The new driving law changes are designed to boost road safety for all users, with quicker and heavier modes of travel having the greatest responsibility to reduce the danger or threat they pose. A number of revisions were made for cyclists, horse riders and pedestrians, but there was no mention of changes for electric scooters.
E-scooters have exploded in popularity in recent years, with more than 50 cities running rental trials, with the Government expected to look at legislation in the future.
It is illegal to ride a private e-scooter on public land, with riders potentially facing fines, penalty points on their licence and the vehicle could be impounded.
Petty Abrams, Associate at Plexus Law, describes the omission of e-scooters from this update as “glaring” given the growing popularity of e-scooters as a mode of transport.
Speaking exclusively to Express.co.uk, she said: “The absence reflects the fact that, with the exception of the rental trials which are part of a tightly regulated Government backed scheme, private e-scooters remain illegal for use on the road or the pavement.
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A comparison may be drawn with electric bikes, which are also covered within the Highway Code subject to compliance with various regulations including capping their motor speed to 15.5mph.
E-scooter riders could be considered to be as vulnerable as cyclists, with Petty Abrams suggesting that the Highway Code could make similar provisions for the vehicles.
The vehicles are recognised as “powered transporters”, falling under the same laws and regulations as motor vehicles.
They are subject to the same legal requirements as other vehicles, including MOT, tax, licensing and specific construction.
Most private e-scooters don’t meet these requirements, nor do they have visible rear red lights, number plates or the ability to signal, so they cannot be used legally on roads.
Angela Hanmore, a Partner at Plexus, commented on how e-scooters would be categorised and what changes could be made in the future.
She added: “Private e-scooters on the market are not subject to restriction and may reach speeds over 50mph.
“This places them out of kilter with other vulnerable road users such as cyclists as they may be travelling as fast as other motorised traffic and they pose a greater risk to other road users, particularly pedestrians given their relative ‘silence’ and manoeuvrability around the streetscape.
“Further research is needed so we build up a risk profile and look at the impact of factors such as the size of the wheels, rider position and braking capacity have on the likelihood of accidents and the risk of injury in the event of a collision.
“We need to look at a wide range of strategies to integrate e-scooters in a way that balances the risks to the riders with the needs of other road users whilst embracing the opportunities offered by this exciting and accessible mode of transport.
“The Highway Code is likely to form a small part of that picture, but any changes need to be based on data and a clear regulatory structure.
“Despite the huge proliferation in their use, seeking to bring in amendments to the Highway Code to deal with e-scooters at this stage would be more likely to cause confusion in other road users in addition to difficulties for insurers and enforcement agencies alike.”
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