Micromobility: what is the current state of legality and regulation?

As the UK’s capital continues trials of rental e-scooters , the future of ‘micromobility vehicles’ is once more in the spotlight.

In fact, the London schemes come relatively late. Around 50 UK towns and cities have introduced rental schemes since July 2020, when the Covid-19 pandemic prompted the Government to bring forward trials as part of its ‘green restart’. By December 2021, over 14.5 million journets had been made.

Some trials have ended, some areas have withdrawn, and some trials have been extended.  Eventually, the findings will be used used to shape future policy.

We could soon be seeing many more of these ‘powered transporters’ on the UK’s roads. However, questions remain about both their safety and their environmental credentials.

The regulatory framework

Micromobility vehicles, such as e-scooters, Segways, hoverboards, and even powered unicycles, are lauded for their potential to provide an environmentally-friendly and healthy alternative to cars in our congested cities.

Unlike electrically-assisted bicycles and mobility scooters, ‘powered transporters’ are categorized as ‘mechanically propelled vehicles’ under the Road Traffic Act 1988. This means they are subject to the same licensing, insurance and registration requirements as cars.

However, in practice, it is impossible for riders to fulfil these requirements. It is therefore legal to buy and sell e-scooters, but not to ride them on the roads, cycle paths or pavements. Those caught riding private scooters anywhere other than on private land face penalties including fines and points on their driving licence.

In its ‘Future of Mobility: Urban Strategy’ of March 2019, the Department for Transport promised to review this legal limbo.

The pandemic effect

Back in 2019, e-scooters were already widely used in cities around the world. McKinsey forecast the micromobility market would boom to $300-500 billion worldwide by 2030.8

The Covid-19 pandemic changed all that. In the short term, the sector was devastated, as journeys plummeted. However, in the medium term, it was boosted: people saw travelling by e-scooter as less of an infection risk than buses or trains, and authorities invested in cycle lanes.

By 2030, McKinsey believes that average journey distances will increase, and there could be a boost of five to ten per cent in passenger-kilometres travelled over its 2019 base case model.

Future of Transport Regulatory Review

The pandemic prompted the UK Government to accelerate its plans to regulate micromobility vehicles. As part of its ‘Future of Transport Regulatory Review’, it launched a consultation and a call for evidence in early 2020. BSI and its technical committee contributed to the review.

In their evidence, e-scooter operators cited existing standards, drawing on German regulations in particular.

Two BSI standards are relevant. The first is BS EN 15194:2017 – Cycles. Electrically power assisted cycles. EPAC Bicycles.

The second is BS EN 17128: 2020 - Light motorized vehicles for the transportation of persons and goods and related facilities and not subject to type-approval for on-road use. Personal light electric vehicles (PLEV). Requirements and test methods.

Many respondents believed that micromobilty vehicles should be regulated in line with e-bicycles, with additional restrictions around speed, power, weight, braking, and lights and reflectors.

E-scooter trial schemes 2020-2021

Alongside this review, the Government announced e-scooter rental trials.

Under the terms of these ongoing schemes, operators have to provide insurance. Scooters must have a maximum speed of 15.5mph, a maximum vehicle mass of 55kg, and a maximum motor power of 500W.

Riders must have driving licences: at minimum, a provisional moped licence. Penalty points and fines apply for those who break road traffic rules.

It is recommended that operators use automatic lights on their vehicles and offer training; and that riders wear helmets.

It remains illegal to ride private e-scooters on public roads, to ride e-scooters on the pavement, to carry passengers, or to allow children to ride.

In London, the safety standards of the newly announced trials are even more stringent. There is a maximum speed of 12.5mph, front and rear lights must always be on, and each scooter will have an audible warning system that can be used without adjusting the rider’s grip on the handlebar.

The trials are launching in a few boroughs, with more expected to join as the scheme progresses.

Environmental credentials

While e-scooters are emission-free at the point of use, greenhouse gases are created by their manufacture, management, usage and disposal. Therefore, one key aspect that the trials will investigate is how environmentally friendly e-scooters really are.

Firstly, it’s important that the rental schemes demonstrate the right type of ‘modal shift’, replacing car journeys and therefore improving air quality.

However, trials in French cities in 2019 suggested that 44 per cent of journeys made by e-scooter would have otherwise been made by foot, while 30 per cent would have been by bus. Only eight per cent replaced car journeys.

Just how green?

The life span of e-scooters will also be under the spotlight. One peer reviewed study examined the life cycle of a shared e-scooter, including greenhouse gases emitted during their manufacture and the process of charging them (especially the service vehicles used to collect them). It found that while their environmental impact was considerably lower than that of the average car, it was far greater than that of buses.

However, independent research into Voi’s Paris rental scheme found that introducing measures such as an electric service fleet, swappable batteries, and more durable scooter design cut their emissions by 71%. The company, which runs rental schemes in Bristol, Birmingham, Liverpool and many other UK locations, says it has been carbon neutral since January 2020.

The sustainable transport charity Sustrans offers a cautious welcome, stating: “With the right governance between the public and private sectors, e-scooters have the potential to provide a useful addition to traveller choice. They could help reduce congestion and improve air quality in urban areas if they replace journeys by car.”

The future of micromobility

The House of Commons Transport Committee has now recommended that e-scooters are legalised, saying: ‘They have the potential to offer a low-cost, accessible and environmentally friendly alternative to the private car.’

Hopefully, the e-scooter trials will provide some insights into pertinent issues.

How could rental schemes be integrated into the public transport system to provide that all-important ‘first and last mile’ solution and encourage people out of their cars?

How do we protect road users when it comes to legalising private scooters or allowing people without driving licences to ride them? How can we ensure that people with disabilities are not disadvantaged by e-scooters parked – or ridden – on pavements?

BSI will continue to contribute to the development of regulations and safety standards in this area.