Birmingham City Council section 114 notice updates

To find out more about the section 114 notice, visit our section 114 page

City council interim injunction to ban street cruising remains in place

Published: Wednesday, 24th May 2023

An interim High Court order banning street cruising across Birmingham will remain in place until a final hearing is held following a review at Birmingham High Court last week (19 May 2023).

This injunction, prohibiting drivers or riders or passengers from taking part in a street cruise anywhere in Birmingham, has been in place since December 2022.

Any driver, rider or passenger breaching the order could be arrested immediately, and could face up to two years in prison, a fine, or have their assets seized.

The full terms of the injunction, power of arrest, applications for alternative service and interim injunction, documents and evidence can be found at https://www.birmingham.gov.uk/streetcruiseapplication2022.

Cllr Nicky Brennan, Cabinet Member for Social Justice, Community Safety and Equalities, said: “Street cruising is dangerous as well as being a nuisance for law-abiding citizens.

“While the current order remains in place, I would like to see the courts take public concerns into consideration and grant a full injunction, outlawing street cruises for good across our city.

“By working with our partners at the police on applying for this injunction, we have shown we understand and share the continued concerns raised by many residents, about this anti-social and life-threatening behaviour.

“Past court action shows that we won’t hesitate to ensure justice is served upon offenders, who have no excuse for their actions. There are plenty of lawful ways to exhibit and demonstrate their vehicles – but our roads are not the place for it.”

Although the application for this order has been made by Birmingham City Council’s Community Safety Team, officers from West Midlands Police will be responsible for its enforcement.

Chief Superintendent Ian Green, from West Midlands Police, said: “We have been working jointly with all local authorities over the past few years and are determined to tackle dangerous and reckless driving which puts the safety of others and themselves at risk.

“Alongside our partners we do not tolerate illegal car gatherings due to the danger and nuisance they create to communities and the wider public going about their lives.

"We have officers dedicated to addressing the issue from both neighbourhood teams and specialist traffic resources, who are also working with the insurance industry and providing diversionary and educational courses.

“We will take every opportunity to intervene and enforce against this activity and this includes spectators and those organising or promoting these events.”.

Birmingham High Court also continued an interim order previously granted to Wolverhampton City Council on behalf of local authorities in the Black Country.

If anyone sees any street cruising taking place, they should contact police via Live Chat at west-midlands.police.uk between 8am and midnight, call 101 anytime or 999 in an emergency.

ENDS

 

Who does the injunction apply to?

The injunction applies to persons unknown ( i.e anyone ) who participate or intend to participate in street cruises in Birmingham as car drivers, motorcycle riders or passengers in motor cars or on motorcycles and to 6 named defendants.

What is street cruising?

Street cruising is a congregation of the drivers of two or more motor vehicles (including motor cycles) between the hours of 7pm and 7am on the public highway or at any place to which with public have access within the claimant’s local government area (in this case, the City of Birmingham).

The order covers any driver or rider of or passenger in or on any vehicle, who performs any of the activities set out below, causing excessive noise, danger to other road users (including pedestrians), damage or the risk of damage to private property, litter or any nuisance to another person not participating in the street cruise.

The activities referenced above are:

  • driving or riding at excessive speed, or otherwise dangerously,
  • driving or riding in convoy;
  • racing against other motor-vehicles;
  • performing stunts in or on motor-vehicles;
  • obstructing the highway or any private property.
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