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by Daniel Jones and Dempster Fawden

Recently, a new phenomenon has captured the imagination of commuters across the country. As you will undoubtedly be aware, e-scooters have seen a recent upsurge in popularity, becoming one of a growing number of options for the casual commuter. But, casual commuter beware! There are a number of common misconceptions surrounding the legality and risk involved with the use of these new vehicles.

What’s the problem?

Did you know that legal scooters carry the same risks and legal status as a car? I didn’t think so! Like cars they need to be insured, registered, and are restricted in their use under s185 of the Road Traffic Act. This is because under the s185 of the Road Traffic Act 1988, E-scooters are treated as a motor vehicle, and therefore, must be insured, must be registered, and are restricted in their use (i.e. cannot be driven on the pavement). It is worth noting that this also applies to other electrically powered vehicles such as e-bikes. This, of course, means that you can be liable under the road traffic offence when using an e-scooter. So, as you wouldn’t drink and drive, you must never drink and ride!

E-scooters can be owned privately, or they can be used as part of one of the many urban rental schemes. Use of a private e-scooter outside of your own private property is illegal, as it is the same as driving a car without insurance or registration (both of which are unavailable for e-scooters currently), which can lead to a fine and up to 6 points on your licence.

In order to avoid liability and comply with the law, you need to always remember that use of a private e-scooter outside of your own private property is illegal. It is akin to driving a car without insurance or registration (both of which are unavailable for e-scooters currently), which can lead to a fine and up to 6 points on your licence.

Therefore, the only legal way to drive an e-scooter is by using one of the many rental schemes. These scheme scooters are permitted on cycle lanes and roads, but like private scooters, are not allowed to be driven on the pavement. Unlike private scooters, rental scooters have limitations on their speed and they require you to have a driving licence (among other things). These schemes operate in 31 approved areas all over the UK, and they are essentially acting as pilot testing for the government.

Can you face Criminal Liability?
As stated above, you can be guilty of criminal driving offences when driving an e-scooter. This is one of the most common misconceptions about e-scooters, as it is not uncommon to see people driving them worse for wear when getting home from a night out. Do not be mistaken, this is illegal, and getting caught doing this will potentially result in criminal charges against you.

Why you need to be careful
E-scooters can also be incredibly dangerous. Driving an e-scooter drunk can not only lead to criminal liability, but it could also lead to injury or even death.
In 2021 Transport for London (TFL) commissioned a study which concluded that riding an e-scooter could be 100 times more dangerous than riding a bike. In addition, the Motor Insurers’ Bureau (MIB) confirmed 64 claims relating to e-scooters.
None of the rental schemes require you to wear a helmet, high viz or any other sort of protective gear, and therefore the likelihood of injury in an accident high. In 2021 the Government reported that there were 10 fatalities and 1434 casualties (421 of which were seriously injured) involving e-scooters. These figures have dramatically increased since 2020.

Conclusion – Beware
Therefore, whilst e-scooters are convenient and eco-friendly, they are also surrounded by legal misconception, and are very dangerous when compared to other modes of transport. As a result of these legal misconceptions, one can end up facing criminal charges with ignorance of the law being no defence.
If you have been injured in an e-scooter related accident, please contact info@bmalaw.co.uk or 0300 123 2014.
As a member of the BMA you will be entitled to a personal injury service, and you may be in a position to make a claim and receive compensation for your injury.