The UK remains stuck in a legal grey area when it comes to electric scooters. Despite discussions dating back to 2015, private electric scooters are still illegal on public roads, leaving riders frustrated and facing inconsistent enforcement. While rental scooters operate under trial schemes, progress toward a comprehensive electric scooter law has been slow. This 2024 update explores the current situation, what’s causing delays, and what the future might hold for electric scooter riders in the UK.
e-Scooter Law Update: A Step Forward Amidst Criticisms - July ‘23.
In a notable move “Zag Daily” reported that the Transport Research Laboratory (TRL) and Warwick Manufacturing Group (WMG) have secured a contract from the UK's Department for Transport (DFT) to shape the technical requirements for future electric scooter legislation.
While the move signals progress in modernising the UK's transport sector, it comes amid criticisms of regulatory delay and concerns about meeting climate change targets.
Context: UK's Slow Regulatory Progress and Climate Implications
The rise of e-scooters and other personal electric vehicles (PEVs) such as electric unicycles, electric skateboards and one wheels, presents not only regulatory challenges but also opportunities for reducing carbon emissions.
In 2015, Prime Minister Boris Johnson expressed his frustration with the UK's sluggish progress in legalising e scooter devices, stating, "Stop this ludicrous and nannying prohibition on the electric scooter-surfboard gizmos."
However, the slow regulatory response has implications beyond convenience and mobility. The delay in integrating electric scooters and other PEVs into the UK's transport infrastructure, might hinder the country's efforts to meet its climate change targets, given the potential of these vehicles to reduce carbon emissions.
The DFT Contract: A Late but Crucial Initiative
Despite the criticisms, the DFT contract is a crucial step towards electric scooters legal. TRL and WMG will work on establishing technical requirements for e-scooters by the end of 2023.
These standards are expected to be completed by mid-2024, communicated to manufacturers at the start of 2025, and implemented across the UK by the end of 2025.
Unraveling the Likely Approach of TRL and WMG
What will TRL and WMG be doing? Currently privately owned electric scooters are classed as “motor vehicles”. Although we don’t have specific details, it is likely the establishment of technical requirements for electric scooters willl be as follows:
Phase 1: Research and Analysis
To begin, TRL and WMG will likely embark on an extensive research and analysis phase, aiming to draw on global best practices for e-scooter regulation. This would involve studying successful models from other countries, understanding key safety and operational concerns, and factoring in unique local conditions and requirements.
Phase 2: Technical Standard Development
Following the research, the organisations are expected to formulate a comprehensive set of technical standards for e-scooters. These would cover crucial aspects like safety features, durability, maximum speeds, battery efficiency, and design specifications.
In developing these standards, they would need to strike a balance between ensuring public safety and enabling the benefits that e-scooters offer, such as mobility convenience and carbon footprint reduction.
Phase 3: Stakeholder Engagement
Once the technical standards are defined, TRL and WMG will likely engage with key stakeholders – manufacturers, local authorities, safety organizations, and e-scooter users. This would involve disseminating the new guidelines and gathering feedback to fine-tune the regulations.
Phase 4: Implementation and Monitoring
The final phase would involve implementing these regulations across the UK, possibly requiring legislative amendments. TRL and WMG would also likely play a role in monitoring the impact of these regulations, conducting ongoing reviews and recommending changes as necessary.
Impact on Existing e-Scooter and PEV Owners
Existing electric scooter, electric unicycle and other PEV owners will likely be directly affected by these new regulations. Subject to the scope of the new regulations, owners may need to adapt their vehicles to meet new standards concerning safety, performance, and durability. Restrictions may be applied to non-compliant models and requirements for vehicle registration and insurance may be introduced.
However, these changes also promise benefits, such as greater safety and legal clarity, which could boost the adoption of these eco-friendly vehicles.
The road traffic act 1988 remains in place as UK law stating that privately owned devices may only be ridden on private land, with the land owners permission.
The Bigger Picture: Climate Change Targets
Making privately owned electric scooters legal along with electric unicycles and other PEVs has far-reaching implications for the UK's climate change targets.
PEVs offer an environmentally friendly alternative to traditional modes of transportation, and their widespread use could significantly contribute to reducing greenhouse gas emissions.
However, the slow pace of regulation and subsequent delay in the widespread adoption of e-scooters and PEVs could put the UK's climate goals at risk.
By accelerating the regulatory process, the UK could potentially capitalise on the environmental benefits of PEVs sooner and make meaningful progress towards its climate commitments.
New York State implemented a temporary amnesty to encourage use of PEVs (electric scooters, bikes and other PEVs), during development of their regulations. Such an amnesty helped provide New York State with essential data regarding privately owned PEVs.
e Scooter Trials Status
UK rental e scooter trials will continue to run where relevant, until the current cut off date of 31st May 2024.
Conclusion: An Overdue Step Towards Sustainability
The collaboration between DFT, TRL and WMG signals progress, despite being overdue. The upcoming regulations will shape the future of electric scooters and PEVs in the UK, facilitating their safe, legal, and responsible use.
Although these standards are not expected to be implemented across the UK until by the end of 2025, we are not yet clear what the impacts are regarding the original 2024 legislative timescales.
More importantly, by promoting the adoption of these environmentally friendly vehicles, the UK has a chance to advance towards its climate change targets, even if the pace has been slower than hoped.
Let me know in the comments, your thoughts regarding current progress.
Electric Scooter Law Update: Transport Committee, May 2023
The Transport Select Committee held a session on 17th May 2023, where the Rt Hon Jesse Norman MP, Minister of State, Department for Transport, and Anthony Ferguson, Deputy Director for Traffic and Technology, Department for Transport provided updates on UK e scooter legislation.
The session focused on the future legislation, potential inclusions of other devices, reasons for legislative delays, safety considerations, and concerns about privately owned e-scooters and insurance.
Key Discussion Points
Future e Scooter Legislation
The minister expressed a need for more data before the Department for Transport (DFT) can propose any primary legislation. This data would inform a robust consultation process, where stakeholders could weigh in on several matters like insurance alternatives, safety measures, weight restrictions, and helmet use.
"We certainly don't have a consolidated basis of consultative evidence. And it wouldn't be normal practice for DFT to proceed without a pretty full consultation on this kind of issue, certainly not with primary legislation." - Rt Hon Jesse Norman MP
Inclusion of Other PEVs, Including E-bikes
In the discussion on other forms of transport that might be regulated, there was no specific mention of devices beyond electric scooters. However, the conversation around new legislation implied that it would apply to broader micro-mobility forms, potentially including e-bikes. The Deputy Director mentioned the "free floating model" prevalent in London, where e-bikes and e-scooters are used interchangeably.
Reasons for e Scooter Legislative Delays
Delays in legislation were attributed to the need for non-pandemic, large-scale usage data, and the importance of comprehensive consultation before legislation. This would include gathering more information on issues like helmet use, weight limitations, and insurance options. Jesse Norman MP emphasised the necessity for a "proper, settled public view" before they could legislate.
e Scooter Safety
Safety was a recurring theme throughout the session. Concerns were raised around the need for helmet use, the appropriate weight of electric scooters and e-bikes, and the potential safety risks to pedestrians and disabled individuals. The Minister acknowledged these issues and noted the necessity for further data and consultation. He suggested the need for additional safety equipment and even floated the idea of minimum age restrictions.
Privately Owned e Scooters
The issue of privately owned electric scooters was addressed in the context of regulation and enforcement. The minister and deputy director highlighted the complexity of enforcing rules around private e-scooters.
They acknowledged that law enforcement agencies may need to increase their activity in this area.
e Scooter Insurance
The session touched on the topic of insurance alternatives for e-scooter riders. The minister stated the need to consult stakeholders on this issue to get their perspectives, indicating that there are still discussions and considerations around this topic to be done before they can propose any legislative changes.
Concerns Surrounding e Scooters
The committee expressed frustrations about the slow pace of progress, with concerns that the UK was being left behind in e-scooter legislation.
Issues raised included the potential misuse of e-scooters in criminal activities and the impact on disabled individuals due to cluttered pavements and cycle lanes. The Minister noted these concerns and proposed solutions such as better enforcement, utilisation of digital tools for tracking, and local regulation of parking.
The session concluded with the emphasis on monitoring the current trials closely to learn from the ongoing qualitative data and addressing the challenges faced in these trial areas.
The Minister stated that they stand ready to have a conversation with the Home Office regarding further enforcement measures.
The committee looks forward to an update on the results from these trials, which will further guide the forthcoming legislation for e-scooters and possibly other micro-mobility devices.
"That's I would say as part of the qualitative learning that we're getting from the trials. So we talk regularly to the operators and the local authority areas taking part to understand what are the challenges they're facing." - Anthony Ferguson, Deputy Director for Traffic and Technology, Department for Transport
Summary
The Transport Select Committee session reiterated the complexity of implementing robust and comprehensive legislation for e scooters, potentially e-bikes and other micro-mobility devices.
While acknowledging concerns and challenges, it underscored the necessity for further data collection, consultation, and trials before any definitive steps can be taken in forming and enforcing a new set of laws. The Department for Transport aims to strike a balance between promoting innovative and sustainable transport methods and ensuring safety and order in public spaces.
The Minister and Deputy Director's responses throughout the session made it clear that the Department for Transport is considering multiple aspects of the issue — from the practical considerations of enforcement to the broader implications for public safety and the innovative transport industry.
The forthcoming legislation, guided by these discussions and the results of ongoing trials, will be a significant determinant in shaping the UK's micro-mobility landscape.
CLICK HERE for original video recording
Update
6th July 2023
Transport Research Laboratory (TRL) and Warwick Manufacturing Group (WMG) have secured a contract from the UK's Department for Transport (DFT), to shape the technical requirements for future electric scooter legislation.
CLICK HERE for more information.
Let me know in the comments below, if you found this update of interest.
Electric Unicycles Legal in the UK?: What You Need to Know
In recent years, electric unicycles have taken the UK by storm. These one-wheeled, self-balancing marvels are quickly becoming a popular mode of transportation, especially for urban dwellers. However, as the popularity of these devices soars, so too do questions surrounding the legalities of riding and owning them.
Introduction to Electric Unicycles
Electric unicycles are battery-powered, single-wheeled devices that riders stand on and control using body movements. They can reach impressive speeds and offer a fun, eco-friendly way to travel short distances. Despite their rising popularity, they still inhabit a grey area in terms of UK transportation laws. Understanding the legal landscape is essential.
Current Electric Unicycle UK Law
Privately owned electric unicycles (including Electric Scooters and Electric Skateboards) in the UK is governed by the Road Traffic Act 1988, section 34 and the Highway Act 1835, section 72.
Electric unicycles are legal to ride in the UK on private land with the land owners permission only. Privately owned electric unicycles are not explicitly permitted on public roads, cycle lanes or pavements.
Electric unicycles also fall outside the scope of the Electrically Assisted Pedal Cycle (EAPC) regulations. This is because they lack pedals and don't meet the necessary specifications.
In essence, electric unicycles occupy a legal grey area in the UK, with riders potentially facing fines, confiscation or penalties for using them in public spaces.
I’ll come back to this “Grey Area” further in this post.
Electric Unicycle Law Classification: EAPC Rules
To better understand the legal status of electric unicycles, it's helpful to examine EAPC regulations. These rules apply to electric bikes, which have a certain degree of legal recognition in the UK. EAPCs must meet the following criteria:
Be fitted with pedals capable of propelling the bike
Although it can be argued that pedals on electric unicycles do propel the device through leaning forwards, UK law enforcement also argue it’s the motor propelling the device, not the pedals.
Have a maximum power output of 250 watts
Unlike electric scooters, electric unicycles require additional power to keep the device upright (self balancing). This additional power requires more batteries making the device heavier. Coupled with the requirements to take a rider safely up inclines and provide reasonable range, electric unicycles are typically between 700 watts and 3500 watts.
Not exceed a speed of 15.5 mph (25 km/h) on electric power alone
It is possible to restrict an electric unicycle to 15.5mph via an accompanying app. However it could be argued that riding any device at this speed amongst 30mph plus traffic could pose a danger in itself. Having headroom for additional speed could help get a rider out of potentially dangerous situations.
Unless EPAC rules are changed, electric unicycles don't currently qualify as EAPCs and thus do not enjoy the same legal status.
Electric Unicycle UK Law Grey Area
As time draws on, more and more people are starting to accept Private Light Electric Vehicles (PLEVs) as a practical alternative mode of transport. Indeed such devices have been legal in many other countries for some time now.
Although it is currently illegal to ride privately owned electric scooters and electric unicycles on public roads, pavements and cycle paths, some electric unicycle and electric scooter riders appear to be having more positive interactions with their local Police force.
I wrote a post about how I was able to register my own electric unicycles with the DVLA, resulting in a valid V55 registration document and “Q” registration numbers.
Age and License Requirements for Riders
While EAPC rules don't apply to electric unicycles, UK government are considering including a minimum age and licence requirements for riders of electric scooters. Whether or not initial PLEV legislation will also include electric unicycles, remains to be seen.
Insurance and Vehicle Tax Obligations
Electric unicycles are currently legal in the UK, but only if ridden on private land with the landowners permission. As a result more insurance companies are starting to offer policies that cover PLEVs, when ridden legally. Such insurance might cover personal injury, theft, third-party liability and possibly damage to your electric unicycle.
It is also possible to include electric unicycles on house contents insurance policies as “Special Equipment”. Although electric unicycles aren't classified as motor vehicles, it's still wise to consider insurance. Comparing offers from different insurers will help you find the right policy for your needs and budget.
In terms of tax, given that electric unicycles can only be legally ridden on private land with the landowners permission, vehicle tax does not currently apply.
Safety Equipment
Safety should always be a top priority for electric unicycle riders. While the UK does not legally mandate any safety equipment for electric unicycle users, it's highly recommended to wear safety equipment for your own protection.
You never know what is going to unexpectedly leap out in front of you or if your electric unicycle experiences an electric issue, causing you to rapidly dismount.
The following safety equipment is essential for a secure ride:
Helmet
Benefits of wearing a helmet can be obvious, however a full face helmet or helmet with a safety tested chin guard can be essential when riding electric unicycles.
Wrist Guards
In the event of a fall one of the first things you are likely to do is stretch out your arms. Wrist guards will help protect wrists particularly from higher speed falls.
Elbow and Knee Pads
Guarding these joints can prevent scrapes, bruises, and more severe injuries that could result in potentially long and expensive recovery times. Padded motorcycle jackets are also popular.
High-Visibility Clothing
Making yourself visible to others is crucial, especially when riding in low-light conditions.
Reducing Risk of Negative Interactions
Experiences shared on social media is showing that wearing of safety equipment and good rider etiquette not only gets mainly positive responses from the public, but can also help with interactions with the Police.
Here are a few tips which may be particularly useful for newer riders:
Yield to Pedestrians
Always give right of way to those on foot and be prepared to slow down or stop if necessary.
Respect Other Users
Share the space with cyclists and motorists (if on a rental electric scooter), maintaining a safe distance and communicating your intentions clearly.
Stay in Control
Ride at a speed that allows you to safely react to any unexpected obstacles or changes in your path.
Follow Local Regulations
Be aware of any local bylaws or restrictions regarding electric unicycles and adhere to them.
Practicing a good riding etiquette, can help keep you safer, promote a positive image for electric unicycles and contribute to their acceptance in the wider community.
Future Law Changes for Electric Unicycles
New legislation for electric scooters is currently under review / drafting by the UK government. At time of writing, it is not yet clear whether or not other PLEVs such as electric unicycles will be included in the first round of legislation.
Current timescales as indicated by the Secretary of State for Transport is 31st May 2024, when the current electric scooter trials come to a close.
Fingers crossed for 2024!
Frequently Asked Questions
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Although insurance isn't legally required for electric unicycles in the UK, obtaining coverage for personal injury, theft, and third-party liability is highly recommended.
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Electric unicycles are currently legal to ride on private land, with the landowners permission. The Secretary of Department for Transport advised that electric scooter legislation should be in place by 31st May 2024. It is not yet clear if electric unicycles will be included.
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Helmets and safety gear are not legally mandated for electric unicycle riders in the UK, but wearing a helmet, wrist guards, elbow and knee pads, and high-visibility clothing is strongly advised for your safety and the safety of others.
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It is currently illegal to ride your electric unicycle on roads, cycle paths or pavements. If caught, you could face a fine, penalty points or even confiscation of your device.
Parisians Take Control: Rental E-Scooters Out, Private Ones In
Parisians have voted to ban rental electric scooters in their city, with almost 90% of votes in favor of the ban. This decision comes as a victory for road safety campaigners but a blow to scooter operators.
Privately owned electric scooters were excluded from the vote.
Despite the benefits of privately owned electric scooters, the decision to ban rental scooters in Paris comes after a rising number of accidents involving e-scooters. Critics argued that rental scooters caused more harm than good, with riders often not wearing helmets and children as young as 12 able to hire them.
Paris Mayor Anne Hidalgo called the referendum, allowing voters to decide on the fate of rental e-scooters in the city. The three main operators – Lime, Dott, and Tier – attempted to sway the vote by offering free rides on voting day and urging people to vote in their favor through social media.
While Parisians have voted to ban rental electric scooters, privately owned electric scooters remain unaffected. These privately owned scooters provide numerous benefits, such as increased safety, accessibility, sustainability, and cost-effectiveness.
Benefits of Privately Owned Electric Scooters
Privately owned electric scooters offer several advantages over rental electric scooters:
Safety: Owners of private scooters are more likely to use their scooters responsibly, reducing reckless driving and weaving through traffic. They may also be more inclined to wear helmets, increasing safety.
Accessibility: Private scooters are always accessible to their owners, eliminating the need to search for rental scooters or rely on their availability.
Sustainability: Privately owned scooters contribute to reducing the number of abandoned or improperly parked rental scooters that clutter pavements and public spaces.
Cost-effectiveness: Owning an electric scooter can be more economical in the long run, as there are no recurring rental fees.
CLICK HERE for Original BBC Article
Revolutionary Move: E-Scooters Now Legal in Victoria
Exciting news for e-scooter enthusiasts in Victoria! The e-scooter shared-scheme trial has been extended for another 6 months, and from April 5th, privately owned e-scooters can be used under strict trial rules across Victoria.
The trial of hire e-scooters in Ballarat and Melbourne was conducted to understand the safety implications of the transport mode, and now they will be monitoring how both hire and private e-scooters are being used.
The rules for privately owned e-scooters are simple: you must ride on shared-use paths and roads up to and including 60km/h, be over 16 years old, wear a helmet, not ride while under the influence of drugs or alcohol, ride up to a maximum speed of 20km/h, and not use your mobile phone or carry a passenger. Furthermore, you cannot ride on footpaths or use high-speed e-scooters that are capable of more than 25km/h.
To keep everyone safe, e-scooter riders must not carry passengers or animals, have proper control at all times, use a warning to avert danger, not ride two abreast, give way to pedestrians, and not lead an animal.
The trial found that e-scooters are a popular way to get around and there is a high demand from Victorians to be able to use them. Although the trial provided a significant amount of information, they need to ensure that e-scooters can be safely incorporated into the transport network on a long-term basis. Extending the trial with privately owned electric scooters will provide additional data to evaluate and inform future regulations.
In Victoria, there are about 100,000 e-scooters that are privately owned, and over the next six months, they will monitor how hire and private e-scooters are being used to ensure that the rules and regulations that are in place are fit-for-purpose and can effectively handle any safety concerns that may arise.
Their number one priority is the safety of everyone who uses roads in Victoria. So, let's ride safely and responsibly!
e-scooters in Victoria - Summary of trial findings March 2023
When Will Electric Scooters be Legal in the UK? - March ‘23 Update
Personal Light Electric Vehicles (PLEVs) including Electric Scooters, Electric Unicycles and Electric Skateboards are powered by lithium ion batteries and have become a common sight in many UK cities, offering a convenient and environmentally friendly way to travel short distances for both able bodied people and people with disabilities.
However, in the United Kingdom, their legal status remains a contentious issue. Despite their popularity, privately owned electric scooters (PLEVs) remain technically illegal for use on public roads, pavements, and cycle lanes.
This post, will cover the reasons behind this and provide an update surrounding the legalisation of privately owned escooters (PLEVs) to make them legal in the UK.
Current Electric Scooter Legislation
Separate from e-bikes, the legal status of privately owned electric scooters (including Electric Unicycles and Electric Skateboards) in the UK is governed by the Road Traffic Act 1988, section 34 and the Highway Act 1835, section 72. Rental scooters have been made legal for the purpose of the UK e-scooter trials.
Under these acts, e scooters (PLEVs) are classified as "powered transporters," which puts them in the same category as motor vehicles. As a result, e-scooters (PLEVs) are subject to the same regulations as cars and motorcycles, including requirements for tax, insurance, and registration.
However, e scooters cannot meet these requirements due to their design and lack of features like indicators, number plates, and rear view mirrors.
Consequently, they are not considered roadworthy and are therefore illegal to use on public roads, pavements, and cycle lanes.
Anyone caught riding a privately owned electric scooter (PLEV) on public roads can face fines, penalty points on their driving license, and even the confiscation of their device.
It is legal to ride electric scooters (PLEVs) on private land, with the landowners permission.
Safety Concerns
One of the primary reasons behind the UK's strict stance on electric scooters is safety. There have been several high-profile accidents involving e-scooters, some of which have resulted in fatalities.
However electric scooter (PLEV) incidents are significantly lower when compared to other forms of transport. A prior blog post “E-Scooters - Safer Than You Think!” demonstrated at time of writing, that PLEVs were no more dangerous than cycling.
Concerns have been raised over the scooters' maximum speed and their lack of safety features, such as lights and indicators, similar to that of bicycles.
Critics argue that without proper regulation and infrastructure, e scooters (PLEVs) pose a danger to pedestrians and other road users.
They contend that legalizing e-scooters (PLEVs) without addressing these issues would only exacerbate the problem and lead to more accidents.
The Ongoing Debate
The UK government is not oblivious to the potential benefits of electric scooters. In response to the growing demand for alternative, sustainable transportation methods, the Department for Transport launched a series of e scooter trials in 2020.
These electric scooter trials allowed rental companies to operate in selected cities under strict guidelines, with the aim of gathering data on e-scooter usage, safety, and their impact on public spaces. The West Midlands were one of the early adopters.
The trials were extended in some areas of the UK with all trials coming to an end on 31st May 2023.
Advocates argue that e-scooters (PLEVs) offer a greener, more efficient way to travel short distances, reducing congestion and air pollution in urban areas. Electric scooters (PLEVs) also help individuals with certain disabilities or injuries to regain their mobility.
They also point out that proper regulation, infrastructure, and public education can address safety concerns and help integrate e-scooters into the existing transportation ecosystem.
On the other hand, opponents continue to emphasize safety concerns and argue that the focus should be on improving public transport and cycling infrastructure instead.
They raise concerns about trial e scooters cluttering pavements when parked irresponsibly, creating hazards for pedestrians, particularly those with disabilities.
Privately e scooters which were excluded from the trials, do not clutter pavements, as owners will want to keep their expensive devices with them.
Current Legislation Affecting People with Disabilities
There has been a limited amount of success regarding electric scooters / PLEVs helping people with disabilities.
The DVLA has approved some V55 registration applications to have privately owned PLEVs (eScooters and electric unicycles) registered as “invalid carriages”, where no vehicle tax, MOT or insurance is required (though recommended).
However applications can be “hit or miss”, due to the current legal status of privately owned PLEVs / DVLA assessor.
Successful registration does not currently make the device itself legal in the UK.
Legalisation of Other PLEVs
What about other PLEVs such as electric unicycles, one wheels, electric skateboards etc.?
To date there has only been mention of electric scooters, when it comes to new UK laws.
The UK Government are aware of the existence of such devices, however it is currently unclear whether or not they will be included in the initial round of legislation.
To reduce future legislative workload, it would make sense for the government to ensure new legislation covers all current / future PLEV devices.
We will just have to wait and see.
The Path to Legalisation
New laws for privately owned electric scooters (PLEVs) in the UK will require updating existing legislation, developing new regulations specific to e-scooters (other PLEVs?), and possibly investing in infrastructure.
Public education campaigns may also be required to ensure their safe integration into the transportation system.
While the electric scooter trials have provided valuable insights into their potential benefits and challenges, it currently remains unclear exactly when the UK Government will move towards legalisation.
However we may now have an indication.
Potential Legislative Timescale
7th December 2022
The new Secretary of State for Transport advised that UK legislation of electric scooters has been pushed back to end of 2023 / early 2024.
15th December 2022
UK Government published a “National Evaluation of E-Scooter Trials Report” which indicated that trial data is continuing to be assessed, ahead of the new e scooter trials deadline of 31st May 2024.
We were hopeful of legislation being complete during 2024. However there have been some further updates since time of writing this original post:
28th March 2023
A PACTS (Parliamentary Advisory Council for Transport Safety) conference, communicated that their current ambition is to submit legislative proposals to Parliament in the first quarter of 2024.
17th May 2023
An update meeting by the Transport Select Committee, covered reasons for legislative delays, inclusion of other PEVs and privately owned devices.
CLICK HERE for more information.
Until then, e-scooter (PLEV) riders must continue to navigate the complexities of the law and be aware of the potential consequences of riding on public UK roads and pavements.
Electric Scooter Company Puts Pressure on UK Government.
Express newspaper
Rishi Sunak's Government faces pressure from leading electric scooter company Voi to set a clear date for legislation surrounding the industry. 30 areas across the UK have already implemented shared e-scooter schemes, helping to revolutionise sustainable transport options.
Over the past two-and-a-half years, Voi has seen 1.2 million people take 21.5 million rides, replacing 8 million car journeys. Delaying law changes any longer could put jobs at risk and hamper investment according to Voi.
Matthew Pencharz, Head of Public Policy for Voi, warns that legislation is needed to provide certainty and stability beyond 31st May 2024 when the trials are due to end. Legislation will enable more cities and towns to use electric scooters as a sustainable mode of transport, supporting industry growth and jobs/investment opportunities.
The Government has committed to creating a new, light zero-emission vehicle category for electric scooters. At the moment, UK regulations treat electric scooters the same as motor vehicles. This is in stark contrast to other European countries, where electric scooters are subject to lighter regulations due to their size, weight, power and speed being significantly lower than cars. A new vehicle category should make license requirements for micromobility more accessible.
Insurance for electric scooters should be brought in line with that of electric bikes. This would benefit both insurance companies and operators involved in the trials. Motor Third Party Liability insurance is currently required for all “motor vehicles”.
Voi advocated for updated Government guidance to provide more specific information on the management of electric scooter schemes. This would include the requirement of governance structures, data-driven decision making and local goals.
CLICK HERE for original Express Newspaper article.
UK Court Grants Electric Unicycle Rider Absolute Discharge
Vincent is a keen London based electric unicycle (EUC) rider who has been using his Kingsong 16X electric unicycle for commuting to work between East and West London. Vincent and his partner Louisa, have kindly given me permission to write up their experience.
Incident
After a year of riding, on 2nd February 2021 Vincent was stopped en-route to work by Londons’ Metropolitan Police. The Police issued Vincent with a penalty notice for riding with no valid driving licence for the vehicle, no insurance and contravening a cycle lane (although the latter was not brought to court) and seized his electric unicycle (EUC).
Rather than pay a fine and receive penalty points on his driving licence, Vincent sought legal advice from a solicitor and chose to plead “Not guilty”. Instead challenging the case nine months later at Lavender Hill Magistrates Court.
Evidence
In the nine months leading up to the case, Vincent and his partner Louisa were hard at work gathering evidence and seeking further legal advice. The evidence included the following:
Police
An email from Hampshire Constabulary (sent to Rob Hitch), confirming “electric unicycles would be classified under the same regulations as e-bikes:
Vincent contacted his local Police station in the hope of a similar response, but no response was received.
DVLA
Seeking clarification from the DVLA regarding licenses, an email response was finally received stating that the DVLA could not confirm whether there is/isn’t a license for EUCs available yet.
Original Seizure Letter
The original seizure letter stated that under no circumstances could the vehicle be collected without evidence of the valid insurance and licence. Yet Vincent was able to show that he successfully collected “the vehicle” with very few questions asked and certainly not presenting insurance or licence!
Reseller marketing material
The reseller evidence became key to Vincents’ defence. The reseller marketing material showed in court included:
Confirmation the reseller was a UK registered business, with a UK website.
Statements on the reseller website highlighting the many benefits of electric unicycles (EUCs) including “commuting”.
Reseller videos showing electric unicycles (EUCs) being ridden on public UK roads.
Court Appearance
Nine months later at Lavender Hill Magistrates Court, Vincent arrived with his legal representatives. The above evidence caused much confusion regarding the legal status of EUCs and their vehicle classification, with the case rapidly focussing on the seller.
There was enough evidence on the reseller website to convince the magistrate that the vehicle was being sold as a commuter vehicle for use on UK roads.
The magistrate asked if the videos of EUCs being ridden on roads were UK roads. to which the answer was clear. This contributed to the argument that Vincent was offending unintentionally.
In addition, Vincent explained to the court that he had been riding in prominent London hotspots, passed the Houses of Parliament and Scotland Yard police stations for many months. He was only stopped on one occasion at a tube station for not wearing a face mask. Whilst replacing his helmet with a face mask the policeman excitedly said he knew what the vehicle was and was curious how it worked and thought it was great.
Vincents defence also put forward a strong character reference saying that he had no points on his licence, wore the appropriate PPE, rode in cycle lanes and complied with the police. Also, the fact that the government were encouraging alternative modes of transport because of the pandemic, and he was doing what he could do to avoid infection because he was a key worker and his partner Louisa was clinically vulnerable.
The lack of insurance was the most serious crime being put forward.
The prosecution was drawing on previous convictions to make his case. The main argument which the defence solicitor presented a very strong case was the ‘special reason’ being allowed and how it was interpreted to use in this case.
The Police had video footage of Vincents riding, luckily the prosecution chose not to show it, as it would have been quite incriminating as when asked if Vincent knew he needed insurance, he said ‘there’s no insurance available’ and implied he knew they weren’t yet legal.
Without the video Vincent was able to steer away from his admission and blur the lines of various types of insurance i.e third party insurance/insurance for theft and convince the court that because he thought it was an e-bike there wasn’t a requirement to insure it.
He made the comparison of bicycle to e-bicycle and unicycle to e-unicycle, saying that the former don’t need insurance so why would he assume that an EUC did.
The resellers website refers to EUC's as “commuter vehicles” but Vincent rightly pointed out it's unlikely you'd ever commute on private land!
Vincent was able to show the court that the evidence showed that he was being “misled” and pleaded “Guilty with Special Reason”.
Judgement
The court found that it was totally acceptable that Vincent was unintentionally offending & issued an “absolute discharge’, meaning that ANY punishment was unacceptable and the case was closed with NO FINE and NO POINTS!
Vincent was then advised not to ride his EUC anywhere except on private land, with the land owners permission.
In conclusion, the defence had to convince that the magistrate that his crimes, focusing on insurance, qualified as a ‘special reason’, which was successful!
Summary
Vincent was strategically advised to plead “Not Guilty” first. If he had pleaded guilty, Vincent would automatically been issued a fine and points. Pleading not guilty gave more time before it the trial, to make a case.
Vincent & Louisa also hoped that in the time between his plea and the court date, the CPS might drop the case thinking it might not be worth the effort.
Pleading “Guilty” with special reasons was done a week before the court date with the assumption that Vincent wouldn’t get off with “Not Guilty”, and that they should aim for lesser penalties, with the best case scenario being let off with a special reason.
It was an expensive and time consuming exercise with a positive outcome. Vincent used the following solicitors for his case: http://www.motorlawyers.co.uk/ (Alan) and court representation via Alan’s recommendation.
Always seek professional legal advice before bringing a case to court.
Have you had a similar positive outcome? Let us know in the comments below.