Police powers: New Section 59 rules and what what they mean for bikers

Police in England and Wales can now seize motorcycles, and any other vehicles, being used anti-socially without issuing a warning first. 

The British Motorcyclists Federation (BMF) has published guidance explaining the changes, warning riders that they could lose access to their motorcycles immediately if their behaviour meets the legal threshold for seizure.

Previously the police generally had to issue a warning before seizing a vehicle under Section 59 of the Police Reform Act 2002, unless an exception applied. That requirement was removed on June 29, 2026, under the Crime and Policing Act 2026, giving officers greater scope to act against anti-social use of motorcycles and other vehicles.

Section 59 applies where a uniformed police officer has reasonable grounds to believe a vehicle has been used in a careless or inconsiderate manner. It also covered unauthorised off-road riding. In all cases, though, it covered circumstances that caused, or are likely to cause, alarm, distress or annoyance to the public.

Examples of that could be deemed as street racing, burnouts, aggressive riding, anti-social stunt riding and riding motorcycles on land where motor vehicles are not permitted. 

The rules surrounding seized vehicles have also changed. Since July 22, 2026, the statutory period before a vehicle can be disposed of has been reduced from 14 days to seven, making it important for owners to act quickly if their motorcycle is taken into police custody.

However, the BMF is keen to stress that the changes do not give police unrestricted powers to seize motorcycles simply because an officer dislikes how they look or sound.

An excessively loud exhaust or an undersized number plate can result in separate enforcement action, but neither automatically triggers Section 59. Noise could, however, form part of the wider circumstances if a rider is deliberately revving their motorcycle while behaving inconsiderately in a residential area. 

Simply riding a bike legally and within the scope of the law, which just happens to have a noisy pipe on it, isn’t enough to trigger it – in theory, at least.

The federation has also reassured trail and green-lane riders that legitimate off-road riding remains legal, provided the route allows motor vehicle access and is not subject to restrictions such as a Traffic Regulation Order (TRO).

For riders, the practical advice is straightforward enough, and in line with how most of us ride anyway. If you ride considerately, keep the motorcycle road-legal and check access rights before heading off-road, you’ll be fine. 

The guidance applies to England and Wales, with different legal provisions covering Scotland and Northern Ireland.

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