Across the UK, e-scooter trials are taking place to gather data and inform the government’s decision-making. This article takes a closer look at safety, current regulations, and what the government has said so far about their plans.
1. E-scooter trials
Whilst it is legal to buy and sell e-scooters, there are limitations on where they can be used. Retailers are obliged to ensure that consumers are given sufficient information when purchasing an e-scooter and are not misled. It is lawful to use e-scooters on private land with the landowner’s permission.
At present, e-scooters fall within the legal definition of a motor vehicle. This means they would need to comply with the requirements motor vehicles must meet in order to be allowed to drive on roads, including insurance; technical standards; payment of vehicle tax, licensing and registration; driver testing and licensing; and the use of relevant safety equipment. E‑scooters do not meet these requirements. It is also illegal to use them in spaces set aside for pedestrians, cyclists or horse-riders, including pavements and cycle lanes. Anyone found committing these offences could be prosecuted and receive a penalty ranging from a fine to imprisonment. The UK laws that apply to these criminal offences are the Road Traffic Act 1988 and the Highway Act 1835. The exception to this is when e-scooters are rented as part of an official trial.
In answer to a written question on 23 June 2022, Trudy Harrison, parliamentary under secretary of state at the Department for Transport, set out the current regulations which apply to the public use of e-scooters via trials:
As motor vehicles having fewer than 4 wheels and weighing less than 410 kg unladen, e-scooters are classed as motorcycles as defined in Section 185 of the Road Traffic Act 1988 and, because of their low speed, within the subclass of moped. This means that e-scooters have to abide by the same road traffic legislation as mopeds and motorcycles.
The Electric Scooter Trials and Traffic Signs (Coronavirus) Regulations and General Directions 2020 (SI 2020/663) were introduced to allow the e-scooter trials to take place. The regulations remove or relax requirements for rental e-scooters being used in a permitted trial area, in a way which is proportionate to the vehicle type, to enable trials to take place on public roads.
The Traffic Signs (Coronavirus) (Amendment) (England) Regulations 2021 (SI 2021/75) further refined the application of the TSRGD to e-scooters being used in a trial to clarify where e-scooters are permitted for use within defined trial areas.
The Electric Scooter Trials and Traffic Signs (Coronavirus) Regulations and General Directions 2020 came into force on 4 July 2020 and amended UK law to enable the rental e-scooter trials to take place. As at the end of October 2021, the government said there were 22,644 rental e-scooters available across all trial areas. Trials were intended to run for 12 months from the point they commenced in each area, with the possibility of extension with local or national government agreement. On 24 December 2021, the Guardian reported that the government had extended several trial areas to November 2022.