E-scooters are now a common sight on our pavements and roads but, despite their popularity, there is still widespread misunderstanding about their legal status. As a result, many people are shocked to find themselves facing prosecution after riding what they believed was little more than a toy.
The starting point is to distinguish between e-scooters and e-bikes because the law differs between these two, before going on to distinguish between authorised rental e-scooters and privately owned e-scooters.
E-Scooters and E-Bikes Are Treated Differently
It is easy to see why these might be viewed in the same way, as they both appear to be single-occupant, electric, wheeled modes of transport, but there is one crucial difference that places them in very distinct legal categories.
E-bikes are classified as EAPCs (Electrically Assisted Pedal Cycles) and the key is in the word ‘assisted’. The motor only provides assistance while the rider is pedalling. The electric motor simply reduces the effort required. To qualify as an EAPC, the cycle must have pedals that can be used to propel it, the motor’s maximum continuous rated power must not exceed 250 watts and electrical assistance must cut off when it reaches 15.5 mph. An EAPC meeting these requirements is legally treated in the same way as a traditional pedal cycle.
E-scooters are powered with a throttle and do not require any physical momentum to be provided by the rider, meaning they are classified as powered transporters and, crucially, as motor vehicles for the purposes of road traffic legislation. This means that many of the same road traffic laws that apply to cars and other motor vehicles also apply to e-scooters.
The Law on Rental E-Scooters
The government launched e-scooter trials in July 2020 and they are currently due to end on 31 May 2028. Authorised rental trials continue to operate in a number of towns, cities and counties across England, including Oxford, Milton Keynes and parts of London. As trial areas can change, riders should check that an authorised scheme is operating in the particular area before using a rental e-scooter.
The trials do not alter the legal classification of e-scooters and so they continue to be classed as motor vehicles, meaning the requirements to have insurance and the correct type of driving licence apply. Third-party insurance is automatically provided as part of the rental scheme and riders must hold an eligible full or provisional driving licence. The rental operator will ordinarily verify the rider’s licence before allowing the first journey. Minimum age requirements may also apply and can differ between rental schemes.
Due to rental e-scooters satisfying the legal requirements for insurance and licensing, they may legally be used on roads, excluding motorways, and permitted cycle lanes within the relevant trial area. They must remain within the area covered by the scheme and must not be ridden on ordinary pavements.
The fact that a rental e-scooter can be used legally does not exempt the rider from the normal rules of the road. Riders must obey traffic lights and road signs, must not use a handheld mobile phone and must not carry a passenger. Although wearing a helmet is recommended, it is not currently a legal requirement when using an authorised rental e-scooter.
The Law on Privately Owned E-Scooters
Privately owned e-scooters cannot lawfully be ridden on public roads, pavements, cycle lanes or other public places. They may only be used on private land with the permission of the landowner or occupier.
As it is not currently possible to insure a privately owned e-scooter for use on roads or other public places, they can never meet the legal requirements for use in those locations.
The exception exists because rental e-scooters used in government trials are subject to strict controls on their design, maximum power and maximum speed. They are also insured by the rental operator and can be restricted to designated areas through GPS technology. A privately purchased e-scooter does not become lawful to use in public merely because it has similar specifications to a scooter used in an authorised trial.
E-Scooter Offences and Penalties
One issue that is often overlooked is that using a privately owned e-scooter on a road or other public place will mean that the rider may face prosecution for driving without insurance and, depending on their licence status, driving otherwise than in accordance with a licence. There is no separate minor offence that simply permits the court to treat the matter as unlawful e-scooter use.
Driving without insurance can be dealt with by a fixed penalty of £300 and six penalty points. If the case proceeds to court, the offence carries six to eight penalty points or a discretionary disqualification, together with a fine. The police may also seize and impound the e-scooter.
As a result, the endorsement is recorded against the driving licence in the same way as if the offence had been committed in a car. A person does not avoid penalty points merely because they do not currently hold a driving licence. A driving record can be created and the points may affect any licence they subsequently obtain.
This could therefore have serious implications for anyone who already has six points on their licence, as they could then reach the 12-point threshold and face disqualification as a ‘totter’. The usual minimum disqualification is six months, although the court can reduce or avoid it if satisfied that disqualification would cause exceptional hardship.
For a driver who passed their first driving test less than two years ago, reaching six penalty points can result in the DVLA revoking their licence under the new-driver rules. They will ordinarily need to obtain a provisional licence and pass both parts of the driving test again. Revocation is distinct from a disqualification imposed by a court.
Riders should also be conscious that all e-scooters, whether government trial rentals or privately owned, are classed as motor vehicles. A rider can therefore be guilty of many of the same offences that drivers of other vehicles can face, including drink or drug driving, using a handheld mobile phone, careless or dangerous driving, and failing to stop or report an accident. These offences carry the associated penalty points, fines and, in some cases, mandatory or discretionary disqualification.
Clients repeatedly tell us that they assumed the rules relating to drink driving did not apply to rental e-scooters, as they believed they were offered partly as a convenient and cheap alternative to taxis for those who had consumed alcohol. In fact, riding an e-scooter while over the prescribed alcohol limit can lead to the same minimum 12-month driving disqualification that would ordinarily follow a first drink-driving conviction involving a car.
Why Private E-Scooters Can Be Legally Sold
The sale of private e-scooters is, of course, perfectly legal, but unfortunately retailers do not always make it sufficiently clear that privately owned also means that their use can only be on private land with permission.
Many clients tell us they assumed that because major retailers openly sell e-scooters, they must be legal to ride on the road. Others point to advertisements showing e-scooters being used in urban environments without any obvious warning. The legality of the sale and the legality of using the e-scooter are two entirely different issues, and that distinction often comes as a surprise only after the police become involved.
How E-Scooter Prosecutions Arise
In practice, many prosecutions begin with a routine stop rather than a serious incident. An officer may simply notice someone riding on the pavement or recognise that the e-scooter is privately owned. Others arise following a collision or even a near miss. What surprises many riders is that they find themselves reported for driving without insurance, rather than the minor pavement offence that they might have expected.
The precise location can sometimes be important. The fact that land is privately owned does not necessarily mean that it is legally a private place. Car parks, access roads, shopping areas and other privately owned land may still be treated as public places if members of the public have access to them. Whether the prosecution can prove that the e-scooter was used on a road or other public place will depend on the evidence concerning that particular location.
Other evidential issues may include whether the defendant was riding or merely pushing the scooter, whether they can be identified as the rider and whether the prosecution can prove the alleged standard of driving. Where a rental scooter was being used, it may also be necessary to establish whether it was part of an authorised trial and whether it was being ridden within the permitted area.
How Our Motoring Solicitors Can Help
The right advice at an early stage can make a significant difference to the outcome of an e-scooter prosecution. Solicitors can advise clients before and during police interviews, assess whether the alleged location was legally a public place, represent new drivers facing licence revocation, and make representations where multiple motoring allegations arise from the same incident. Where a client is at risk of a totting disqualification, they can also advise on whether an exceptional hardship argument is realistically available.
Our motoring solicitors can also examine whether the prosecution can prove that the defendant was riding the e-scooter, whether the device was legally a motor vehicle and whether penalty points arising from offences committed during the same incident should be treated concurrently. Where driving without insurance is admitted, we can advise on whether there is a basis for arguing that special reasons exist for not imposing penalty points.
About the Author
Clare Galo is a Senior Associate Solicitor with more than 20 years’ experience representing clients in motoring cases. She specialises in road traffic offences and driving licence matters, including trials, special reasons arguments and exceptional hardship applications.
