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There is also this on the Gov website to explain:

Other kinds of electric bike
Any electric bike that does not meet the EAPC rules is classed as a motorcycle or moped and needs to be registered and taxed. You’ll need a driving licence to ride one and you must wear a crash helmet.
The bike must also be type approved if either:
  • it does not meet the EAPC rules
  • it can be propelled without pedalling (a ‘twist and go’ EAPC)
This should have been done by the manufacturer or importer before you bought it. If it’s been type approved, it will have a plate showing its type approval number.

https://www.gov.uk/electric-bike-rules
 
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The relevant legislation is

The Motorcycles (Type-Approval) Regulations 2018

which mean that off road electric bikes are specifically outside the scope of any UK legislation referring to motorcycles. If they are outside the scope then they are treated exactly the same as limited bikes in terms of road traffic legislation in terms of not needing licence, insurance UNLESS there is a separate, unrelated requirement in UK law not applicable to all motorcycles.

That is why people have looked at the SVA angle because that is a requirement about registration due to not demonstrably meeting standards. You could also ban all off road vehicles of a certain type, but AFAIK there is no such provision in UK legislation.

You can still get done if you are over the limit but for being in charge of a mechanically propelled vehicle rather than drink driving.

This is a change in law, originally electric scooters were a motor vehicle under the 1988 act as per DPP vs King. But now the EU has specifically said they are NOT motorcycles, and as such as per Burns Vs Currell the court would have to apply the "reasonable man" test.

In that case it concerned a go-kart. The court found a reasonable man would not say it is a motor vehicle, even if it can be used on the road.

In this case the net is even tighter, the court would have to ask whether an off road electric bike was a motor vehicle but not a motorcycle. If a reasonable man would say it is a motorcycle then the EU exemption kicks in.

Apologies for this being a bit technical but I think some people are starting from the basis of what they think the law ought to be, rather than the black and white legislation. In my view without the benefit of being tested in court off road electric bikes of any maximum speed are explicitly excluded from insurance, licence, registration etc.
 
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electric scooters need to be registered insured and need a helmet, off road bikes dont need this off road but do on the road but we will agree to disagree, I would love you to be right when you are arrested but I doubt it
 
electric scooters need to be registered insured and need a helmet, off road bikes dont need this off road but do on the road but we will agree to disagree, I would love you to be right when you are arrested but I doubt it
As per Burns Vs Currell case law has already established that whether something is a motor vehicle depends on the vehicle in isolation and does not change whatever it's use at the time. E.g. even though you can use a go-kart on road it is evidently not designed to primarily be used on road and thus is not a motor vehicle as regulated by the 1988 Act.

So if you buy something marketed as an off road electric bike, and have in your hand an invoice for an off road electric bike, would a reasonable man not assume it has been designed and intended to be used primarily off road?

No vehicle can fundamentally morph into something different just because of where you are riding it. A moped doesn't become a bicycle if you ride it along a cycle path.
 
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quad bikes/ tractors/ combines/ scramblers are off road vehicles but all need registration to travel on the public highway

this is obviously a subject close to your heart so I bid you good day on the subject - lets us know of any ground breaking court case when it comes up
 
Sorry I don't understand why you say you got a life ban for failing to provide a sample, also why you could not afford a defence, I am on my third disqualification (banned 18 years ago) first offence 12 months ban, banned within 12 months of having licence back, banned for 3 years, banned again within 12 months and another 3 years ban, I have just reapplied for it, on all occasions legal aid was granted.
 
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