The defendant was accused of offences related to the driving on a public road a mechanically propelled vehicle, a Go-Kart.
Held: In fact it was not a motor vehicle within the statutory definition. The Court set out the test to be applied in deciding whether a particular vehicle was intended for use on roads for the purposes of the statutory definition.
Lord Parker CJ said: ‘Thus, in the ordinary case, it seems to me that there will be little difficulty in saying whether a particular vehicle is a motor vehicle or not. But to define exactly the meaning of the words ‘intended or adapted’ is by no means easy. For my part, I think that the expression ‘intended’, to take that word first, does not mean ‘intended by the user of the vehicle either at the moment of the alleged offence or for the future’. I do not think that it means the intention of the manufacturer or the wholesaler or the retailer; and it may be, as Salmon J said in Daley v Hargreaves, that it is not referring to the intention as such of any particular purpose.’
Salmon J. suggested that the word ‘intended’ might be paraphrased as ‘suitable or apt’. It may be merely a difference of wording, but I prefer to make the test whether a reasonable person looking at the vehicle would say that one of its users would be a road user.
In deciding that question, the reasonable man would not, as I conceive, have to envisage what some man losing his senses would do with a vehicle; nor an isolated user or a user in an emergency. The real question is: Is some general use on the roads contemplated as one of the users? Approaching the matter in that way, at the end of the case the justices would have to ask themselves: has it been proved beyond a reasonable doubt that any reasonable person looking at the Go-Kart would say that one of its uses would be a use on the road?’ and ‘I prefer to make the test whether a reasonable person looking at the vehicle would say that one of its users [uses] would be a road user. In deciding that question, the reasonable man would not, as I conceive, have to envisage what some man losing his senses would do with a vehicle; nor an isolated user or a user in an emergency. The real question is: Is some general use on the roads contemplated as one of the users?’
Lord Parker CJ, Ashworth, Winn JJ
[1963] 2 All ER 297, [1963] 2 QB 433
England and Wales
Citing:
Cited – Daley v Hargreaves 1961
The court considered what it was for a vehicle to be intended or adapted for use as a motor vehicle.
Held: The phrase did not refer to the intention as such of any particular purpose. Salmon J suggested that the word ‘intended’ might be . .
Cited by:
Applied – Chief Constable of Avon and Somerset Constabulary v Fleming QBD 1987
The defendant was stopped pushing a motor-cycle along the road. It had been adapted for scrambling, and the registration plates lights and speedometer had been removed. He argued that it was no longer a motor vehicle ‘adapted or intended for use on . .
Cited – Director of Public Prosecutions v Saddington; Chief Constable of the North Yorkshire Police v Michael Saddington Admn 1-Nov-2000
A motorised scooter of the type known as a ‘Go-Ped’ was a motor vehicle within the Act. Accordingly a driving licence and third party insurance were both required for its use on a public highway. The scooter required the passenger to stand on a . .
Cited – Director of Public Prosecutions v King Admn 13-Feb-2008
The defendant was charged after driving a ‘City Mantis Electric Scooter’. He was disqualified from driving. The prosecutor appealed against dismissal of the charges on the basis that the scooter was not of such a description as to require a licence . .
Cited – Coates, Regina v Misc 18-Jan-2011
(Barnsley Magistrates Court) The defendant owned a Segway, a two wheeled vehicle. He was charged with having driven it on a public footpath despite its being a motor vehicle. He denied that it was a motor vehicle ‘adapted or intended for use on the . .
Cited – Coates v Crown Prosecution Service Admn 29-Jul-2011
The defendant appealed by case stated against his conviction for driving a Segway scooter on a footpath. He denied that it was ‘a mechanically propelled vehicle intended or adapted for use on roads.’
Held: The appeal failed. The district judge . .
Lists of cited by and citing cases may be incomplete.
Road Traffic
Updated: 19 January 2022; Ref: scu.431823
