As several London boroughs gear up for the 12-month trial launch of rental e-scooters on June 7th, Stewarts, the UK’s leading litigation-only law firm, warn of illegal usage of privately owned scooters in the capital.

June 7th marks the long-awaited trial of e-scooters in London, following trials in more than 40 towns and cities across the country as the government considers whether to legalise e-scooters on UK roads.

Transport for London (TfL) has confirmed the 12-month trial of rental e-scooters, which will enable people to ride them on roads and cycleways in several boroughs across the capital.

However, as e-scooter popularity soars, concerns continue to grow around public awareness of the legal standpoint on private e-scooter usage.

The legal position on UK e-scooters
While it is legal to sell and purchase an e-scooter in the UK for personal use, they cannot be legally ridden on public land – roads, cycle lanes or pavements – unless the e-scooter is part of new trials where road and cycle lane use is permitted.

E-Scooter trials
In the absence of reliable accident data and figures drawing comparisons to other modes of transport to fully understand e-scooter safety, trials were brought forward and new regulations allowing rental e-scooter trials came into force in July 2020.

Trials have taken place in more than 40 cities across the UK, including Southampton, Birmingham, Newcastle, and Bournemouth. Several London boroughs will witness the first of a series of trials across the capital beginning from June 7th.

E-scooters within trial zones
Current rules which apply to e-scooter riders within designated trial zones are:

Riders must not use a mobile phone
Riders must not drive an e-scooter while intoxicated
Carrying more than one person is not permitted
Normal rules of careless and dangerous driving apply
E-scooter users must have a valid UK driving licence
E-scooters in trials must be governed by a motor insurance policy
Minimum age – 16
Insurance is required but likely to be covered by the hire scheme company
Current trials categorise e-scooters as a motor vehicle

E-scooters and insurance
With growing popularity of e-scooters alongside EAPCs (electrically assisted pedal cycles) and autonomous vehicles (AV), the need for an appropriate legislative and insurance regime which applies to these vehicle types is significant.

Daniel Herman, Personal Injury Partner, said, “It’s not illegal to buy or sell an e-scooter but ignorance of the law is no defence, if people are using them carelessly, they can be prosecuted.”

“While e-scooters are being marketed as a fun, safe and environmentally friendly mode of transport, there are legal implications that people need to know about. E-scooters can’t legally be ridden on roads, pavements or cycle lanes other than in certain designated trial areas. Not only that, if an e-scooter rider injures someone else, such as a pedestrian, they could very well be liable to compensate the injured person if the e-scooter is not covered by a policy of insurance.”

“It’s also important that they know whether and to what extent insurance is in place; if an e-scooter user collides with a pedestrian and causes serious injury, they could potentially find themselves liable to pay millions of pounds in damages. Conversely, e-scooter riders will themselves be vulnerable road users. Sadly, we saw the number of cyclists killed on UK roads double during lockdown. Although not compulsory, e-scooter riders should, at the very least, wear a cycling helmet.”

While there are urgent calls for legislation on e-scooter usage in the UK, the lack of consistency on e-scooter legislation across the globe emphasises usage is not clear-cut