Trikes & The Law – Busting Urban Myths

People often get very annoyed when ‘facts’ challenge their misguided belief in “what somebody told them in a pub”, so I have no doubt that some folk will argue vehemently about some of the content in this article.

I can assure NABD members that the ‘facts’ in this article have been diligently researched and the sources quoted can easily be checked.

2026. This article relates to UK legislation as it stands in January 2026.

 

Trike Brakes:

The rules governing braking systems on trikes is probably the most contentious and confusing issue relating to trike legislation, so I will try to keep it simple.

1. References to ‘service brakes’ relate to the standard brakes on a vehicle that are used for normal slowing down and stopping.

Powered two-wheel (PTW) motorcycles, are legally required to have two separate, individually controlled, service braking systems.  However, it is perfectly legal to have all of the service brakes on a trike in a single system, operated by a single control (pedal or lever), though some trike riders prefer to retain independent control of front and rear brakes, which is also perfectly legal.

Parking Brake:

Irrespective of a trike having a single service brake system or two independent service brake systems, it must also have a parking brake (commonly referred to as a ‘hand brake,’ though it can be operated by a foot-pedal control where a disability makes it necessary).

The parking brake control system must be independent of the service brake control systems.

Schedule 3 of The Road Vehicles Construction & Use Regulations (RVCU) 1986, which is up to date with all changes known to be in force on or before 30^th December 2024, states, “The parking brake must be:
a) able to be applied from the driving position.

1. b) uses a control that is operated independently from any service brake and can be positively locked on.
2. c) is able to be held in the ‘on’ position by purely mechanical means.”

It also states, “the parking brake must be operated and maintained by purely mechanical means.”

This is further confirmed in the MOT Inspection Manual, which states, “Hydraulic parking brakes as an only means of operation are not acceptable on vehicles first used on or after 1 January 1968.  However, they may be used to assist the application or release of a mechanical brake.”

The MOT Testers Manual also states, “Electronic parking brakes must be maintained in operation by direct mechanical means, even though they are applied electronically.”

1. This information is also clearly detailed in section 16/2 of the current Motorcycle Single Vehicle Approval (MSVA) Inspection Manual.

So, putting a locking mechanism on a service-brake control will simply not suffice as a parking brake, because that would not be, “operated independently from any service brake”.  Nor would it be, “operated and maintained by purely mechanical means”.

Now, here’s the bit that has been the source of more controversy than any other…

The RVCU regulations state, the parking brake on a trike must, “prevent the rotation of at least one wheel, in the case of a three wheeled vehicle.”

The MSVA Inspection Manual states, a trike must be fitted with, “a parking brake device, which operates on the wheels of at least one axle.”

Though it may not appear so at first glance, these two legal requirements are not mutually exclusive, though, as is so often the case with legislative literature, they are woefully lacking in clarity.

Taking both statements as a whole, in my opinion it would make far more sense to say, “The parking brake on a trike must operate on either, the single wheel, or both of the parallel wheels”.  But then, I am not a committee of well-paid civil servants, so what do I know?

A clear and concise statement such as this would hopefully put an end to the seemingly incessant arguments often espoused by lazy or incompetent trike builders, who insist it is legal to have the parking brake operating on just one of the parallel wheels (these being the rear wheels on a traditionally styled trike or the front wheels on a ‘reversed trike’ such as those produced by Can-Am).

Unfortunately, as I understand it, the MOT Inspection Manual also contains the RVCU statement about the parking brake preventing the rotation of at least one wheel.  This has resulted in trikes being incorrectly issued with MOT certificates year after year despite having a deficient and/or dangerous parking brake, though I know there are MOT testers who quite rightly refuse to pass a trike with a parking brake operating on just one of the parallel wheels because they know it is intrinsically unsafe.

As a time-served engineer, with 40-years’ experience of riding trikes, it is patently obvious to me that having a parking brake working on just one of the parallel wheels of a trike is an extremely stupid thing to do!

Given the fact that the parking brake may need to serve as an emergency brake in the event of a failure of the main service brake system, it shouldn’t take a qualified engineer to explain the danger of applying the brake on just one of the parallel wheels while travelling, even at relatively low speeds.  At best the trike would violently veer to one side, at worst it could flip over completely!

Sadly, I suspect the arguments will continue until the DVSA clarify the requirements with amendments to the Construction & Use Regulations and the MOT Inspection Manual.

 

Trike MOT Tests: (from the MOT Inspection Manual)

Three-wheeled vehicles not exceeding 450kg unladen weight, (excluding motorcycle/sidecar combinations) require a Class 3 MOT test.

Three-wheeled vehicles of more than 450kg unladen weight, (excluding motorcycle/sidecar combinations) require a Class 4 MOT test.

 

Vehicle Excise Duty (aka Road Tax) on Trikes: (from DVLA Rates of Vehicle Tax – V149)

Trikes not exceeding 450kg unladen weight are Tax Class 50 (Tricycles).

Trikes of more than 450kg unladen weight are Tax Class 11 (Private/Light Goods Vehicle).

1. There are people who believe that trike MOT class and Taxation Class depends on whether it is a car-based trike or a motorcycle-based trike. Ignore them, they are wrong!

 

Unbodied Trikes:

Where legislation refers to ‘unbodied trikes’ this means trikes where the riders are not enclosed within the vehicle.  Trikes with fibreglass body kits like those used in the past by Boom and Pheonix, and contemporary designs such as Can-Am trikes, where the body kit covers the machine but not the rider, are classed as ‘unbodied’ trikes.

1. A Robin Reliant is a ‘bodied’ trike, where the riders are enclosed within the vehicle.

To avoid confusion, all of the legislation quoted in this article appertains to unbodied trikes.

 

Helmet Law:

In the UK, it is a legal requirement that a motorcycle helmet must be worn when riding on public roads.  Standards.  All helmets worn on UK roads must meet one of the following Safety Standards:

• British Standard BS 6658:1985 and carry the BSI Kitemark
• UNECE Regulation 22.05
• A European Economic Area member standard offering at least the same safety and protection as BS 6658:1985, and carry a mark equivalent to the BSI Kitemark

This helmet law is specific to the use of mopeds, motorcycles and motorcycle/sidecar combinations.  Trikes are not included in this legislation and therefore it is not compulsory for people to wear a helmet of any kind when riding a trike, as rider or passenger.

Source: https://www.gov.uk/motorcycle-helmet-law

22. It is now illegal to sell motorcycle helmets in the UK and Europe unless they carry the ECE 22.06 mark, though it is still legal to use helmets carrying the previous marks listed above. Many of the helmets offered for sale online (including those with a US ‘DOT Mark’) do not meet these safety standards.

 

Seatbelts:

There are some very persistent urban myths on this subject.  Some will claim that seatbelts are required in car-based trikes but not motorcycle based trikes, others insist that seatbelts must be worn if crash helmets aren’t being worn.  I have even heard people saying the use of seatbelts depends on whether you have a bike licence or a car licence.  I have no idea which seriously polluted ‘fountain of knowledge’ these ideas come from, but I can assure you, they are all utter nonsense!

Seatbelts are not required for:

• three-wheeled mopeds
• tip-up occasional seats
• a sit astride, saddle type driver’s seat on unbodied tricycles

• any sit astride, saddle type passenger seat that’s immediately in front or behind the driver in a longitudinal plane

So, in essence, a trike with ‘saddle seats’ where the rider and passengers sit astride the frame, as they do on a motorcycle, seatbelts are not compulsory.

However, if the rider and/or passenger does not sit astride the frame, seatbelts are compulsory.

Where rear passenger seats are mounted outboard (either side of the frame) and forward-facing, as is the case on the majority of 3-or-4-seater trikes, each of those seats must be fitted with either a lap belt, three-point lap and diagonal belt (may be static or inertia), harness belt, disabled persons belt or child restraint.

On some car-based trikes (‘Beach Bastard’ style where a portion of the rear body and roof of a car are retained) it is often the case that the rider sits astride the frame on a saddle type seat while the passengers sit in the original rear car seat.  In these circumstances, the rider’s seat does not require a seatbelt, but seat belts are compulsory for the rear passenger seats.

1. This legislation may differ for trikes that were first used before 17^th June 1999 if they have an unladen weight of less than 410kg, but the legislation changes several times between 1965 and 1999, and I have neither the space nor the inclination to detail them all in this article. If your trike is currently more than 26-years old, have a tedious wade through the sources listed below to see what applies in your case.

It is a legal requirement that where seatbelts are fitted, they must be used, even if the fitting of them was not a legal requirement.

Any seatbelts fitted to vehicles in the UK must have been tested and approved to British or European standards, this is not always the case with seatbelts offered for sale online.  Check before you buy.

1. Where trikes have been ‘type approved’ without seatbelts. They are MOT compliant if there’s evidence that they are type approved to 92/61/EEC or 2002/24/EC.

Sources:

• https://www.gov.uk/guidance/mot-inspection-manual-for-private-passenger-and-light-commercial-vehicles/appendix-c-seat-belt-fitment-tables
• https://www.legislation.gov.uk/uksi/2003/1959/schedules/made
• https://www.legislation.gov.uk/uksi/1986/1078/regulation/47
• https://www.gov.uk/seat-belts-law

Caveat:

I have witnessed at first hand the dreadful results of somebody being thrown from an outboard passenger seat when the rider had to make a sudden violent swerve to avoid a collision, so I cannot fault the validity of this legislation.

I strongly recommend the use of seatbelts on forward facing outboard passenger seats, even if the trike pre-dates the legislation.

 

Mirrors:

Trikes must be fitted with at least one offside and one nearside exterior rear view mirror both of which must meet the adjustment requirements and the vibration requirements.

• The diameter of the reflecting surface of a circular mirror must be:
• not less than 94mm
• not more than 150mm
• Where mirrors are not circular, their reflecting surface must be:
• able to contain a 78mm diameter circle
• no larger than 120mm x 200mm.

Mirrors must be fitted or set in such a way that the centre of the reflective surface is at least 280mm from the centre line of the vehicle when the handlebars in the ‘straight ahead’ position.

1. This legislation applies to all unbodied trikes, irrespective of when they were first registered.

Sources:

• https://www.legislation.gov.uk/uksi/2003/1959/schedules/made
• https://assets.publishing.service.gov.uk/media/6308ab748fa8f55361ddd828/motorcycle-single-vehicle-approval-inspection-manual.pdf

 

Rick Hulse

NABD Chairman