To be a mechanically propelled vehicle requires it to be subject to type approval to be on the roads, and this is where I think that barrister may not have taken into account all law on the subject.So to break this down, in a nutshell... are road-legal e-bikes bicycles, or mechanically propelled vehicles in law? Perhaps it's not so simple, and they can fall into both categories, depending on the courts assessment and the offences/laws being applied?
The far newer type approval legislation, i.e. EU regulation 2002/EU/24 which was passed into UK law on 10th November 2003, positively exempts e-bikes conforming to the pedelec law from type approval. Therefore, as the DfT's Vehicle Inspectorate would confirm, they are not classed as motor vehicles, and by deduction, are not intended by parliament to be regarded as mechanically propelled. More accurately, they are mechanically assisted in pedelec law and not capable of independent propulsion.
To accept different implies that parliament has passed two laws in direct opposition.
In fact BEBA is currently engaged at a very high level in getting this whole area cleared up, pending the new regulations that are planned. As David Miall has confirmed in another post, I have been extensively involved in that process. I'm sure we will soon have clarity and David will be posting on the matter for members as soon as a resolution is reached.
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