E-Scooter Legality

The law over use of electric scooters is obscured by a lot of legal jargon. The problem is that that EU have certain policies but the various governing agencies apply their own interpretations to the EU Statutory Instruments resulting in information open to misinterpretation. Electric Leisure/Sports Scooters and bikes 'do' not, it seems, as yet, have a classification of their own whereas street-legal scooters do. We have tried to simplify this for you below.
EU law and government policies provide that certain ‘classes’ of electric vehicles fall outside of any taxation class, whilst others may be classed as 50cc mopeds for insurance purposes and would therefore require the driver to hold a license and wear appropriate protection.
Some Electric scooters are marketed as being Street Legal since they have adequate braking, lighting and horn. However, if a scooter or bike falls outside the EAPC guidelines it must have a certificate of conformity from the manufacturer and be registered for road use by the DVLA if it is to be used in the UK public roads.
We see plenty of push-bikes on our pavements and since micro kick-scooters, also don’t appear to have any form of restriction (other than road use) it might be assumed that their motor-driven counterparts can also be used on the pavement. It is true that the police often turn a blind eye to push-bikes and electric micro-scooters on the pavements but the fact is both are illegal. The only truly safe place to use a motorised leisure scooter is on private land. Although dedicated cycle ways seem still to be an option at the moment.

The DVLA have an enquiry line to assist members of the public in identifying exactly what sort of scooter they have and the legal category into which it will fall, the number being 0870 2400010. This should be the first point of contact to assist in identifying exactly which category the scooter falls into and where it can be used.

The Electrically Assisted Pedal Cycle (EAPC) Regulations advise us that vehicles meeting the criteria would fall outside of any legal requirement for taxation, MOT test, insurance, VOSA Certificate of Conformity and DVLA registration. In addition the rider would not be required to hold insurance, a license to drive nor wear a crash helmet and could ride such a vehicle from the age of 14 upwards.
In short an EAPC is categorised as:

An electrically assisted vehicle
Having a motor power of no more than 200 Watts (Bicycle) or 250 Watts (Tricycle or Tandem)
A maximum unladen weight (not including batteries) of 40Kg (Bicycle) or 60Kg (Tricycle or Tandem)
The facility to be operated solely by pedals when power is removed.
A maximum road speed of 16mph (25KmH) under power.

From The Department for Transport Website:

There are some pedal cycles that are different due to several factors. This may be due to the motor power output, speed up to which power can be provided, weight, or that it doesn’t have pedals used to help power the machine. There are also some electric cycles that have a switch offering a temporary increase in top speed, often advertised as an ‘off road’ facility. It is the understanding of the Department for Transport (DfT) that these vehicles do not meet the EAPC requirements. You’ll need to type approve, register and tax the pedal cycle. You’ll also need a driving licence and to wear a motorcycle helmet

In response to this RusTeK (and other companies) have argued that this is NOT actually a statement of law, only what the DfT would choose to adopt. The EU legislation does not provide for any particular means for restriction and that, however the restriction is achieved, it is the responsibility of the driver to ensure the proper restriction is in place. When petrol mopeds were restricted by power this was achieved by baffling the exhaust. Many owners took the risk and de-restricted their bikes by removing these baffles. The bike did not become illegal because this was possible, only because it had been carried out by the owner.

For vehicles falling outside the EAPC criteria and designed for public road use in the UK, a certificate of conformity must be obtained from The Vehicle and Operator Services Agency (VOSA)
Then the vehicle must be registered with the DVLA.

From The VOSA Website (Vehicle and operator Services Agency) Vehicle Certificate Of Conformity Application Form:

Definitions of vehicle types
Mopeds
Low powered moped
● a moped with pedals,
● with auxiliary propulsion not exceeding 1kW, and
● a maximum design speed not exceeding 25km/h (16mph).
2 wheeled vehicle
● with a maximum design speed not exceeding 45km/h (28mph) (48km/h [30mph] if manufactured before 08/08/03),
● fitted with an internal combustion engine having a cylinder capacity not exceeding 50cc, or
● fitted with an electric motor with a maximum continuous power not exceeding 4kW.
3 wheeled vehicle
● with a maximum design speed not exceeding 45km/h (28mph) (48km/h [30mph] if manufactured before 08/08/03),
● fitted with a spark ignition internal combustion engine having a cylinder capacity not exceeding 50cc, or
● fitted with any other internal combustion engine which has a maximum net power output not exceeding 4kW, or
● fitted with an electrical motor with a maximum continuous power not exceeding 4kW,
● not exceeding 270 kg unladen, and
● if designed to carry goods a payload not exceeding 300kg.
4 wheeled vehicle (light quadricycle)
● with a maximum design speed not exceeding 45km/h (28mph) (48km/h [30mph] if manufactured before 08/08/03),
● fitted with a spark ignition internal combustion engine having a cylinder capacity not exceeding 50cc, or
● fitted with any other internal combustion engine which has a maximum net power output not exceeding 4kW, or
● fitted with an electrical motor with a maximum continuous power not exceeding 4kW,
● not exceeding 350kg unladen, and
● if designed to carry goods a payload not exceeding 200kg.
If any of the above moped classes are powered by an electric motor the weight of the batteries must not be included in
the unladen weight.
A vehicle fitted with an electrical motor with a maximum continuous power of more than 4kW will be classed as a Motorcycle or Motor Tricycle as appropriate.
Motorcycles
2 wheeled vehicle
● with or without sidecar,
● fitted with an internal combustion engine having a cylinder capacity of more than 50cc and/or a maximum design
speed of more than 45km/h (28mph).
Motor Tricycles
3 wheeled vehicle (with 3 symmetrically arranged wheels)
● fitted with an internal combustion engine having a cylinder capacity of more than 50cc and/or a maximum design
speed of more than 45km/h (28mph),
● not exceeding 1000kg unladen, and
● if designed to carry goods a payload not exceeding 1500kg.
4 wheeled vehicle (heavy quadricycle)
● fitted with an internal combustion engine having a cylinder capacity of more than 50cc and/or a maximum design
speed of more than 45km/h (28mph),
● the maximum net engine power not exceeding 15kW,
● not exceeding 400kg unladen (550kg for goods vehicles), and
● if designed to carry goods a payload not exceeding 1000kg,
● the weight of the batteries not being included in the unladen weight.

The requirement for a Certificate Of Conformity does not apply to the following vehicles:
● Cycles with pedal assistance which are equipped with an auxiliary electric motor having a maximum continuous rated power of 0.25kW, of which the output is progressively reduced and finally cut off as the vehicle reaches a speed of 25km/h, or sooner, if the cyclist stops pedalling.