Dear Joe Edwards,
Thank you for your email received in the Office of the Police and Crime Commissioner (OPCC).
I would like to provide you with some information with regards to how Thames Valley Police (TVP) are dealing with the illegal use of both e-scooters and e-bikes and the current position of the Police and Crime Commissioner with regards to this.
An electric scooter (e-scooter) falls within the legal definition of a motor vehicle, which means that whilst it may be used on private property with the permission of the land owner, it is currently illegal to use it on a public road without complying with a number of legal requirements, or use it in spaces that are set aside for pedestrians, cyclists and horse riders which includes on the pavement, footpaths, cycle lanes and bridleways.
The government is currently conducting trials of rental e-scooters to ascertain the viability of a change in the law. Those who take part in the trials can legally use rented e-scooters on the road and cycle lanes.
The trial of e-scooters has made it quite confusing for people to understand what is and isn’t allowed, added to which there is generally little or no information given at point of sale on the legal situation around the use of e-scooters.
This has given rise to a situation where e-scooter users can be treated completely differently depending on whether an individual has hired an e-scooter from an approved hirer, or whether it is a privately owned vehicle.
To address this inconsistency Thames Valley Police (TVP) has decided to employ the strategy of:
Engage
Educate
Enforce
To start conversations with e-scooter and e-bike riders, officers will explain to them the offences of using the vehicle on the road and explain how the vehicle could be seized under Section 165 of the Road Traffic Act.
The rider should then be told that they can no longer use the powered transporter on a road or in a public place, and to do so would leave them open to prosecution. The rider should be issued with a warning letter. Should further infringements occur by the same rider, then enforcement processes would follow.
Recently released statistics detail that from the 1 June 2024 to 8 September 2024, Thames Valley Police have seized 118 e-scooters and e-bikes with further information pertaining to this, available through the following link: https://www.thamesvalley-pcc.gov.uk/news/e-scooters-e-bikes-seized-in-three-months-thames-valley/
In addition to this, Matthew Barber has written to four major retailers (Argos, Currys, Decathlon and Halfords) in an effort to prevent the sale of illegal e-scooters.
In his letter to retailers, Matthew Barber said: “The use of privately owned e-scooters in public places is currently illegal. E-scooters are classed as motor vehicles, requiring insurance, which is currently not available. I know that you are aware of this fact, as you include a disclaimer on your website, yet you continue to offer these products for sale.
“Of course, I entirely accept the sale of e-scooters is perfectly legal as they could be used on private land, and indeed in due course the legal position may well change. I also appreciate as a commercial entity you are entitled, and indeed obliged, to deliver profit for the business. Nevertheless, I would ask if you consider the continued sales to be consistent with being a responsible corporate citizen.
“Approved e-scooter pilots only operate in limited areas, provide insurance, and require a driving licence. Despite your disclaimer, you are well aware that the vast majority of these products sold in your stores and online will be used illegally.
“This is not just a technical point of law, but also one of risk to your customers and the wider public. Encouraging the use of these vehicles leads to uninsured, unlicensed riders on our roads, often without any safety equipment such as helmets.
“I fully understand that there is nothing to prevent you selling these products, but I would ask you to consider if it is responsible to continue to do so. No doubt, you feel the disclaimer gives you protection by having informed your customers, but we both know that this is a bureaucratic nicety.
“I would ask if you would be content for your children to ride an e-scooter illegally, potentially putting themselves and others at risk and urge you to reconsider your position.”
Mr Barber certainly shares the concerns of the community about the dangerous and reckless driving of e-bikes and e-scooters and has asked the Chief Constable of Thames Valley Police to increase enforcement activity. Whilst enforcement is certainly important, Mr Barber also calls on the government to tighten up the law on these vehicles.
In October 2024, Mr Barber published his Road Safety strategy which outlines the collaboration needed to create safer roads for all and focuses on enhancing the enforcement capabilities of the police, working with partner agencies to design safer roads and improving the emergency services response when incidents do occur.
The strategy promotes the application of the Safe Systems Approach to road safety and includes educating the public about safe driving practices and traffic laws and the enforcement of such laws.
The Road Safety Strategy can be found through the following link: https://www.thamesvalley-pcc.gov.uk/wp-content/uploads/2024/10/Road-Safety-Strategy-FINAL.pdf
I hope that this is helpful. I wish to thank you for bringing your concern to the attention of the Police and Crime Commissioner for Thames Valley.
Kind Regards
Claire Morton
Governance Officer
Office of the Police and Crime Commissioner
The Farmhouse,
Oxford Road,
Kidlington,
Oxon OX5 2NX
