It's interesting. I think it's hard to say whether the rickshaw driver would be captured, because of the point Mr. Wilks has made with respect to the definition of motor vehicle. If the courts read “vehicle” in a more expansive way than “motor vehicle”, to include vehicles that are propelled by muscular power, then yes, I think it would be. If the courts try to read this in a way that is more limited and consistent with the definition of motor vehicle, then they might well exclude it. I think the other point to make is that the courts will always have the ability to consider any factor as aggravating or mitigating.
On December 2nd, 2014. See this statement in context.