Question to the Home Office:

To ask the Secretary of State for the Home Department, what estimate she has made of the number of e-scooters being used illegally; what steps she plans to take to tackle that unlawful use; and what guidance has been issued to police forces to support the consistent enforcement of road traffic law on this matter throughout the UK.

Enforcement of road traffic law is an operational matter for the police to determine in conjunction with local policing plans. Decisions on how to deploy available resources is a matter for Chief Officers, who will take into account any specific local problems, pressures and demands.

Electric scooters are classed as a motorcycle as defined in Section 185 of the Road Traffic Act 1988 and, because of their low speed, within the subclass of moped. This means that electric scooters must abide by the same road traffic legislation as mopeds and motorcycles.

Legislation was amended in July 2020 to allow for rental e-scooter trials in selected areas with different rollouts that will each run for 12 months. The primary aim of the trials is to inform decision making as to the potential to legalise e-scooter use in future. Before being used on the road, the pilot rental e-scooters are required to meet all the requirements such as compliance with stringent construction regulations, registration, road tax, insurance and MOT testing.

Riding a powered scooter on a pavement, as with pedal cycles, is an offence under section 72 of the Highway Act 1835.

The police can deal with illegal e-scooter use by fixed penalty notices and penalty points for no insurance, ‘not in accordance’ or riding on pavement offences. Section 165 of the Road Traffic Act 1988 provides the power to seize privately owned e-scooters for driving without insurance or a driving licence. It is for the officer dealing with an incident to investigate and to decide upon the appropriate offence and enforcement action.

The Home Office has not issued guidance to police forces on the enforcement of road traffic law with regards to illegal e-scooter use, nor does it hold data on the number of e-scooters being used illegally.

We will continue to support the police to ensure they have the tools needed to enforce road traffic legislation including those relating to electric scooters.