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Father prosecuted for carrying child on bike

Top tube mounted saddle not a safe or proper adaptation, say police

A father from Burton-on-Trent has been fined £100 for carrying his two-year-old son on his bicycle, with the youngster sitting on a seat that had been bought from Halfords, reports The Daily Telegraph.

Ghullam Murtza, aged 26, was issued with a fixed penalty notice for carrying more than one person on his bike after officers stopped him when he was cycling through the Staffordshire town with his son. He angrily ripped the ticket in two – so he got a fine for littering, too.

He was subsequently prosecuted at Burton Magistrates’ Court under section 24 of the Road Traffic Act 1988, which says that “Not more than one person may be carried on a road on a bicycle not propelled by mechanical power unless it is constructed or adapted for the carriage of more than one person.”

Mr Murtza pleaded guilty and was fined £100 for that offence, and also had to pay court costs plus a £15 victim surcharge.

However, he pointed out afterwards: “I have been riding like this for 13 months and the police have never told me it was not safe. It took this one officer, who had nothing better to do, who decided to arrest me.”

While the case is unlikely to set a legal precedent, news of it could cause alarm among parents who carry their children on their bikes. Indeed, quite why the prosecution was brought in the first place remains unclear, and may have more to do with Mr Murta ripping up his ticket than the severity of his perceived offence.

It’s also unclear why Mr Murtza entered a guilty plea – a taxi driver by trade, perhaps he thought it best to get the matter settled as quickly as possible so he could get back to work – but for the police, that in itself is enough to bring the issue to a close.

Quoted in the Telegraph, Chief Inspector Phil Fortun, who heads the East Staffordshire Local Policing Team, said: “It is our duty to protect people and ensure the safety of the communities we serve.

"The bicycle was not made to carry a child in that way and officers took action to protect the young child from potential injury or worse, should the bike have been involved in a collision.

“The bike's owner was well-meaning in his efforts, but misguided with regards to the safety of himself and his son.”

“The gentleman concerned admitted the offences when he appeared before magistrates in Burton. He has subsequently been dealt with by the court, receiving a fine. We do not wish to add anything further to the statement.”

Malcolm Shepherd, chief executive of sustainable transport charity Sustrans, expressed his surprise at the prosecution, saying: “The most important thing is that it is a proper seat that has been fitted properly. We want kids on their bikes and we don't want incidents like this to put parents off carrying their children.”
 

Simon joined road.cc as news editor in 2009 and is now the site’s community editor, acting as a link between the team producing the content and our readers. A law and languages graduate, published translator and former retail analyst, he has reported on issues as diverse as cycling-related court cases, anti-doping investigations, the latest developments in the bike industry and the sport’s biggest races. Now back in London full-time after 15 years living in Oxford and Cambridge, he loves cycling along the Thames but misses having his former riding buddy, Elodie the miniature schnauzer, in the basket in front of him.

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43 comments

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David Portland | 13 years ago
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Look at the picture on the Telegraph and then read this article again, it's quite funny done that way round...

Whatever that is in the picture, it patently isn't a "properly fitted, safety compliant seat"  3

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OldRidgeback | 13 years ago
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The guy says he bolted the saddle to the bike and then covered it in tape for added security. Covering it in tape would also cover over any bolts that could get in the way of his knees while riding I suppose. I can't see footrests either. It also looks as if the child's helmet is on the wrong way round.

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GavinT | 13 years ago
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/edit

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GavinT | 13 years ago
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Why did he wrap the seat with duct tape 'to make it secure' also ' Halford’s spokesman confirmed that some of its seats were designed to fit to the crossbar and that instructions were provided'. - but not necessarily this one then? Also - where are the footrests?

So it's not clear if the seat in question was made to be fitted in this way is it? No evidence that it wasn't but it's not not clear that he was definitely using a proper seat which was correctly fitted.

All seems a bit ridiculous but did he maybe plead guilty because the installation was dodgy?

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OldRidgeback | 13 years ago
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It is indeed peculiar, which was why I posted it on the forum earlier. The comments on the Telegraph website do for the most part seem to take the side of the cyclist in the curious case of the non-offence committed. The police seem to take the view that since the guy went to court and admitted responsibility, justice has been done and that there is no need for further investigation, despite the fact that no offence was committed in the first place. It does beg the question as to whether there is something more to this than meets the eye. Was the child seat fastened inappropriately or was the bicycle not suitable for the seat fitted? Perhaps the officer should be required to explain.

I used to carry my kids on a child seat when they were little but was never stopped by some jobsworth shiny buttons policeman/woman. This was a rear-mounted child seat rather than the crossbar type the non-offender was using. I have to say, the rear-mounted child seats do adversely affect handling of a bicycle by placing more weight to the rear. I never tried the crossbar type but in terms of centre of gravity and balance they do seem a better option.

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djcritchley | 13 years ago
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£15 victim surcharge!
 13
Does this go to his son?

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seanieh66 replied to djcritchley | 13 years ago
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djcritchley wrote:

£15 victim surcharge!
 13
Does this go to his son?

 4

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Simon_MacMichael replied to seanieh66 | 13 years ago
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djcritchley wrote:

£15 victim surcharge!
 13
Does this go to his son?

An apparently meaningless add-on to charges that tends to leave the general public scratching its head but nevertheless needs to be paid.

Still, enough about that little bit that gets added to the fare when the taxi-driving father pushes the button on the meter at the end of the journey...  3

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Paul M | 13 years ago
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Too late now to lock the stable door as the horse has bolted, but if Mr Murtza was a member of CTC or a similar organisation he could perhaps have applied for legal assistance and I like to think it would have met the CDF criteria for assistance (all about setting precedents).

The reader comments in the DT were interesting - it is a rare occasion that I find myself agreeing with a Torygraph reader but the comments on elf&safety gone mad, don't the local plod have any real crime to tackle etc, do seem entirely apposite on this occasion.

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BigDummy | 13 years ago
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I worry periodically that sooner or later I shall be arrested for carrying a passenger on the Xtracycle.

The police need to explain what it was that was dangerous about the particular arrangement that this guy had going on, so that we stand a chance of not falling foul of their cretinous interference. Otherwise they can bugger off. Haven't they got some paperwork to do to get them off the streets?

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drbirrdie | 13 years ago
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Is there no real crime in Burton-on-Trent that the police would be best concentrating on?  2

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Doctor Fegg | 13 years ago
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The thing that stuns me most about this story, I'm afraid, is that Mr Murza is a taxi driver and a cyclist.

I cycle in Burton most days. It's a very cycle-hostile town for two reasons: terrible infrastructure, and taxi drivers. Burton's taxi drivers pass too close (I think 2in is my record), cut you up, turn across you without signalling, and so on. If Burton had any cycle lanes they'd park in them... but it doesn't.

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yocto | 13 years ago
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Is this a joke...!!!?

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