Go-Peds, the trendy motorised scooters that have achieved cult status were effectively driven off the roads yesterday after the high court ruled they had the same legal status as motor vehicles.
The decision means scooter aficionados will need a driving licence and third party insurance to use them on public highways. But as no insurance company is prepared to cover them for road use because of their inadequate braking system and lack of lights or proper steering, driving them on the public highway is liable to prosecution.
Lord Justice Pill and Mr Justice Bell ruled that a Middlesbrough restaurateur, Michael Saddington, who was arrested in a "Keystone Cops" chase through Harrogate should have been convicted of driving while disqualified.
The judges overruled magistrates who dismissed the charges against Mr Saddington, 38. They allowed an appeal by the chief constable of North Yorkshire against the magistrates' decision.
Lord Justice Pill said he was satisfied that a Go-Ped was a mechanically propelled vehicle and in the eyes of the law was intended for road use. Therefore a driving licence and third party insurance would be needed.
At an earlier hearing he said the public may need protection from the Go-Ped craze because of a loophole in the law which allowed their uncontrolled use. Mr Saddington will not however be punished for his "spur of the moment" act as the judges decided not to remit the case back to the magistrates for sentencing.
Lord Justice Pill added: "The test is not whether a reasonable person would use a Go-Ped on a road which in ordinary circumstances he probably would not because of the dangers involved.
"The test is whether a reasonable person would say that one of its uses would be on the roads. That person must consider whether some general use on the roads must be contemplated and not merely isolated use or use by a man losing his senses." The judge added that, in his opinion, people would be tempted to use Go-Peds on the road. They would ignore manufacturer's warnings not to do so, and the court's opinion that they are not roadworthy.
Mr Saddington's barrister, Richard Reed, said after the case: "The ruling effectively means that Go-Peds are now deemed road vehicles and require insurance if they are used on the roads. But the reality is that no insurance company will ever provide cover, so they can never be legally used on roads." Mr Saddington borrowed the scooter in what he described as a "toys for boys" prank. As he tried out a Go-Ped belonging to one of his restaurant staff, he heard police sirens behind him.
"It was a bit like the Keystone Cops actually. When I heard the sirens I thought 'I wonder where they are going?' expecting them to whoosh straight past. But it turned out they were chasing me," he said outside the high court earlier this month.
Mr Saddington said that after riding the 22.5cc machine, which is not fitted with a speedometer, mirrors or lights but is capable of speeds of up to 20mph, he was convinced they were unsafe for road use.
When he appeared before magistrates he pleaded guilty to failing to stop at traffic lights and failing to stop for the police. He was found guilty of failing to wear protective headgear but cleared of driving a motor vehicle while disqualified. Mr Saddington was fined £275 including costs.
