Motor Vehicle Flashcards
What 3 things are never a motor vehicle?
1) a MPV being an instrument for grass cutting which is controlled by a pedestrian ie ride on lawn mower
2) any other MPV controlled by a pedestrian ie roadsweepers
3) an electrically assisted pedal cycle of such a class as may be so prescribed is to be treated not to be a motor vehicle
What is definition of motor vehicle?
Any MPV intended or adapted for use on the roads (not being a tramcar or other vehicle running on permanent rails or a trolley vehicle)
What is a MPV
Not defined. It has been held to include not only petrol and oil driven vehicles but also steam driven and electrically driven vehicles
What is usual test as to whether or not a vehicle is a MPV?
It’s one of construction rather than use. In MacEachran v Hurst a moped which was being pedalled because engine didn’t work was held to be MPV because it was constructed for such use
Some stated cases about MPV
Floyd v Bush a motor assisted pedal cycle but NOT electrically assisted one was held to be a MPV even when it was being pedalled
Nichol v Leach a car which was rebuilt solely for auto cross and never intended for use on roads ever again was held to have retained its original use ie on a road
New berry v Simmons motor vehicle that had engine removed was still a MPV as there was evidence that engine might shortly be replaced therefore power restored
