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Can you be drunk in charge of a mobility scooter..?


John K

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A question to the collective.

I'm starting to consider a mobility  buggy/scooter. Will try to get something rugged or off-road looking as I am still young at heart.

The main use will be trundling into the village for a few pints as the walk is a bit long.

But...

If you can be done for "drunk in charge of a mobility scooter" it won't work.

I would only ride it on the pavement, does this make a difference?

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Yes you very much can be done for that, or DIC of a bicycle, scooter, skateboard, they’ve all been done before.  On the pavement makes no difference.

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Whoa, not so fast there....

In law, a mobility scooter is an invalid carriage – and this excludes it from traditional drink driving rules.

A related law states that an invalid carriage which meets the prescribed weight and speed limitation requirements, is not considered as a motor-vehicle under the RTA 1988, and that therefore s.1-4 does not apply.

This means that the offence of drink-driving cannot apply, and that it is inappropriate for somebody on a mobility scooter to be stopped and breathalysed.

 

https://www.independentliving.co.uk/mobility-scooters-not-vehicles/

 

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Well if you don't need a licence surely all they can do is fine ther person!?!?!.

3 -4 years ago at the nec restoration show I was chatting to some one and the whole trilight stand moved.   Some one on a mobility scooter had crashed into a Porsche 356 replica on the behind restoration stand and pushed it into the back of our stand.   Among the confusion the rider made a speedy escape.   A few minutes later he was caught and denigned it all.   There was no evidence and the hire company wanted nothing to do with it.    The Porsche replica was quite damaged and was on lone to the restoration company... 

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1 hour ago, Phil J said:

 

Yes but it is a carriage so breathalyser is only used to provide evidence of intoxication

http://www.dailymail.co.uk/news/article-1205967/Drunk-charge-carriage-Pensioner-convicted-Victorian-law-drink-driving-disability-scooter.html

 

Oh the Daily Mail, that well know legal establishment.  The article is almost 10 years out of date, the person in question was stopped on an A road.

Even then the draconian Victorian carriage laws only meant a fine.

I doubt there's been any recent cases of rozzers jumping out of hedges and breathalising disability scooter riders as they trundle by.

So, I stand by my statement. Normal drink-driving rules simply dont apply. YOU CANT BE BREATHALISED AND BANNED.  I guess if you really really go out of your way to create chaos then you may get fined.

 

Happy drinking John....

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The police and courts are still coming at this from different angles though, and the Police usually have a policy of “it’s for the courts to decide” when it comes to the right charges etc. People seem to have been fined as recently as this year.

The big concern would be getting hit with a fine that while directly might not be to high, (£200 seems to be the maximum in most cases), (prison is also technically an alternative, but seemingly never used), but having a motoring related conviction that was decarable to your insurance company; it might not be the courts that end up giving out the harshest punishment!

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I had a discussion with the local police a while ago as I was organising a pub crawl on push bikes.

Basic thing I was informed of was that being drunk in public is an offence, so it doesn't matter if you have a bicycle, mobility scooter or are just walking down the road.

But they are only likely to do anything if you are causing a disturbance or are a danger.

Living on the Isle of wight, we have a fair share of 'more mature' locals, several of whom use their mobility scooter to go to the pub, leave it outside, then ride it home.

Lee

 

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At the risk of causing thread drift (and I apologise to the O/P in advance, but he might be interested in the reply) does anyone offer modified high performance mobility scooters? I don't want one now, but the way I'm going it wont be far off.

  • Haha 1
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A friend worked for Quingo. Those scooters can be tweaked to to 35mph. Out of the box they seemed plenty quick enough when I had a play 

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58 minutes ago, stephenh said:

At the risk of causing thread drift (and I apologise to the O/P in advance, but he might be interested in the reply) does anyone offer modified high performance mobility scooters? I don't want one now, but the way I'm going it wont be far off.

No worries - Totally in line with my mindset. I will be looking for something with a but of wow factor. Either looks or performance wise. Or preferably both..!

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You'll be able to spot a WSCC mobility scooter by the amount of carbon upgrades! :)

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I can see it now...

AC8629A8-7067-4F79-B8B5-5891BA937A15.jpeg

  • Haha 1
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