Question on legal requirement for Motorbike jacket

olearydc

Hi

Ok, I have been on bikes on and off for about 25 years.

Someone in my office asked me what was the legal requirement for a jacket and I said that the only legal requirement was for a bike helmet but common sense dictates you wear some sort of biker jacket and gloves for protection.

Reason I was asked was:

Friends relation got pulled over yesterday by the Guards. He is a new biker and the guard gave him a hard time shouting and pointing at him on a side of a road reagrding a number of points

• Bike restrictor. Guards did not believe the bike was restricted (Don’t know what he was driving, neither does my friend) He pointed out that his college lecturer did it for him and a phone call would clear up confusion but another bike cop came alone and drove it away for a bit for a 'test'
• But big issue was his bike jacket. Guard gave him a hard time (not a lecture!) saying his jacket was illegal because it had no day glow or reflective strips and tore into him.:mad:

At the end of the day they let him go but in the process made a few more people think differently about some Guards. Why the F2%$ cant a motorbike cop see a new biker and give them good advice that will benefit them in the future instead of……

My question is this. Is there a law about the jacket (As I never knew) and if there is can someone point me in the right direction..cheers

Thanks in advance

Pigeon Reaper

No law about jackets or other equipment in Ireland. The only thing you need is a helmet. The guards would be in the wrong including the bit about riding the bike to check for the restrictor as this needs a dyno to confirm. The whole story sounds rather fishy in fairness.

KamiKazi

olearydc wrote: »

My question is this. Is there a law about the jacket (As I never knew) and if there is can someone point me in the right direction..cheers

No.

I'd be reporting that Garda TBH, what a pr1ck.

honeybadger

what county did this happen,

olearydc

honeybadger wrote: »

what county did this happen,

Hi honeybadger

It happened in Cork, near the Kinsale roundabout.

TheZohanS

olearydc wrote: »

• But big issue was his bike jacket. Guard gave him a hard time (not a lecture!) saying his jacket was illegal because it had no day glow or reflective strips and tore into him.:mad:

Maybe he was talking about the "L" tabard that Provisional riders are required to wear...

PCPhoto

Garda is also not allowed to take your bike for a "test" ... sounds like the Gardai are messing around in Cork - abusing their powers on innocent drivers.

What would have happened if the Garda testing the Bike ended out crashing.... he'd sue the owner (insurance) as he/she gave the garda the bike to "test"

While I feel sorry for the person who got a tongue lashing from the gardai - he/she needs to man up and learn the rules and regulations with respect to motorcycles on the road ...information is the key - if you know the rules/regulations you can tell the garda the correct rules and report the garda if he/she is abusing their job.

Ps. its illegal for motorbikes to drive in a bus lane (most bus lanes are for cycles and buses ...taxi's are not permitted in a bus lane unless ferrying a passenger or if they are stopped they generally say they are on their way to collect a passenger ...bit of a grey area but gardai turn a blind eye...similar to motorbikes on a bus lane...gardai usually turn a blind eye.)

eurofoxy

there is no law about jackets, its the helmet that is the requirment as mentioned above.

I would question the legality of him driving the bike as i dont think he would have been insured to "test" drive a bike, correct me if i am wrong here but if a cop stopped you in a car and said it was tuned and he wanted to "test " how powerful it was, i would not be allowing him to even sit in my car, never mind sit on my bike.

As the op said why they cant offer advice in stead of critism, but this is the minority i have met loads of motorcycle guards and they all offer nothing but good advice and if you look most have their own bikes and some even give courses.
When i wanted to get into biking it was a guard who convinced me, i went to the local station and had a good chat with 2 guards who both rode for the guards and both owned their own bikes.

PCPhoto

eurofoxy wrote: »

As the op said why they cant offer advice in stead of critism, but this is the minority i have met loads of motorcycle guards and they all offer nothing but good advice and if you look most have their own bikes and some even give courses..

totally agree with this ..... the GF drives a bike (I'm a cager) but she's told me that some gardai spend their free time doing courses for bikers.

EvilMonkey

If he has a learner permit he is required to wear a hi vis jacket with L plates on it.

Vehicles in categories A, A1 and M (motorcyles and mopeds) cannot carry a passenger and are required at all times to display ‘L’ plates front and rear on a yellow fluorescent tabard.

http://www.rsa.ie/en/RSA/Learner-Drivers/Your-learner-permit/what-it-is/

The guard let him off with a warning. If he wasn't wearing a proper bike jacket/gear the garda was right to give him a hard time. Its not illegal but its no harm to encourage the use of proper gear.

PCPhoto wrote: »

Garda is also not allowed to take your bike for a "test" ... sounds like the Gardai are messing around in Cork - abusing their powers on innocent drivers.

What would have happened if the Garda testing the Bike ended out crashing.... he'd sue the owner (insurance) as he/she gave the garda the bike to "test"

There was a thread on this here a while ago, Some Guards trained for vehicle inspection can take any vehicle for a test drive to check if its roadworthy. Its happening allot recently. If you refuse your bike is likely to be impounded.

Turner

PCPhoto wrote: »

Garda is also not allowed to take your bike for a "test" ... sounds like the Gardai are messing around in Cork - abusing their powers on innocent drivers.

The Gardai can seize and test drive any car/motorcycle/bicycle they like if they believe it to contain a defect or think it is dangerous. (does not really apply to testing if a bike is restricted)

http://www.irishstatutebook.ie/1961/en/act/pub/0024/sec0020.html


Obviously a Garda who doesnt have a license for a bike is not going to jump onto your 1300 fjr and take it for a test drive.

Motorbike cops obviously have licenses and serious amounts of biker training.

KamiKazi

Not having restrictors installed doesn't classify the bike as dangerous or defective IMO.

Turner

I know but if they wanted to test it for a defect the law is there.

I was only responding to the posts where people were saying Gardai were not allowed to test drive a car or bike.

We know now that they are, if they believe its defective in any way that would be dangerous.

OP's post says "a friend" restricted the bike. Maybe that gave the Garda the hint that there might be a defect.

Only a guess now this is a second hand, sorry third hand story after all.

KamiKazi

They'd need to have a reasonable suspicion that the bike was defective first.

Which being unrestricted is not.

bladespin

KamiKazi wrote: »

Not having restrictors installed doesn't classify the bike as dangerous or defective IMO.

AFIK (fairly reliably informed) It does for a restricted user.

No law on clothing (though the rules of the road mention 'suitable' clothing, there is a legal requirement for the tabard on a learner permit though , as mentioned already.

Cuddlesworth

Sounds like your mate should read up on the requirements of his license and get a Learner tabard. Especially if he wants to drive around cork on it. Its been common knowledge around the biking scene for a while that a particular officer of the law is on a strict campaign of checking restrictor's and correct gear for Learners.

Greenmachine

No chance of claiming twok then by the sounds of it.

Maybe he was refering to rider lack of a reflective tabbard with the ould red L if he is a learn. Also isn't something along the line of the Cbt after being rolled out here for new drivers. Not sure of the workings as I have a full A.

Chief--- wrote: »

The Gardai can seize and test drive any car/motorcycle/bicycle they like if they believe it to contain a defect or think it is dangerous. (does not really apply to testing if a bike is restricted)

http://www.irishstatutebook.ie/1961/en/act/pub/0024/sec0020.html


Obviously a Garda who doesnt have a license for a bike is not going to jump onto your 1300 fjr and take it for a test drive.

Motorbike cops obviously have licenses and serious amounts of biker training.

seanybiker

honeybadger wrote: »

what county did this happen,

I wonder who you thought it was.

seanybiker

Chief--- wrote: »

Motorbike cops obviously have licenses and serious amounts of biker training.

They do a week or two course and have a full license then if they pass it. I'm sure some of them have extra training.

Turner

seanybiker wrote: »

They do a week or two course and have a full license then if they pass it. I'm sure some of them have extra training.

The standard course they do is 4 weeks, 9am - 5pm.

Advanced and Escort/VIP courses are 2 or 3 weeks on top i cannot remember.

KamiKazi

bladespin wrote: »

AFIK (fairly reliably informed) It does for a restricted user.

'tis a massively grey area.

bladespin

KamiKazi wrote: »

'tis a massively grey area.

Sure is, but I'd err on the side of caution TBH, future brother in law is a garda and when I posed that question before (another restrictor thread) it was his opinion that a bike without a restrictor being ridden by a restricted license holder would be at best defective (missing a critical part) or at worst being driven without a license or insurance etc. etc.

Del2005

KamiKazi wrote: »

They'd need to have a reasonable suspicion that the bike was defective first.

Which being unrestricted is not.

The Gardaí had a reasonable suspicion that the OP's friend was ridding outside the terms of his licence. They have the 2 options to prove that the bike is being ridden legally.

1)Impound it till it's proven that the bike is restricted, with all the costs involved for the OP's friend

2) Get a bike Garda to take it for a run up and down the road to see if it's restricted.

The OP's mate got the easier and cheaper option.

goldie fish

PCPhoto wrote: »

Garda is also not allowed to take your bike for a "test" ... sounds like the Gardai are messing around in Cork - abusing their powers on innocent drivers.

That isn't true, a garda has the power to drive any vehicle to determine if it is dangerously defective.

amacca

Del2005 wrote: »

The Gardaí had a reasonable suspicion that the OP's friend was ridding outside the terms of his licence. They have the 2 options to prove that the bike is being ridden legally.

1)Impound it till it's proven that the bike is restricted, with all the costs involved for the OP's friend

2) Get a bike Garda to take it for a run up and down the road to see if it's restricted.

The OP's mate got the easier and cheaper option.

In the case of option 1 above.....does the owner/rider still have the pay if the bike turns out to be restricted and there is no issue with it?

seems unfair if you would have to.....


if on the other hand it was unrestricted then and illegal then you should have to pay

Chaos Marine

Pigeon Reaper wrote: »

No law about jackets or other equipment in Ireland. The only thing you need is a helmet. The guards would be in the wrong including the bit about riding the bike to check for the restrictor as this needs a dyno to confirm. The whole story sounds rather fishy in fairness.

You're wrong here. If he's on a learner permit he's legally required to wear a high vis jacket with an L on it.

KamiKazi

Chaos Marine wrote: »

You're wrong here. If he's on a learner permit he's legally required to wear a high vis jacket with an L on it.

Motorbike jacket and L vest are not the same thing.

jameshayes

If this happened in Dublin City its the 2nd time of heard of a garda giving out to someone saying their clothing is illegal... a few months ago one of the lads in my job got a bollocking because his gear was illegal - he didn't know for sure the laws so he just took the bollocking...