Ministerial permissions add layers of complexity:
A rider of a legal EAPC is a cyclist, and the DfT (in the person of Minister Clare Perry) consider SVA type approved EAPCs with throttles to still be EAPCs in Great Britain and therefore bicycles ridden by cyclists.
BUT, in law they are then Motor Vehicles, regardless of the usage permission, so the rider is a driver in law so must report a dog accident they are involved in.
Potentially more troublesome are layers of permissions. For example a cyclist can use Minister Paul Boateng's year 2000 permission to take to the pavement out of genuine fear of a difficult traffic situation. But what happens if they are if they are riding a throttle equipped EAPC using Minister Clare Perry's permission for it to still be considered a bicycle under the Type Approval law exemption (h).
Thus, for a motorised bicycle, a limited exemption from the law given by that law, then that exemption contravened by a Minister to ignore an EAPCs new status as motor vehicle in law, and then it using a quite different Minister's permission to be ridden in contravention of the law on pavement use.
One for a very senior court to work out and rule on, to determine if the Rider / Cyclist is Not Guilty, OR has to pay the £20 fixed penalty for cycling on the pavement, OR is subject to a much more severe penalty for driving on the pavement.
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