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Help. Gotway Seized under section 165


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My dad's Gotway has been seized under the section 165 road traffic act 1988. Do you think there is some possibility of getting it back? As the officer just snatched it from his hand and said it is going to be crushed. 

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1 hour ago, Amber van Eerden said:

My dad's Gotway has been seized under the section 165 road traffic act 1988. Do you think there is some possibility of getting it back? As the officer just snatched it from his hand and said it is going to be crushed. 

They can't crush it because it is perfectly legal to own and ride an electric unicycle, so long as you only ride it on private land. Your dad should get off with a fine if he was riding recklessly, or just a warning if he was riding with respect for traffic laws. Also, the UK government are currently reviewing personal transporters such as electric unicycles (DfT Future Mobility Challenge) and people are riding e-scooters and electric unicycles all around the country. Prams and pushchairs are also illegal on roads and pavements (except Scotland) because they are occupied carriages, and you don't see these being confiscated and crushed, so explain to the police officer all these things and ask for your EUC back. It is not illegal to own a EUC, so they have no reason to confiscate it or crush it. Do speeding motorists get their cars confiscated and crushed? No!

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Oooh that's just ridiculous , i use my euc to go everywhere if i can it saves using the car, I've not had any bother off the police they just look, so the country has got to try cut down on traffic and bump the prices up on fuel to combat this , now that alot of pevs come out they just want to ban ,,i hope you get it back 

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Unfortunately he was not on private land he was crossing the road, pavement to pavement. The officers seized it for no insurance/valid driving licence. The notice he has been given says if you want to recover the "vehicle" you have to produce a valid certificate of insurance and driving licence. If this isn't done in 7 working days it may be sold or scrapped.

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44 minutes ago, Amber van Eerden said:

Unfortunately he was not on private land he was crossing the road, pavement to pavement. The officers seized it for no insurance/valid driving licence. The notice he has been given says if you want to recover the "vehicle" you have to produce a valid certificate of insurance and driving licence. If this isn't done in 7 working days it may be sold or scrapped.

Wouldn't we love to able to get insurance it's barmy how you can get done for no insurance when you can't get it 

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Just tell the police that it is a new class of vehicle and the department for transport are currently looking at legislation and this will likely be treated in the same way as e-bikes. Currently we rely on the police to exercise discretion while the legislation is being worked out. They are over-reacting probably because its the first time they have seen such a device. Point them to You-tube to see people in UK and around the world riding these vehicles despite legislation issues and without issue from police. The government want people out of their fossil fuel burning cars and they know that electric cars are too expensive and will take many years to become common.

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1 hour ago, Nic said:

Point them to You-tube to see people in UK and around the world riding these vehicles despite legislation issues and without issue from police.

Don't grass me up😀😀😀

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The officer has basically confiscated it, just so he can learn how to ride on the Wheel. Once they realise how fun it is, you might get an apology and have it returned. 😂

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Thats ridiculous.. but they do have the power to seize. The act under which they took it  it seems to infer that they believe the vehicle should be licensed. Thats your angle. Take your home insurance docs and go there loaded with information as per what others are saying.

If it was me I'd have been so sure that I "didn't see or hear the office"through my helmet and, simply used maximum acceleration  and turns to get away. I had my new Lotus confiscated in London by an officer but that was for import Tax I foolishly answered incorrectly. Once bitten... NEVER again.

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17 minutes ago, GQS said:

Can we just get an insurance rider or endorsement for it under an umbrella policy? 

What's umbrella policy ?i think any insurance you could show them is something

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On 1/16/2019 at 12:56 PM, Amber said:

My dad's Gotway has been seized under the section 165 road traffic act 1988. Do you think there is some possibility of getting it back? As the officer just snatched it from his hand and said it is going to be crushed. 

Please keep us updated on how things go. Best of luck resolving this.

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Since no license is available to allow driving of EUCs there is no motor vehicle insurance (MVI) that can be acquired to cover them.

Your wheel is personal property so if you are a homeowner and don't already have it, you can acquire personal property insurance.

If you own a condo you can get what is known as insurance form h06 or condo insurance to cover personal belongings.

Insurance form h04 covers renter's personal belongings. 

Unless Benny Hill runs the police department they couldn't possibly expect you to obtain MVI. 

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It was only a matter of time, I'm surprised I haven't read of it already tbh. Lutalo is correct, they can seize it lawfully as it was a mechanically propelled vehicle being used on a road without a licence or insurance. Exactly the same powers (Sec 165) as if it was a car.

Simply stating that you cannot actually get a driving licence for it isn't an excuse either unfortunately. Same as if you were taxiing an F16 fighter down the M11. Or using an eBike with a throttle (also illegal).

If it was off-road but being used recklessly (alarm, distress or annoyance) you could at least have been issued a Sec59 which is simply a warning that if you get caught with it again they have the power to seize and crush. TBH, I think the copper, whilst acting lawfully, was a bit harsh. He could have issued a Sec59 for the 'pavement' bit and conveniently ignored the highway crossing. Seems like he was trying to make a point. Maybe he has seen you numerous times before and couldn't stop you...

No home insurance or any other insurance will cover you in the situation you were in.

It's something every EUC rider in the UK (or at least England) faces as soon as your tyre hits the highway. I don't agree with it, but there we are. All I will do is try to keep to parks/off the highway etc and face a Sec59 at the worst.

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43 minutes ago, Amber said:

I am happy to let you all know that my dad has his gotway back from the police station today. He provided them with liability insurance last week and has finally got it home. 😁

Hi Amber, Can you provide more details on this in case others can benefit if they find themselves in the same situation? What company insured him and how much did this cost? Did the police say that your dad can now ride his EUC on public roads?

Riding a EUC is still technically illegal, regardless of insurance, but its good that the police showed some common sense in this case, though I think they went too far by seizing your dads EUC in the first place.

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I can only assume that Ambers father obtained liability insurance to cover in the event of a claim within a private environment or anywhere that the EUC is allowed.

It is still illegal to use on the road as well as the pavement. I honestly do not see how the insurance company would provide cover for a vehicle operating illegally.

This brings us to the question - how and why did the police give it back? If it was seized under Sec165 then insurance papers would need to be provided for it's cover for use on a public road. To insure a mechanically propelled vehicle on a public road requires numberplates/licence/SVA approval etc.

Maybe the police just gave it back on the basis that as the Father had made an effort in at least getting some kind of insurance, they let it go.

For sure, this incident has provided us the opportunity for lots of questions and answers! It may actually help us all in the UK if we have some sort of precedence.  

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The insurance company is called Lockton. The public liability is £2m per claim. He paid £77 for the year to insure a Gotway V3. It is under a mobility scheme as he said he would turn the speed down to 15km on the app so it can be classed as a mobility scooter.

When he went to pick it up from the police station the admin lady was instructed to say it is still illegal to ride on the path and road. 

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Hahaha brilliant! I think we all need the same solicitor your Dad is using!

That said, max speed for mobility vehicles is 6kmh on the pavement, 12kmh on the road. Even so, a master card played by your father I have to say.

Does he have a registered disability?

Has he managed to register it as a Class 3 mobility vehicle? (I think it may comply with the lighting regs so possible).

In any event, the fact he was told it is still illegal doesnt make much sense. Why? And why give it back if so?

This plot is getting more intriguing by the minute. You have certainly opened up a very interesting chain of events, and I have to admire your fathers tenacity!

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