UPDATE, 2pm: A Port Fairy disability pensioner is considering putting pedals back on his electric scooter to get around a six-month driving ban.
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Phillip Logan, 57, of Cox Street, Port Fairy, pleaded guilty in the Warrnambool Magistrates Court on Monday to drink driving, unlicensed driving and driving an unregistered vehicle.
He lost a pedal off his scooter and removed the remaining one, which led to police charging him because the scooter could no longer be pedal powered and was therefore classified as a vehicle.
Logan said he thought being charged was “a bit tough” by police, explaining he was told when he bought the electric scooter about five years ago he didn’t need a driver’s licence.
When told he could ride the scooter today if pedals were re-fitted, Logan was surprised.
“Is that right?” he asked in disbelief.
Police sources said the scooter was not classified as a vehicle if it was fitted with pedals and remained under a 25km/h speed limit.
Logan was clocked on a police radar at 34km/h.
“By removing the pedals the scooter by default becomes a vehicle and therefore must be registered,” a police source said.
“There are a lot of intricate and detailed guidelines about scooters, such as the 25km/h limit. It’s involved legislation.
“But, without pedals it’s a vehicle, must be registered, the rider has to be licensed, wear appropriate safety gear and is also subject to alcohol and drug driving laws,” he said.
The police officer said if Logan re-fitted the pedals and rode the scooter with his feet on the pedals he could legally immediately ride his scooter again.
Earlier: A DISABILITY pensioner caught speeding at 34km/h while drink driving a scooter has been banned from driving for six months.
Phillip Logan, 57, of Cox Street, Port Fairy, pleaded guilty in the Warrnambool Magistrates Court to drink driving, unlicensed driving and driving an unregistered vehicle.
He was placed on a good behaviour bond until December 14 and disqualified from driving for six months.
Police said that at 3pm on June 27 Logan was riding a red scooter west on a Port Fairy street with a Californian number plate.
He was clocked on radar at 34km/h, over the speed limit for a scooter driver which is 25km/h.
Logan had never held a motorcycle licence, he recorded a blood alcohol reading of .081 and said he didn't think he needed a licence to ride the scooter because it was only a 200 watt vehicle.
His last relevant prior court appearance was 23 years ago.
Defence counsel Jack Rabl said his client had been told when he bought the scooter he didn't need a licence.
Magistrate Cynthia Toose said it appeared there had been a degree of confusion and that Logan had been under a misapprehension, which was an explanation but not an excuse for the offending.
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