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"E-Bikes are bicycles, not motorbikes": EU Court rules e-bikes as not capable of causing "damage comparable to motorcycles"; Chris Froome’s new bike with disc brakes; £32k karma for not restoring cycle path; Penny-farthing stunts + more on the live blog

It’s Friday the 13th, let’s hope nothing spooky finds its way to this cycling live blog with all the latest news, Adwitiya will be your host for the day…

SUMMARY

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13 October 2023, 08:39
"E-Bikes are bicycles, not motorbikes": EU Court rules e-bikes not capable of causing bodily or material damage comparable to motorcycles, cars or trucks

Kicking the day off with a landmark ruling from the other side of the Channel, the Court of Justice of the European Union has declared that e-bikes are bicycles, instead of motorbikes because "it is not propelled exclusively by mechanical power".

The Court, ruling on a case brought forward following the death of a cyclist using an e-bike in Bruges, Belgium after being hit by a motorist, was faced with the question whether an e-bike can be classified as a "motor vehicle".

The ruling said: "The bicycle’s motor merely provided pedal assistance, including through the use of a ‘boost’ function. Moreover, that ‘boost’ function could be activated only after the use of muscular power (by pedalling, by walking with the bicycle or by pushing it)."

> Amsterdam looking to set a 20kph speed limit on e-bikes

Lime e-bike

The legal classification of the bicycle in question turned out to be crucial in order to determine whether the victim was the driver of a ‘motor vehicle’ or whether there would be eligibilty for automatic compensation as a ‘vulnerable road user’ under Belgian law.

The court concluded that e-bikes "do not appear to be capable of causing bodily or material damage to third parties comparable to the damage that may be caused by motorcycles, cars, trucks or other vehicles propelled exclusively by mechanical power."

Earlier this year, road.cc had found out that Hammersmith and Fulham Council had implemented a ban on e-bikes and e-scooters from part of Thames Path, after the council approved a Public Space Protection Order (PSPO), although those using them as mobility aids, or individuals such as parents or carers transporting children were exempt.

> E-bike safety: What to avoid when buying an e-bike, battery or charger

At the consultation stage, 68.2 per cent of 1,233 respondents were in favour of the proposed prohibition of the use of e-scooters and e-bikes, with 27.3 per cent voting 'no', 3.8 per cent 'maybe' and 0.7 per cent 'unsure'.

Addressing the proposed PSPO for 'reckless cycling' H&F had ultimately decided to listen to concerns about "discouraging the use of pedal cycles as a healthy means of transport to and from work"

13 October 2023, 16:05
Are they really dead? Is it really time to start digging the grave for rim brakes?

Promethean fire for some, the bane of existence for others (looking at you Froomey), disc brakes versus rim brakes is a saga that seemed to persist for eternity in cycling circles. But as time has passed on, one has come out on top against the other, and thankfully, in my completely biased opinion, it's looking more and more likely to be the former.

When even the British National Hill Climb champion has switched to disc brakes, what reason (other than, say nostalgia), have you got to still have the back of your beloved rim brakes?

(Well we all know we will back here again soon and all of you will be on my door with pitchforks if Andrew Feather ends up failing to defend his title later this month...)

> Rim brakes really are dead! Here's why the British National Hill Climb champion has switched to disc brakes

13 October 2023, 16:02
Hackney cyclists to protest following two deaths in borough in recent weeks
Whiston Road, Hackney

Cyclists in the London Borough of Hackney are to hold a protest calling for safer streets after two people were killed while riding their bikes there in the past six weeks, and say that repeated calls for safety improvements to be made have been ignored.

> Hackney cyclists to protest following two deaths in borough in recent weeks

13 October 2023, 15:54
School run cycling mum assaulted by driver in front of her children
Police tape (CC licensed by freefotouk on Flickr)

A West Midlands woman who accompanies her children to school by bike has spoken on social media of the moment she was assaulted in front of them by a driver who was apparently frustrated that he had been unable to overtake them in his car.

“The man assaulted me after telling my 2 children to go to school as their mom was going to get beat up,” says Nikki Dee

> School run cycling mum assaulted by driver in front of her children

13 October 2023, 15:37
Chocolate.jpg
It's chocolate week from Monday! Here are some health benefits from chocolates for cyclists...

I know I know, I don't need another excuse to indulge in my sweet tooth and open another chocolate bar, but hey, turns out there's some other health benefits you can enjoy by eating some of the good brown stuff, other than the obvious fuelling purposes on rides!

A cycle and e-bike insurer cycleGuard has discovered what benefits does chocolate have for cyclists. Chocolate, which is made up of a higher percentage of cocoa can be an effective recovery source after exercise (great!). Cocoa also contains antioxidants which can help to treat inflammation and muscle soreness. And of course, it has enough carbohdrates that can help you refuel and replace muscle glycogen after a tiring ride.

> Official: Daily chocolate consumption makes you a better cyclist

Besides, an American study carried out in 2017 found that dark chocolate, along with almonds, managed to reduce the levels of "bad" cholesterol in the body. While dark chocolate on its own is not going to build-up the power in cyclist’s legs for those long and arduous hill climbs, it may be able to help them prepare for it. Cocoa also contains a number of amino acids, such as leucine, which are needed for muscle growth and repair.

Exodus Cross-Country Skiing - Chocolate

And finally, a study by Kingston University investigated the effect that flavanols had on the body during exercise and had nine ‘moderately trained' cyclists replace a snack with 40g of dark chocolate in their daily diet for two weeks. Dark chocolate is particularly rich in flavanols, a group of natural compounds from plants which have antioxidant-like effects on the body and can also be found in things like tea.

The study suggested that the riders may have become more efficient at their own oxygen usage after adding dark chocolate to their diet. It may be that, for short-duration, moderate-intensity exercise, dark chocolate might help people exercise for longer.

> Have a break – have a Kitkat (what pro-riders do in the off-season)

Well as is with anything, it shouldn't come as a surprise that excessive intake of chocolate can of course, produce results counter beneficial to the entire of point of having chocolates for health purposes. Dunno just felt that had to give that disclaimer here, perhaps more for me than for anyone else...

13 October 2023, 15:17
Chris Froome's new ride... with disc brakes and questionable colourway

Froomey Froome's looking to get back to racing and this time, as we reported yesterday, he finally, FINALLY, seems to have welcomed disc brakes with open arms.

> “When it works, it is great”: Rim brake devotee Chris Froome finally admits he’s “warmed to disc brakes”

But at what cost? That colourway? Pardon my strong opinions, but my eyes hurt looking at that bike. When Froome finally decides to make one correct decision with the disc brakes, he stumbles again with that garrish design.

13 October 2023, 12:50
Near Miss of the Day 879: Driver makes very close pass on cyclist but only gets warning letter (includes swearing)

A cyclist who was about to turn left when he received a very close pass from an impatient driver who was going straight on at the junction concerned has told road.ccthat he is unsure how much more it takes for a motorist to be prosecuted following such a manoeuvre after police told him that they had sent a warning letter after reviewing the footage.

Read more: > Near Miss of the Day 879: Driver makes very close pass on cyclist but only gets warning letter (includes swearing)

13 October 2023, 12:01
Cyclist in Stockholm (image by Jean-Marie Muggianu via Flickr, CC BY-NC-ND 2.0 DEED)
Stockholm hoping to transform its city centre by banning cars and increasing cycling and walking space

The Swedish capital is hoping to make its city centre a safe haven for cyclists and pedestrians as well as reduce pollution and slash emissions with the help of a ban on petrol and diesel cars, with the new rule coming into effect from 31 December 2024.

Traffic councillor and MP Lars Strömgren wrote on Twitter: "In Stockholm, everyone should be able to breathe the air without getting sick." He added that he envisions a city with "outdoor seating and plenty of space for walking and cycling".

The car ban covers 20 blocks in Stockholm’s city centre, including streets in the area within Kungsgatan, Birger Jarlsgatan, Hamngatan and Sveavägen.

Once the ban comes into force at the end of 2024, only electric vehicles (EVs) and low emissions gas vehicles will be allowed to drive in the zone. Plug-in hybrid heavy goods vehicles will also be permitted.

The 180,000-square-metre zone could be extended, pending discussions in early 2025.

It was initially set to be introduced in Gamla Stan - the city’s Old Town - too, but those plans have now been scrapped. Instead, the area will become a largely pedestrianised‘urban environmental zone’, where 130 parking spaces will be removed to make space for walking and cycling, Swedish broadcaster SVT Nyheter reports.

13 October 2023, 11:29
Average Tadej Pogačar moment

Dudes being dudes, Tadej Pogačar being Tadej Pogačar...

13 October 2023, 10:43
Cycle Lane - red tarmac
"Karma is a fine!": Housing developer fined more than £32k for failing to restore cycle path

Isn't that how the new Taylor Swift song goes?

Ah I may be wrong about the lyrics, but I can perhaps assume that's what folks over at St Modwen Homes might be singing in their sleep, as the housing developer has been fined a whopping £32,000 for not putting back a cycle path properly in the village of Norton Fitzwarren, despite repeated requests by Somerset Council over two years.

The developers had been authorised to carry out work in the area in 2021 by the Council which involved digging 20m down and connecting a manhole to the storm drain.

St Modwen pleaded guilty to four offences committed under the New Roads and Street Works Act 1991 at Taunton Magistrates Court and was handed more than £32,000 in fines and costs.

The court heard that St Modwen Homes carried out street works at Great Western Way in Norton Fitzwarren, and failed to reinstate white lines on the carriageway and footpath, along with red tarmac on the cycle path. The company failed to respond to various notifications sent by Somerset Council urging it to complete the reinstatement properly, and so failing to fulfil its duty in the interests of safety.

13 October 2023, 09:34
"Wait until the pi***ng rain, they’ll be no cyclists…"
13 October 2023, 09:26
Don't be shy, show off your penny-farthing skills

Adwitiya joined road.cc in 2023 as a news writer after graduating with a masters in journalism from Cardiff University. His dissertation focused on active travel, which soon threw him into the deep end of covering everything related to the two-wheeled tool, and now cycling is as big a part of his life as guitars and football. He has previously covered local and national politics for Voice Wales, and also likes to writes about science, tech and the environment, if he can find the time. Living right next to the Taff trail in the Welsh capital, you can find him trying to tackle the brutal climbs in the valleys.

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54 comments

Avatar
Rendel Harris replied to chrisonabike | 1 year ago
9 likes

chrisonatrike wrote:

That horse may be well and truly volted by now

Quality.

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Rendel Harris replied to hawkinspeter | 1 year ago
4 likes

hawkinspeter wrote:

The simplest and easiest solution is for police to rock up to a known hang-out for riders and then seize all the non-compliant vehicles along with whoever is riding them. That way, they have the culprit and the evidence in one easy visit and they can probably buy their dinner at the same time too.

Agreed, I did say in my OP "the police in London could wipe out the scourge almost immediately just by spending a few minutes outside popular collection points for Deliveroo etc". Not sure about letting them buy their dinner though, lots of our local cops look as if even I could outsprint them and the only time I see them out of their cars is when they are popping into Costa or the M&S local to pick up a few hundred more calories.

Of course the problem could also be solved if everyone who uses Deliveroo decided to boycott them until they had decent employment policies, proper riding instruction and regular checks on employee bikes for safety and legality purposes, but I've had a look at my calendar and the 12th of never doesn't seem to be coming along any time soon…

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hawkinspeter replied to Rendel Harris | 1 year ago
2 likes

Rendel Harris wrote:

Agreed, I did say in my OP "the police in London could wipe out the scourge almost immediately just by spending a few minutes outside popular collection points for Deliveroo etc". Not sure about letting them buy their dinner though, lots of our local cops look as if even I could outsprint them and the only time I see them out of their cars is when they are popping into Costa or the M&S local to pick up a few hundred more calories.

Of course the problem could also be solved if everyone who uses Deliveroo decided to boycott them until they had decent employment policies, proper riding instruction and regular checks on employee bikes for safety and legality purposes, but I've had a look at my calendar and the 12th of never doesn't seem to be coming along any time soon…

To be honest, I'm unconcerned about Deliveroo riders using electric motorbikes as it's better than them using ICE powered motorbikes and they tend to be a lot lighter - most of them look like a MTB with batteries duck-taped into the frame triangle. I don't doubt that some of them cause problems with their interpretations of road rules, but at least they're not in a tonne of metal causing problems.

However, I can't recall every using Deliveroo, so my boycotting powers are diminished. I don't see much point to them in cities as the take-away places aren't usually more than a ten minute walk away.

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Rendel Harris replied to hawkinspeter | 1 year ago
2 likes

hawkinspeter wrote:

To be honest, I'm unconcerned about Deliveroo riders using electric motorbikes as it's better than them using ICE powered motorbikes and they tend to be a lot lighter - most of them look like a MTB with batteries duck-taped into the frame triangle. I don't doubt that some of them cause problems with their interpretations of road rules, but at least they're not in a tonne of metal causing problems.

Agree to an extent, but some of the Deliveroo folks round my area are using ebikes that can do 45+ mph, 25mph over the limit of most of the local roads, usually without/with minimal lighting after dark, they do cause plenty of problems.

hawkinspeter wrote:

However, I can't recall every using Deliveroo, so my boycotting powers are diminished. I don't see much point to them in cities as the take-away places aren't usually more than a ten minute walk away.

Same here, I did use them to send my mother a few takeaways during the pandemic when she had to isolate but I don't need 'em - and in fact am pretty disgusted by the way they're often used in my south London neck of the woods, people getting them to deliver coffee and bagels on Sunday morning as if they ain't got legs.

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belugabob replied to Rendel Harris | 1 year ago
0 likes

hawkinspeter wrote:

However, I can't recall every using Deliveroo, so my boycotting powers are diminished. I don't see much point to them in cities as the take-away places aren't usually more than a ten minute walk away.

Unfortunately, a five minute walk is too much for some people.
One one occasion, as I started unloading the shopping, from my car, my neighbour drove away and, before I'd finished, he returned with his son, who he'd picked up from football practice.
Total journey time was less than 5 minutes, but he still chose to drive.

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Cugel replied to belugabob | 1 year ago
0 likes

belugabob wrote:

hawkinspeter wrote:

However, I can't recall every using Deliveroo, so my boycotting powers are diminished. I don't see much point to them in cities as the take-away places aren't usually more than a ten minute walk away.

Unfortunately, a five minute walk is too much for some people. One one occasion, as I started unloading the shopping, from my car, my neighbour drove away and, before I'd finished, he returned with his son, who he'd picked up from football practice. Total journey time was less than 5 minutes, but he still chose to drive.

Is it time for Yorkshire boasting about our observations of blebish Britains, then? Here's mine:

A neighbour of smokey-boozy aspect and the smell to prove it would get in his jallopy to travel 300 yards around the end of the village green to get to the wee shop that was 100 yards from his gate as a crow shopping for pork scratchings might fly. (I measured the distances in my long-stride walking paces, just to be annoying). He was going to the shop each day for his fag and Daily Hate Mail.

 

He died aged 56 from lung cancer. Very sad for those that loved him .... but he cared more for nico-drug and car "convenience" to bother about disappointing others in various ways.

Cars kill in more ways than one. Who else had an increment or two added to their chance of getting a body rot from the fellow's exhaust fumes, both fag and car?

 

Avatar
HoarseMann | 1 year ago
1 like

Here's the EU ruling https://curia.europa.eu/jcms/upload/docs/application/pdf/2023-10/cp23015...

It's clarifying a point in Belgian law regarding state compensation of vulnerable road users, by confirming an e-bike with a throttle 'boost' is still an EAPC and doesn't require insurance. I don't think it's got any broader implications than that.

In the UK, an e-bike with full throttle control can still be classed as an EAPC if it's certified as a 250W Low Power Moped.

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mattw replied to HoarseMann | 1 year ago
0 likes

Where can such be used - only on the roads? And with what required safety gear, insurance, registration etc?

But I thought the "Low Power Moped" class was repalced in 2015 or so by the "EU class L1e-A".

Was it not? Or is this another example of our useless government sitting on its butt?

Avatar
HoarseMann replied to mattw | 1 year ago
2 likes

"250W Low power moped" is a new sub-class created in 2019 under UK law. It is different to the "low power moped" class, as power is limited to 250W and speed restricted to 15.5mph.

You need to pay £55 to get it certified with a single vehicle approval. But if you do that, then it's classed as a bicycle, exactly the same as any other EAPC, but you don't have to pedal as full throttle assistance can be used up to 16mph.

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IanMK replied to mattw | 1 year ago
0 likes

This should provide clarity. I'm not sure that it does.
https://www.gov.uk/government/publications/electrically-assisted-pedal-c...

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HoarseMann replied to IanMK | 1 year ago
2 likes

IanMK wrote:

This should provide clarity. I'm not sure that it does. https://www.gov.uk/government/publications/electrically-assisted-pedal-c...

That's a press release from 2015. Some of it still holds true. 
The details for 250W LPM are a more recent development. If you look at this document (scroll right to near the end, in the glossary section) you will see references to 250W LPM.

https://www.gov.uk/government/publications/motorcycle-single-vehicle-app...

I've no doubt that the majority of throttle only e-bikes are illegal motorcycles. But it is possible to have a legal throttle only e-bike in the UK.

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mattw | 1 year ago
8 likes

Mildly amused.

So the Court decision affirms the EU definition of a pedal cycle, which is the same as ours, to include EAPCs (pedelecs) as ours does.

Hammersmith and Fulham are already self-f*cked because they used the term "e-bike" in their PSPO, which has no meaning in UK Law - ignoring all the stakeholders (including Wheels for Wellbeing) who patiently explained to them why they were being idiots.

They can't go at EAPCs because the law defines them as "pedal cycles".

Those four wheel Amazon "Postman Pat" cargo-bike vans are also EAPCs, so H&F can't act against those, either.

Avatar
Rendel Harris | 1 year ago
5 likes

This is absolutely peak "as a cyclist myself": driver of an uberwankpanzer gets out and confronts cyclist, telling him "Don't fucken look at me" and justifying his ire by explaining "I cycle every single day of ma life!" Truly bizarre.

https://twitter.com/AlanMyles8/status/1712567297821598062

Avatar
Steve K replied to Rendel Harris | 1 year ago
2 likes

Rendel Harris wrote:

This is absolutely peak "as a cyclist myself": driver of an uberwankpanzer gets out and confronts cyclist, telling him "Don't fucken look at me" and justifying his ire by explaining "I cycle every single day of ma life!" Truly bizarre.

https://twitter.com/AlanMyles8/status/1712567297821598062

It's not typical "as a cyclist myself" though as, judging my his attire, he probably does cycle (although maybe off-road?) as opposed to just meaning I went to Center Parcs once.

Avatar
Rendel Harris replied to Steve K | 1 year ago
5 likes

Steve K wrote:

It's not typical "as a cyclist myself" though as, judging my his attire, he probably does cycle (although maybe off-road?) as opposed to just meaning I went to Center Parcs once.

I was thinking spin class at the gym maybe? But yes, probably one of those who puts his MTB on the back of the wankpanzer and drives long distances to ride through forests, cursing all the pesky road cyclists who get in his way.

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mattw replied to Rendel Harris | 1 year ago
2 likes

Knickerbockers - Glorious.

Why is the Man from the Micropenis Mobile dressed up like Sir Hilary Bray from a 1969 Bond film?

Fancy dress party?

Avatar
Safety replied to Rendel Harris | 1 year ago
5 likes
Rendel Harris wrote:

This is absolutely peak "as a cyclist myself": driver of an uberwankpanzer gets out and confronts cyclist, telling him "Don't fucken look at me" and justifying his ire by explaining "I cycle every single day of ma life!" Truly bizarre.

https://twitter.com/AlanMyles8/status/1712567297821598062

Ah yes Glasgow, where making eye contact with a stranger results in mortal combat. Whaes like us.

Avatar
brooksby replied to Rendel Harris | 1 year ago
2 likes

Can I have the ;TLDR on that one?  I was watching with the sound off and I cannot for the life of me understand what the cyclist could have done to trigger the motorist...  They seemed to spend the entire video clip in two deparate lanes of the road/.

Avatar
Rendel Harris replied to brooksby | 1 year ago
4 likes

brooksby wrote:

Can I have the ;TLDR on that one?  I was watching with the sound off and I cannot for the life of me understand what the cyclist could have done to trigger the motorist...  They seemed to spend the entire video clip in two deparate lanes of the road/.

The cyclist was just as bemused as you, apparently he glanced back to check the position of the driver before pulling off and the driver seems to have decided that he was giving him the eye for encroaching on the ASZ. Word for word "Don't fucken look at me ya idiot. Yer staring at me 'cos I'm sitting here and it's dark right, and you're staring at me as if I've done something wrong, I cycle every single day of my life, stop being a knob."

Avatar
GMBasix replied to Rendel Harris | 1 year ago
6 likes

Rendel Harris wrote:

brooksby wrote:

Can I have the ;TLDR on that one?  I was watching with the sound off and I cannot for the life of me understand what the cyclist could have done to trigger the motorist...  They seemed to spend the entire video clip in two deparate lanes of the road/.

The cyclist was just as bemused as you, apparently he glanced back to check the position of the driver before pulling off and the driver seems to have decided that he was giving him the eye for encroaching on the ASZ. Word for word "Don't fucken look at me ya idiot. Yer staring at me 'cos I'm sitting here and it's dark right, and you're staring at me as if I've done something wrong, I cycle every single day of my life, stop being a knob."

I think he fell into something like the "what you lookin' at?" gotcha:

  • answer a) "I'm lookin' at you" --> physical attack
  • answer b) "Nothing" --> "oh, you think I'm nothing, do you?" --> physical attack
Avatar
chrisonabike replied to GMBasix | 1 year ago
2 likes

GMBasix wrote:

I think he fell into something like the "what you lookin' at?" gotcha:

  • answer a) "I'm lookin' at you" --> physical attack
  • answer b) "Nothing" --> "oh, you think I'm nothing, do you?" --> physical attack

The only way which might work is a confident side-step. Cheerfully saying "A man who needs a hug!" and then just calmly ignoring them while the small bit of not-yet-fully-primed-for-conflict brain tries to catch up and make sense of that is something I once observed having success.

Avatar
brooksby replied to Rendel Harris | 1 year ago
2 likes

Rendel Harris wrote:

brooksby wrote:

Can I have the ;TLDR on that one?  I was watching with the sound off and I cannot for the life of me understand what the cyclist could have done to trigger the motorist...  They seemed to spend the entire video clip in two deparate lanes of the road/.

The cyclist was just as bemused as you, apparently he glanced back to check the position of the driver before pulling off and the driver seems to have decided that he was giving him the eye for encroaching on the ASZ. Word for word "Don't fucken look at me ya idiot. Yer staring at me 'cos I'm sitting here and it's dark right, and you're staring at me as if I've done something wrong, I cycle every single day of my life, stop being a knob."

Thanks, Rendel.

Some people, eh...?

Avatar
Rendel Harris | 1 year ago
5 likes

Quote:

The legal classification of the bicycle in question turned out to be crucial in order to determine whether the victim was the driver of a ‘motor vehicle’ or whether he was entitled to automatic compensation as a ‘vulnerable road user’ under Belgian law.

Think "he was entitled to" should be changed to "his relatives are entitled to", given that the poor blighter's dead. Sensible decision from the court, as long as an ebike is limited to a speed that any reasonably fit able-bodied person is able to attain on a non-powered bicycle there is no reason to treat them differently in such circumstances.

Avatar
Moist von Lipwig replied to Rendel Harris | 1 year ago
3 likes

Good point. Should be categorised relative to the force of impact of its mass at the top speed it could potentially attain.

"" Moreover, that ‘boost’ function could be activated only after the use of muscular power (by pedalling, by walking with the bicycle or by pushing it)""

After all, motorised vehicles can also only attain their speeds after use of muscular power - from the arm/hand required to switch the thing on...

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