Highway Code (Rule 149)

Lord Mackenzie of Framwellgate Excerpts

Wednesday 6th April 2022 Lords Chamber

How do the Government intend to address the concerns of the Metropolitan Police that e-scooters are motorised vehicles being driven by people under 16, who have not passed a driving test and are not insured? How will the Government respond to the ABI about insuring e-scooters, e-bikes and bikes generally, and properly ensure the regulation of their use? Finally, when will the Government amend the Road Traffic Act 1988 and the Road Traffic Offenders Act 1988 to create criminal offences relating to dangerous, careless and inconsiderate cycling for users of pedal bikes, electronically assisted bikes and e-scooters, as for other motor vehicles? I beg to move.

[Lord Mackenzie of Framwellgate (Non-Afl)]

My Lords, I am delighted to support the regret Motion in the name of the noble Baroness, Lady McIntosh. I was weaned on the Highway Code, and when I was taught to drive by Durham Constabulary many years ago the Highway Code was an integral part of the training.

Your Lordships will know that the Highway Code is not law. A breach of the code is not a crime per se. However, it is important to understand that a breach of the Highway Code can be used as evidence to support a prosecution for the commission of an offence such as careless driving or dangerous driving.

Obviously, the code needs to be revised from time to time, and the public are entitled to think that a new code will reflect the realty of life on our public roads. Furthermore, I recently spoke on an Oral Question on e-scooters, when I described their introduction on public roads as

“a catastrophe waiting to happen”.—[Official Report, 8/2/22; col. 1390.]

There have been a number of deaths already during the pilot use of e-scooters, and there appears to be little or no guidance or regulation available on their use. Privately-owned scooters cannot be used on public roads, but this appears to be more honoured in the breach than the observance.

This is an area of road safety that is crying out for regulation and guidance. In my view, it is the greatest threat to public safety in a generation. There have been two changes to the Highway Code recently, within weeks of each other, presumably requiring additional print runs, and yet there is no reference to e-scooters in the new code, as the noble Baroness, Lady McIntosh, said.

The Highway Code should be taught in schools—I hope it is. In any event, it should cover contemporary changes in the use of the road before they are implemented. The current, updated code fails massively in this regard, and I ask the House to support the Motion in the name of the noble Baroness, Lady McIntosh.

[Lord Young of Cookham (Con)]

My Lords, I begin by commending my noble friend Lady McIntosh for bringing this important matter before the House this evening, and for the diligent research she has done in forming her speech. I agree 100% with what she said at the beginning about cyclists who ride dangerously. I have no time for them. They bring into disrepute the vast majority of cyclists who behave responsibly, and they give us all a bad name.

My noble friend raised the important issue of why the measure before the House does not apply to cyclists. I hope that when my noble friend Minister replies, she can confirm that cyclists who ride while using their mobile phone can be prosecuted, perhaps under some other legislation than that before us. Of course, cyclists are slightly different in that, whereas a motorist can have points on his or her licence for the offence, that does apply to cyclists, who do not need a driving licence. Can the Minister reassure both my noble friend Lady McIntosh and me that cyclists who risk their own lives as well as being a danger to pedestrians by talking on their phone can be prosecuted under legislation?

My final point, to pick up on a point made by previous speakers, is about e-scooters. It seems to me that the best way to handle e-scooters that are illegal is simply to confiscate them. They are portable and quite easy to put in the back of a police van. By definition, that would prevent a reoffence by that person with that scooter. I wonder if my noble friend has any statistics on whether there are more e-scooters in London now than, let us say, three or four months ago. My impression is that the exponential growth has perhaps stopped, but that may just be my own perception. Could my noble friend say what guidance is given by the Metropolitan Police to officers on the beat for when they see an e-scooter that is not a legitimately rented one? What are their instructions? How are they meant to deal with what is manifestly an offence? Having said that, I welcome the provisions before the House this evening.