First of all Amigafan, I think it's presumptuous of you to believe you know how a court might view such a case as you describe. Regardless of that, Mike Killay made a very pertinent point with regard to the media and politicians which you seem to simply ignore.1: Illegal ebike user crashes into a pedestrian @ 25mph on a cycle path. Court conclusion would be "riding an uninsured, unliscensed and unregistered vehicle in a restricted area" which would attract the appropriate punishment, even if the user was deemed to not be responsible for the accident. Ebike legislation wouldn't be called into question as quite clearly the rider is NOT riding an ebike therefore the legislation does not aplpy. The only point for which the ebike legislation would be consulted would be to determine if the machine was an ebike or not.
2: Legal ebike user crashes into a pedestrain @ 15mph on a cycle path. Court finds user not at fault but requests a judicial review of ebike legislation to consider if 15mph is the appropriate limit for ebikes and if ebikes should be allowed on cycle paths.
Your assertion that,
is wholly ill-thought as the campaigning tabloids, in my opinion, would care not a jot about any distinction between one electric bike and another and would seek to have all such dangerous machines banned or more stringently regulated.Accidents on "illegal" ebikes are unlikely to affect "legal" ebike users because the "illegal" ebike user is acting outside of the legislation.
If your point in all this is to convince readers that illegal ebikes are actually ok and we needn't pay too much heed to the law, then you are quite wrong. That view will harm the case for ebikes to remain relatively unfettered by legislation and what I find stupid in all this is that no-one is preventing anyone from going fast on two wheels. There are various mopeds, scooters and motorcycles for all those who wish to go faster under power than the law provides.
For those who need to go faster under power, please buy the appropriate machine, comply with the necessary legislation and wear the correct safety equipment. Leave ebikes and their legislation for those of us who enjoy them just as it is.
Indalo