E: reception@clodes-solicitors.com

T: 02920 765050

Your questions answered: The Law on Electric Scooters

by | Nov 25, 2020 | Miscellaneous

Updated News Article: The Law on Electric Scooters and E-bikes in the UK

02920 765050 reception@clodes-solicitors.com

E: reception@clodes-solicitors.com

T: 02920 765050

 

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

Unless the e-scooter is part of the rental trial, you cannot ride an 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 are aware of the legal provisions and that these are explained to recipients.

What happens if the police stop you for riding an electric scooter on a public highway, and what should you do?

If you are stopped by the Police for riding an electric scooter on a public highway, your scooter could be impounded. As privately owned electric scooters are classified as Personal Light Electric Vehicles (PLEVs) and are treated as motor vehicles, they are subject to all the same legal requirements as other motor vehicles – including MOT, vehicle tax, licensing, and specific construction standards. Since privately owned e-scooters cannot meet these requirements, their use on public roads is illegal.

Consequently, you could face:

  • Fixed Penalty Notice: For offences such as driving without insurance, driving without a licence, or driving without an MOT.
  • Points on your driving licence: Should you hold one, penalty points can be endorsed on your licence.
  • Prosecution: More serious offences, such as dangerous driving, careless driving, or driving under the influence of drink or drugs, can lead to prosecution, significant fines, further penalty points, or even disqualification from driving.
  • Impoundment of the scooter: The police have the power to seize the e-scooter, and you may be liable for recovery and storage fees. If the scooter is deemed illegal for road use, it may not be returned and could be destroyed.

What you should do if stopped:

  • Cooperate: Remain calm and cooperate with the police officer.
  • Provide details: You are required to provide your name, address, and date of birth. If you hold a driving licence, you should present it.
  • Do not resist: Do not attempt to evade the police or resist any lawful instructions.
  • Do not admit guilt: You are not obliged to admit guilt at the roadside. You can state that you wish to seek legal advice.

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)

The requirement for a driving licence with a category Q entitlement for rental e-scooters stems from the classification of these vehicles as motor vehicles under existing road traffic legislation.

The primary legal basis for this requirement is the Road Traffic Act 1988. Specifically:

  • Section 87 of the Road Traffic Act 1988 makes it an offence for a person to drive a motor vehicle on a road unless they are the holder of a licence authorising them to drive a vehicle of that class.
  • Section 185 of the Road Traffic Act 1988 defines “motor vehicle” broadly, and electric scooters, when used on public roads, fall within this definition.

The specific licence category, “Q,” is defined in the Motor Vehicles (Driving Licences) Regulations 1999 (SI 1999/2864), as amended. Category Q covers “mopeds and light quadricycles.”

When the UK government introduced the rental e-scooter trials, the Department for Transport (DfT) issued guidance and regulations that clarified how existing road traffic laws would apply to these trial vehicles. This guidance confirmed that:

  • Rental e-scooters are considered motor vehicles.
  • Riders must hold a valid driving licence.
  • The appropriate licence entitlement for these vehicles is category Q.
  • A full or provisional UK driving licence for categories AM, A, or B typically includes entitlement for category Q.

Therefore, it is a combination of the Road Traffic Act 1988 and the Motor Vehicles (Driving Licences) Regulations 1999, as interpreted and applied through Department for Transport guidance for the e-scooter trials, that mandates the requirement for a driving licence with category Q entitlement for rental e-scooters.

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 continues to review and consult on future regulation.

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 well as careless and dangerous driving offences, also apply to users of e-scooters as they are classified as motor vehicles for the purposes of the law. In June 2021, a man was disqualified from driving and fined £380 and ordered to pay Court costs of £85 after admitting driving an e-scooter while above the legal alcohol limit.

Can you transport an E-Scooter on Public transport?

We advise you check with the particular provider before setting out, as in some cases the answer is no. For instance, Transport for London prohibits transport of e-scooters and e-unicycles and has published the following notice –

“From Monday 13 December 2021 you are no longer allowed to carry e-scooters or e-unicycles on TfL services or in our stations or other premises on our public transport network, even when folded. This safety step comes after defective lithium-ion batteries in privately-owned e-scooters and e-unicycles caused fires on our network.

You risk a fine of up to £1,000 if you don’t comply.

E-scooters hired under our rental e-scooters trial have always been banned from TfL services because they cannot be folded. You can still carry – but not ride – non-motorised scooters on our services”.

What are the relevant regulations governing e-bikes?

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

E-Bike Specification Requirements for Road Use

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 you are over 14 years of age, you can legally ride an electrically assisted pedal cycle on the road. If the bike does not qualify as an electrically assisted pedal cycle, you cannot 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 may be advisable to stay clear of second-hand e-bikes or at least ones that have had motor upgrades and/or are 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 an e-bike has been 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.

 

     

     

     

     

     

    Updated Information as of 30 September 2025

    Summary of Key Questions and Answers for E-Bikes on British Roads:

    • Can I legally ride an e-bike on public roads? Yes, provided it meets the definition of an Electrically Assisted Pedal Cycle (EAPC) under UK law.
    • What are the main requirements for an EAPC? The motor’s power output must not exceed 250 Watts, and the electrical assistance must cut off when you reach 25kph (approximately 15.5 mph). For e-bikes manufactured after 2015, the power assistance must only be provided when you are pedalling. The bike must also display the manufacturer’s name and motor power output and ideally have a CE conformity mark.
    • Do I need a driving licence or insurance for an EAPC? No, you do not need a driving licence, vehicle tax, or insurance to ride an EAPC on public roads.
    • Do I have to wear a helmet? While not legally mandatory for EAPCs, wearing a helmet is strongly recommended for your safety.
    • What if my e-bike doesn’t meet EAPC specifications? If your e-bike exceeds the power or speed limits, or provides assistance without pedalling (for post-2015 models), it is legally classified as a motor vehicle. This means it would require registration, tax, insurance, and a driving licence to be used on public roads, which is generally not practical for such vehicles.
    • How do the police determine if an e-bike motor is illegal for public highway use? Police officers are trained to identify e-bikes that appear to exceed the legal EAPC specifications. This can involve visual inspection for obvious modifications, checking for throttles that provide power without pedalling (for post-2015 bikes), and examining manufacturer markings for stated power output. In cases of suspicion, the e-bike may be seized for further technical examination, which can involve specialist equipment to measure motor output and speed cut-off limits. Evidence of tampering or modifications to increase power beyond 250W or to disable the 25kph cut-off will lead to the bike being deemed non-compliant.
    • What happens to e-bikes taken by the police? If an e-bike is seized by the police because it is suspected of not complying with EAPC regulations, it will be treated as an uninsured, untaxed, and unlicensed motor vehicle. The rider may face penalties including fines, penalty points on their driving licence (if they hold one), and potentially prosecution for driving offences. The e-bike itself may be impounded, and the owner may be required to pay storage and recovery fees. If the bike is confirmed to be illegal for road use, it may be confiscated and potentially destroyed, particularly if it is deemed unsafe or cannot be made compliant.

    Summary of Key Questions and Answers for Electric Scooters on British Roads:

    • Can I ride a privately owned electric scooter on public roads, cycle paths, or pavements? No. Privately owned electric scooters remain illegal for use on public roads, cycle paths, or pavements in the UK. They are classified as Personal Light Electric Vehicles (PLEVs) and are treated as motor vehicles, subject to all associated legal requirements (MOT, tax, licensing, construction standards) which they cannot meet.
    • Where can privately owned e-scooters be used? Only on private land with the express permission of the landowner.
    • Can I ride a rental e-scooter (part of government trials) on public roads or cycle lanes? Yes, if you are participating in an authorised government rental trial. These scooters can be used on public roads and cycle lanes within the designated trial areas, but they are strictly prohibited on pavements.
    • Do I need a driving licence for a rental e-scooter? Yes, you must hold a valid driving licence with a category Q entitlement. This is typically included with a full or provisional UK driving licence for categories AM, A, or B.
    • Do I need insurance for a rental e-scooter? No, the rental scheme provider is responsible for providing the necessary insurance coverage.
    • Am I legally required to wear a helmet on a rental e-scooter? No, it is not a legal requirement, but wearing a helmet is strongly advised for your personal safety.
    • Can I be prosecuted for offences like drink/drug driving or careless/dangerous riding on an e-scooter (including rental)? Yes. As e-scooters are classified as motor vehicles for legal purposes, laws pertaining to drink or drug driving, careless driving, and dangerous driving apply to their users. Penalties can include fines, driving licence points, and even disqualification.

    Summary of Key Questions and Answers for Surron and Other High-Powered Electric Motorbikes on British Roads:

    • Are Surron electric motorbikes legal in the UK? Yes, but only specific “road legal” versions that are homologated to meet UK motor vehicle standards. Many Surron models (e.g., Light Bee X, Ultra Bee X) are designed for off-road use only and are not legal on public roads.
    • What makes a Surron or similar high-powered electric bike “road legal” in the UK? Unlike EAPCs (electrically assisted pedal cycles), Surron and similar high-powered electric bikes exceed the 250W motor output and 25kph (15.5 mph) speed assistance limits. Therefore, they are classified as motorcycles or mopeds (L1e-B, L3e-A1, or L3e-A2 categories) and must comply with all relevant motor vehicle laws.
    • What specific equipment is required for a road-legal Surron? A road-legal Surron (e.g., Surron Light Bee L1E) must be equipped with features typically found on motorcycles, including a number plate, lights (headlight, taillight, brake light, indicators), wing mirrors, a speedo, and a horn. It must also meet construction and use regulations and pass an MOT.
    • What licence do I need to ride a road-legal Surron or similar electric motorbike?
      • For models classified as L1e-B mopeds (e.g., Surron Light Bee L1E, restricted to 45 km/h or 30 mph), you need at least a provisional licence with a Compulsory Basic Training (CBT) certificate. If you have a full car licence issued before 1st February 2001, you may be able to ride without a CBT, but it is highly recommended. If your full car licence was issued after this date, a CBT is required.
      • For more powerful models classified as L3e-A1 (up to 11kW) or L3e-A2 (up to 35kW), such as the Surron Ultra Bee or Storm Bee, you will need an A1 or A2 motorcycle licence, respectively, which typically requires passing further tests after completing CBT.
    • Do I need insurance, vehicle tax, and an MOT for a road-legal Surron? Yes. As these vehicles are classified as motor vehicles, they must be registered with the DVLA, have valid third-party road risk insurance, pay Vehicle Excise Duty (road tax), and undergo regular safety checks, including a valid MOT certificate once the vehicle is three years old.
    • Can I ride a non-road-legal Surron on public roads? No. Non-homologated Surron models (e.g., Light Bee X, Ultra Bee X) are designed exclusively for off-road use. Riding them on public roads, pavements, or cycle paths is illegal.
    • What are the consequences of riding a non-road-legal Surron on public roads? Riding a non-road-legal Surron on a public highway carries the same severe penalties as riding any other uninsured, untaxed, and unlicensed motor vehicle. This can include significant fines, penalty points on your driving licence, prosecution for various driving offences (e.g., driving without a licence, insurance, or MOT), and the immediate seizure and potential destruction of the vehicle. Police forces are increasingly cracking down on the illegal use of such vehicles.
    • What about modifying or “tuning” a Surron? Modifying a Surron to increase its power or speed beyond its homologated limits will render it illegal for public road use, even if it was originally a road-legal model. Such modifications would mean it no longer complies with its registered vehicle category. Tuning is permissible for off-road use on private land with the owner’s permission, where legal restrictions on power and speed do not apply.

    Government Reviews and Consultations:

    • As of September 2025, the UK government continues to review and consult on the future legal framework for electric scooters. While there has been ongoing discussion and proposals for new legislation to create a specific vehicle category for e-scooters, allowing their legal use on public roads under defined conditions (e.g., minimum age, helmet use, technical standards), no new primary legislation has yet been enacted to change the current legal status of privately owned e-scooters. The government’s rental e-scooter trials have been extended in various regions to gather further data and inform future policy decisions.
    • For e-bikes, the Electrically Assisted Pedal Cycles (EAPC) Regulations 2015 remain the governing legislation, and there are no significant public consultations currently underway to fundamentally alter their legal status. However, the challenges faced by shared e-bike schemes highlight broader issues. For instance, the Nextbike e-bike scheme in Cardiff, which included electrically assisted bicycles, faced significant operational difficulties and ultimately ceased operations in early 2024. A primary factor contributing to its failure was widespread vandalism and theft, which rendered a substantial portion of the fleet unusable and unsustainable for the operator. This illustrates the practical challenges in implementing micro-mobility solutions, even for legally compliant e-bikes, and underscores the need for robust infrastructure and community engagement alongside legislative clarity.