
When it comes to buying E-bikes and E-scooters there is an enormous number of choices, but are they legal? If you are considering either it is worth knowing which Road Traffic rules and regulations apply. This article aims to provide a brief overview of e-bikes and e-scooters and examine the rules and legislation relating to each.
Electric bikes
An e-bike or electric bicycle is a bicycle (can also be a tricycle) with a motor, powered by a battery, that assists the cyclist when they pedal. The key is that the assistance from the motor only kicks in when the cyclist pedals. Terrain and the effort of the cyclist will vary the amount of assistance. There are many makes and models of e-bikes, from mountain bikes to cruisers but essentially they all work on the same principle.
An e-bike is categorised as an ‘Electrically assisted pedal cycle’ (EAPC). To meet this category the bike must have pedals (with amber reflectors) that can be used to propel it. The bike must show the power output and manufacturer of the motor and either the battery voltage or maximum speed of the bike. The motor must have a maximum power output of 250 watts and should not be able to propel the bike more than 15.5 mph, in other words the motor will not assist beyond 15.5mph when pedalling.
The minimum legal age to ride an e-bike is 14 years.
There is a category of EAPC known as a ‘twist and go’, which must be government approved, and meet specifications in addition to the requirements listed above for standard e-bikes. Twist and go bicycles have a throttle that can propel the bicycle without pedalling. There are some ‘twist and go’ bikes that have an off-road additional assistance feature which, when used, can propel the bike (without pedalling) to speeds in excess of 15.5mph. If a bike has this ‘off-road’ feature or does not comply with the EAPC classifications it will be classed as a vehicle and will require to be registered, insured, and taxed, with the rider needing a driving licence and approved safety helmet.
Cyclists, regardless of their choice of bike, owe a duty of care to all other road users and are subject to the rules and legal obligations of The Highway Code. The January 2022 updates to the Highway Code introduced the Hierarchy of Road Users, among other rules, designed to improve the safety of people walking, cycling and riding horses. The Hierarchy of Road Users puts those most at risk of personal injury at the top of the hierarchy meaning that those who can cause the greatest harm (through their negligence) assume the greater responsibility. While this may appear straight forward on paper, quite how this will be interpreted by the Courts remains to be seen, and may sadly involve a catastrophic personal injury or fatal claim involving a vulnerable road user, before we have any clarity and guidance on the matter.
Electric Scooters
Privately owned e-scooters, although legal to buy, remain illegal to ride on UK roads, pavements, and cycle lanes (except on private land with the landowner’s permission). E-scooters are classified as Personal Light Electric Vehicles (PLEV’s) also known as Powered Transportation. Any vehicle within this category is subject to the same laws and regulations that apply to all motor vehicles; all require to be insured, registered and the rider/driver must have a driving licence.
There are over 30 UK Government backed e-scooter hire schemes in certain areas of the UK, although, as yet, none in Scotland. (These hire schemes stipulate that to hire an e-scooter, with a maximum speed of 15.5 mph, the rider must be 18 years or older, must have at least a provisional driving licence and must not ride the e-scooter on pavements.)
Although outside the scope of this article it should be noted that breaches of the law relating to motor vehicles, may be criminal offences (as well as attracting civil liability) and may result in criminal charges.
Insurance
It is not currently possible to buy insurance for a private e-scooter. The Department of Transport require that the rental e-scooters (in the government backed schemes) are covered by a motor vehicle insurance policy, the responsibility being on the rental provider to arrange insurance cover.
Claims for Personal Injury involving electric bikes and scooters
In 2021 the Department of Transport reported that there had been 1,434 (reported) casualties following collisions involving e-scooters, (compared to 484 in 2020) with 10 people being killed. An internet search revealed some e-scooters for sale in the UK with top speeds ranging from 15.5 to an incredible 51 miles per hour. Even the most robust protection may do little to protect a rider who is involved in a collision at 51 mph.
The Motor Insurance Bureau (MIB) has a residual liability to compensate those who are injured as a result of a collision with an e-scooter. Claims for compensation may be made under the Uninsured Drivers Agreement or the Untraced Drivers Agreement.
What if it is the privately owned e-scooter rider who is injured? Do they still have a claim despite the fact that were riding illegally? The legal principle of ex turpi causa (defence of illegality) usually means that a claim arising out of the pursuer’s illegal act may not succeed. However, in personal injury claims the ex turpi causa principle does not always exclude a claim when the personal injury results from the defenders negligence, although the defender (insurers) would undoubtedly argue for a reduction of any compensation on the basis of the pursuer’s contributory negligence.
So far (as at January 2023) there are no UK court decisions on whether a privately owned e-scooter rider injured by a driver’s negligence will succeed in a claim for compensation.
Despite the illegality, e-scooters are an everyday presence on our streets and pavements. In 2022 the Government announced plans to introduce legislation to regulate e-scooters. The plans include regulating the standards of all e-scooters sold. The need for legislation is critical as the number of e-scooters and vulnerable riders on our roads shows no sign of slowing down.
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