Written by: Christopher Smith, PNLD Traffic Law Consultant
Not reviewed after the date of publication - 25 July 2026
In July 2020, the Department for Transport (DfT) made regulations allowing trials of rental e-scooters. There are currently 18 live trials across England and they are due to end on 31 May 2028. The trials will ultimately guide the final decision as to whether the use of e-scooters will be lawful on our roads and if so, what legislation is needed to bring the change about. This article, written by PNLD’s traffic law consultant, Christopher Smith, provides an overview of the rules, legislation changes and offences that apply to e-scooters.
Trials in local areas
E-scooters in the trials may be used on roads (except motorways) and in cycle lanes, but they cannot be ridden on the pavement. It should be emphasized that the trials don’t apply to rented scooters that don’t form part of the trial or to privately owned e-scooters. Such scooters can’t presently be legally used on roads or pavements – they can only be lawfully used on private property with the landowner’s permission.
All local areas in England, Scotland and Wales are free to participate in the e-scooter rental trials if they wish, but the final decision as to which trials take place rests with the Department for Transport (DfT).
Legislative changes
The trials necessitated the modification of existing legislation and this was done by the Electric Scooter Trials and Traffic Signs (Coronavirus) Regulations and General Directions 2020, which brought about the following changes:
- Regulation 2 modified the Road Vehicles (Registration and Licensing) Regulations 2002, removing the requirement for the vehicle to hold a nil licence and be registered with the DVLA.
- Regulation 3 modified the Motor Cycles (Protective Helmets) Regulations 1998, removing the requirement for the rider of an electric scooter, being used in a trial, to wear a motorcycle helmet.
- Regulation 4 modified the Motor Vehicles (Driving Licences) Regulations 1999, permitting full and provisional licence holders of an AM, A or B licence to ride an electric scooter being a category Q vehicle, as defined in the Regulations, under the terms of their current licence. Regulation 4(7) removes the requirement to complete the moped basic training under regulation 43(5) of the 1999 Regulations, prior to driving a Category Q vehicle, as it relates to electric scooters being used in a trial.
- Regulation 5 modified the Traffic Signs Regulations 2016, to amend the meanings, found in Schedule 1 of a ‘cycle lane’, ‘parallel crossing’, ‘pedestrian and cycle zones’, ‘refuge for pedestrians and cyclists’ and ‘toucan crossing’, and to permit an electric scooter, being used in a trial, to share those types of road spaces. Supplementary amendments have been made to the Schedules to clarify that signs relating to pedal cycles, also represent electric scooters, being used in a trial.
- In Part 2, direction 2 makes amendment to the Traffic Signs General Directions 2016, to clarify that directions to pedal cyclists, also apply to drivers of electric scooters being used in a trial.
The DfT and local areas are running the trials jointly. The DfT will coordinate and support the development of proposals, working closely with local areas; prepare and introduce the legal changes that allow trials to proceed; let and manage a contract for central monitoring and evaluation across all trial areas; and provide final approval for trial proposals that meet their requirements. Local areas will consider their trial requirements and objectives together with those set out by the department; work openly with e-scooter operators to understand how they can meet those requirements; and put in place proportionate processes to assess, select and ultimately procure services from operators.
Technical requirements
Regulation 33 (Nil licences) of the Road Vehicles (Registration and Licensing) Regulations 2002 states that ‘electric scooter’ means:
- is fitted with an electric motor with a maximum continuous power rating not exceeding 500 watts;
- is not fitted with pedals that are capable of propelling the vehicle;
- has two wheels, one front and one rear, aligned along the direction of travel;
- is designed to carry no more than one person;
- has a maximum weight, excluding the driver, not exceeding 55 kgs;
- has a maximum design speed not exceeding 15.5 miles per hour;
- has a means of directional control through the use of handlebars which are mechanically linked to the steered wheel;
- has a means of controlling the speed through hand controls; and
- has a power control that defaults to the 'off' position;
The ‘no provision for seating’ requirement was removed so that e-scooters with seats can take part in the trial, providing they also comply with the other requirements.
Insurance and driving licences
From a legal perspective, e-scooters in the trials will be treated as similarly as possible to electrically assisted pedal cycles (EAPCs), with one important difference; e-scooters will continue to be classed as motor vehicles. This means that users of e-scooters in the trials must have insurance and a valid licence for the type of vehicle.
Regarding insurance, it is understood that rental operators will make sure a policy of insurance is in place covering the e-scooter’s use.
With regarding to licensing, to use a rental e-scooter in the trial, riders must have either a provisional or full UK driving licence with a category Q entitlement. You can drive a category Q vehicle if your driving licence permits you to drive vehicles in category AM, A or B. Note that provisional licence holders don’t need to display L-plates whilst riding an e-scooter in the trial.
Foreign licence holders can use rental e-scooters in the trial if they have a valid full licence from an EU or European Economic Area (EEA) country (so long as this does not prohibit them from driving low-speed mopeds and motorcycles), or, if they have a valid full licence from another country that entitles them to drive a small vehicle (for example, cars, mopeds or motorcycles) and they entered the UK within the last 12 months. People cannot use a rental e-scooter if they have an overseas provisional licence, learner permit or equivalent.
Additional rules/advice
The following rules/advice apply to rental scooters:
- Helmets are recommended but are not a legal requirement – riders should wear a cycle helmet.
- Wear light-coloured or fluorescent clothing so that other road users can see you.
- The maximum speed for a rental e-scooter is 15.5 mph but in some areas it may be lower.
- Rental e-scooters must only be used by one person at a time.
- Riders must not use a mobile phone when using an e-scooter. They may use a screen to display navigation information, but this must be set up before they set off.
- Riders must not tow anything using a rental e-scooter.
- Riders should always ensure bags or other small items they are carrying will not cause a danger to them or others – for example, never hang them from the handlebars.
- Riders should refer to the terms of use of the e-scooter operator before renting a trial e-scooter.
- The minimum age to drive a rental scooter (classed as a category Q vehicle) is 16.
Offences
During trials, e-scooters continue to be classed as motor vehicles, users can be prosecuted for a range of offences. Some of the more common ones that may apply, are listed below, but it will obviously depend on the circumstances:
- Dangerous driving – section 2 of the Road Traffic Act 1988.
- Careless driving – section 3 the Road Traffic Act 1988.
- Driving or being in charge, when unfit through drink or drugs – section 4 the Road Traffic Act 1988.
- Driving or being in charge, when over the prescribed limit (alcohol) – section 5 the Road Traffic Act 1988 (rider could be breath tested).
- Driving or being in charge, when over the specified limit (drugs) – section 5A the Road Traffic Act 1988.
- Failing to comply with traffic signs / signals / markings – section 36 the Road Traffic Act 1988.
- Driving other than in accordance with a driving licence – section 87 the Road Traffic Act 1988.
- Failing to comply with accident obligations – section 170 the Road Traffic Act 1988.
- Driving on the pavement – section 72 Highways Act 1835.
- Driving while using a mobile phone – regulation 110 of the Road Vehicles (Construction and Use) Regulations 1986.
Future legislation
During the trials, e-scooters will continue to be classed as motor vehicles. However, in the future, the Government may look to amend the law to treat e-scooters more like Electrically Assisted Pedal Cycles (EAPCs), which are not classed as ‘motor vehicles’ in law (see section 189 of the Road Traffic Act 1988). As mentioned at the start of this article, the trials will ultimately guide the final decision as to whether the use of e-scooters will be lawful on our roads and if so, what legislation is needed to bring the change about.
In compiling this article, I would like to express my thanks to staff at the DfT for their help.
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