E-Scooters – The Law as It Stands

The rental E-scooter trial, currently running in 22 regions across the United Kingdom, has been extended until May 2026. Let’s explore the rules for both private and rental E-scooter use and what they mean for anyone injured by them. 

Are E-Scooters legal? 

Currently, people use privately owned E-scooters illegally on public roads. The courts have ruled that E-scooters qualify as motor vehicles, so they must follow the same rules and requirements as cars or motorcycles. 

Government guidance classifies E-scooters as ‘powered transporters,’ putting them in the same category as segways and hoverboards. This classification means that, like motor vehicles, you cannot ride an E-scooter on footpaths or pavements. E-scooters must also have an MOT, tax, licensing, and meet specific construction standards. Additionally, riders must have valid insurance, though obtaining insurance for privately owned E-scooters is not possible at the moment. 

Where can you legally ride an E-Scooter? 

Outside trial areas for rental E-scooters, you can only use them legally on private land with the landowner's consent. Using an E-scooter in public spaces may lead to seizure under Section 165 of the Road Traffic Act 1988 for lack of insurance. The police can also prosecute riders for not holding the appropriate license. Without meeting all legal requirements, using an E-scooter on roads, pavements, or cycle lanes remains illegal. 

Despite the illegality of using private E-scooters on public roads, authorities still consider riders as road users. They must follow the same rules as cyclists or drivers. Unfortunately, most E-scooter users have little or no experience driving on the roads and, in many cases, do not hold a license. 

The legal risks of modified E-Scooters 

E-scooters are legally required to have a maximum speed limit of 15.5 mph, but many privately owned models are being illegally modified to reach speeds of up to 60 mph. These modifications violate UK law and significantly increase the risk of accidents, leading to severe legal consequences for riders. Police have seen a surge in seizures of dangerously modified electric bikes, with over 1,000 confiscated last year compared to 511 the year before, highlighting enforcement of laws around illegal modifications. Anyone found riding a modified E-scooter could face fines, prosecution, or liability if involved in an accident. 

Safety concerns 

Provisional government data provides insights into E-scooter collisions up to June 2023: 

• There were 1,269 collisions involving E-scooters, compared to 1,462 in the year ending June 2022. 

• Of these, 276 involved only one E-scooter with no other vehicles (single-vehicle collisions), down from 364 the previous year. 

• There were 1,077 casualties among E-scooter users, compared to 1,188 in the previous year. 

• Seven E-scooter riders died in collisions, down from 12 in the year ending June 2022. 

During the initial stages of the rental trial, rental E-scooter collisions occurred more frequently in 2021 than pedal cycle collisions. Training courses can help users familiarise themselves with E-scooters and reduce collision risks. The dangers E-scooters pose on roads are likely similar to those of pedal cycles. 

Insurance and injury risks 

Currently, only rental E-scooters offered through schemes are likely to have insurance. If an uninsured E-scooter causes injury, the Motor Insurers' Bureau may compensate the injured party. If privately owned E-scooters become legal on public roads, insurance companies must offer policies for riders. 

 The current position therefore is that if you are in collision with a privately owned scooter on a public road (as a pedestrian or vehicle driver) that scooter will not have insurance in place to cover any claim that may arise. If the Motor Insurers’ Bureau were to receive an increasing number of claims as a result then this will inevitably impact on insurance premiums in the future. 

 

At Clarke and Son we can advise both e-scooter owners and individuals who come into contact with the scooters on issues such as liability, the insurance position and consequential financial implications. 

For legal support, contact our Dispute Resolution team today at mail@clarkeandson.co.uk or call us on 01256 320555 to schedule a consultation.