E-scooters - the Christmas present that could see your child breaking the law | Bolt Burdon Kemp E-scooters - the Christmas present that could see your child breaking the law | Bolt Burdon Kemp

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E-scooters – the Christmas present that could see your child breaking the law

As Christmas approaches, parents are looking for the perfect gift for their children, and with technology all the rage, an e-scooter may seem like the ideal choice.

But, buying one may see your child breaking the law.

Fears around e-scooter safety have even seen a councillor in Northumberland issue a plea to parents to think carefully before buying one as a festive gift.

Gordon Stewart, Northumberland County Council’s cabinet member for public safety, told the Northumberland Gazette that police and councils are overrun with complaints about e-scooters being ridden erratically, adding: “The dangers are so apparent to all.”

His is an important message and one we strongly echo at Bolt Burdon Kemp.

The law: still confusing, still restrictive

Although e-scooters are widely available to buy, privately owned e-scooters cannot legally be used on public roads, pavements or in most public spaces in the UK.

Under the current legislation, private e-scooters are classified as a motor vehicle under the Road Traffic Act. This means, like cars and motorcycles, it is a legal requirement to hold a valid third-party insurance policy when travelling on public roads. However, unlike the Government-approved rental e-scooters, insurance cover is not available for private e-scooters. This means private e-scooter users cannot meet the necessary legal requirements to ride them in public spaces legally.

This means if parents are considering buying an e-scooter for their child this Christmas, the reality is, it can only be used legally on private land and with the landowner’s permission. For many families, this will be far more limiting than they expected, and not quite the gift they thought they were giving.

Why they’re not a safe Christmas gift

The legal issues alone should give any parent pause. But legality is only part of the story.

Safety concerns around e-scooters are growing, with a continuing rise in the number of e-scooter-related injuries being reported across the UK. This is especially worrying when e-scooters are given to children or young teenagers who may not appreciate the risks or rules governing their legal use.

Private e-scooters lack the robust safety controls found in rental versions: they can travel at higher speeds, are easier to modify and do not include remote speed enforcement or location restrictions. When used on pavements or roads they can pose a real danger to the rider, pedestrians and other road users.

A Christmas gift shouldn’t put a child at risk from either a legal or safety perspective. Unfortunately, until the legislation changes, an e-scooter still can.

How BBK and PACTS are working for change

Bolt Burdon Kemp has been working closely with a sub-group of the Parliamentary Advisory Council for Transport Safety to highlight these issues and push for updated, effective, safety-led legislation.

Through our collaboration with PACTS, and our own policy work, BBK continues to push for legislation that is clear, coherent and capable of keeping people safe. We believe that if e-scooters are to become a permanent part of the micro-mobility landscape, they must be regulated in a way that protects both riders and the public.

However, until that happens the legal and practical risks remain.

Think twice before wrapping that e-scooter

E-scooters may look like an exciting present, but the reality is more complicated and far more risky than many parents realise. Before purchasing one this Christmas, it’s important to understand that a private e-scooter cannot be used legally on public roads and may expose young people to dangers they’re not prepared for.

This festive season, the safest choice may be to leave e-scooters off the gift list altogether.

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