23 August 2023

In the first of its kind, the world’s greatest cyclists came together to compete in one ‘mega event’ in Glasgow at the UCI Cycling World Championships 2023. The Championships covered a variety of disciplines between the track, road and cross-country. Some events were more familiar than others. I, for one, had never heard of artistic cycling before, nor indeed cycle-ball. The skills on display were impressive.

Overall, the Championships have been heralded as a great success for the city. 

But there was one unfortunate incident in which an Italian rider (Simone Consonni, an Olympic Gold medallist) had his competition cut short after colliding with an e-bike rider whilst on a training ride near the River Clyde.  The e-bike rider reportedly fell into the river following the collision.  Consonni suffered a broken collarbone and wrist.

E-bikes, and e-scooters, have become quite the feature of modern transport.  E-bikes are commonly used in the food delivery industry and, as cities become ‘low emission zones’, environmentally-friendly modes of transport are becoming more important to the climate change problem.  E-bikes and e-scooters may be part of the solution.

They are, however, rather distinct from each other in terms of the law. 

E-Bikes

An e-bike has a motor and is powered by a battery which assists the rider as they pedal. Like normal pedal cycles, they are permitted on roads and cycle lanes.  It follows that e-bike riders do not require third party insurance or a driving licence. 

In order to be considered an e-bike, it must meet the requirements of the Electrically Assisted Pedal Cycle (Amendment) Regulations 2015.  These regulations require the motor to have a maximum power output of 250 watts and a maximum speed of 15.5mph. 

Crucially, the e-bike must have pedals which can be used to propel it.  This is what sets the e-bike apart from say a motorcycle; an e-bike rider is still required to pedal in order for the e-bike to move.

Any e-bike which does not meet the EAPC regulations is classed as a motorcycle or moped.  In turn, that requires the vehicle to be insured and for the rider to have a driving licence.

E-Scooters

E-scooters are classified as Personal Light Electric Vehicles (PLEVs).  Segways, e-unicycles and e-skateboards are also considered PLEVs.

Generally, e-scooters are legal to buy but illegal to ride on UK roads, pavements and cycle lanes, except on private land with the landowner’s permission. 

There are, however, a number of UK Government-backed hire schemes in certain areas of the UK (but none in Scotland).  These trials have been extended to May 2024. 

In order to hire an e-scooter under the scheme, the rider must be 18 years or older, must have at least a provisional driving license and must not ride the e-scooter on pavements.  E-Scooters in these schemes must be covered by a motor vehicle insurance policy.  Cover will be arranged by the rental provider.

Otherwise, it is not possible to buy insurance for a private e-scooter.

Criminal Implications

Outside of the rental schemes, it remains illegal to use privately-owned e-scooters on public roads or pavements.  Riders who breach this face a £300 fixed penalty notice and 6 points on their driving licence.  Despite this, as at December 2021, it was estimated by the Department of Transport that 750,000 e-scooters may be in private ownership.

Civil Implications

With increased use of e-bikes and e-scooters, comes increased risk of accidents and injury.  Recent statistics published by the Parliamentary Advisory Council for Transport Safety (PACTS) denote a clear upward trend of collisions and injuries involving e-scooters between 2021 and 2022.

This leads to an anticipated increase in claims for personal injury.  Further claims are expected in fire damage claims, due to the lithium battery component on e-vehicles.  London Fire Brigade recently reported that, so far in 2023, they have been called to an e-bike or e-scooter fire once every two days.

Personal Injury

With private e-scooters being ridden illegally on public roads, it is foreseeable that a defence could be based on ex turpi causa non oritur.  Essentially, this would be a defence to the effect that an injured e-scooter rider riding on a public road ought not to be able to pursue damages if the injury arises in connection with their own illegal act.

However, this will only be one aspect of the defence.  Other factors such as the standard of riding, whether the rider was clearly visible, and whether or not the rider was under the influence, or riding with a passenger, will also be relevant considerations.  At the very least, these raise issues of contributory negligence.

What does the future hold?

PACTS have made a number of safety recommendations for consideration by the Government.  These include a minimum rider age of 16, a factory-set speed limit of 20kmh, a 250 watt power limit and a ban on riding with passengers, on pavements, whilst using a mobile phone and whilst under the influence.  It remains to be seen what recommendations will be taken forward, but the direction of travel is clear; e-transport is increasing in popularity.  This in turn will present new challenges for insurers. Watch this space.

Rhona McKerracher, Associate: rmk@bto.co.uk / 0141 221 8012