Is the Airwheel legal as they say?

[Mr Will]

I don't know about powered airwheels but it is perfectly legal to ride a pedal powered unicycle on the pavement - there is a loophole where the law only bans "bicycles, tricycles and similar vehicles with a greater number of wheels". Perhaps similar applies in this circumstance.

[BertBert]

It's the powered bit that does it

[Mr Will]

BertBert said:

It's the powered bit that does it

What makes you say that? These types of laws can be very dependant on precisely which words are used.

[BertBert]

Mr Will said:

What makes you say that? These types of laws can be very dependant on precisely which words are used.

This basically. You can't use motorised vehicles on the pavements. There was a previous thread discussing the segway as well.

Lowtimer said:

There are no criteria allowing for the use of a motor vehicle on the pavements, except for the disabled buggy / 4mph category, which it does not meet. See the other thread from last year. Legally an Airwheel is in a similar position to that of a Segway.

Edited by Lowtimer on Tuesday 28th April 14:35

[Funkycoldribena]

They'll be banned eventually,people will moan about using them on private land,how dangerous they are to old people etc.

[Mr Will]

BertBert said:

Mr Will said:

What makes you say that? These types of laws can be very dependant on precisely which words are used.

This basically. You can't use motorised vehicles on the pavements. There was a previous thread discussing the segway as well.

Lowtimer said:

There are no criteria allowing for the use of a motor vehicle on the pavements, except for the disabled buggy / 4mph category, which it does not meet. See the other thread from last year. Legally an Airwheel is in a similar position to that of a Segway.

Yes, but what exactly does the law banning them say? I suspect you are correct and it bans all "motorised carriages" (or similar) but as the unicycle/bicycle example shows, loopholes are sometimes left when particular types of vehicles were not foreseen when the law was written.

[BertBert]

Mr Will said:

Yes, but what exactly does the law banning them say? I suspect you are correct and it bans all "motorised carriages" (or similar) but as the unicycle/bicycle example shows, loopholes are sometimes left when particular types of vehicles were not foreseen when the law was written.

well according to the bbc it's the Highway Act of 1835! http://news.bbc.co.uk/1/hi/magazine/5271874.stm

[Dibble]

Never mind the legality, look at the signature on the attached letter! S J Parham, with the J being written in the loop of the P... Tells you pretty much all you need to know IMHO.

[Mr Will]

BertBert said:

Mr Will said:

Yes, but what exactly does the law banning them say? I suspect you are correct and it bans all "motorised carriages" (or similar) but as the unicycle/bicycle example shows, loopholes are sometimes left when particular types of vehicles were not foreseen when the law was written.

well according to the bbc it's the Highway Act of 1835! http://news.bbc.co.uk/1/hi/magazine/5271874.stm

Found it!

The Highways Act of 1835 bans "driving a carriage" on the the footway, but then Section 85 of the Local Government Act 1888 clarified the definition with the following line "bicycles, tricycles, velocipedes, and other similar machines are hereby declared to be carriages within the meaning of the Highway Acts". Note the (unintentional) omission of unicycles.

Unless somebody can dig up some case law regarding unicycles as carriages, the airwheel is possibly not technically illegal yet.

This is all utterly irrelevant in reality though. The legality will soon get updated the first time a rider of one of these gets dragged before the courts, unless they've got an exceptionally good lawyer.

[agtlaw]

An offence is made out if "a person wilfully rides upon any footpath". See s. 72 of the Highway Act 1835 and R. v Coates (2011). Although it did not matter, in Coates a Segway was held to be a carriage.

If a Road Traffic Act offence is contemplated then the prosecuting authority would have to prove that an Airwheel is a "motor vehicle" within the definition of s. 185. Is it "a mechanically propelled vehicle intended or adapted for use on roads"? A Segway was held to fall within this definition in Coates.

http://www.bailii.org/ew/cases/EWHC/Admin/2011/203...

[GT6k]

I had a look into this with reference to electric scooters and found it is simply illegal to ride anything on a pavement (Section 72 of the Highway Act 1835, amended by Section 85(1) of the Local Government Act 1888. Any mechanically propelled vehicle on a road needs to meet the construction and use regulations. Then there are a set of exemptions for electric bikes, mobility scooters and the like which come with limitations on maximum power, speed and have very specific requirements which Segways and the like don't meet.

[agtlaw]

GT6k said:

I had a look into this with reference to electric scooters and found it is simply illegal to ride anything on a pavement ...

The 1835 Act doesn't mention pavement.

[GT6k]

I was trying to be brief

“footpath” means a highway over which the public have a right of way on foot only, not being a footway;

“footway” means a way comprised in a highway which also comprises a carriageway, being a way over which the public have a right of way on foot only;


In any case you are still not allowed to use a mechanically propelled vehicle on it.

[agtlaw]

Let's assume you are right - is an Airwheel a mechanically propelled vehicle?

A segway is, so what if anything is different about an Airwheel?

[Pit Pony]

illmonkey said:

I could park 1 mile out of town and 'commute' on that. It'd be free parking, no waiting for busses etc and it'd get paid for in no time (car park space £200/month). Charge at work every day too.

Man Maths ?

You could park a mile from town and walk. The exercise would do you good, and being in the fresh air would help your mental health. Or you could put some roller boots on (along with music on your walkman from a disco in 1979) or invest in a fold away push bike. No ?

[illmonkey]

Pit Pony said:

illmonkey said:

I could park 1 mile out of town and 'commute' on that. It'd be free parking, no waiting for busses etc and it'd get paid for in no time (car park space £200/month). Charge at work every day too.

Man Maths ?

You could park a mile from town and walk. The exercise would do you good, and being in the fresh air would help your mental health. Or you could put some roller boots on (along with music on your walkman from a disco in 1979) or invest in a fold away push bike. No ?

I get to work fairly early, I treasure those hours in bed. To be a zombie on one of these vs. getting a bike out the boot, assembling it and doing the same at the other end is too much!

In winter the space is great, come summer a walk would be nice I suppose, but I can't rent the space and not use it. So I'd lose it, and probably not find an other for winter.

[agtlaw]

Interesting that the manufacturer makes a comparison to Segways on their New Zealand site:

"Due to the fact that currently NZ Law has no classification for modern devices like Airwheels they are categorised as unclassified vehicles. The same rules apply as per products like SegWays when they are not being used as mobility devices. Please note that the purchase and use of all Airwheel devices from Airwheels New Zealand or it's authorised suppliers places the responsibility for use on the rider and we accept no responsibility for inappropriate use. Please also ensure that you are courteous to all other persons at all times and comply with all New Zealand legislation."

If the same considerations apply to Segways then that's a problem, surely?

[BertBert]

agtlaw said:

If the same considerations apply to Segways then that's a problem, surely?

Clearly it's different in shape and size, but the propulsion and use are largely the same I'd say

[Mr Gear]

illmonkey said:

I could park 1 mile out of town and 'commute' on that. It'd be free parking, no waiting for busses etc and it'd get paid for in no time (car park space £200/month). Charge at work every day too.

Yeah, or you could do exactly the same on a folding bike faster, safer and cheaper?

[daveenty]

If you look on the site the OP referred to in his first post and search for the item in question ( Here to save you searching), you'll see that the selling company have a disclaimer near the bottom of the page: -

"******** The S3 is only for use on private property and in parks. It can not be used on pavements************"