Segue Trial Bike into Segway. South London Magistrates Court.

We recently successfully defended one of our clients who had been charged with driving whilst disqualified and also driving without insurance.This related to a scrambler/trial bike and what is construed as a road. These types of cases are tried in the Magistrates Court and this was a private instruction to M23LAW.

We took legal points in relation to both charges. In relation to the driving whilst disqualified matter, we successfully argued that as our client had driven on a park / field rather than a road, no offence had been committed. After research, we cited relevant authorities or previously decided cases in support of our contention.

In relation to the no insurance matter, we argued that as the Honda C80 scrambler/trial bike had been manufactured for off road use only, it fell outside the prevailing legislation. It was agreed that in order to commit an offence of driving without insurance, the motor vehicle had to be intended / adapted for use on roads.

A very happy client walked away from court, having had both charges withdrawn. 

Contrast this with the following recent case:

Segways banished to ‘private land’ after landmark case at Barnsley Magistrates Court

Earlier this week, Segway user Phillip Coates received a £340.00 financial order for ‘wilfully riding a motor vehicle, namely a Segway, on a footpath by the side of a road, made or set apart for the use / accommodation of foot passengers’.

District Judge Michael Rosenberg ruled in January 2011 that Segways fell under the definition of ‘motor vehicle.' As a result, their use on footpaths has been effectively outlawed.

We would like to take a similar case to the higher courts, to have this use clarified.

However,it looks like those of you who were considering a Segway as an alternative mode of transport will, for the time being, have to reconsider! Back to the good old pushbike?

Helpful Definition:
The Segway PT is a two-wheeled, self-balancing electric vehicle invented by Dean Kamen. It is produced by Segway Inc. of New Hampshire, USA. The name "Segway" (/ˈsɛɡwej/) is a homophone of "segue" (/ˈsɛɡweɪ/) (a smooth transition, literally Italian for "follows") while "PT" denotes personal transporter.

Computers and motors in the base of the device keep the Segway PT upright when powered on with balancing enabled. Users lean forward to go forward, lean back to go backward, and turn by using a "Lean Steer" handlebar, leaning it left or right. Segway PTs are driven by electric motors at up to 12.5 miles per hour (20.1 km/h). gyroscopic sensors are used to detect tilting of the device which indicates a departure from perfect balance. Motors driving the wheels are commanded as needed to bring the PT back into balance.

(source: Wikipedia)

If you have a problem with the authorities in regard to any such allegations as mentioned above, please contact me. Geoff Wise, Solicitor.