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Is a motorised scooter a road vehicle?

In Director of Public Prosecutions v Saddington QBD Times 1-Nov-2000, a motorised scooter of the type known as a 'Go-Ped' was found to be a motor vehicle within the Road Traffic Act. Accordingly a driving licence and third party insurance were both required for it to be use on a public highway. The scooter required the passenger to stand on a small platform, and was powered by a 22.5cc engine. It had a top speed of only 20mph, but the braking and steering systems were still quite inadequate, and the scooter had none of the other services such as lights and controls normally required to control a motor vehicle. The test was whether a reasonable person would see the rider as a road user. If he would, then what he was driving or riding, whatever it was, was a motor vehicle. It was expected to be used on roads, and it therefore was intended to be so used despite any disclaimers from the manufacturers. In reality, the only suitable areas normally available for riding such a vehicle would be the roads.

Road Traffic Act 1988 185(1)

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09 June 2010 http://www.swarb.co.uk/lawb/crmScooters.shtml 364 9 June 2010