When is a bike not a bike?

[Mom]

Interesting test case this one, for more than one reason.

I seem to recall a case a few years ago where some bloke got done EBA on a ride on mower.

http://www.stuff.co.nz/national/crime/3892111/Former-officers-electric-bike-lands-him-in-court

[bogan]

if thats a motor vehicle they do a fucking poor job of telling people, I investigated registering electric bikes a few years ago and anything with power under 500W (iirc, though it could be 300W) wasn't classed as a motor vehicle and did not require registration. I'm guessing cos a person can provide that sorta power output briefly on a cycle. Maybe they reckon hie people power plus the electric power puts him over?

[Mom]

I knew I had read something about a lawn mower

http://www.nzherald.co.nz/nz/news/article.cfm?c_id=1&objectid=10486979

I wonder what the outcome of that was?

[grusomhat]

When it's a reliant robin.

[Genestho]

I wonder what the outcome of that was?

"The judge sentenced Gunn to 300 hours of community service and disqualified him from driving for a further six months."
http://www.northernadvocate.co.nz/local/news/drink-drive-lawnmower-man-stupid/3763984/

[cold comfort]

Ironically its sounds like hes being persecuted by the same agency he worked for. On first appearances (taking the cycle dealers comments also) it apears he bought the thing in good faith believing it was a cycle. I have no sympathy for the dumb actions in the Buller Gorge but talk about kicking a man when hes down.

[Dschubba]

Maybe he didn't pass the "Attitude" test?!

[NighthawkNZ]

http://www.nzta.govt.nz/vehicle/classes-standards/class.html

[bogan]

http://www.nzta.govt.nz/vehicle/classes-standards/class.html

hmm, so going by those specs it is a moped. I do wonder if they have recently changed the power limit though, as the guy who sold it believed it was 300W.

[SMOKEU]

I doubt the cops actually measured the power output of that scooter.

[cold comfort]

http://www.nzta.govt.nz/vehicle/classes-standards/class.html

Good point NH-you would think he would know that. Looks like he is running true to character.

[breakaway]

Ironically its sounds like hes being persecuted by the same agency he worked for. On first appearances (taking the cycle dealers comments also) it apears he bought the thing in good faith believing it was a cycle. I have no sympathy for the dumb actions in the Buller Gorge but talk about kicking a man when hes down.

Disagree. I love that now he's getting a taste of the medicine he was so proud to dish out, while on the outside of the system. I love shit like this. This pig deserves no sympathy.

[Mom]

You would think he would know it given what his job used to be. The thing is though he is on motorised transport on the road when he is disqualified. The drunk lawnmower rider discovered that you can still be done EBA if you are not in/on a registered vehicle. What I find interesting is the fact he was pulled up in the first place. He was on his way to work apparently, and has not done anything else to attract attention to himself (well nothing has been reported to be more accurate) just he was pinged for riding it while disqualified.

[Beemer]

Considering this is the waste of space who did a three-point-turn that resulted in two motorcyclists nearly being killed, I doubt he cared. He would have had a fair idea it was considered a vehicle as it was motorised, so he deserved what he got. Should give him a scooter once his disqualification ends and send him into the middle of Italy for a taste of what it's like to be scared in traffic!

[rastuscat]

The Ezi Rider he was riding is apparently this one.

http://www.stuff.co.nz/national/crime/3892111/Former-officers-electric-bike-lands-him-in-court

Coz it's a powered vehicle, it has to be classified as something.

The defence is arguing that it is a Class AB, being a power assisted pedal cycle. To be one of these it has to be primarily powered by the pedals, and assisted by the motor.

The prosecution is going to argue that, especially given that he has removed the pedals (per the picture in the paper), it's not a pedal cycle at all. Further, it is fitted with mirrors, a tail light and a brake light, all things that are vehicle related, not bicycle related. It's quite clearly a moped.

I have researched this several times through the MoT (yes, it's a policy and law dept, but it knows the rules) and each time it is made very clear that it is a moped.

I had a small degree of sympathy with Mr Bridgeman when he caused the crash, but on this one, whether he likes it or not, he's in the wrong.

The problem for the prosecution is that they need to prove both mens rea and actus reas. Actus reas is easy, coz he got caught riding it. Mens rea, (intent), means they have to prove that he knew it was illegal and did it anyway. This is one of the few traffic charges where intent is actually a thing needed to be proven.

It'll be interesting to see how this one goes.

[bogan]

The Ezi Rider he was riding is apparently this one.

http://www.stuff.co.nz/national/crime/3892111/Former-officers-electric-bike-lands-him-in-court

Coz it's a powered vehicle, it has to be classified as something.

The defence is arguing that it is a Class AB, being a power assisted pedal cycle. To be one of these it has to be primarily powered by the pedals, and assisted by the motor.

The prosecution is going to argue that, especially given that he has removed the pedals (per the picture in the paper), it's not a pedal cycle at all. Further, it is fitted with mirrors, a tail light and a brake light, all things that are vehicle related, not bicycle related. It's quite clearly a moped.

I have researched this several times through the MoT (yes, it's a policy and law dept, but it knows the rules) and each time it is made very clear that it is a moped.

I had a small degree of sympathy with Mr Bridgeman when he caused the crash, but on this one, whether he likes it or not, he's in the wrong.

The problem for the prosecution is that they need to prove both mens rea and actus reas. Actus reas is easy, coz he got caught riding it. Mens rea, (intent), means they have to prove that he knew it was illegal and did it anyway. This is one of the few traffic charges where intent is actually a thing needed to be proven.

It'll be interesting to see how this one goes.

oh, thats way different from what I was thinking of, I thought it was a push bike but with a little motor and batteries on it. Though I disagree that the lights and shape make it a moped, having no pedals kinda does make it a powered vehicle, he had to know it was illegal! Also, whats the story with mobility scooters then? they got no pedals.

[Beemer]

Looks more like a scooter than an electric bike. It would be interesting to know where and when he was riding said bike too - did he ride it in areas that cycles are not permitted for instance?

[MarkH]

My opinion: As a former police officer that worked in traffic enforcement, I am confident that he knew damned well that without the pedals attached the vehicle could not possibly qualify as a power assisted bicycle. If it could take him 7km to work without any pedalling at all then it is definitely an electric moped. I look forward to reading about him getting convicted.

[bogan]

My opinion: As a former police officer that worked in traffic enforcement, I am confident that he knew damned well that without the pedals attached the vehicle could not possibly qualify as a power assisted bicycle. If it could take him 7km to work without any pedalling at all then it is definitely an electric moped. I look forward to reading about him getting convicted.

well put! and it suggest he is not remorseful over his past actions as well, he was ordered off the road because he demonstrated an inability to drive safely, now he tries to find a loophole around it, admittedly theres not a lot of damage you can do with a 30kmhr scoot, but still.

[Rogue Rider]

Don't drink and drive, smoke dope and fly................... or eat soap, smoke dope and fly home in a bubble.