Cyclist on motorised bike banned for three years for drink cycling

ED E wrote: »

Its not though, claiming it was a pedal assist was BS, its a "home made motorbike" for lack of a better term. 48cc wont win any races but it can totally move with a light frame.

Beasty wrote: »

If it's a "legal" electric bike no insurance is required. The judge appears to have misinformed himself there.

detones wrote: »

http://www.thejournal.ie/auto-draft-1495806037-3410549-May2017/

I know this lad was flutered drunk but hopefully there will be more clamping down on those petrol yokes. Interesting Judge said he needed insurance too for electric bike. Not sure about that.

Moflojo wrote: »

I'm being pedantic here, but why is it being reported that a cyclist was banned when clearly it was a motorcyclist?

Now I'm being paranoid, but why is this being reported at all, if not simply to fulfil an anti-cycling agenda amongst some members of the media? Would "motorcyclist banned for drink-driving offence" make headline news?

Moflojo wrote: »

I'm being pedantic here, but why is it being reported that a cyclist was banned when clearly it was a motorcyclist?

Now I'm being paranoid, but why is this being reported at all, if not simply to fulfil an anti-cycling agenda amongst some members of the media? Would "motorcyclist banned for drink-driving offence" make headline news?

Ardennes1944 wrote: »

These bikes are all over the place here in Switzerland, they're called mofas and are treated the same as 50cc mopeds.
They can use cyclist lanes but are limited to 30kph. A quick pedal to get them going.

GARDAI WARN BIKES WITH PETROL ENGINES ATTACHED ARE LOW-POWERED MOTORCYCLES
MAY 27, 2017

Bicycles with engines attached and those with electrically assisted motors which do not cut out at 25km/h are classed as low-powered motorcycles and need to follow reverent legal requirements, Gardai have said.

The legal requirements include that the rider must be over the age of 16, and have valid driving licence, third party insurance, a helmet, a motor tax certificate and a licence plate.

The Garda press office issued the force?s view to IrishCycle.com earlier this year and we are publishing it now after a court case last week at Naas District Court in which a man was using a ?bicycle? with a 48cc petrol engine attached to it and was convicted drink driving.

Cycling is concerned a types of ?driving? in legal terms, but while drink driving can also apply to people in charge of a bicycle, it is understood the man was simply convicted of drink driving.

Because of the 48cc petrol engine on the bike, it was classed as a ?mechanically propelled vehicle?, the legal definition for most vehicles with a motor. The man?s solicitor said that his client did not think it was mechanically propelled vehicle but that he now accepts that it is.

Some media outlets have reported that the judge in case said it was his view that electric bicycles are also covered as mechanically propelled vehicles, but the Leinster Leader reported this as more of an issue of a debate between Judge Desmond Zaidan, the garda inspector and the defence solicitor. The judge said that the State should be asked to come forward with greater clarity on the matter.

Earlier this year, Sergeant Alan Frawley of the Garda press office, said the key issue was if bicycles continued to move without pedalling.

Most electric bicycles on sale in Ireland are classed as ?electrically assisted bicycle? because they need the user to keep pedalling for the bike to keep moving ? the electric motor only acts as a boost to pedalling and the bicycle will slow down and stop after pedalling stops.

Sergeant Frawley said: ?The key to whether or not a vehicle is an mechanically propelled vehicle for the purposes of the Road Traffic Act 1961 lies with its means of propulsion. Each vehicle has to be looked at on its own merits. Thus if a vehicle is or can be propelled other than manually, it is an mechanically propelled vehicle for the purposes of the 1961 Act. E.g. a motor bike is propelled by a petrol engine not by pedalling; or a motorised scooter as it can be totally propelled by its engine.?

?If a vehicle has a source of power which only aids a vehicle?s manual propulsion and cannot propel the vehicle on its own, then the vehicle is not an mpv for the purposes of the 1961 Act. Into this category would fall an electrically assisted bicycle. This is because the vehicle stops when the pedalling stops,? said Sergeant Frawley.

He added: ?In relation to the electric units, electrically assisted pedal cycles are commonly referred to as ?pedelecs? to describe bicycles with electric motors or batteries too small to drive them without pedalling. Their speed is limited to 25km per hour and the motor cuts out if pedalling ceases. In contrast, mopeds can move without assistance of pedals. For guidance, if an electric bike can be operated without pedalling, it is a moped, ie a low-powered motorcycle and is subject to motor tax.?

In 2002, The Irish Times reported that the Department of Environment ?declared that electrically-assisted bicycles were not liable for motor tax following a review of the status of the machines within the terms of Ireland?s road traffic laws.?

A department spokesman is quoted as stating: ?This is because the electric power of a ?pedelec? only assists the pedalling effort and is not a source of propulsion in its own right. On this basis, pedelecs are not subject to the legal requirements relating to compulsory insurance and road tax.?

It is unclear to IrishCycle.com where or if the top speed of an electric bicycle is outlined in the Road Traffic Acts. It is defined in the Finance Act 2008, which states: ??pedelec? means a bicycle or tricycle which is equipped with an auxiliary electric motor having a maximum continuous rated power of 0.25 kilowatts, of which output is progressively reduced and finally cut off as the vehicle reaches a speed of 25 kilometres per hour, or sooner if the cyclist stops pedalling.?

Ray Palmer wrote: »

Beasty wrote: »

If it's a "legal" electric bike no insurance is required. The judge appears to have misinformed himself there.

It appears the Journal didn't report this as it happened. The judge appears to be saying he doesn't know the law and needs clarity.

http://www.leinsterleader.ie/news/home/251607/kilcullen-man-on-motorised-bicycle-was-drink-driving.html


The thing is there is EU legislation which we are part of that clearly states the rules. Can't propel over 25k and must be pedal assist in the basic form.

There needs to be more awareness among the Gardai. It is a matter of time before there is an accident with a non-compliant bike and somebody will get a nasty surprise as they will be done for driving without insurance or a licence.

I have a pedelec myself and know the models available and there are ons of illegal ones being used and modified ones too. There is a guy on my route that has he same model bike as me and he flies by me barely pedalling. He has the mod leads added to the bike so it gives more speed. He is effectively able to go 50kph and I think he is doing that at least part of the journey.

When I was looking one shop in Dublin was selling bikes that are illegal to use without insurance and licence. Was asking the guy in the shop how was he able to sell them. He told me it was a "grey area" and the cops would have to know the type of bike so you would never get caught. So his grey area was basically you won't get caught so it is fine. A few days later I saw a guy ridding one of the bikes and told him the actual law on their use and he was horrified that he had not been told when buying it. Saw him a few days later with a different bike as he brought the other one back. Still see some of them about and they aren't cheap €3-4k