In recent years, the UK Government has been analysing the numbers of collisions involving e-scooters. Their most recent findings Reported road casualties Great Britain: e-Scooter factsheet 2022, published in May 2023, confirm an increase from the previous year to 1,369. Whilst almost a quarter of these collisions didn't involve any other vehicles the remaining three quarters did, explaining why the number of casualties reported in 2022 was 1,458. Sadly, this included 12 fatalities and 421 serious injuries.

These statistics are alarming, particularly when coupled with the lack of understanding of the law relating to the use of e-scooters.

What is the law?

E-scooters (along with hoverboards, segways and electric unicycles) are classed as Personal Light Electric Vehicles (PLEVs). Despite it being legal to buy these on the high street, they are subject to the same legal requirements as other vehicles on our roads. The law is not as quick to evolve as the marketplace and has yet to be adapted to take account of these novel forms of transport.

Road users have been found to hold differing opinions on where it is legal to use e-scooters, highlighting the need for improved communication

So the current law in place for other vehicles - the Road Traffic Act 1988 - also applies to PLEVs. This means drivers require to hold a provisional or full driving licence, have appropriate insurance, and ensure the construction and use of their vehicle is compliant with the law (including rear lights and registration plates). If you fail to meet these requirements, and you are riding an e-scooter in a public place in Scotland, including in a park, town centre, on a cycle lane, footpath or public road, then you are breaking the law. If caught, you may be subject to criminal prosecution, receive a £300 fine and six penalty points on your licence.

The Future of Sustainable Transport?

E-scooters have huge potential to contribute to a more sustainable transport system. As city centres become "low emission zones", environmentally friendly forms of transport are welcome and necessary. There is a real opportunity to promote the use of these types of vehicles and there are 50+ trials across England exploring this. As part of the trials, e-scooter drivers must download an app, complete age and driver licence verification, and undergo e-scooter safety training before being entitled to hire an e-scooter for public use. Some schemes also offer long term rentals creating the perfect travel solution for many commuters. However, the regulations under these schemes are not applicable to privately owned scooters and so it remains illegal to operate a privately owned e-scooter across the UK.

These trials are crucial in identifying the viability of these schemes in the future, and concerns have been raised regarding the age verification process after a 12-year-old boy was killed in a bus collision in Birmingham last year.

Nicola Edgar is a Partner, Morton Fraser.

Brake - the road safety charity

Morton Fraser partners with Brake, the road safety charity, whose mission is to eradicate unnecessary road deaths and make our streets safer. Brake has previously conducted research which showed road users had differing opinions on where it is legal to use e-scooters, highlighting the need for improved communication. The Government is considering legalising e-scooters to improve their safety, although this is unlikely to be in place until 2024. In the meantime, guidance issued by the Government, police, manufacturers and retailers remains contradictory and confusing. With an estimated one million privately owned e-scooters already on the UK's roads, adequate regulation and greater enforcement of the law is both absolutely necessary and long overdue.

Nicola Edgar is a Partner, Morton Fraser

Laying down the law on e-scooters - Nicola Edgar