PROPOSED ANTI-TAMPERING LEGISLATION On 28th September 2021, the Department for Transport (DfT) published a consultation paper entitled; ‘Future of Transport Regulatory Review Consultation’. Much of the content, as one might expect, related to the environmental concerns relating to transport and the advent and growth of autonomous vehicles. However, one section in particular was a cause for grave concern as far as the NABD and other motorcycle rider’s-rights groups and that was the section entitled, ‘Tackling Tampering’. Though the thrust of this section appeared to be aimed at preventing people from tampering with the control systems of autonomous vehicle, it was so broadly worded that any resulting legislation could be used to make it illegal to modify or adapt motorcycles, trikes and/or any other vehicle. The consultation document can be seen in full at: https://assets.publishing.service.gov.uk/government/ uploads/system/uploads/attachment_data/ file/1033151/future-of-transport-regulatory-reviewmodernising-vehicle-standards-print-version.pdf (Or you could just put ‘‘Future of Transport Regulatory Review Consultation’ into Google and follow your nose). NABD Chairman, Rick Hulse, provided the official response of the NABD in a fifteen-page report on behalf of the NABD Trustees. As it is a very detailed document, we only have room in the Open House for an extremely abridged version of Rick’s report but you can read the whole of it on the NABD website at www.nabd.org.uk/dftresponse/ After providing the NABD’s credentials and outlining our general concerns with content of the consultation the report went on to explain our specific concerns in greater detail from age 5... CONCERNS: In respect of the control adaptations currently being used by people with disabilities on 20 Open House Issue 99
motorcycles, sidecar outfits, trikes and quads, each of them could be construed as ‘tampering’ with existing control systems. Similarly, the conversion of a motorcycle to a trike, which is a very common adaptation utilised by motorcyclists with disabilities, involves ‘tampering’ with control systems, power transmission and suspension systems. Even the limited range of factory production trikes that are available generally require further adaptation to make them suitable for many disabilities. Motorcycle/Sidecar outfits also often require the further adaptation of control systems to make them suitable for use by people with disabilities and, in the case of the innovative ride-from-thewheelchair sidecar outfits, every control system of the motorcycle has to be ‘tampered’ with. Even some quite straight-forward aspects of commonly used, successful and indispensable adaptations could very easily be construed as contravening the proposed restriction on “removing, reducing the effectiveness of, or rendering inoperative a system, part or component for a vehicle” as described on page 11 of the consultation document, particularly where that system is no longer required due to the nature of the adaptation or where it has been replaced with a non-standard alternative. A commonplace example of this would be the bypassing of the safety interlock switch that prevents motorcycle gears being engaged while the side-stand is down. When a motorcycle is converted to a trike, the side-stand becomes redundant and the safety interlock switch is shorted-out to allow the side-stand to be removed. It is often the case that adaptations are carried-out on motorcycles prior to the point of sale. This allows the disabled person to purchase the machine with a VAT rating of 0% due to it being specifically adapted to suit a disability. Motorcycle, trike and quad manufacturers and/or suppliers may
