The tragic news of the first fatal collision involving an electric scooter (e-scooter) on a British road is a wakeup call for transport regulators, argues Dev Devadason, associate at national law firm Weightmans.
With the advent of e-scooters and other micro-mobility vehicles, the nature of our pavement and road traffic has changed. Regulation and legislation are in urgent need of an update to address the complex issues and the case for the Department for Transport to consider legislative change is growing.
Despite being illegal to use on UK roads and pavements, these vehicles are widely used. The Metropolitan Police recently announced it had stopped 100 illegal e-scooter riders on London’s roads in just one week.
Currently the law states that an electric bike, scooter or hover board should not be used on public roads or pavements at any time. There are exceptions, but only for electric bikes which have pedals fitted, do not exceed 250W of electrical power, and are regulated so that the power assist cuts off when the vehicle reaches a speed of 15.5mph.
Any electric vehicle which does not comply with these stipulations, such as e-scooters, are technically considered to be motor vehicles and are not exempt from the requirements for compulsory insurance.
The Motor Directive states that all motor vehicles must have insurance cover for injury to other road users.
But simply changing the law is not enough. In addition to legislative and regulatory change, there needs to be a move to educate riders on insurance rules and on the rules of the road, in much the same way that cyclists used to be educated through the cycling proficiency test.
The public simply does not understand the restrictions on use of these devices, how they can safely interact with other road users and pedestrians, or any insurance requirements.
Clarity is needed as to whether government intends for these vehicles to be legalised for use on the roads which will help insurers to create and promote appropriate insurance cover.
Dev Devadason is an associate and member of the Motor Technology Group at National Law Firm Weightmans LLP.
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