Jake
May 10th, 2004, 09:45 PM
Riders of BMW C1 scooters must wear crash helmets - and a defiant campaigner faces renewed prosecution.
The Director of Public Prosecutions has won a High Court test case ruling that people riding the machines are legally required to wear head gear.
A refusal by Bedford magistrates to convict enthusiast Peter Parker, a 45-year-old architectural technologist, has been overruled.
Mr Parker now faces a new prosecution after the full judgement was revealed.
'Perverse' decision
Lord Justice Maurice Kay, sitting with Mrs Justice Rafferty, ruled that magistrates had made a 'perverse' decision and sent the case back to them with a direction to convict Mr Parker.
The judges agreed that UK legislation requires helmets to be worn, despite Mr Parker telling them that the laws in 90% of other European countries did not.
The decision was greeted with dismay by twenty C1 enthusiasts who will have to wear protective headgear when they ride home.
Mrs Justice Rafferty suggested that one avenue might be to seek a formal exemption from the regulations for C1 owners.
Keeps city moving
BMW have described the vehicle, which is no longer manufactured, as "a concept that keeps you moving in city traffic".
In March last year, Bedford magistrates acquitted Mr Parker on three sample charges of riding a C1 without a crash helmet on March 28, June 24 and August 18, 2002.
The magistrates found that Mr Parker was "inside" the motor bicycle, and not obliged to wear a helmet as he was not riding "on" it.
The judges agreed that the magistrates had gone wrong in law and misinterpreted regulations.
The Director of Public Prosecutions has won a High Court test case ruling that people riding the machines are legally required to wear head gear.
A refusal by Bedford magistrates to convict enthusiast Peter Parker, a 45-year-old architectural technologist, has been overruled.
Mr Parker now faces a new prosecution after the full judgement was revealed.
'Perverse' decision
Lord Justice Maurice Kay, sitting with Mrs Justice Rafferty, ruled that magistrates had made a 'perverse' decision and sent the case back to them with a direction to convict Mr Parker.
The judges agreed that UK legislation requires helmets to be worn, despite Mr Parker telling them that the laws in 90% of other European countries did not.
The decision was greeted with dismay by twenty C1 enthusiasts who will have to wear protective headgear when they ride home.
Mrs Justice Rafferty suggested that one avenue might be to seek a formal exemption from the regulations for C1 owners.
Keeps city moving
BMW have described the vehicle, which is no longer manufactured, as "a concept that keeps you moving in city traffic".
In March last year, Bedford magistrates acquitted Mr Parker on three sample charges of riding a C1 without a crash helmet on March 28, June 24 and August 18, 2002.
The magistrates found that Mr Parker was "inside" the motor bicycle, and not obliged to wear a helmet as he was not riding "on" it.
The judges agreed that the magistrates had gone wrong in law and misinterpreted regulations.