Ebike court case

jowwy

Guru
https://www.bbc.co.uk/news/uk-england-london-51647068

be interesting to see what happens here.

If I've read it right it seems that the lights may have been in favour of the the bike but that it may have been tinkered with.

Definitely a fair few tinkered with ones around London.
Yes the bike was fitted with illegal motor and throttle......all this was reported 18mths ago. Yes it’s in court today, but its been wrongly quoted as being an ebike.....rather than an unregistered moped
 

classic33

Legendary Member
To be fair it does say that it was pointed out in court.
"The court heard Mr Hanlon's bike was capable of going double that speed and as such should have been categorised as a motorbike."
 

HMS_Dave

Über Member
Location
Midlands
Clearly I muppet. Unfortunately this will be seen as a loutish cyclist rather than an illegal motorist in the media (daily mail brigade) which is clearly the case. Sympathies with the poor woman and her family...
 

PK99

Legendary Member
Location
SW19
Clearly I muppet. Unfortunately this will be seen as a loutish cyclist rather than an illegal motorist in the media (daily mail brigade) which is clearly the case. Sympathies with the poor woman and her family...
He was a loutish cyclist. The cycle was illegal, but it was a cycle.
 

HMS_Dave

Über Member
Location
Midlands
He was a loutish cyclist. The cycle was illegal, but it was a cycle.
The law is clear, it is referred to as such in this particular case as an unregistered moped. Which is what it is. He is being had for no insurance while we're at it. It was suggested that it could do double the speed limit of lawful ebike so that's 30mph. That is moped territory. It may look like a bicycle and I remember some mopeds as a kid had pedals, it still is lawfully classed as a moped.
 
OP
Blue Hills
Location
London
Yes the bike was fitted with illegal motor and throttle......all this was reported 18mths ago. Yes it’s in court today, but its been wrongly quoted as being an ebike.....rather than an unregistered moped
Whether it was a modified ebike or an unregistered moped will be decided by the court i assume?
 

Pale Rider

Legendary Member
Whether it was a modified ebike or an unregistered moped will be decided by the court i assume?
Not really because it's not relevant to the charges.

The most serious charge is death by careless driving, for which the prosecution has to prove only two things.

He caused the death, and his driving/riding was careless, defined as falling below the standard of a careful and competent driver, or a momentary lapse of attention.

The type of vehicle doesn't come into it, only that it must be mechanically propelled, which for this purpose includes an electric motor.

The other two charges are simply that he had no licence for that type of vehicle and that he had no insurance - again nothing to do with the legality or otherwise of the bike.

The derestricted nature of the bike has been given in evidence, or at least, opened by the prosecutor which means he has evidence of it.

Likely to be a statement from a suitably qualified electrical engineer or traffic cop, which probably won't be challenged - assuming they got to examine the bike.

He left the scene with it, so may have tried to tinker or dispose of the bike before handing himself in.

The prosecutor has also mentioned two other strands of evidence he intends to present.

Another cyclist who said the defendant barrelled past him at high speed, and CCTV showing him going at speed without pedalling.

All that is trying to prove is he was going fast, which the prosecutor hopes will convince the jury his driving was careless.
 

CXRAndy

Guru
Location
Lincs
Hopefully some separate and clear legislation will be introduced to allow a definitive S Pedelec rules, instead of patching onto moped legislation
 
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