"Free The Segway One"
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Philip Coates is the first person in the UK known to be prosecuted for operating his Segway Personal Transporter on a public pavement. The charge was "driving or riding a motor vehicle on the pavement or causeway".
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Timeline of events
14-Jun-2008 Philip Coates of Park Avenue, Barnsley, purchases his Segway (model: Segway i2) after recently trying them out at Epcot in Disney, Florida.
- 12-Feb-2010 Philip was spotted operating his Segway on the pavement on Pontefract Road, Lundwood, Barnsley, by a police inquiry assistant, Raymond Flar.
- Feb 2010 - March 2010 Due to in inaccuracies in Mr Flar's statement, several statements had to be taken from Philip by the police to clarify the details.
- 14-Apr 2010 Received summons to appear in court on 19th May.
- 19-May-2010 Philip obtains legal aid from Solicitor Victoria Molloy, of Howard and Co. (now of Shepherds Solicitors). Case adjourned until the 2nd June.
- 02-Jun-2010 Court case adjourned until 30th June.
- 14-Jun-2010 - Crown Prosecution Service update their Road Traffic Offences, Legal Guidelines, covering use of Segway Personal Transporters
- 30-Jun-2010 Adjourned until 16th July for the Pre-trial Review.
- 16-Jul-2010 Pre-trial review takes place, Philip did not need to attend but did so, and was accompanied by former MP and Segway crusader, Lembit Opik. Trial date set for 19th November 2010.
- 20-Sep-2010 Court hearing held in the absence of Philip. CPS requested more time to prepare their case. Trial postponed until 3rd December 2010.
- 04-Oct-2010 - Proposal for a European Parliament and Council Regulation. It plans to exempt "self balancing machines" from type approval requirements, in a similar way to how electric bicycles are currently exempt from type approval. See page 16. Essentially, a Segway PT, by definition, would not be a motor vehicle.
- 17-Nov-2010 DfT release their response to the public consultation on Electric Personal Vehicles. No recommendations to change treatment of "powered two wheel vehicles".
- 03-Dec-2010 Hearing postponed until 17th December due to bad weather.
- 17-Dec-2010 Hearing postponed until 14th January 2011.
- 14-Jan-2011 Trial continued in Barnsley Magistrates Court. Judge Michael Rosenberg commented, "This is the first prosecution of its kind in the country for an alleged offence of this nature, and it is a legal issue for both prosecution and defence which could, at the end of the day, be taken further. It is in essence a test case.". The case was adjourned until 18-Jan-2011.
- 18-Jan-2011 Phil was found "guilty" of riding a "motor vehicle" on the pavement. Judge Michael Rosenberg said: "Although this is by no means an easy matter to determine, I am inexorably driven to the conclusion that I am satisfied to the required standard that the Segway is a motor vehicle and the allegation is therefore proved.". Phil received a £75 fine, plus £250 in costs plus a £15 victim surcharge. No decision to appeal has yet been made. Phil feels unable to progress due to the likely high cost of further proceedings.
- 24-Feb-2011 Legal aid cannot be granted for an appeal unless Phil can provide the court with a "surety" of £5000 to provide confidence he will see the case through and to cover the costs of the magistrate's case should Phil pull out.
- 4-Mar-2011 Confirmed that Phil could use the collateral in his Segway PT as a surety.
- 17-Mar-2011 Legal aid granted for an appeal. Awaiting trial date.
- 27-Jun-2011 Appeal date confirmed for 22-Jul-2011. To be held at 10AM at Leeds Crown Court.
- 22-Jul-2011 Phil's appeal was dismissed. The earlier conviction was upheld by High Court judges, Lord Justice Munby and Mr Justice Langstaff, sitting at Leeds Crown Court. The Segway PT therefore continues to be recognised as a "Motor Vehicle" in the UK, rendering its use illegal anywhere other than private property with the owner's permission. Nice try though Phil. Full court decision: http://www.bailii.org/ew/cases/EWHC/Admin/2011/2032.html
Selection of news articles
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