Most of us may have shared a similar experience where we would be walking down a high street and an e-scooter rider zooms past, avoiding a near-hit encounter, only just. We would not have noticed these extremely quiet vehicles creeping up behind us, even though some of these powered machines can reach speed in the excess of 25 mph.
The rise of e-scooters meant the need for regulation and government intervention. As things stand, the government are trialling e-scooters in over 30 different locations. The Covid pandemic brought the trials forward because it was believed that e-scooters offer people a way of getting around at a social distance. Whilst the outcome of the trial is eagerly awaited, it is important that we are aware of the law surrounding e-scooters.
Are e-scooters illegal?
Yes and no.
Rental e-scooters are legal to use and the law relating to privately owned e-scooters remain unchanged. What does this mean?
Well, there is currently no specific law for e-scooters, so they are recognised as “powered transporters”, falling under the same laws and regulations as motor vehicles under s185 of the Road Traffic Act (RTA) 1988.
Therefore, it is illegal to use nonrental e-scooters on public roads unless the RTA 1988 requirements are complied with. Some of those requirements being tax, MOT, licensing, lighting, number plates and signalling capabilities.
It is also illegal to use e-scooters in spaces that are set aside for use by pedestrians, cyclists and horse-riders, and this includes on the pavement (illegal under s72 Highway Act 1835) and in cycle lanes (illegal under s21(1) RTA 1988). The reality is that unless potential users can comply with the legal requirements, the use of e-scooters should be limited to private land with the permission of the landowner.
The consequence of a person who rides an e-scooter in breach of the law are that:
- they could face a fine
- they could get penalty points on their licence
- their e-scooter could be impounded
Other requirements such as wearing helmets can be found on the Gov website.
Can I make a claim for compensation against an e-scooter rider?
Despite e-scooters being banned on the roads, their popularity will inevitably result in further collisions. Pedestrians and other road users can be vulnerable around negligent e-scooter riders. If you are a victim of an e-scooter collision, you may wish to seek compensation for injuries and losses you incur as a result of the collision.
If the e-scooter was a rental, the rider is likely to be insured. In such circumstances, the insurance company would be subject to the claim and the claim itself would be like any other RTA personal injury claims.
In cases where the rider of a rental e-scooter has fled the accident scene without exchanging details, a claim may be made to the Motor Insurers’ Bureau.
The difficulty is when the e-scooter is privately owned and was being used contrary to the law. In those circumstances, it is unlikely that the rider will have insurance to cover a claim which will prove to be challenging when it comes to recovering damages and costs. For instance, it might be necessary for the victim to bring about a private claim against the e-scooter rider so long as they have financial means to compensate and reimburse the legal costs of any claim.
If you have been involved in an accident similar to the above, it is recommended that you seek advice from a specialist personal injury solicitor.
Can I claim compensation as an e-scooter user?
If you are involved in an accident whilst using a privately owned e-scooter in public places and suffer injuries, you are unlikely to succeed in making a claim. As mentioned above, it is illegal to ride a privately owned e-scooter in public places. If you are found to be riding a privately owned e-scooter, the police may treat you as committing a criminal offence and you may receive a £300 fixed-penalty notice and/or six points on your driving licence and/or your e-scooter could be seized.
If you are involved in an accident with another motor vehicle whilst using a rental e-scooter, you may be entitled to claim compensation against the motor vehicle’s insurance company. If the motor vehicle is uninsured or flees from the scene of the accident, you may be able to direct your claim to the Motor Insurers’ Bureau.
If you are involved in an accident, you may wish to follow these steps:
- Take the details of the person responsible for the accident
- Notify the police of the incident
- Notify your rental company and insurers
- Take the details of any witnesses to the accident
- Photograph the accident scene and any damage caused
- Request CCTV footage if there are any cameras operating
Again, it is recommended that you seek advice from specialist personal injury solicitors.
Is it likely that e-scooters will be legalised?
The objective of the government trial seems to be that the legalisation of use of e-scooters in public spaces will only come into place once adequate measures have been taken to ensure the safety of the public and the riders. The pros must outweigh the cons.
The Transport Committee is in support of e-scooters. The Committee says allowing wider use of e-scooters would:
- Help people from poorer backgrounds avoid the cost of getting a driving licence
- Often result in faster journey times than cars
- Allow them to be used for deliveries in place of mopeds
- Be a far more environmental transport option
The Committee chair Huw Merriman said that e-scooters have the potential to become exciting if it gets people out of cars, reduces congestion and allows exercising in the open air. Of course, he stressed that it needs to be ensured that the arrival of e-scooters doesn’t make life more difficult for pedestrians and disabled persons.
It appears that the government in Cardiff and Wales have begun introducing measures to allow and encourage use of other modes of transport such as cycles, e-bikes and e-scooters by reducing speed limits on major city roads and introducing cycle lanes. All things seem to point towards its legalisation but whether it will materialise remains to be seen.
Should you wish to discuss any potential personal injury claims with our Shaem Ahmed, he can be contacted on 029 2047 5155 or by email to: [email protected].