Monday, 8 July 2013

" Legal " Drunks !

We have very explicit laws to cover driving with the proscribed level of alcohol in our blood, but - like most laws - there are loopholes !    In this case, it is the definition of just what is termed a " vehicle " !

In recent decades we have seen the development of " mobility scooters " to serve the elderly.  People with age or physical disabilities are entitled to use an electric scooter to visit the shops or move abut the community.   It is legal to drive them on footpaths - and most have a maximum speed capacity of less than ten kilometres per hour.

Another innovation to appear in our cities - is the Moped.    The old pushbike now comes with a small electric motor which contains a battery that can be recharged from a power point.   They are relatively cheap to buy, and the operating cost is negligible.

Some clever people have discovered that both the mobility scooter and the Moped are below the definition that applies to " motor vehicles " for the implementation of drink driving laws.   The police are not able to demand a breath test from the drivers of either, should they suspect that they are alcohol affected.  The sticking point is that both fall below that ten kilometres per hour stipulation to be a legal motor vehicle.

One of the problems facing the police is the lack of definition to label the capacity of either power sources.   The law requires Mopeds to be below a 200 watts capacity, but no compliance plate is required, hence it's actual power remains a mystery.    A big range of mobility scooters is fast expanding, and once again - there are no compliance plates involved.

People who have lost their driving license for a DUI offence are now using disability scooters or Mopeds to get home from the pub, safe in the knowledge that they are beyond the law and unable to be tested by the police.    The government is considering a law change to make speed capacity compliance plates mandatory, but this seems to be closing the stable door - after the horse has bolted !

At least these low speed conveyances are a lot safer for other people than having  drunks behind the wheel of regular cars !

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