Segway right for disabled, says witness

LEGAL QUESTION: Neal Summers was pulled over by police for riding his Segway on a footpath in central Kerikeri. PHOTO/PETER DE GRAAF

A decision on whether a Segway ridden by a former Kaikohe businessman qualified as a mobility device is expected within a month or two.

Former Kaikohe Hotel owner Neal Summers was pulled over by police and later prosecuted in the District Court for riding his Segway - an upright, motorised scooter - on a footpath in Kerikeri's main street in June 2011.

However, the High Court at Whangarei quashed the conviction in July 2012 and rescinded his $1150 fine and loss of 15 demerit points.

His case was part-heard by Judge Simon Maude in the Whangarei District Court in June last year because they ran out of court time and then the judge went on holiday. The defended hearing resumed yesterday.

Segway New Zealand managing director Philip Bendall, appearing as a defence witness, explained the mechanics of the mobility device and how it was powered.

He said the Segway's power was about 1500 watts, but most Segways operated at less than 750 watts.

Crown prosecutor Catherine Anderson, questioned Mr Bendall about the different uses of Segways and who could use them. Mr Bendall said Segways could be used by people with neurological and physical disabilities as well as those suffering from Parkinson's disease.

He didn't agree with suggestions by the Crown that Segways were not designed or constructed specifically for those who required mobility devices.

Mr Bendall said while Segways were not specifically made for people with certain disabilities, they could be suitable for such riders.

Judge Maude gave the Crown 14 days to make submissions and the defence a further 14 days to respond.

He said the submissions should also cover whether Mr Summers, who now lives in Picton, should be present for sentencing if he was found guilty.

He didn't set a date for when he would give his ruling.

The case has attracted national attention as it will set a legal precedent for the classification of the Segway.

Mr Summers previously told the court he relied on his Segway as he found walking difficult because he had two artificial knees as well as a metal rod holding a femur together.

However, police say his Segway is a motorised vehicle and, therefore, is barred from the footpath.

The key issue to be determined by the defended hearing is the technical and legal classification of Segways.