Can you ride Electric Scooters on public roads and cycle path? No unless the scooter is part of the government rental trial.

Unless the e-scooter is part of the rental trial you cannot ride a e scooter on a public highway or cycle path and no scooter should be used on a pavement. Scooters without motors can be used on the road though not the pavement. It is important that those buying electric scooters for people as Christmas gifts are aware of the legal provisions and that these are explained to recipients.

Can you be fined and or have points on a driving licence for using an e-scooter on the road ? Yes

If your stopped by the Police your scooter could be impounded, you could receive a fixed penalty notice and points on your drivers’ licence should you have one.

Electric Scooters are currently classified as Personal Light Electric Vehicles (PLEVs), so they’re treated as motor vehicles and are subject to all the same legal requirements – MOT, tax, licensing and specific construction.

Do you need a driving licence to hire an electric scooter ? Yes

You must have the category Q entitlement on your driving licence to use an e-scooter. A full or provisional UK licence for categories AM, A or B includes entitlement for category Q. If you have one of these licences, you can use an e-scooter.

If you have a provisional licence, you do not need to show L plates when using an e-scooter.

If you have an overseas driving licence, you can use an e-scooter if you:

have a valid full licence from an EU or European Economic Area (EEA) country (so long as this does not prohibit you from driving low-speed mopeds and motorcycles)

Does the Law governing e-bikes regulate e scooters? No

The law covering e-bikes – which are battery-assisted pedal cycles – doesn’t currently cover e-scooters, but the government wants to regulate them in a similar way in future.

Do you need insurance to hire an e scooter?

No the scheme provider has the duty to provide insurance

Do you by law have to wear a helmet when hiring an E Scooter?

No, but we strongly recommend you do wear a helmet for your own safety.

Where can I use an e-scooter ?

On private land with the consent of the land owner if privately owned if hired as part of a trial it should only be used within the local area hosting the trial. Hire scooters can be used on the highway or cycle lanes but not on pavements.

Can you be prosecuted for using a trial hire E scooter whilst under the influence of Drink or drugs or for careless or dangerous riding? Yes

Drink or drug driving laws as careless and dangerous driving offences also apply to users of e-scooters

Does the Law governing e-bikes regulate e scooters? No

The law covering e-bikes which are battery-assisted pedal cycles is not applicable to e scooters although the government will in the future likely seek to legislate along similar lines. If your over 14 years of age you can legally ride an electrically assisted pedal cycles on the road. If the bike does not qualify as an electrically assisted pedal cycle you cannot use it on the road.

What are the e bike specification requirements to enable the rider to use it on the road? We recommend you buy from a reputable supplier and have them confirm in writing to you that the e bike is categorised as an electrically assisted pedal cycle and road legal. You will also want to satisfy yourself the bike has a CE conformity mark. This will not be a defence to any offences committed but may act as mitigation and could assist you take action against a rogue seller.

If buying second hand the issue of whether the bike is road legal or not can become hard to determine for most consumers. It maybe advisable to stay clear of secondhand e -bikes or at least ones that have had motor upgrades and or in a poor state of repair or have been self-built. The reason for this is that you will want to satisfy yourself that the bike is road legal. For example, the power output must not exceed 250 Watts and the electrical assistance must cut off at 25kph. For post 2015 e bikes the power switch or control must default to off, therefore requiring constant pedal action. The bike must display the manufacturer’s name and motor power output and you should look for a CE conformity mark. The problem buyers will face is that it can be difficult to determine whether a an e-bike has be modified or upgraded or whether something has failed causing the bike to no longer be road legal even if it once was. We have not outlined all the requirements for a road legal e-bike but addressed the common issues for full information you should refer to The Electrically Assisted Pedal Cycles – EAPC – (Amendment) Regulations 2015.

Can you ride Electric Scooters on public roads and cycle path? No unless the scooter is part of the government rental trial.

Unless the e-scooter is part of the rental trial you cannot ride a e scooter on a public highway or cycle path and no scooter should be used on a pavement. Scooters without motors can be used on the road though not the pavement. It is important that those buying electric scooters for people as Christmas gifts are aware of the legal provisions and that these are explained to recipients.

Can you be fined and or have points on a driving licence for using an e-scooter on the road ? Yes the penalty for driving without insurance is a fine of £300 and up to 6 points on your driving licence if you have one. Your e-scooter may also be seized under section 165 of the Road Traffic Act for being used without insurance. If you are using an e-scooter in public in an anti-social manner, you can also risk the e-scooter being seized under section 59 of the Police Reform Act.

We have noted an increase in Police action against e-scooter users in Cardiff and London. The BBC reported that the Metropolitan Police had seized 500 scooters from the streets of London between the 14th June 2021 and 25th June 2021 and we expect these numbers to continue rising.

Electric Scooters are currently classified as Personal Light Electric Vehicles (PLEVs), so they’re treated as motor vehicles and are subject to all the same legal requirements – MOT, tax, licensing and specific construction.

Do you need a driving licence to hire an electric scooter ? Yes

You must have the category Q entitlement on your driving licence to use an e-scooter. A full or provisional UK licence for categories AM, A or B includes entitlement for category Q. If you have one of these licences, you can use an e-scooter.

If you have a provisional licence, you do not need to show L plates when using an e-scooter.

If you have an overseas driving licence, you can use an e-scooter if you:

have a valid full licence from an EU or European Economic Area (EEA) country (so long as this does not prohibit you from driving low-speed mopeds and motorcycles)

Does the Law governing e-bikes regulate e scooters? No

The law covering e-bikes – which are battery-assisted pedal cycles – doesn’t currently cover e-scooters, but the government wants to regulate them in a similar way in future.

Do you need insurance to hire an e scooter?

No the scheme provider has the duty to provide insurance

Do you by law have to wear a helmet when hiring an E Scooter?

No, but we strongly recommend you do wear a helmet for your own safety.

Where can I use an e-scooter ?

On private land with the consent of the land owner if privately owned if hired as part of a trial it should only be used within the local area hosting the trial. Hire scooters can be used on the highway or cycle lanes but not on pavements.

Can you be prosecuted for using a trial hire E scooter whilst under the influence of Drink or drugs or for careless or dangerous riding? Yes

Drink or drug driving laws as careless and dangerous driving offences also apply to users of e-scooters

Does the Law governing e-bikes regulate e scooters? No

The law covering e-bikes which are battery-assisted pedal cycles is not applicable to e scooters although the government will in the future likely seek to legislate along similar lines. If your over 14 years of age you can legally ride an electrically assisted pedal cycles on the road. If the bike does not qualify as an electrically assisted pedal cycle you cannot use it on the road.

What are the e bike specification requirements to enable the rider to use it on the road? We recommend you buy from a reputable supplier and have them confirm in writing to you that the e bike is categorised as an electrically assisted pedal cycle and road legal. You will also want to satisfy yourself the bike has a CE conformity mark. This will not be a defence to any offences committed but may act as mitigation and could assist you take action against a rogue seller.

If buying second hand the issue of whether the bike is road legal or not can become hard to determine for most consumers. It maybe advisable to stay clear of secondhand e -bikes or at least ones that have had motor upgrades and or in a poor state of repair or have been self-built. The reason for this is that you will want to satisfy yourself that the bike is road legal. For example, the power output must not exceed 250 Watts and the electrical assistance must cut off at 25kph. For post 2015 e bikes the power switch or control must default to off, therefore requiring constant pedal action. The bike must display the manufacturer’s name and motor power output and you should look for a CE conformity mark. The problem buyers will face is that it can be difficult to determine whether a an e-bike has be modified or upgraded or whether something has failed causing the bike to no longer be road legal even if it once was. We have not outlined all the requirements for a road legal e-bike but addressed the common issues for full information you should refer to The Electrically Assisted Pedal Cycles – EAPC – (Amendment) Regulations 2015.

What are the relevant regulations governing e-bikes?

The Electrically Assisted Pedal Cycles – EAPC – (Amendment) Regulations 2015

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Clodes Solicitors
Clodes Solicitors
A common query we receive is that P has lost capacity - how does one remove an Attorney appointed under an LPA ?

The Mental Capacity Act 2005 under S.22 and S.23 gives the Court power to revoke an LPA or to determine any question as to the meaning or effect of a lasting power of attorney.

One must carefully consider whether the allegations have merit and who it is proposed would deal with the persons financial affairs should the LPA be revoked.

One could raise there concerns directly with the Office of The Public Guardian or the attorney.

Alternatively one could consider making an application to the Court of Protection to revoke the Power of Attorney and appoint X as a Deputy. If time is of the essence an application to the Court for Directions or Revocation maybe prudent following a letter before action.

If a person is considering a Court of Protection application they should seek legal advice before commencing.

Where a Court application for revocation is being considered the donor would need to be assessed by an expert to ascertain the following:

1. Does P have capacity to revoke their LPA ?
2. Can P validly enter into a new LPA ?
3. Does P lack capacity to request accounts from their attorney ?
4. Did P lack capacity to make the gift or relevant financial decisions at the relevant time ?

The Court can consider any past behaviour or apparent prospective behaviour by the attorney. Provided that X does not have capacity the Court has the power to take whatever steps it regards as appropriate in P's best interests, whether that be by revoking the LPA or by taking some other course.

If you have concerns about a loved ones Attorney contact Clodes Solicitors on 02920 765050 or at https://www.clodes-solicitors.com/service/lasting-power-of-attorney/ #solicitor #local

If a loved one has not made reasonable financial provision for you in their will leaving you in a position of hardship contact us today for advice about potentially making an inheritance act claim https://t.co/JxtxcN3cyR https://t.co/hPBmmcsyA0 CLODESSOLICITOR photo

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