THE status of trendy motorised scooters is about to go on trial - quite literally.

The issue of whether the motorised scooter can be classified as "a vehicle" will be decided in crown court after a North-East enthusiast was charged for using one on a road.

Restaurateur Michael Saddington, from Middlesbrough, was charged with driving without insurance and road tax after driving his motorised scooter on the roads of North Yorkshire.

But magistrates in Harrogate cleared him of the offences, deciding that the scooters - which travel at about 10mph - should not be treated like motor vehicles, such as mopeds and motorbikes.

But the Crown Prosecution Service (CPS) has appealed against the decision and it will have to be decided by a judge.

Police believe several similar cases around the country have now been put on hold to await the judge's ruling.

Part of the problem seems to be that the motorised scooter, despite its tiny engine of about 12cc, is largely seen as a toy, used by adults and children.

But, according to police and the Government, motorised scooters are still officially classed as their more familiar larger brothers, the moped - requiring road tax, insurance, driving licences and crash helmets.

However, the law becomes confused because they fail to meet construction guidelines for motor vehicles. Under this interpretation, they should not be treated as motor vehicles for tax reasons, but should be banned from the road for safety reasons.

This is what the CPS wants cleared up.

The Department of Transport and the Regions is awaiting the outcome of the High Court decision, so guidance can be given to magistrates.

Inspector Mick Bennett, head of Cleveland Police traffic department, promised his force would prosecute motorised scooter users on the road or pavement.

Insp Bennett said: "Whatever the interpretation of the law by magistrates, it remains illegal to use these motorised scooters on the road.

"My main concern is they are dangerous and unstable. The wheels are too small to cope and people will easily lose control.

"Also, they don't have brakes or, lights, and people don't seem to think it's necessary to wear crash helmets.

"So we warn people they will be prosecuted if they ride these machines on the road or pavement in Cleveland."