KNOW YOUR RIGHTS
At Patterson Law we have had an increasing number of enquiries in relation to allegations of ‘driving otherwise in accordance with a licence’ and using a vehicle without insurance in relation to the use of privately owned e-scooters. But are they legal, can anyone use them and what are the implications for the trade? Currently, the law is complicated and the use of e-scooters is generally prohibited. But the government is now trialling e-scooters in some UK cities and depending on the outcome of those trials is proposing new laws which will change the face of transport in cities as we know it.
THE CURRENT LAW ON E-SCOOTERS Is an e-scooter a motor vehicle?
Currently there is no regulatory framework specifically for - e-scooters, so they tend to fall within the legal definition of a ‘motor vehicle’ as they have an electric motor. The Road Traffic Act 1988 (RTA) defines a motor vehicle as “any mechanically propelled vehicle intended or adapted for use on roads”. This covers a variety of personal transport devices which are mechanically propelled:
In the case of DPP v Saddington [2000] the High Court found that a Go-Ped, which is a scooter powered by an inter- nal combustion engine, was a motor vehicle in the statutory framework. The rider in this case was therefore required by law to have a driving licence and insurance when using one on the road. Winter v DPP [2002] considered the use of a ‘City Bug’ electric scooter, and whether its user was bound by the compulsory insurance requirements. It found that it was, and that the appellant had been properly convicted of the offence of driving a vehicle without insurance. Further to this Segways were considered ‘motor vehicles’ in Coates v Crown Prosecution Service [2011].
So generally, e-scooters are considered as ‘vehicles’. But electric bikes (EAPCs) and mobility scooters are different and are governed by their own statutory framework.
EPACs are pedal cycles that can be propelled by both pedals and an electric motor, and have their own specific law. Generally, it will only be considered a ‘motor vehicle’ if it is capable of being propelled at more than 15mph, exceeds 40kg or has a power output of greater than 250W.
Similarly, mobility scooters have their own legislation designed to allow the use of electric vehicles specifically designed to transport sick and disabled persons, and so are also not classed as ‘motor vehicles’ under the RTA.
But an e-scooter is adapted for road use and therefore to be 86
used on a road or a public place lawfully it must meet several different requirements. These include having the correct licence and insurance; paying vehicle tax and adhering to the same safety criteria as other motor vehicles such as fully func- tioning brakes, lights, indicators, and correct and safe tyres.
Can people use e-scooters if they meet these requirements?
Yes – but only if a person can meet the requirements that apply to motor vehicles.
However, users will no doubt find difficulty in meeting various (and complicated) safety and registration requirements, as well as insuring them. Additionally if they are not ridden safely, riders can be charged with the same offences as they would be if driving a car or riding a motorbike such as dangerous driving, driving without due care and attention, driving whilst using a mobile telephone and drink/drug driving.
Can e-scooters be used on the pavement?
No. It is an offence to use an e-scooter on the pavement under section 72 Highway Act 1835. This rule applies to almost all vehicles, with special legal exceptions for mobility scooters and wheelchairs.
In addition, e-scooters are forbidden from using footpaths. A footpath is a public right of way over land which may only be used on foot (as opposed to a bridleway or a carriage- way). Mechanically propelled vehicles are forbidden from using footpaths by section 34 RTA.
What about in a cycle Lane?
No. E-scooters are prohibited from using cycle tracks, cycle lanes on roads, or other spaces dedicated to pedal cycle use only (s.21(1), RTA). EAPCs and mobility scooters are exempt.
What about private land?
Yes. However, for this purpose the RTA states that private land can only be private if it is not accessible to the public. Spaces which might be thought of a private such as car parks, public squares, privately-owned roads, industrial estates, and university campuses are not always classed as private land as the general public have access to them. Whether land is public or not is a complicated legal issue, and every case is considered on a case-by-case basis.
Trials
The Government is currently running a scheme where peo- ple can ride a rented e-scooter. At the conclusion of this scheme the government is proposing to amend the legisla- tion, so e-scooters have a specific regulatory framework.
JULY 2021
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