championc wrote: » Can we please stop this sh1te and stay on topic.
goz83 wrote: » I understand they are in a bit of a legal grey area, but you need to push this scooter to get going, so technically it doesn’t operate on mechanical power alone which is what the rsa site mentions as the definition of an mpv.
liamog wrote: » A crime is defined as an act which can be punished by the State, a motoring offence is still a crime, it's dealt with by the district court, simply because they are defined as a summary offence. It's illegal because it's contrary to Section VI of the Road Traffic Act. Which states Subsection 3 then goes on to outline the punishment.
[Deleted User] wrote: » No, an illegal scooter, electric bike or even not having NCT or Tax it's not a crime, it's an offence , there is a difference, this is why these offences ( not crimes ) are dealt with in the district court. First off, if caught with a so called illegal scooter and they summons you , don't answer the door and don't collect registered mail , they have to get you within 3 months or the judge won't entertain the Guards. You're not going to be jailed unless it's a series offence, an by that I mean causing harm or loss. All the district Court Judge wants is to get revenue from you to the state, he's not interested in sending people to jail or handing out harsh fines because he doesn't want his ruling overturned in a higher court which happens more than you might think , it makes them look bad because the higher court expects the lower court to just get it out of the way and get the money. The district/circuit court is absolutely massive source of revenue to the State. So, the most people should expect if caught with a so called illegal scooter is a slap on the wrist and a fine but you are not a criminal lol. You will also probably have your scooter taken, and if you ever have a car or scooter taken do not sign anything, you are not obliged to sign anything the Guards give you for impounding anything, doing so gives them authority for them to charge you impound fees, if you don't sign anything they can't charge you anything. Unless your vehicle is worth a lot more money then they have you. Just because a Guard tells you to do something doesn't mean you are in any way obliged to do so, but you need to know when they can. Again, a traffic offence is that, an offence not a crime, you can be arrested and convicted of a crime if that includes but in no way limited to causing harm, injury or loss. You can't be arrested for having an illegal bike or scooter and sending you to Jail will cost the state a lot more money then they would get from you in fines so obviously their intention is to get you to pay money. In actual fact , if you went to court regularly all they can do is fine you and you'd still be making massive savings compared to owning a car, no tax, insurance, depreciation, fuel and maintenance.
Deleted User wrote: » So, the most people should expect if caught with a so called illegal scooter is a slap on the wrist and a fine but you are not a criminal lol.
Failure to have motor insurance or driving without insurance in Ireland is generally punishable by: A fine of up to €5,000 5 penalty points and At the discretion of the court, a term of imprisonment not exceeding six months. The court may decide that you be disqualified from driving instead of incurring penalty points. In that case, you will be disqualified for 2 years or more for a first offence and 4 years or more in the case of a second offence committed within 3 years of the first.
rubadub wrote: » are there any other potential issues? Like if you have a driving licence could you be banned from driving, or face huge insurance increases due to penalty points or something else. I would guess it should have the same potential as riding a non road worthy motorbike, with no helmet, licence, insurance, tax, inadequate lights etc.https://www.citizensinformation.ie/en/travel_and_recreation/motoring_1/motor_tax_and_insurance/motor_insurance.html if there was some loophole like "aha! it cannot be taxed or insured" then I guess people would just modify their uninsured, untaxed cars to be uninsurable for some reason.
grogi wrote: » There are multiple cases in this country of people being banned from driving. Tens of times... Just keep driving...
BarryM wrote: » I got a 'slap' for suggesting that the 'feck it' mentality regarding using a potentially illegal device on the public road was not helpful. Many of the recent posts are of the same nature, and suggest creating a thread to continue in that vein. In boards there are plenty of threats from monitors to the effect that proposing illegal actions will be sanctioned. Why not here?Using a 'dodge' to avoid a summons is just as illegal, imo. Why don't we lobby for a proper set of legislation? In France, as was mentioned, they sorted the anarchy of two on a scooter, riding on the pavement, etc., over a weekend. They also sorted the definitions. What is our problem? do we prefer feck it?
Johnboy1951 wrote: » I suspect not in the present circumstances ...... because electric scooters are not legislated for.
tuxy wrote: » Is there not legislation to a point? Are they at least recognised as mechanically propelled vehicles?
Johnboy1951 wrote: » Have the courts recognised them as such and if so under what heading of the legislation?
tuxy wrote: » It has not been attempted yet as far as I know. I was just asking if people think they meet the requirements of a mechanically propelled vehicle which does have a definition under law.
Johnboy1951 wrote: » Yes there are lots of opinions on that, but until someone wishes to test it in court there is no definitive 'opinion' as far as I am aware.
unkel wrote: » Of course they are mechanically propelled vehicles. Why do you think a Garda has the authority to take it off you?
Deleted User wrote: » Will People choose not to have the huge benefits of these scooters at risk of a 200 Euro fine ? I think not. The greatest issue the Government might face is loss of revenue if people change from Cars to Scooters and Ebikes. But on the other hand they range in huge sums through fines. lol Just make them legal, pay small tax problem solved.
liamog wrote: » For the purpose of using an electric scooter in a public place, you have committed a summary offence which will be dealt with by a district court. Namely the use of a mechanically propelled vehicle without insurance, registration, motor tax, or a valid test certificate.
Johnboy1951 wrote: » If they ever drive on the road (except for cycle lanes) they should require insurance. TBH, it is long past time that insurance was mandatory for use of cycle lanes also, even if that was minimal insurance.
liamog wrote: » You might want to visit the legal forum for clarification on offence vs crime. Your distinction is meaningless. The crime is either a summary offence or an indictable offence, a summary offence is dealt with by a judge on their own after a summons, usually to a lower court. An indictable offence can be tried by a judge and jury. higher court. Motoring offences are a subset of summary offences but are still dealt with in the same way.For the purpose of using an electric scooter in a public place, you have committed a summary offence which will be dealt with by a district court. Namely the use of a mechanically propelled vehicle without insurance, registration, motor tax, or a valid test certificate.
liamog wrote: » . Namely the use of a mechanically propelled vehicle without insurance, registration, motor tax, or a valid test certificate.
Deleted User wrote: » Absolutely agree. I've been saying it all along, In fact Cyclists are leaving themselves open by not having insurance.
tuxy wrote: » How would insurance be obtained when no company will offer it? Cycling Ireland has tried to obtain full cover as part of membership but you can't force insurance companies to offer this.
Johnboy1951 wrote: » The government has the power ..... even the obligation .... to step in and do it if 'the market' fails to provide it.