Electric Scooter Offences

Electric scooter (or ‘e-scooter’) offences are becoming more commonplace and debated in the UK as this mode of transport grows in popularity. Whilst many e-scooter rental companies exist, there is still uncertainty as to when and how these may be used legally. Navigating the potential offences on an e-scooter is often complex and can cause considerable confusion. This article will provide clarity on the relevant offences linked to the use of an e-scooter and what options are available to you should you be charged.

What is an E Scooter?

E-scooters are commonly referred to as powered transporters, being transport devices which are powered by a motor. Powered transporters are mechanically propelled as well as or instead of being manually propelled. Importantly, they fall into the category of ‘motor vehicle’ as it is defined within the Road Traffic Act 1988.

Unlike other forms of motor vehicles, such as cars and motorcycles, e-scooters are not fully legal for general public use on UK roads.

E-scooters are also distinct from Electrically Assisted Pedal Cycles (EAPC’s) which fall under different rules.

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Privately Owned Or Rented Electric Scooters

There are two main categories to consider when dealing with e-scooters:

1. Privately owned e-scooters
   1. Privately owned e-scooters cannot legally be driven on public roads, pavements or even in cycle lanes.
   2. Scooters owned privately can be used on private land.
2. Rented e-scooters
   2020. Certain areas in the UK have been given authority to trial rented e-scooters since a change in legislation in 2020.
   2021. Unlike privately owned e-scooters, rented scooters can be used on public roads and in public places just like other forms of motor vehicles.

E-scooters are presently (as of 2024) being trialled in the following locations:

• Bournemouth and Poole
• Buckinghamshire (Aylesbury, High Wycombe and Princes Risborough)
• Cambridge
• Essex (Basildon, Braintree, Chelmsford and Colchester)
• Gloucestershire (Cheltenham and Gloucester)
• Liverpool
• London (participating boroughs)
• Milton Keynes
• Newcastle
• North and West Northamptonshire (Northampton, Kettering, Corby, Wellingborough, Rushden and Higham Ferrers)
• North Devon
• Norwich
• Oxfordshire (Oxford)
• Salford
• Slough
• Solent (Isle of Wight, Portsmouth and Southampton)
• Somerset (Taunton, Minehead and Yeovil)
• West Midlands (Birmingham)
• West of England Combined Authority (Bristol and Bath)

Requirements To Use an Electric Scooter

As e-scooters are considered motor vehicles you must hold either a full or provisional UK licence in order to use one. In order to use an e-scooter you must be entitled to drive vehicles under category Q or category P/M.

If you are a provisional licence holder there is no requirement to display ‘L’ plates as there would be on other types of vehicle.

In addition, anyone using an e-scooter must have a valid policy of insurance. Obtaining a private policy of insurance on an e-scooter is not currently possible as privately owned e-scooters cannot be used on public roads. The issue of insurance is resolved when using rented e-scooters as the provider will include this within the rental. It is also a requirement for you to be aged 16 years or older.

Owing to the requirement that the e-scooter be used in conjunction with a rental provider, it is extremely important that you only use the e-scooter that you have hired with the company that you have created an account with. The relevant rental companies will use the inputted information to provide insurance and ensure your compliance with any requirements. A failure to do this may lead to a charge being brought against you or another.

Importantly, in order to use an e-scooter legally you must also comply with all other rules and regulations of the road.

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What Offences Can Be Committed On An E-Scooter?

E-scooters are treated as any other vehicle on the road and as such the offences that can be committed on them are, for the most part, the same as offences that can be committed in a car.

Whilst there is a whole range of offences that motorists can commit, the most common for e-scooters are:

• Riding without a licence;
  • This is quite common as private e-scooters can be purchased with little difficulty in the UK, including by those who have not yet obtained the necessary licence to use an e-scooter publicly.
• Riding without insurance;
  • Once again, this offence is common as any private e-scooter will lack the necessary insurance. There may also be certain circumstances in which insurance is voided by the manner in which the e-scooter is used, if you aren’t licenced then you may also fail to be insured.
• Riding whilst under the influence of drugs or alcohol.
  • Rented e-scooters are easily accessible in town and city centres and many people will look to use these forms of transport in order to get home after consuming alcohol. Unfortunately, there is little advice surrounding the use of e-scooters and people are therefore unaware that they cannot be used whilst under the influence.

Most offences on e-scooters are committed when individuals are using privately owned scooters. This is mainly due to the fact that rental providers put a series of safety measures in place including the requirement that you provide a copy of your licence before being able to use the e-scooter.

Despite the above, motorists can still commit offences on rented e-scooters and must therefore ensure to comply with the Highway Code, rules of the road and ensure to ride carefully and competently.

The safest approach is to treat the use of an e-scooter the same as you would for any other vehicle being used on a road or public place.

Should you be charged with a motoring offence you should seek legal advice on the next steps to take. Many of the motoring offences you could be charged with are discussed within separate blogs and you may wish to visit these pages for additional information.

What Are My Options If I Am Charged?

It can be particularly surprising if you are charged with an offence whilst using an e-scooter, especially when that offence could lead to the imposition of penalty points, fines and even disqualifications from driving/riding.

It is most likely that any charge will begin by way of the Single Justice Procedure Notice (SJPN). This form will give you the option to enter a guilty plea either in writing or at court or enter a not guilty plea to have the matter listed for trial.

As with any motoring offence you have the ability to challenge the charge brought against you. For offences committed on e-scooters, the most common defence is one of factual denial. This specific defence or factual denial will be tailored to the case in question.

Alternatively, you may wish to enter a plea of guilty and mitigate the sentence. This approach is of particular value when the driver is at risk of disqualification or revocation.

Charged with an electric scooter offence?

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Having Your E-Scooter Seized 

If you keep your privately owned e-scooter on private land and away from public roads then there is no reason that you would have this seized by the police.

However, should you be stopped with a private e-scooter on a road or in a public place it is likely that this will be seized by the authorities. Any vehicle seized in this manner would usually need to be recovered from the ‘police impound’ and It costs to do this.

Why Are Electric Scooters Not Yet Fully Legal?

Whilst there is no definitive answer as to why e-scooters have not yet been legalised, it appears that there are three main factors influencing the government’s decision.

1. Health & Safety
   2022. E-scooters are becoming increasingly involved in road traffic collisions with 1,402 recorded in 2022.
   2023. The lack of protective gear worn by users of these vehicles further contributes to the risks posed and the potential for injury or even death.
   2024. The versatility of e-scooters also creates a level of unpredictability on UK roads with riders feeling comfortable to weave in between traffic and to mount and dismount curbs, walkways and pavements with ease.
2. Regulatory Challenges
   1. In order to properly regulate the use and safety of UK roads and the vehicles that use them there has to be firm legislation in place.
   2. E-scooters fall within the category of ‘motor vehicles’ but cannot yet be governed in the same manner.
   3. There are no insurance policies available for individuals to purchase for e-scooters and as such there is a lack of protection not only for the user of a private e-scooter but also for other road users.
   4. E-scooters are not required to be taxed and so do not contribute to the maintenance of UK highways and roads. It is, at this stage, extremely difficult for the government to determine how these vehicles should be taxed.
   5. Other vehicles such as cars and motorcycles must complete a yearly MOT test (once the vehicle is 3 or more years old) in order to ensure roadworthiness. There is not yet in place a relevant MOT check for these vehicles.
3. Infrastructure Deficiencies
   1. The emergence of e-scooters has been extremely fast and the UK road networks have not yet managed to catch up.
   2. Due to the clear discrepancies between e-scooters and other vehicles, there should be dedicated lanes for their use. Unfortunately, these do not yet exist.
   3. There is presently a great concern as to how e-scooters could impact traffic being that they are far quicker than pedestrians whilst also being far slower than other vehicles. An influx of e-scooters could create widespread traffic issues and delays.

It may be the case that the UK embraces the use of these vehicles and follows suit of countries such as France and Germany.

Contact Caddick Davies Solicitors today
Send us a message or call us on 0333 443 2366 for friendly advice

Conclusion

Electric scooter offences and the surrounding legislation appears to be evolving and developing as the UK trials are being reviewed. Despite this, the law currently remains the same in that the only legal way to use an e-scooter in public is to do so through a rental scheme authorised by the government.

You may have seen some of these rental companies throughout your local town or city including Voi, Ginger, Lime, Zwings and Zipp to name a few.

Charges relating to the use of e-scooters are rarely straightforward and can often benefit from robust defences or mitigation. Because of this, expert advice can be vital in securing the best outcome.

If you are looking for expert legal advice relating to any of the above issues then please contact our office on 0151 944 4967 for a free consultation.

Charged with an electric scooter offence?

Contact Caddick Davies today for expert advice

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Neil Davies

Motoring Lawyer at Caddick Davies Solicitors

Caddick Davies is recognised as one of England and Wales’ leading motoring law firms, offering specialist Speeding Solicitors, Drink Driving Solicitors & Dangerous Driving Solicitors.We provide advice and representation on all motoring offences including speeding, the avoidance of disqualification on penalty points or “totting up” (exceptional hardship), driving without due care and attention (careless driving), dangerous driving, drink driving, as well as a range of services related to medical revocation of a driving licence.

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