When is a bike not a bike?

[bogan]

The Ezi Rider he was riding is apparently this one.

http://www.stuff.co.nz/national/crim...s-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.