Legal Briefing

SOLICITOR JULIET PHILLIPS - JAMES CASTS HER EXPERT EYE OVER A RANGE OF LEGAL MATTERS AND URGES ANYONE WITH ANY QUESTIONS OR PROBLEMS TO COME FORWARD FOR HELP.

Q AI have bought myself an E-scooter. Are they legal and can I ride it on the pavement or road? Whilst E-scooters are legal to own, it is currently illegal to ride them on a road, pavement or public place unless they are rented from a designated rental company within a Trial Area / Region which are currently determined by the Government. The details of the Trial Areas can be found at https://www.gov.uk/ guidance/e-scooter-trials-guidance-forusers#trial-areas. Under current legislation, an E-scooter (and other motorised vehicles such as ‘Hoverboards’, ‘Segways’, ‘Uni-cycles’, ‘U’bikes’ and alike) are classed as ‘Powered Transporters’ and are therefore captured under the Road Traffic Act of 1988. This means that each mode of transport should be taxed, insured, bear a registration number and comply with all other requirements as set out in the RTA 1988. However, there are no procedures and avenues currently in place to enable ‘Powered Transporters’ to comply with all of the requirements. Whilst it may be illegal to ride an E-scooter on a public road, pavement or public place, you can quite properly (and legally) purchase an E-scooter for use on Private Land, which is determined as an area to which the public do not have access or a right of way. It is also noteworthy, that the land owner must be notified and provide their permission ahead of using their land for such a recreational activity. Should you, for any reason, risk riding an E-scooter in a public place the penalties can be quite severe and include, but are not limited to: (i) E-scooter Being Impounded (ii) Financial Penalty (iii) Penalty Points imposed on your driving licence The use of E-scooters in public places is a common sight and the number of accidents, injuries and in some cases, fatalities has increased dramatically and therefore the use of E-scooters is currently a contentious topic with many people calling for them to be banned outright. It is noteworthy that just because you may have seen people riding E-scooters on the road or pavement, it does not mean that they are being legally ridden, and whether out of ignorance or unknowing, the riders may find themselves subject to the penalties outlined above, which may also entail a Personal Injury Claim if a collision occurs. Please contact Gomer Williams for further assistance