So What's the Score? Legal or Not?
As with any new technology, sometimes the law plays catch-up and reacts to the risks not previously considered. As it stands in the UK at the current time, E-Scooters are legal when operated by a hire company under special provisions. The hire company register customers with a driving licence, the scooters have their own registration scheme and are insured for hire. So although much of it is by special trial arrangement, it does cover the basic requirements for being a motor vehicle and satisfies current laws.
PRIVATE owned scooters can only be used on private land with the landowners consent. That is in the same realms of Motocross Bikes, Off Road Buggies and Stock cars for that matter. Use of the public highway is prohibited. The law allows for pedal assisted electric bicycles, where the power is to assist only, and to a maximum of 15mph. Scooters fail to pass this description, and are legal class as mechanically propelled vehicles – they use a motor alone.
E-Scooter theft is on the rise and rapidly so! They are used to facilitate other crimes, theft of motorcycles, county lines drug dealing and so on with modified machines reaching up to 50-80mph. This rise is likely due to their use as private machines being illegal – so those flouting current laws by riding machines that are unregistered will not likely report the theft to Police as they were committing a crime themselves. So this makes theft of E-Scooters a popular past time for those criminal gangs hat can use the machines for their own purposes or sell them on through other gangs. With only a serial number at best linking you to your machine, the chances of you getting it returned is next to none. In fact, thousands have been stolen – having one returned or found we are not aware of any at the time of writing. It is also for this reason, that once a vehicle has been discovered – how will you prove to Police that it belongs to you? At best a receipt with a unique serial number, and that’s the ones that have them!
We DO accept E-Bikes and E-Scooters but they are treated as Off-Road machines, the same as MX bikes. The exception being the ones that have been legalised and are registered with DVLA, licenced and Insured as a motorcycle.
The Rise of E-Scooters and E-Bikes
Use of E-Scooters and E-Bikes has been popular as many find it an alternative transport method and one that is seen as being better for the environment, at least when it isn’t on fire. People find the use controversial not because the rules are confusing regarding the use – they are fairly simple to understand. The only confusion was operating a ‘legal’ version under a special arrangement, thought the confusing part of that is likely a means to protest, than truly baffling to the reasonable person. It appears to most, that the willingness to accept the law because of the convenience of having this mode of transport that you don’t have to licence, mot, insure and pay for parking is, very convenient – so why would the commuter or student not want one as their perfect, zero-effort form of transport? Society needs to get up to date.
Thieves do the same, it’s free and convenient to take some-one else’s vehicle than use their own. They don’t have to pay for it, cover the costs, buy insurance, have a licence nor worry about parking fees. That doesn’t mean that theft should be made legal, does it? Criminals of all types choose to ignore certain parts of law, because it is useful to them, convenient, saves them cash doing it legally. They are still criminals – so ignorance of the law with E-Scooters and E-Bikes is not going to save you from prosecution, and like any other career criminal – Police only have to catch you once, you have to role that dice every time you use it.
You may see a difference between a balaclava clad teen on a motorcycle with no plates, and an adult perched on a E-scooter with their child in front, or their better half behind them. In the eyes of the law, there really is no difference, and in fact the adult and child would likely be more harshly punished as the adult should know better.
Our Job is not to tell you what to do – but to make you think, and be ready for the consequences. If you choose to ride illegally, then you will be treated the same. Don’t expect to be treated differently.
The Electric Cycle is thrown around in much the same way, as if it were new technology. It isn’t – Powabyke have been producing electric assisted cycles and they have been used perfectly legally and without issue for at least 20 years. They may not have taken off as much as today, because the ones today are exceeding speed limitations, and regularly travelling at speeds between 40-90mph. Some have pedals, some do not. Some believe it is about throttle control and some even have modes fitted to turn pedal assist mode on or off. You Tube is full of videos to cut speed limiters and extend your top speed. When considering speed – Viking electric motorcycles require registration, A CBT, Licence and Insurance. They have a top speed of 40mph – yet scooters and cycles are reaching up to double and complaining that it is unfair?
Most ‘Pedal Assist’ bikes are illegal and are motorcycles. The law is catching up, and in recent times an EU Ruling decided on the definition to clear up confusion as many countries are having similar issues. It stated that ‘If the vehicle has the ability to pull away under it’s own power, and without pedal assistance then it is a mechanically propelled vehicle’ So in those terms, only the 15mph pedal assist bikes are legal. Everything else is a moped or motorcycle. The Surron type machines were always recognise as electric motorcycles. That is the first legal precedent, and will likely be adopted in other countries, including the UK.
Coventry and some other cites are issuing bans on the use of E-Bikes and E-Scooters in the town centre, and are seizing and crushing them. Many councils will not allow them in their properties due to the propensity to burst into flames with an uncontrollable and aggressive fire caused by the Lithium Batteries. Some councils will actively check and enforce with evictions, following some alarming tower block fires caused by E-Bike and E-Scooter fires.
The consequences are simple. If you do not have the relevant documentation to ride your ‘Motorcycle’ regardless of it’s style, then you will be looking at a fine and at least 6 points. If you are reading this and thinking ‘I don’t have a licence, I’m 14’ then it will be the gift that keeps on giving – you don’t get away that lightly! When you apply for your licence, the points will then be added and sit on that licence for five years from issue. You then have to pass your test, buy your first car and when all your friends are paying eye-watering car insurance you will be paying three times more as you are high risk for the next five years. They get nice cars, you can’t insure nice cars. So you are leading the uncool team in the jalopy, and even then you have to be squeaky clean – you make one tiny inexperienced slip up and that licence is gone! 6 points or more in the first two years and you retake your whole test again! Your Choice, you are the one that has to live with the consequences of what you choose to do today.
