CASE LAW - R v Rei
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Is it a Motor Assisted Cycle (MAC) or a Limited Speed Motorcycle (LSM)? In the case of R v Rei it all comes down to whether there are pedals installed so that the driver may physically propel the device or not.

Road users, drivers, cyclists and pedestrians, have a duty to take reasonable care for themselves and others. If they do not follow the traffic rules they assume a heightened duty of care according to the courts. In this case both the driver and the cyclist involved failed to do so and collided with each other.