The dongle re-visited

This is no more than scaremongering.

Who is going to rebuild the smashed bike, test it, discover it's illegal and then go to all the bother of attempting to establish a reverse liability?

It's just not going to happen, there are far too many hurdles at every stage.

If the dongle is broken or lost in the accident, that's the end of it.

Even if the bike is rebuilt and tested there are so many challenges that could be made.

In reality, a check may be made to see if the make and model you were riding meets the regulations.

We are talking about dongles here, so the bike would pass such a check

I agree a factory spec or kit monster ebike might land you in bother.
That's fair... but we have taken extensive legal advice on this, so I might be presenting a worst case prospect.... but it is a chance, and one we're keen tp make sure people appreciate cos we can see we're going to get pestered to sell S-Pedalecs in the UK next year - we won't!

Granted its not as much risk with a Dongle, but its still a risk. So yes I acknowledge I'm presenting a worst case scenario, but you have to realise there is a chance.
 
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shemozzle999

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Phill, should the inevitable worst case happen where people are injured or maimed then the only thing stopping the case being brought to court, I believe, is a CPS ruling that it would fail their test or not be in the public interest to proceed.
If presented, then the proceedings would establish the facts of the case and a verdict given based on those facts. The Judge would then have to sentence based on the current statute laws.
I would not be so sure that your predicted slap on the wrist sentence would be a guaranteed outcome.

Edit: Corrected poster identification.
 
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RobF

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RobF, should the inevitable worst case happen where people are injured or maimed then the only thing stopping the case being brought to court, I believe, is a CPS ruling that it would not be in the public interest to proceed.
If presented, then the proceedings would establish the facts of the case and a verdict given based on those facts. The Judge would then have to sentence based on the current statute laws.
I would not be so sure that your predicted slap on the wrist sentence would be a guaranteed outcome
Shemozzle,

I have not predicted any slap on the wrist or criminal proceedings.

Make inaccurate posts by all means, but try to direct them at the correct member.
 

trex

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May 15, 2011
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If the dongle is not a contributing factor then it has zero consequence.
the legal point is similar to that of an accident involving an uninsured car and an insured car. The driver of the uninsured car will get 6 points and £200 fine, but this action is separate from the main action, the magistrate will deal with apportioning blame based on the contributing factors (eg changing lane, defective brakes, riding on pavement etc). There is currently no penalty for having a dongle.
 
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If presented, then the proceedings would establish the facts of the case and a verdict given based on those facts. The Judge would then have to sentence based on the current statute laws.
Correct, and the current statute is 200w, so you'd be out whether you have a dongle or not.
 

shemozzle999

Esteemed Pedelecer
Sep 28, 2009
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Shemozzle,

I have not predicted any slap on the wrist or criminal proceedings.

Make inaccurate posts by all means, but try to direct them at the correct member.
Corrected members identity but can not find the inaccurate content.
 
If the dongle is not a contributing factor then it has zero consequence.
the legal point is similar to that of an accident involving an uninsured car and an insured car. The driver of the uninsured car will get 6 points and £200 fine, but this action is separate from the main action, the magistrate will deal with apportioning blame based on the contributing factors (eg changing lane, defective brakes, riding on pavement etc). There is currently no penalty for having a dongle.
trex... you're wrong. sorry.

If you're riding a bike thats been chipped so that it can break the laws set out to protect the rest of road users. It is always going to be argued by the other parties that its a contributing factor. In fact its a key factor. I don't see how you feel you'd be able to say.

"Yes, I know the bike I'm riding is illegal, but that wasn't what caused this crash"

of course it caused the crash. The bike shouldn't be on the road. It it was sat in Germany where it belong, the crash would not have happened. So yes the bike is the cause. Without the bike, you wouldn't be there.

Go and have a conversation with a solicitor and see what they advise, I think you'll be shocked about how liable you would be should you be involved in an accident.
 

trex

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I've been reading about this subject all morning (sad, I know) and was looking up the net for Court cases involving bikes and electric bikes.
I can assure you that if you cause an accident involving a guy riding an illegal e-bike, you are not going to be able to pin the blame on him because his bike is illegal. The guy on an illegal bike commits a traffic offence which shall be dealt with by the police, can still sue you for personal injury etc exactly in the same way like he could with a legal bike. Your liability for driving/riding without sufficient care for other road users is exactly the same.
 

D8ve

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Jan 30, 2013
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Do we agree the law is an ass?
Court cases are gambles.
Cars cause serious injuries to cyclists.
Compensation is hard to get.
Mopeds are legal.

If you want to take a chance you could lose a lot.
So be careful and discrete.

Your statements here could be used against you.
The police could hunt you down.
Some have put up video evidence that could convict themselves?
We all have to be careful.

Being nice to each other would also help
 

oldtom

Esteemed Pedelecer
Yes, I do know the position in Law of 250w bikes. They're illegal. What they do in France and Germany is irrelevant. As Col said, if you have an accident on a 250w bike, regardless of whos fault it is, the other party could blame you for riding an illegal bike. If it goes to court, the judge will use the UK law as the basis for decision. The result would be the same on a 250w bike as a 500w one. The only difference is that the Police might decide to prosecute if you have a 500w one, as we have a sort of immunity against prosecution for 250w bikes, but that doesn't make them legal.
Forgive me but I had forgotten you are an expert on everything, not least, case law, precedent and probably the hierarchal structure of the court system.

It may suit your position to pontificate that all EAPCs with a motor rating in excess of 200w are illegal but you are making an assumption of what a magistrate might determine to be the applicable law.

Many would argue otherwise, particularly those solicitors aware,(as they would be) that several police forces run fleets of such 'illegal' EAPCS.

It is disingenuous of you to attempt, after encouraging so many readers of these pages to buy or build illegal machinery, to ameliorate your criminality by encompassing all those decent people riding 250w EAPCs, bought and sold in good faith as compliant.

Your comment about what they do in France and Germany being irrelevant is utter tosh. It's entirely relevant, not least because in Germany, a registration plate is required identifying those higher powered EAPCs as a special class only permitted for use where motorcycles and other higher-powered vehicles may be used. They are prohibited in many places.

You and your little band of acolytes just don't seem to 'get' the fact that, ignoring all other elements of EAPC regulation for a moment, the major reason you ride illegal machines is to allow you to go faster under power than the EAPC speed limit of 25kph. In so doing, you are using EAPCs as motorcycles but illegally. All those who have bought such powerful machines or adjusted machines in such ways that the speed limiting governance is no longer in place are committing several offences.

In short, you and your like-minded friends know the law but choose to break it whereas all those decent, law-abiding cyclists riding standard 250w bikes are in compliance by dint of the cut-off. Of course, I might be entirely wrong in my views but I'm comfortable with my position. You however, might wish to check your understanding and possibly, liability to prosecution including the potential for a conspiracy to commit offences charge.

It really is rather sad to behold grown men act in such a juvenile way. 'My bike's faster than yours and it goes up mountains without me even having to pedal.......and I've just though thought of another whizz. I'm going to jam a lolly stick in the frame so that the spokes will make a noise against it.......then I'll knock that old dear's door and run away!' Perhaps not surprisingly, those who belittle roadies in lycra also seem to emanate from that 'illegal' camp. Keyboard warriors!

At least the last two of those are no more than silly or naughty pranks, usually with little potential for serious harm to anyone, unlike the first! As soon as today's young scallywags realise that they can glean all they need to build a grossly over-powered, 30 mph+ ebike cheaply by reading these pages, (and it's ok 'cos all these old guys do it!) our days of freedom on compliant EAPCs will be numbered.

Tom
 
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SRS

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If everyone stuck to the law and kept quite, homosexuality would still be illegal.
Luckily for society people ignored the law and eventually sense was seen.

We need people to challenge senseless laws and ideas, that's what will make the future different to the past.
 

wissy

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I am just glad that I speak Welsh as a first language and can claim the flash card at my Welsh language school did not have images for above rambling vocabulary demonstration. Iechyd da :)

D.S. Mae fy nheclyn dor-gyfraith gwrthrhwystredig cyflymder trydannol newydd yn gyfleus iawn i achub fy mywyd pan yn croesi'r rhewl ac yn f'ymdrechion i sicrhau bod y mewnfudwyr yn ei cerbydau ddim yn fy lladd pob bore ac yn y prynhawn.
 
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SRS

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What a strange analogy but yes, I agree that senseless laws should be challenged.

Of course, eminently sensible legislation should be supported and upheld!

Tom
Tom

What is senseless to some is clearly total sense to others.
Life would be boring if we all agreed.
 
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tillson

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well, I hope you're taking a hard look at yourself. I'd like to remind you that you have also chosen to ride an illegal bike. The law only allows 200w.
No it doesn't and well you know it. You are twisting and distorting the facts to suit your own agenda.

You know very well that the Department for Transport intend to adopt the 250 Watt limit and have indicated that no one will be prosecuted for using a 250 Watt bike.

A summary is available here.

But as I said, you knew of this information all along, but you cynically chose to ignore it in a pathetic attempt to undermine oldtom's comment.
 
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trex

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that summary is written by FWG Dave, his stand on the subject is well known.
We are not talking about riding irresponsibly here, just the fact that some of us derestrict our otherwise legal bikes. So please, keep this subject within this boundary. Of course if you go over 15mph and cause an accident while using a throttle and not pedalling, the electric assistance is a contributing factor.
The fact that the DfT do not intend to prosecute bikes fitted with 250W motors and bikes fitted with full power throttle seems that they are also not interested to pursue previously legal bikes fitted with dongle or bikes with derestricted LCD.
I have spent the whole morning yesterday looking for any case where someone has been prosecuted for derestricting their bike, nothing on google, I suspect oldtom and tillson know this already.
 
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that summary is written by FWG
I have spent the whole morning yesterday looking for any case where someone has been prosecuted for derestricting their bike, nothing on google, I suspect oldtom and tillson know this already.
I don't think anyone is suggesting there has been a case, or indeed will even be a case of anyone getting prosecuted for simply de-restricting their bike. The chance of you getting caught is very very slim.

Its not that you're going to get caught for it. Its the fact that as more and more people do it, and more and more of you seek more and more power and speed.. an accident will eventually occur involving one of these bikes and then the whole thing will become public and not just part of this "scene".

Its that "in the event of an accident" you will be found to be riding an illegal vehicle on the road and then the implications could / would be very serious.
 

trex

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May 15, 2011
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in the event of an accident, I am sure the question of whether the dongle has a part to play will be examined by experts. I believe there is no need to speculate like you did:

..
ie you'll get caught riding it and be prosecuted and the bike crushed as any other illegal vehicle would be.
....
...
The bike shouldn't be on the road. It it was sat in Germany where it belong, the crash would not have happened. So yes the bike is the cause..
or using words like 'criminality' to describe pedelecers who ride a derestricted bike like this post:

...
It is disingenuous of you to attempt, after encouraging so many readers of these pages to buy or build illegal machinery, to ameliorate your criminality by encompassing all those decent people riding 250w EAPCs, bought and sold in good faith as compliant.
...
In short, you and your like-minded friends know the law but choose to break it whereas all those decent, law-abiding cyclists riding standard 250w bikes are in compliance by dint of the cut-off....
99% of us ride sensibly at our age, that's the point you seem to ignore in this debate (Tom,Tillson, Col).
 
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oldtom

Esteemed Pedelecer
We are not talking about riding irresponsibly here, just the fact that some of us derestrict our otherwise legal bikes.
It seems you just don't get it Trex! Either that or you simply don't care.

As soon as one takes a de-restricted bike into the public arena, one is in breach of the law so how that bike is ridden becomes somewhat irrelevant. The irresponsibility is in using that unregistered, untaxed, non-compliant motor vehicle. Isn't that enough?

Tom