Trading standards leaflets

Mini motos, quad bikes and off-road vehicles - a guide for consumers

Vehicles such as mini motorcycles (mini motos) and quad bikes must satisfy the requirements of the law if they are ridden in a public place. Riders themselves must also satisfy the requirements of the law to ride in a public place. If these requirements cannot be met, the only places these vehicles can be ridden are on dedicated sites or on private land, with the permission of the landowner.

The vehicle bought must be safe and a range of factors are taken into account when assessing safety. It must also be of satisfactory quality, fit for purpose and as described. If the vehicle has a problem, the consumer is entitled to either a full or partial refund, a repair or replacement - the remedy depends on the facts of the case. If a free guarantee or warranty is given, it must state that it does not affect a consumer's legal rights. A private buyer does not have the same legal protection as a consumer who buys from a trader.

In the guide
Where can I ride my vehicle?
Are these vehicles safe?
Pre-shopping tips
Do I have any legal rights once I have bought the vehicle?
What about my guarantee?
Do I have the same protection when I buy privately or online?
Do I have any more protection?
I think my mini moto is counterfeit - what can I do?
Can my 14 year old son buy petrol for his mini moto?

Where can I ride my vehicle?
Vehicles, including quad bikes and motorcycles, ridden on the road must be 'type approved' (which means compliant with construction regulations for use on the road), have road tax and, if the vehicle is over three years old, have a valid MOT. They must also have lights, brakes and an exhaust which meet requirements and also carry a registration plate.

 If you are driving a quad bike on the road you should have a full driving licence, insurance and you should wear a protective helmet. If you are driving a quad bike off road then you do not need a driving licence and the bike does not have to be taxed. To ride a motorcycle on the road, riders must complete compulsory basic training (CBT) and then pass a motorcycle test within 2 years or the CBT has to be retaken. There is also a legal requirement to be insured and wear a protective helmet

Most mini motos, quad bikes and other off road vehicles cannot legally be ridden on the road, nor can they be used on pavements, footpaths, cycle paths, on parkland, common land or wasteland. They can only be ridden legally on dedicated sites or private land (with the permission of the landowner).

Anyone riding their off-road vehicle illegally runs the risk of prosecution for:

• careless or dangerous driving
• having no tax or insurance
• riding without a licence
• riding without a valid MOT
• causing a nuisance or behaving anti-socially

They may also face having their vehicle confiscated by the police, following a warning, if they ride in an illegal or anti-social manner.

Further information on the use of these vehicles can be obtained from the police.

Are these vehicles safe?
The law states that any product sold to consumers must be safe. A safe product is one which, when used in a normal or reasonably foreseeable way, poses no or minimal risk taking into consideration the type of product and its intended use.

There are a number of factors taken into account when assessing whether a product is safe, such as:

• the composition of the product
• packaging, instructions for installation, assembly or use, labelling and other information provided for the consumer
• the types of consumers at risk when using the product, such as children
• the effect the product may have on other products with which it might be used

If a product is designed or intended (whether or not exclusively) for children under the age of 14 years for use in play, then the Toys (Safety) Regulations 2011 apply. Toys have to comply with European standard EN 71 and must be CE marked. Vehicles such as electric scooters for children may be covered by this Regulation. Toy vehicles equipped with combustion engines are excluded.

The Supply of Machinery (Safety) Regulations 2008 apply to off-road vehicles but they exclude vehicles intended for use in competitions or on the road. Vehicles that are manufactured to specific European standards are deemed to comply with the health and safety requirements set out in the regulations. Vehicles to which the regulations apply must be CE marked.

Pre-shopping tips:

• do your homework and find the correct vehicle for your requirements at the right price
• always ensure that the trader gives adequate written instructions on the specification of the vehicle, its use and maintenance
• ask the trader if you can test drive the vehicle, legally of course
• if the trader makes any specific claims about the vehicle, its capabilities or when and where it can be used, always make sure they are written down and signed by the trader
• carry out thorough checks on the seller if you choose to buy privately
• check that the person who is selling the vehicle actually owns it
• check the vehicle thoroughly, especially if it is second-hand
• ensure you have the appropriate safety equipment

Do I have any legal rights once I have bought the vehicle?
When you buy a vehicle from a trader you enter into a contract which is controlled by many laws including the Sale of Goods Act 1979. The law gives you certain (sometimes referred to as statutory) rights. The vehicle must be:

of satisfactory quality - a vehicle is of satisfactory quality if it meets a standard that a reasonable person would regard as being satisfactory, taking account of any description applied to it, the price (if relevant) and all other relevant circumstances. Satisfactory quality also includes the state and condition of the vehicle, its fitness for the purpose for which it is supplied, appearance and finish, its safety and durability and whether it is free from minor defects.

Public statements made by the trader, manufacturer or their representative relating to specific characteristics of the vehicle, particularly in advertising or on labelling must be accurate and are a factor in determining whether the vehicle of satisfactory quality.

fit for the purpose made known to the trader - the vehicle must be fit for its general purpose and any particular purpose that a consumer makes known to the trader at the time of purchase .

as described - the vehicle should correspond with any description applied to it .

If the vehicle was faulty at the time of sale, you are legally entitled to request one of the following remedies:

• a full refund
• compensation (damages)
• repair or replacement
• rescission or reduction in price

Please see our 'Buying goods - your rights' leaflet for more information.

 What about my guarantee?
If you were given a free manufacturer's guarantee, that guarantee is legally binding and gives you the right to take legal action against the manufacturer if it is not honoured. Any guarantee or warranty must state that it does not affect the consumer's legal rights. It must be set out in plain language, be clear on content and the length it will last. It must contain a name and address and how to make a claim. It must also be available to you if you request to see a copy. Please see also our leaflet 'Guarantees and warranties'

Do I have the same protection when I buy online or privately?
If you decide to buy a vehicle from a trader by distance means, such as from a website, you have the same basic rights as you have when buying from a trader face-to-face. The Consumer Protection (Distance Selling) Regulations 2000 may also give you additional protection because the contract you enter into is concluded at a distance and without face-to-face contact. See our leaflet 'Shopping from home' for more information.

An Internet auction is a term which describes a website that allows people to buy and sell goods and includes competitive bidding. As a buyer, you should undertake the following:

• familiarise yourself with the websites - read all relevant terms and conditions, especially those which explain what you can do if things go wrong
• you will probably need to register before you can buy
• establish whether the seller is a trader or a private individual
• find out as much as you can about the seller/trader before committing yourself to the buying the vehicle - read reviews if there are any
• research the vehicle you are considering buying before going ahead
• find out what the collection, delivery and payment arrangements are
• if you buy from a trader, find out what after-sales arrangements are available

When you buy a vehicle from a private individual, you don't have the same rights as when buying from a trader. The legal principle of caveat emptor, or 'buyer beware', operates. You have no right to expect that vehicle is of satisfactory quality or fit for its purpose, but there is a requirement that it should be 'as described'. You should check the vehicle thoroughly before you buy it. You should also ensure that the buyer has 'good title' to the vehicle, which means that he is the owner. These principles and rights apply regardless of whether you buy from a private individual via a website, from a newspaper classified advertisement or if you respond to a 'for sale' sign on the vehicle.

Do I have any more protection?
If you pay for the vehicle on finance arranged through the trader (not hire purchase or conditional sale agreements) or by credit card and if the vehicle costs more than £100, you are protected under Section 75 of the Consumer Credit Act 1974. This makes the finance provider as responsible as the trader for a breach of contract or a misrepresentation. You are entitled to take action against the trader, the finance provider or both. This does not apply to charge cards or debit cards. If the cost of the vehicle exceeds £30,000 and is less than £60,260, you may be able to claim against the finance company under section 75A of the Consumer Credit Act 1974 if the finance was arranged specifically to buy that vehicle.

If you bought the vehicle on hire purchase and you have a problem, then you should contact the finance provider, as it owns the vehicle until you have finished paying for it.

Under the Consumer Rights (Payment Surcharges) Regulations 2012, traders are banned from charging fees to consumers that are excessive for using payment methods such as credit and debit cards. The fees charged must reflect the actual cost to the trader of using that particular payment process. The regulations apply to most sales and service contracts but excludes some contracts, such as those for social and health services, certain financial services and food and drink delivered by regular roundspeople. A contract term relating to requirement to pay a fee is unenforceable against you to the extent of the excess charged. If you have paid an excessive fee, the excess must be repaid to you. If you believe a trader's fees are excessive report it to the Citizens Advice consumer service.

I think my mini moto is counterfeit - what can I do?
You may come across mini motos with badges of well-known motorcycle manufacturers on them. You should contact the manufacturer, or its UK representative, to establish if the vehicle is genuine. If you believe it may be counterfeit, report it to Citizens Advice consumer service for referral to trading standards.

Can my 14 year old son buy petrol for his mini moto?
It is illegal to sell petrol to children under the age of 16.

Please note
This leaflet is not an authoritative interpretation of the law and is intended only for guidance. Any legislation referred to, while still current, may have been amended from the form in which it was originally enacted.

For further information please contact the Citizens Advice consumer service, which provides free, confidential and impartial advice on consumer issues. Visit www.adviceguide.org.uk or call the Citizens Advice consumer helpline on 08454 04 05 06.

Relevant legislation
Consumer Credit Act 1974
Sale of Goods Act 1979
Sale and Supply of Goods Act 1994
Consumer Protection (Distance Selling) Regulations 2000
Sale and Supply of Goods to Consumers Regulations 2002
General Product Safety Regulations 2005
Supply of Machinery (Safety) Regulations 2008
Toys (Safety) Regulations 2011
Consumer Rights (Payment Surcharges) Regulations 2012

Last reviewed/updated: April 2013

© 2013 itsa Ltd on behalf of the Trading Standards Institute.