Motorised chilly bin ruled a vehicle

The ‘‘harmless fun’’ of riding a motorised chilly bin in a public car park could cost a Southland truck driver his livelihood, he says.

Daniel William Hurley, 24, pleaded guilty in the Alexandra District Court yesterday to driving a chilly bin with a breath alcohol level of 540 micrograms in Cromwell on October 20.

His case was stood down in December after Judge Kevin Philips questioned whether a motorised chilly bin could be classed as a motor vehicle.

Defence counsel Justine Baird said the chilly bin ‘‘falls through the gaps’’ but, after discussions with police and further research, it was determined it was a vehicle.

‘‘It was not developed to be used as a motor vehicle but because you can sit on it and ride on it and it was used on a road – it’s a vehicle.’’

Hurley said outside court that he was disappointed and shocked the chilly bin was classed as a motor vehicle and what had been an innocent ‘‘bit of fun’’ had now put his livelihood on the line.

‘‘It was just an average size chilly bin on four wheels and a motor was on a frame on the back and a steering arm on the front . . . The motor would not have been over 49cc.’’

He had had a few beers, then went to a bar in the mall where he decided to ride his friend’s motorised chilly bin in the car park.

‘‘It is hard to understand how it’s a motor vehicle.

‘‘It’s not registered, warranted and I wasn’t flying down the road. What I thought was harmless fun could now possibly affect my livelihood.

‘‘I have never heard of anyone getting done for something like this until now.

‘‘It was just a silly mistake that could cost me everything,’’ he said.

Judge Emma Smith remanded Hurley for sentence on April 2 to give his lawyer time to persuade the court to not disqualify him from driving given the ‘‘serious ramifications’’.

In December 2017, a Taranaki man blew 538mcg while riding on top of a motorised chilly bin in New Plymouth.

He was convicted and fined $500, but no driving disqualification was imposed.