The defendant sat on a motor bike, propelling it on a pavement with his feet; although the engine was running the machine, according to the defendant, was not in gear.
Held: The justices were correct to have found that the defendant, even on his version of the facts, was riding within the meaning of section 72. The justices had been referred to the definition of ‘ride’ taken from the Concise Oxford Dictionary.
An alleyway was not a footpath by a roadway.
Henry J said: ‘The difficulty that faces him in making such a submission is that it clearly would be riding a bicycle and it would be a curious state of affairs if something that amounted to riding in the case of a bicycle was not riding in the case of a motor cycle simply because the motor cycle is power-assisted in a way that a bicycle is not. It seems to me that this was riding and the justices were quite right to find that as such.’
Taylor LJ said: ‘the justices’ view as to what amounted to riding was correct. In my judgment, riding is being carried out if a person is being carried on a motor cycle as it moves on its wheels, whether propelled by the engine, by his feet or by gravity.’
Henry J, Taylor LJ
[1994] RTR 157
England and Wales
Cited by:
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
Leading Case
Updated: 01 November 2021; Ref: scu.442518