Asbo

[jamesterror]

Is it on your drive-way or have I misread, effectively thats private properly?

If you're doing it during the day then its fine, I'd understand if he was working nights and asked you to quieten down as we have the same with our neighbour, they've got a VK Campervan which is quite loud, then I've got the SV with the race can on it..

[ophic]

Scroll down to section 7.4 - it indicates that the noise must be audible within his dwelling to be an ASB noise complaint.

Darren,

Hmmm, this is a tricky one. For the ASBO legislation to be utilised you need to have either committed a Section 3 RTA 1988 (careless driving) or Section 34 (driving a motor vehicle elsewhere than on a road). In my opinion, the Section 3 does not cover it but it could be seen as a contravention of a Section 34 HOWEVER, it could also be argued that a driveway falls into the definition of a road in Scotland which under the Roads (Scotland) Act 1984 is:

"anyway, other than a waterway, which there is public right of passage (by whatever means and whether subject to toll of not) and includes the road's verge, and any bridge (whether permenant or temporary) over which, or tunnel through which, the road passes and any other parts thereof."

And IIRC, it has been argued in court that a driveway and a pathway does have a public right of passage as members of the public can access it to approach your house.

We recently had a case where a guy was revving the tits of his old clapped out mini and driving up and down his driveway, purposely to annoy his neighbours. After a lot of discussion and debate we decided we couldn't ude the ASBO legislation. However, that is only my experience and it is a bit of a grey area.

[jamesterror]

Originally Posted by Milky Bar Kid

We recently had a case where a guy was revving the tits of his old clapped out mini and driving up and down his driveway, purposely to annoy his neighbours. After a lot of discussion and debate we decided we couldn't ude the ASBO legislation. However, that is only my experience and it is a bit of a grey area.

Thats intent though, where Darren in my opinion is just doing maintenance, the only intent he has it to ensure his bike is correctly maintained not p1ss people off.

You haven't read my whole post. I wasn't saying Darren was in the wrong here!!!

However, Darren, I have got the books out and looked up S126 ASB etc. (Scotland) 2004, and actually, they can issue a warning and then subsequently seize your vehicle if you are using your vehicle in manner which is causing or is likely to cause, alarm, annoyance, distress or disturbance to members of the public....which it could be argued by your neighbour you are doing.

Mate, you've said it already... it's your folks house and he's retired. Who's got the time to make this molehill into a mountain? Not you, I'm sure. And who's he going to be getting even with for years to come if you win this one? Your folks I guess.
"You're better off giving your path to a dog than risking a bite contesting your right to it," is the advice I was given when I was younger and easily riled. Don't let him push your buttons.

How often do you need to be running the bike up n down the drive? Not too often I reckon. Next time you need to do it, pop around and tell him you need to do it and why, and ask when would suit him. Chances are he'll be impressed you bothered to even ask and will probably be pretty flexible. If not, you'll have pi$$ed him off by being the bigger man.

IMO he's probably bored and lonely and this gives him something to do. Have a chat with him, you'll make his day.

I live in a fairly quiet road, but id be fu*ked if i would take that from a neighbour.
I have people at back of me who use a petrol hedge trimmer in the summer which is way more loud and annoying than my bike is.
Some people play music loudly in some peoples streets, do police go and warn all them with a yellow card? i doubt it.
That said, i try to start bike up and pull away early as poosible as to not cause too much noise and only use low revs until im on the main road.
Its about being respectful at the end of the day, treat people the same way you expect to be treated. Karma

[Geodude]

Originally Posted by ceeshaw

Mate, you've said it already... it's your folks house and he's retired. Who's got the time to make this molehill into a mountain? Not you, I'm sure. And who's he going to be getting even with for years to come if you win this one? Your folks I guess.
"You're better off giving your path to a dig than risking a bite contesting your right to it," is the advice I was given when I was younger and easily riled. Don't let him push your buttons.

How often do you need to be running the bike up n down the drive? Not too often I reckon. Next time you need to do it, pop around and tell him you need to do it and why, and ask when would suit him. Chances are he'll be impressed you bothered to even ask and will probably be pretty flexible. If not, you'll have pi$$ed him off by being the bigger man.

IMO he's probably bored and lonely and this gives him something to do. Have a chat with him, you'll make his day.

+1 seems like a good plan

[DarrenSV650S]

Originally Posted by jamesterror

Is it on your drive-way or have I misread, effectively thats private properly?

If you're doing it during the day then its fine, I'd understand if he was working nights and asked you to quieten down as we have the same with our neighbour, they've got a VK Campervan which is quite loud, then I've got the SV with the race can on it..

It is our private drive and only goes to our house but it passes the side of his house (over a wall)

Originally Posted by ophic

Scroll down to section 7.4 - it indicates that the noise must be audible within his dwelling to be an ASB noise complaint.

I think it will be audible in his house but I don't know how loud it will be. The police did say that he has single glazing. Don't see how that's my fault though

Originally Posted by Milky Bar Kid

You haven't read my whole post. I wasn't saying Darren was in the wrong here!!!

However, Darren, I have got the books out and looked up S126 ASB etc. (Scotland) 2004, and actually, they can issue a warning and then subsequently seize your vehicle if you are using your vehicle in manner which is causing or is likely to cause, alarm, annoyance, distress or disturbance to members of the public....which it could be argued by your neighbour you are doing.

Well he's definitely annoyed. So I guess that makes me a criminal

[DarrenSV650S]

Originally Posted by ceeshaw

Mate, you've said it already... it's your folks house and he's retired. Who's got the time to make this molehill into a mountain? Not you, I'm sure. And who's he going to be getting even with for years to come if you win this one? Your folks I guess.
"You're better off giving your path to a dig than risking a bite contesting your right to it," is the advice I was given when I was younger and easily riled. Don't let him push your buttons.

How often do you need to be running the bike up n down the drive? Not too often I reckon. Next time you need to do it, pop around and tell him you need to do it and why, and ask when would suit him. Chances are he'll be impressed you bothered to even ask and will probably be pretty flexible. If not, you'll have pi$$ed him off by being the bigger man.

IMO he's probably bored and lonely and this gives him something to do. Have a chat with him, you'll make his day.

I agree, I really don't want this agro. But I seriously don't think I was being unreasonable. Going round and asking permission is probably the thing to do but it just seems like I'm giving him control of what I do. And what if he says no? I just have to wait about until it suits him?