The current law surrounding E-scooters is confusing and not fit for purpose, a Shropshire lawyer specialising in driving offences has explained.
E-scooters are a growing trend with many seeing them as the ideal environmentally-friendly option to travel while others view them as dangerous, which has already resulted in accidents and legal action across the country.
Steve Scully, Associate Solicitor Advocate at Lanyon Bowdler, said: “The laws concerning E-scooters are simply not fit for purpose at the moment and it’s important that people familiarise themselves with some essential facts before the law finally catches up.
“It’s so easy to fall foul of the law at present because people don’t know what they can do and where with an E-scooter and the legal implications. Take one of my recent cases as an example.
“I represented a 16-year-old who had been stopped by the police for riding his E-scooter in the car park of a local convenience store, and I was able to advance various legal submissions to the court regarding the highly confusing and unsatisfactory legal position that currently applies to E-scooters.
“There were three main questions to answer: Is an E-scooter a motor vehicle? In short, the answer is yes. In law that means it requires a licence to drive, insurance and an MOT. However, achieving any of these for an E-scooter is currently impossible!
“The second question focussed on the car park of the convenience store – is it a public place?
“Again the answer is yes, but only in certain circumstances. It is normally private land but becomes a public place when people are invited on to it, such as during opening hours of the store.
“Finally, is pushing the E-scooter when the engine is off actually driving? According to settled case law, albeit some contradictory, the answer would again be yes if it was being steered, controlled or pedalled.
“In my client’s case, following his conviction, I successfully put forward a special reasons argument based on the fact that it would be unfair to impose penalty points on a provisional driving licence he was applying for the following month.
“The magistrates agreed and imposed an absolute discharge sentence for there being no insurance and driving otherwise than in accordance with his licence.
“The court also determined not to impose penalty points on my client’s future provisional licence.”
For more advice about driving offences, Steve can be contacted on 0800 652 3371 or email: stephen.scully@lblaw.co.uk.
