Deliveroo rider who killed cyclist while riding an illegally modified e-bike given community service and four-year driving ban

A Deliveroo rider who was using an illegally modified e-bike when he was involved in a fatal collision with a cyclist has been sentenced to community service and a four-year driving ban.

The collision took place in East Street, Leeds, in April 2022. 22-year-old Oury Amadou Diallo, a food delivery worker, was riding his motorised bike on the pavement while looking at his Sat Nav device when he crashed into Vincent Cullinane, 51, who was cycling in the opposite direction. Mr Cullinane died 19 days after the crash.

The court heard that Diallo had fitted a motor to his bike, making it capable of reaching speeds of 32mph, although it was not activated at the time of the collision because the battery was drained. However, it was deemed not possible to calculate the speed from the CCTV footage.

The BBC reports that Diallo, of Meynell Approach, Holbeck, told the court that he was advised to purchase a motor to fit into his e-bike by other riders also working for food delivery apps. He said that he had not seen Mr Cullinane approach because he had been looking at the Sat Nav and had tried to swerve.

Prosecuting, Michael Smith said Diallo only held a provisional driving licence and had been working for Deliveroo at the time of the collision. He was not licenced to drive the modified vehicle and had not undergone basic training required before riding a motorcycle on roads.

Mitigating, Graham Parkin pointed out that Diallo, who had moved to the UK from Guinea in 2021 to live with his father, had no previous convictions and was “working hard” to support his family.

He added that Diallo accepted he had not read the instructions for the motor properly but had tried to assist the injured cyclist at the scene.

Mr Cullinane’s family, including his brothers, his son, and his mother, had written victim statements in which they said he was “much loved and missed” by them. They also mentioned that he “loved cycling” and “would cycle everywhere”.

face mask - deliveroo x cambridge face mask 2.PNG (credit: road.cc)

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Judge Mushtaq Khokhar sentenced Diallo a seven-month prison sentence, suspended for 18 months, and said it was a “serious and tragic” case. He also pleaded guilty to driving without a licence and insurance. 

Diallo was also ordered to carry out 200 hours of community service, 15 rehabilitation activity days and to pay £1,000 in costs. He was banned from driving for four years.

Judge Khokhar told the court there was “very little difference” in the culpability of both riders but that if Diallo had been on the road and licensed, then Mr Cullinane’s death could have been avoided.

He said that “neither of the men had the right to be on that pavement”. He added that they should have taken greater care due to the blind bend and not having clear sight ahead at the time of the crash.

The judge added that the sentence would “do nothing in any way either to lessen the grief” suffered by Mr Cullinane’s family.

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A Deliveroo spokesperson said it was a “tragic incident and our thoughts are with Mr Cullinane’s family and friends”.

They said: “Road safety is a priority for Deliveroo and we condemn the use of illegally modified e-bikes. If Deliveroo discovers a rider is using an illegally modified bike, we will stop working with them.

“All riders must meet safety standards, follow local traffic laws, and complete a programme of road safety guidance at onboarding.

“If incidents are reported to us involving riders, we investigate and work with the authorities to take appropriate action.”

According to the UK regulations, any bike that continues to provide motor assistance after reaching speeds greater than 15.5mph and has power output exceeding 250 watts is classed as a motor vehicle and is therefore subject to the Road Traffic Act.

Recently, the BBC came under fire for its Panorama episode hosted by Adrian Chiles, titled ‘E-Bikes: The Battle For Our Streets’, which took aim at the apparent culture war focused on e-bikes. However, the broadcaster didn’t differentiate between mopeds, illegal motor-powered vehicles, illicitly modified e-bikes, and legal e-bikes.

The episode was blasted by cyclists, who accused the BBC of “attacking” e-bikes in a “fishy, fearmongering” episode “littered with inaccuracy, misinformation, and bias” and painting “crime-ridden, apocalyptic vision”.

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Despite the BBC claiming their reportage of the issue was “fair and impartial”, many cyclists and those in the industry expressed a contrasting view. Just days after the episode’s airing, the Bicycle Association (BA), the national body representing the cycling industry in the UK, lodged a formal complaint with the broadcaster.

A few days later, the owner of an e-bike shop in south London also branded the programme as “troubling” and “misleading”, with the potential to “unfairly influence public opinion and undermine the efforts of responsible retailers who prioritise safety, respectful riding, and adherence to the law”.