A flood of unclassified electric scooters and bikes has caused the Government to seek to clarify the legislation regarding the use of mobility scooters and powerchairs.
Don't get caught out and fall foul of the law. It could cost you a fine, points or prison in extreme cases.
So whats happened?
Mobility scooters and powerchairs are in a strict classification and have been since the legislation governing their use began. In a nutshell pavement scooters and powerchairs that can be used in pedestrian areas are Class 2 and road legal scooters and powerchairs are Class 3. Now there are lots of products appearing that don't meet the classification and unsuspecting users are not being told that they are in fact breaking the law.
In general a mobility scooter or powerchair is a single seat electric vehicle with a battery. They are designed for use for those who have trouble walking.
All vehicles must fall into either Class 2 or Class 3 to be used as a mobility vehicle without the need of a driving licence. All other vehicles that don't meet either Class 2 or 3 requirements are described as a new classification of "Not in Class." Unfortunately some online sellers are not taking the time to explain to unsuspecting purchasers that the scooter they are being sold is "not in class" and the user subsequently ends up breaking the law.
If your potential purchase has a line in the description that it can "only be used on private land" at the higher speed, has a speed that is higher than 8mph or more than one seat, then it is a "Not in Class" vehicle and will require a full driving licence and more than likely insurance. Please do not buy these thinking you can use it in a pedestrian area, on a pavement, in a supermarket, shopping centre or cycle track as you can't and will be liable for prosecution if caught doing so. Unscrupulous online sellers are not obliged to explain these things to you.
Who can use a mobility scooter or powerchair?
You can only drive a mobility scooter or powerchair if any of the following apply
- you have trouble walking due to injury, physical disability or a medical condition
- you are taking the vehicle to or from maintenance or repair
- you're the manufacturer testing the vehicle
- you're the dealer selling the vehicle
- you're training the user of the vehicle
Before you drive the vehicle be sure of the Class that it is in and that you are able to drive that class of vehicle. The seller will be able to tell you the class of the vehicle.
Check your eyesight allows you to drive that class safely.
Check whether it requires insurance and registration with the DVLA.
Check whether you need a driving licence.
Class Definitions
Class 2- Top speed 4mph
Class 3 - Top Speed 8mph
Not in Class - Speed above 8mph or wider than 0.85m or weighs 150kg or more
Class Restrictions
Class 2 and Class 3 can be used on pavements, cycle tracks and pedestrian areas.
Class 3 can be used on the road. Registration with DVLA is required.
Not in Class can be used on the road only. No use on cycle tracks, pavements or pedestrian areas. A full driving licence is required along with in most cases insurance. DVLA registration is required.
Not in Class - If you cause an accident while driving a mobility scooter or powered wheelchair that’s not in a class, you can be given the same penalty as if you were driving a car. You can go to prison, get a driving ban or get an unlimited fine.
Cycle Lanes are barred to all mobility scooters and powerchairs regardless of the Class.
Cycle tracks differ from cycle lanes as they are usually separated from the highway by a physical border or distance. Cycle lanes are painted and marked as such on the road.
Road Driving Requirements.
Class 3 - No driving licence required
Not in Class - Driving licence required
Indicators, hazard warning lights, horn, front and rear lights, rear view mirror, efficient braking system and a clear unrestricted view of the road ahead.
Not in Class - 15mph require twin dipped beam headlights.
Not in Class - 25mph an accurate speedometer
The above is an in brief of the current, 2024, legislation as per the Governments website. To keep up to date please use the following link where you will find the very latest information. You will also find guidance on eyesight, highway code and other vital information for the safe use of your mobility scooter or powerchair.
https://www.gov.uk/mobility-scooters-and-powered-wheelchairs-rules/print