Can this happen when using your ebike?

Article from local paper got me thinking, can you be banned for Drink Driving when using your Electric bike?

 

News & Star | News | Cumbrian man's ban for drink-driving at 5mph on scooter

It's not the first case and IIRC it has been overturned before because it's an unfair punishment, losing your license should only be for motoring offences that require a license. I bet I can't find it now.

Woman motorist banned after police catch her drink-driving... on a 2.4mph mobility scooter | Mail Online

This ones a cracker:

Barbie car joyride results in driving ban - Big Brother Watch

A DISABLED man has been banned from driving for three years after being caught drink driving — on his mobility scooter.

well if you need another example of how thick the police/prosecution service and judiciary are then this is it:rolleyes:

IMHO he should have refused to take a breath test, as he didn't need a driving licence or road tax, I should think that is why he wasnt banned from the road.

Ah! but aren't there two laws for use on road and on pavement with mobility scooter. If used on the road I think it has to be registered and in this case if he was intoxicated could be prosecuted....I may have that completely wrong though!

 

Maybe not, class 3....

 

Mobility scooters - what you need to know

 

More here:

 

Where can I use my Mobility Scooter

 

You do not require a driving license to use a Class 3 vehicle but you should obey the Highway Code at all times, including complying with relevant eyesight requirements and not driving under the influence of alcohol, drugs etc.

Edited July 14, 201015 yr by NRG

Article from local paper got me thinking, can you be banned for Drink Driving when using your Electric bike?

 

News & Star | News | Cumbrian man's ban for drink-driving at 5mph on scooter

 

The current road traffic act clearly states that for an electric bike to be exempt from being classed as a motorised vehicle it has to have the following features.

 

1) Weigh less than 40 kilos for a 2 wheel bike and 60 kilos for a tricycle

2) Have a motor which has a rated power of no more than 200 watts for a 2 wheel bike and 250 watts for a tricycle.

3) A working pedal system by which the bike can be used without the motor.

4) A maximum speed under power of 15 mph.

5) Carry a makers label stating the manufacturer, weight and motor power.

6) The rider must be at least 14 years of age.

 

 

Any electric bike that does not comply with the above specification will be deemed to be a motorised vehicle and with fall under the moped regulations, and you could be banned for drink driving. however if your bike complies the worse that you can get is a fine.

The current road traffic act clearly states that for an electric bike to be exempt from being classed as a motorised vehicle it has to have the following features.

 

5) Carry a makers label stating the manufacturer, weight and motor power.

 

Any electric bike that does not comply with the above specification will be deemed to be a motorised vehicle and with fall under the moped regulations, and you could be banned for drink driving. however if your bike complies the worse that you can get is a fine.

 

I wonder how the bicycles fitted with the hub kits stand on that one as the makers never designed the bike to have a motor !

I wonder how the bicycles fitted with the hub kits stand on that one as the makers never designed the bike to have a motor !

 

I guess that the kit manufacturer should provide the label, also i would not think anybody is going to take much notice of it, but if the police get into you for being drunk they are going to try to find a way to win in court.....just don't drink when your riding your bike, it makes sense

I wonder how the bicycles fitted with the hub kits stand on that one as the makers never designed the bike to have a motor !

 

They should be taken through single vehicle type approval before use on the roads. Don't worry though, all e-bikes in Britain are illegal anyway, yes really.

 

The law clearly states that the bike (not the motor) should be plated by the mnaufacturer with the plate stating motor power in watts, battery voltage and bike weight. The plate should be in a prominent position where it can be easily read. Of course none of them comply as they come from the manufacturer.

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Since this chap's scooter can exceed 4 mph on his own admission, it's the maximum 8 mph class 3 and should be registered for road use, though not necessary if just for crossing roads. As such, it will probably come under a road traffic act somewhere so is possibly subject to drink drive law.

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just don't drink when your riding your bike, it makes sense

 

No it doesn't:p

 

We enjoy cycling when abroad in our motorhome. Being able to have a few drinks with a meal, and not worry (as you do when driving) about being probably a bit over the limit for the ride back, is one of the main advantages of cycling;)

 

If you are reckless you get what you deserve I guess.

No it doesn't

 

We enjoy cycling when abroad in our motorhome. Being able to have a few drinks with a meal, and not worry (as you do when driving) about being probably a bit over the limit for the ride back, is one of the main advantages of cycling

 

If you are reckless you get what you deserve I guess.

__________________

 

Well said Eddieo. Hear, hear!

I think that Section 30 of the Road Traffic Act 1988 applies:

 

30(1) A person who, when riding a cycle on a road or other public place, is unfit to ride through drink or drugs (that is to say, is under the influence of drink or a drug to such an extent as to be incapable of having proper control of the cycle) is guilty of an offence.

 

Note that this seems quite a high level of drunkenness - not just over the limit as in car driving.

I think that Section 30 of the Road Traffic Act 1988 applies:

 

30(1) A person who, when riding a cycle on a road or other public place, is unfit to ride through drink or drugs (that is to say, is under the influence of drink or a drug to such an extent as to be incapable of having proper control of the cycle) is guilty of an offence.

 

Note that this seems quite a high level of drunkenness - not just over the limit as in car driving.

 

That last bit is the key - there is no limit. The legal alcohol limit as enforced by breathalyser or blood sample only applies to motor vehicles - not bicycles. For this purpose a pedelec is not a motor vehicle.

 

You can still be done for being too drunk to ride, but that's a subjective thing based on your behaviour - a similar law to the one applied in pre-breathalyser days. Wobbling all over the road or falling off and being unable to get on again might just qualify.....

 

Rog.

 

You can still be done for being too drunk to ride, but that's a subjective thing based on your behaviour - a similar law to the one applied in pre-breathalyser days. Wobbling all over the road or falling off and being unable to get on again might just qualify.....

 

Rog.

 

But can you loose your driving licence?

 

And say you are cycling with another drunk and they do not have a driving licence.....what then?

 

But can you loose your driving licence?

 

In short, no. Loss of licence can only be occasioned where illegal use of a motor vehicle is concerned, and e-bikes are specifically exempt from the motor vehicle aspects of the provisions of the Road Traffic Acts.

 

The police and magistrates courts can and sometimes do get things wrong. If arrested and brought to court, refuse to surrender your licence to the court and don't accept an incorrect finding regarding a ban.

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Edited July 15, 201015 yr by flecc

I'm no expert but it appears offences commited while cycling can result in a driving ban as this link shows.

 

Injured cyclist gets driving ban for breaking red light - National News, Frontpage - Independent.ie

Edited July 15, 201015 yr by onmebike

I'm no expert but it appears offences commited while cycling can result in a driving ban as this link shows.

 

I am not sure that many Irish will be pleased by he notion that the Republic of Ireland is subject to British roadl law

 

It may be in the British Isles but it ain't in the United Kingdom.

But that was in Ireland...

Oops, crossed with Lemmy's post

Thanks for the geography lesson guys, I never doubted it was in Ireland.

I did say I'm no expert, the point I'm making is, the outcome of the case came as just as much of a shock to the Irish as it would do if it happened here and as far as I can see, theres nothing to say it can't.

The law here only state's maximum penalties for cycling offences[Currently £2500.00 I believe], would a driving ban be considered to be greater than the current maximum penalty?

I'm not even sure if a driving ban include's e-cycling, it appears it could well do.

Edited July 15, 201015 yr by onmebike

 

I'm not even sure if a driving ban include's e-cycling, it appears it could well do.

 

No it doesn't, legal e-bikes are not motor vehicles under our road traffic acts, unlike in Ireland where they are.

 

You cannot lose your licence for an offence while riding a legal e-bike, just as you cannot be banned from riding an e-bike.

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Thanks for the geography lesson guys, I never doubted it was in Ireland.

I did say I'm no expert, the point I'm making is, the outcome of the case came as just as much of a shock to the Irish as it would do if it happened here and as far as I can see, theres nothing to say it can't.

The law here only state's maximum penalties for cycling offences[Currently £2500.00 I believe], would a driving ban be considered to be greater than the current maximum penalty?

I'm not even sure if a driving ban include's e-cycling, it appears it could well do.

 

As riding an e-bike doesn't require any sort of licence, you CANNOT be banned from riding one - unless they lock you up (always possible) which might have that effect.

 

Driving licences only relate to motor vehicles - an e-bike is not considered to be one under present legislation - it's still legally a bicycle.

 

The only point to watch is whether what you're riding might be considered to be a motor vehicle - so that Alien Aurora could well land you in serious trouble if you were caught riding it on the road. If it will really do 24 mph without pedalling on the flat that would be classed as an illegal motor vehicle and you could lose your driving licence (if you had one), the bike could be confiscated as being unregistered, uninsured and unapproved, and purely in my opinion there would be a considerable danger of that happening if the police had a mind to stop you. Whether you were doing that speed at the time without pedalling would be irrelevant. Any policeman who reads this forum will already have seen pictures and will know what to look out for.

 

E-bikes do seem to be getting more popular, and that could well lead to some complications. Up to the present time there probably haven't been enough of them on the road to attract much scrutiny from the authorities. As the cost of running an engine-powered vehicle is set to rise fairly rapidly our little niche perversion might well become more main stream, with all that implies.

 

Rog.

Sorry Flecc, you beat me to it...

 

Rog.