E-bike rider cleared of causing London pedestrian's death by careless driving

The important bit is mechanically powered above the speed set speed allowed. As mentioned multiple times on here, speed limits are for Mechanically powered vehicles and although we have fancy gears mechanically, the power applied after from legal ebikes and normal bikes after 15mph is human/ natural (Gravity). 

I've tested a few ebikes at bike shows legally, never a chipped so can't fully answer. The power is there from first push on pedals and normally they have multiple levels. On testing the inital acceleration can surprise the unprepared but that can be adapted to. They are also normally built with a cut off when brakes are applied. The power cutoff is noticable depending on gearing selection and road conditions, ie if going up an incline in an assisted higher gear and hitting above 15mph will then mean you are suddenly having to push that gear by yourself. And as most ebikes weigh between 20 and 30 kgs, you will notice when the power stops.

With chipped bikes, if the motor is on the wheel, then pretty much the cyclist does have to do anything but hit a button on the handlebar. No pedalling required. If the motor is in the frame / front crank, then I believe "pedalling" would be required. 

On your first bit, I would hope yes as the actual speed limit is 20mph in that area and the moped is required to have a speedo as well where I expect the "cyclist" could argue he had no way to tell his speed. 

AlsoSomniloquism wrote:

On your first bit, I would hope yes as the actual speed limit is 20mph in that area and the moped is required to have a speedo as well where I expect the "cyclist" could argue he had no way to tell his speed. 

Ignorance of the law or your compliance with it is never a defence.

Aftermarket conversions can be absurdly easy to change, I have a Bafang mid-drive with the dpc-14 display on a recumbent and you can set the cutoff at any speed up to 99kmh by entering a PIN number in the display to unlock advanced settings. No “chip” required. And no, I haven’t set it above the legal 25kmh…

You can buy a power wheel for not too much money and a battery for a bit more and convert an existing bike into an e-bike. I must admit that I've toyed with the idea myself for my fairly long (for ordinary cycling) commute of 17 miles. Such adapted bikes are of course not restricted. As I've got a motorbike licence, I'd have to register the bike to make it truly legal.

And worth remembering in light of TfLs 20mph zone announcements, the issue is lack of enforcement primarily, though I thought there was a weird quirk in the law that said 20mph limits weren't enforceable anyway, but regardless if people know noone will ever stop them for speeding in a 20mph limit,the vast majority do so with impunity

The speed cameras in central London are being re-adjusted for the new 20mph limit within the congestion charge zone. I'll have to readjust myself to be honest as 20mph does seem very slow along a major road link. Anyway, you can't technically fine a cyclist for speeding, as bicycles don't have calibrated speedometers.

It's because they are not motorised vehicles.
You can be fined in some me royal parks though

Secret_squirrel wrote:

I for one hope road.cc gets a legal interpretation of this one.  I can't conceive how he didn't go down for something.   Did the CPS go s**t or bust for the jackpot and miss an easier charge?

https://www.cps.gov.uk/legal-guidance/road-traffic-charging

Not sure why he wasn't charged with Causing death by driving while unlicensed or uninsured. For that charge to stick "the accused's driving must have some link to the collision, even if this is less than what would be required in an inconsiderate driving/due care case." Seems like it would be easier to get a conviction for that though.

When a jury finds someone not guilty on all charges (if that's what happened) then the court has no sentencing options and the accused walks out the door.   

He's been found not guilty on the death by driving, on the licence/modified bike he may have claimed he was unaware the spec was illegal, which could be true.
I fairness I think it partly comes down to the fact that the video clearly showed that the pedestrian ran into him, and he had done what he could to avoid the collision. Had there been video of the Charlie Anniston case the outcome there might have been different too.

I think you are right about the CCTV footage. Once that was made public, the inital hysterical reporting from the likes of the Daily Mail suddenly stopped.

This case says a lot about the acceptance of speeding in a 20mph zone.

I think even a modern vehicle equipped with collision avoidance would have struggled to avoid contact with the pedestrian with the speed in which she ran out into the road. But if the vehicle had been doing 20mph it might have been a different outcome.

The judge made a point that e-bikes can't go any faster than 15.5mph, but that's just the point at which the motor cuts out, a strong rider could hit 30mph on that long straight road.

Also, that bike could have been licensed as a moped and been perfectly legal on the road.

I'm surprised that he didn't get done for leaving the scene of an accident though.

The judge made a point that e-bikes can't go any faster than 15.5mph, but that's just the point at which the motor cuts out, a strong rider could hit 30mph on that long straight road.

Not on a heavy mountain bike further loaded with a big electric motor.

Also, that bike could have been licensed as a moped and been perfectly legal on the road.

Yes, but it wasn't, so how did he get away with it?

[/quote]

As a motorist?

People don't get done for dangerous driving if they're caught driving without a MOT, licence or insurance. Perhaps they should, but that's not the law as it stands.

Point is, the legality of the vehicle or rider was not a contributary factor in this collision. The speed possibly was, but doing 30mph in a 20 zone is not seen as dangerous (again, possibly ought to be).

I didn't realise there was no obligation for a cyclist to stay at the scene of an accident (again, ought to be). But as this was not classed as a bicycle, he really ought to be done for that at least. It depends how far you can push the ignorance as a defence angle.

I’ve hit 57.7kmh (36mph) on a slight downgrade (maybe 2%) on my Tern GSD cargo bike, and that was spinning madly because I had used up the gears and wishing for another. That’s a 35kg pedelec with 20” wheels. Going by that I’d say it’s likely rare but not implausible for a strong rider on a lighter 29er or hybrid e-bike. I don’t consider myself a strong rider (Too many years and too many beers under the belt).

Are you legally obliged to stay at the scene of an accident as someone on a bicycle (not a moped)?

No, the RTA says only the driver of a "mechanically propelled vehicle" has to stop. Which is a bit daft. About time this country had a "Good Samaritan" law like France where it is an offence not to offer assistance to a fellow citizen who needs it.