Pavement Rider Fined £325 (including costs)

spen666

Segway motor scooter rider loses legal challenge
Philip Coates bought his Segway after trying one during a holiday in Florida A man has become the first person in the UK to be successfully prosecuted for riding a Segway scooter on a pavement.

Philip Coates, 51, used his Segway motor scooter to travel from his home in Cudworth to Barnsley.

His lawyer had challenged the prosecution's definition of the Segway as a motor vehicle after he was charged under the Highways Act 1865.

But a judge fined Mr Coates £75 and ordered him to pay £250 in costs.

At Barnsley Magistrates' Court on Tuesday District Judge Michael Rosenberg ruled that the Segway was a motor vehicle under the meaning of the law and, therefore, it was an offence to ride one on the pavement.

Mr Coates, of Park Avenue, Cudworth, bought his £5,000 Segway, which has a top speed of 12.5mph, after trying one out during a holiday in Florida.

He was charged after he was seen by a civilian police inquiry officer riding on a pavement in Pontefract Road, Barnsley, in February.

Legal definition

The prosecution had alleged he "wilfully rode a motor vehicle, namely a Segway, upon a footpath or causeway by the side of the road, made or set apart for the use or accommodation of foot passengers".

The judge said the case hinged on the legal definition of a motor vehicle and whether it was "intended or adapted for use on roads".

"Although this is by no means an easy matter to determine, I am inexorably driven to the conclusion that I am satisfied to the required standard that the Segway is a motor vehicle and the allegation is therefore proved."

Mr Coates, an unemployed factory worker, was also ordered to pay a £15 victim surcharge.

The Home Office levy is paid into a fund aimed at helping improve services for victims of crime.

'Test case'

The prosecution of Mr Coates has been seen as a test case by users of the two-wheeled transporters.

It has attracted nationwide interest from campaigners for wider Segway use.

Campaigners say they are effectively barred from using the machines on pavements if they are classed as motor vehicles, but cannot drive them on roads because they do not pass all the requirements of a motor vehicle.

Segways are legal for use on pavements in more than 30 American states and in Portugal, Sweden, the Czech Republic and in German cities.

The evidence in the case was heard at a trial in Barnsley earlier this year, with the judge reserving his decision until today.

After the 20-minute hearing Mr Coates said he did not want to comment.

His solicitor, Victoria Molloy, said they were considering whether to take the case to an appeal.

http://www.bbc.co.uk/news/uk-england-south-yorkshire-12215326

dodgy

"bought his £5,000 Segway, which has a top speed of 12.5mph"

:roll:

morstar

Tricky precedent for the court.
In my world of common sense, what bothers me is was he causing a nuisance? If so, nail him for some other minor offence rather than establishing a legal precedent like this. I am sure it would have been perfectly possible to ride a segway on the pavement with no detriment to others. Now it's illegal.

deptfordmarmoset

So, an unemployed south Yorkshire factory worker on holiday in Florida spends £5000 on a lawnmower without a blade, have I grasped this one right? I wish I didn't have the same job as he doesn't.

Stewie Griffin

dodgy wrote:

"bought his £5,000 Segway, which has a top speed of 12.5mph"

:roll:

They go faster than 12.5mph, or the Police ones in Schiphol Airport do. "Check out the Police dude, he is going well fast man". :P

spen666

morstar wrote:

Tricky precedent for the court.
In my world of common sense, what bothers me is was he causing a nuisance? If so, nail him for some other minor offence rather than establishing a legal precedent like this. I am sure it would have been perfectly possible to ride a segway on the pavement with no detriment to others. Now it's illegal.

Nuisance is not an issue

The offence is riding/ driving the thing on the pavement. There is no need to show any form of nuisance

morstar

spen666 wrote:

morstar wrote:

Tricky precedent for the court.
In my world of common sense, what bothers me is was he causing a nuisance? If so, nail him for some other minor offence rather than establishing a legal precedent like this. I am sure it would have been perfectly possible to ride a segway on the pavement with no detriment to others. Now it's illegal.

Nuisance is not an issue

The offence is riding/ driving the thing on the pavement. There is no need to show any form of nuisance

Does that not worry you, that something is just banned by definition? If it doesn't cause a nuisance, why ban it?

nwallace

I read it as the only precedence involved is that a Segway is a vehicle (which is fairly bloody obviously the case)

EKIMIKE

Oooooo, disagreement on the ratio eh? How exciting.ZZZZZZZzzzzzzzzzz

The fact he got slapped with the costs is tough crap. You enter into litigation with the full knowledge that you may lose.

It's interesting though that Segway use on pavements is legal in 30 American states and several European countries. It would be even more interesting to know why it's not legal in the other 20 states or indeed other countries. Has it simply not become an issue for the law yet or are there laws against their use on pavements?

Now all we need is that Daily Mail to say this is a breach of our human rights. Ha.

geebee2

Hmm.. I guess there must be a special exemption for powered wheel-chairs then?

Segway's do seem pretty harmless, so I think it ought to be legal to use them on pavements ( with care ).

Although there was some rich guy who was killed when using one off road.

snailracer

I'd like to see cars parked on the pavement fined that much.

spen666

snailracer wrote:

I'd like to see cars parked on the pavement fined that much.

I think it would be better to fine the drivers or owners. Cars do not have much income to spend :oops:

markmod

So Segways have to be used on the road then...mmmm.... that's safe (not) :shock:

blackpoolkev

I recently saw a clip of a Segway and it looked quick.I prefer my pavements Segway free.

deptfordmarmoset

Although there was some rich guy who was killed when using one off road.

Yes, it was the man who bought the Segway company and then rode one off a cliff.

http://www.bbc.co.uk/news/uk-england-leeds-11465512

Eyon

geebee2 wrote:

Although there was some rich guy who was killed when using one off road.

That would be the inventor falling off the cliff on his own one...

Chip \'oyler

He's from Cuderth. What'd you expect!

Le Commentateur

deptfordmarmoset wrote:

So, an unemployed south Yorkshire factory worker on holiday in Florida spends £5000 on a lawnmower without a blade, have I grasped this one right? I wish I didn't have the same job as he doesn't.

Perhaps he'll be up for benefits fraud next.

StillGoing

morstar wrote:

Tricky precedent for the court.
In my world of common sense, what bothers me is was he causing a nuisance? If so, nail him for some other minor offence rather than establishing a legal precedent like this. I am sure it would have been perfectly possible to ride a segway on the pavement with no detriment to others. Now it's illegal.

It isn't establishing a legal precedent. It's much the same as go-peds when they came out and therefore is a mechanical propelled vehicle. By the definition it cannot be ridden on the pavement and prevents anyone who is disqualified from driving such as your habitual drink driver from using one. That throws up other complications too such as kids too young to ride a MPV on the road. If it is an MPV there are also going to be issues with insurance. Mechanically propelled means just that; propelled by an engine. An electric wheelchair is not an MPV. Not sure if the classification for the segway actually went as far as being called a motor vehicle in which case he would also need a licence to drive/ride it. A motor vehicle is an MPV made, adapted or intended for use on the road or public highway.

Lets be honest here, there are cyclists who are a bloody nuisance showing little or no respect to pedestrians by riding on the pavements, kids with scooters, OAPs, disabled and fat lazy plebs with mobility scooters and now plonkers with segways. Pedestrians would be safer walking in the road.

beverick

As an aside, the4 inventor of the Segway was killed last year when he rode one over a cliff near his house.

I dare say he'd been offered an £80 FPN but declined the offer hence the the size of the fine.

Bob

fleshtuxedo

Le Commentateur wrote:

deptfordmarmoset wrote:

So, an unemployed south Yorkshire factory worker on holiday in Florida spends £5000 on a lawnmower without a blade, have I grasped this one right? I wish I didn't have the same job as he doesn't.

Perhaps he'll be up for benefits fraud next.

Who says he's even claiming any benefits?

Maybe he was spending some of the money he saved when he was working.

Is this the Daily mail?

tarquin_foxglove

philthy3 wrote:

... Mechanically propelled means just that; propelled by an engine. An electric wheelchair is not an MPV. .

IIRC mobility scooters are allowed on the pavement if they are speed limited to walking pace (3-4mph?), perhaps with the Segway having a top speed of 12.5mph it is potentially too quick to be on the pavement.

A while ago I noticed a similar thing in Holland, cycle paths were full of kids on mopeds flying around shouting angrily at tourists (me) who had strayed from the pavement onto the cycle path, while old dears doing about a tenth of the speed of the moped on their mobility scooters had to keep to the roads.

PedalPedant

beverick wrote:

As an aside, the4 inventor of the Segway was killed last year when he rode one over a cliff near his house.

That was actually Jimi Heselden who had recently aquired the Segway company. http://www.bbc.co.uk/news/uk-england-leeds-11416654

The inventor, Dean Kamen, is alive and well :-) http://en.wikipedia.org/wiki/Dean_Kamen

PP

cougie

Isnt it possible that he bought the segway whilst still in work ?

I dont think its right that theyre used on the pavement - 12mph is pretty fast compared to pedestrians and the disabled vehicles.

That said - I'd like to have a go on them - I've seen woodland treks using them in country parks - that'd be a laugh.

snailracer

markmod wrote:

So Segways have to be used on the road then...mmmm.... that's safe (not) :shock:

AFAIK, it's not legal to use on roads, either.

bails87

snailracer wrote:

markmod wrote:

So Segways have to be used on the road then...mmmm.... that's safe (not) :shock:

AFAIK, it's not legal to use on roads, either.

Good. Segways go much slower than cars, they skip red lights, bump up and down pavements, don't pay road tax, or have insurance. And they insist on travelling two abreast, blocking traffic, they should only be allowed in dedicated segway lanes......... :twisted:

dilemna

Lembit Opik is a fan of Segways. Enough said .

I suspected he was a fool now he has opened his mouth and confirmed it.