11 February 2016

DC (Lloyd Jones LJ, Holroyde J)

A Crown Court had erred in finding that a mechanically propelled invalid carriage was a motor vehicle for the purposes of the Road Traffic Act 1988 s.5. A man who had driven a mobility scooter on a dual carriageway while drunk had, however, been properly convicted under s.5 where he had been using the scooter in a manner which did not comply with the Use of Invalid Carriages on Highways Regulations 1988 reg.4. The scooter was not therefore excluded from being defined as a motor vehicle as provided for by the Chronically Sick and Disabled Persons Act 1970 s.20.

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