Ebike court case

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MrGrumpy

Huge Member
Location
Fly Fifer
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

Is there a link to the original report ?? It seems clear in what is written that it was a modified ebike ? However because of that it would then be classed as a motorbike and would require licence/insurance etc. However it seems that there is a bit more detail available elsewhere ?
 
OP
OP
Blue Hills
Location
London
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
Thanks for the reply.
I thought riding a derestricted ebike was a crime. Are you saying it's not and that folk have to be caught by not having a licence for a different type of vehicle?
Why hasn't he been charged with anything relating to the vehicle? Seems odd.

Typo corrected to "deristricted"
 
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Pale Rider

Legendary Member
Thanks for the reply.
I thought riding a restricted ebike was a crime. Are you saying it's not and that folk have to be caught by not having a licence for a different type of vehicle?
Why hasn't he been charged with anything relating to the vehicle? Seems odd.

Using an illegal ebike on the road otherwise responsibly is a construction and use offence which would only be dealt with by a fine.

This defendant has killed someone, so that trumps other possible charges.

He is charged with the more unusual offences of causing death while driving unlicensed and causing death while driving uninsured.

They both carry a maximum of two years.

The death by careless is the most serious which has a maximum of five years.
 

Smudge

Veteran
Location
Somerset
Thanks for the reply.
I thought riding a derestricted ebike was a crime. Are you saying it's not and that folk have to be caught by not having a licence for a different type of vehicle?
Why hasn't he been charged with anything relating to the vehicle? Seems odd.

Typo corrected to "deristricted"

Its not a crime to have a non road legal ebike, as its perfectly legal to use them on private land.
The offences that you can be charged with, are when you use them on the road. Had he not hit and killed this woman and was just stopped by the police, he could have been charged with riding with no licence and insurance. As it is, it seems they've lumped this in with causing death on a motor vehicle without a licence & insurance.
 

Smudge

Veteran
Location
Somerset
This ebike rider, that shouldn't have even been on the road, not only hit and killed this woman. But then the coward tried to escape from the scene, taking the evidence of his non road legal ebike with him. Caring only about not getting nicked, without a thought for the poor woman he hit.
I hope they throw the book at him and he gets the maximum sentence allowed.
 

jowwy

Can't spell, Can't Punctuate....Sue Me
This ebike rider, that shouldn't have even been on the road, not only hit and killed this woman. But then the coward tried to escape from the scene, taking the evidence of his non road legal ebike with him. Caring only about not getting nicked, without a thought for the poor woman he hit.
I hope they throw the book at him and he gets the maximum sentence allowed.
as far as i am aware, he didnt take the bike with him, it was dumped on the roadside. if he had, then no one would know it was an ebike or illegal ebike
 

Smudge

Veteran
Location
Somerset
as far as i am aware, he didnt take the bike with him, it was dumped on the roadside. if he had, then no one would know it was an ebike or illegal ebike

He did take the bike with him, he ran off carrying it. It was only when he was further away did he dump it.
As you know, because of the heavy weight of ebikes, they are hard to carry for any meaningful distance. This one being non road legal will have an even heavier motor.
 

PK99

Legendary Member
Location
SW19

jowwy

Can't spell, Can't Punctuate....Sue Me
There is CCTV of the incident showing the impact through to him carrying the bicycle away from the scene. It was found dumped a mile away.

Btw it looks indistinguishable from a normal MTB.

https://www.thesun.co.uk/news/7238430/woman-killed-dalston-kingsland-road-electric-bike/
im not clicking on a link that is quoting the SUN newspaper.............
 

Pale Rider

Legendary Member
im not clicking on a link that is quoting the SUN newspaper.............
I agree - but in this case it seems to be the only actual CCTV of the incident so I held my nose and had a look

quite informative - he was going very fast for a bike - and she had quite a long way to walk/run to get up to him - but he made absolutely no attempt to slow down of swerve - I can only assume he was distracted by a phone or something

Although she did move quite quickly!
In any case he should not have been on the road on that thing - and whatever he was riding he should have been paying FAR more attention to the road

in this case 2 people were not paying attention and their paths crossed in a bad way - but in the end the one on the faster, more powerful and more potentially deadly object has to bear the most responsibly
In the same way that if a car and bike collide - you know the rest

In the end - sympathy to the family of the poor woman who died
 
So the verdict is in on the case of a "cyclist" charged with causing death by careless driving, and driving without a licence, on an illegally quick electric motorbike.

The only thing this has to do with cycling is that the electric motorbike started life as a bicycle before being illegally modified.

I am baffled how this particular uninsured individual was given not guilty verdict. Can anyone enlighten?
 
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