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Comment by chrismorgan

3 years ago

Cycles that are not upright bicycles (e.g. recumbent bicycles, upright tricycles, recumbent tricycles, quadricycles) are (completely naturally and understandably) discriminated against in legislation because they’re not so common. Although the law classifies them as bicycles, many laws and rules that affect them are made clearly not considering their different characteristics—their size, their stability, their handling, things like that—and end up mandating things that make sense for upright bicycles but are for these other cycles counterproductive to the clear or likely (depending on the case) intent of the law.

Your example is patently unreasonable and a completely different thing.

Legislation defines various classes of vehicle, and changes the definitions and categories over time to match need. But it’s not good for the legislation to explicitly say “Category A encompasses Items B and C” and then to write a law for Item B but apply it instead to Category A. In this specific case, it’s probably mostly happened by sheer accident because they named Category A “Item B”, and so you can never tell whether the intention was to cover Item B or Category A.

This is why I like what New Zealand has done: by giving the category the name cycles and not bicycles, they’ve kept the opportunity to apply laws to bicycles specifically and not other forms of cycles, in cases where that makes sense.

I agree that a form of category might be a good idea, but I disagree that the example is a different thing.

Another example could be banning loud or polluting vehicles in the city centre, as is happening in many cities. They use the same sweeping rules as in "No bicycles" and allow EVs "because they are silent and green as we all know" while in reality EVs are more noisy than a similar car at city speeds and up. Most people are not aware of this, but if you are, you could just as easily feel discriminated against in a small, new, diesel car. However, it would, in my opinion, be too difficult to have a society with the amount of rules needed to fix these kinds of cases.

(It is the low friction tires on EVs and the extra weight that cause the added noise. A stupid problem that could easily be fixed with normal tires on EVs.)