This is an issue that has arisen in a couple of my cases recently, where one parent is transporting a child by motorbike against the wishes of the other, and I have been asked, what is the legal position?

The surprising answer is that there is no minimum legal age for a child to ride a motorbike. A child can be carried by motorbike, as long as they have the consent of someone who holds Parental Responsibility. However, this does not need to be the consent of everyone who holds Parental Responsibility.

Although it may be legal, and there is no minimum age to carry a child on a motorbike, parents and carers are advised to use their own common sense in ensuring it is safe. Rules 83 – 88 of The Highway Code cover rules of motorcyclists and Rule 85 states;

“You  MUST NOT carry more than one pillion passenger who  MUST sit astride the machine on a proper seat. They should face forward with both feet on the footrests. You  MUST NOT carry a pillion passenger unless your motorcycle is designed to do so. Provisional licence holders  MUST NOT carry a pillion passenger.”

It is also important to ensure the child is able to safely hold on, and that they have the correct safety equipment, including a properly fitting and safety standard compliant helmet. Failure to wear a properly fitting and regulation compliant safety helmet is breaking the law, unless a religious exemption applies.

The law around carrying passengers states;

“Every two-wheeled motorcycle for use on a road shall have suitable supports or rests for the feet of a person carried astride that motorcycle in addition to the driver. The supports or rests referred to shall be constructed so as to enable them to be reached by the feet of a person aged 10 of average height for that age.”

This does not mean a child must be over 10 to ride a motorcycle, and the height of a footrest will vary depending on the make and model. Although not mandatory, it is also recommended to wear eye and ear protection, strong boots and gloves.

In reality, parents are advised to communicate and try to reach an agreement between them that keeps a child safe. The important point to keep in mind is that just because it is legal, it doesn’t mean it is always right or safe, and I say that as a biker myself.