Mobility Scooter and Power Wheelchair Law
Drunk In Charge Of A Mobility Scooter, What's The Law?
In this link it is argued by a solicitor and a retired barrister, and two courts, as to whether the user of a mobility scooter can be successfully prosecuted under s4 of the Road Traffic Act (RTA) 1988 however, there is, according to this other case another offence of being drunk in charge of a carriage which applies to any vehicle – bicycle, horse and cart, or invalid carriage..
"A disabled pensioner has been convicted of riding his mobility scooter while over the drink-drive limit, under an obscure Victorian law dating back almost 140 years. Peter Bright, 63, was pulled over by police while riding home along an A road after a drinking session with friends. But because mobility scooters are not covered by current drink-drive laws, Bright had to be prosecuted under a ‘carriage law’ dating from the 19th century. Mr Bright told magistrates: ‘I only had three cans of beer with some friends and didn’t think there was anything wrong with that at all. 'I might have been over the limit but I wasn’t drunk.’. The defendant, who was representing himself in court, admitted the charge of driving a mechanically propelled vehicle on a road while unfit to drive through drink. But he told the court he thought he would be safe driving under the influence because both his ‘senile’ father and young grandchild were capable of controlling it. He said: ‘My father had a buggy like mine and he was quite senile and we used to get calls from the police to go and pick him up all the time, so I didn’t think it would be a problem. “My five-year-old granddaughter could drive it.’ The 1872 Licensing Act was originally brought in to crack down on anyone caught drunk in charge of a carriage, steam engine, a horse or a cow. Richard Paterson, prosecuting, told the court that Bright’s mobility scooter would have to be classed as a carriage. He said: ‘The police were called in relation to Mr Bright driving his mobility scooter along the A140 and there were some concerns about the way that it was being driven. ‘He was stopped by the police, breathalysed and arrested as a result.’ 'The offence falls outside the normal drink drive laws and that leaves us with a very old provision from 1872, which is part of the Licensing Act.’
The court heard that Bright had 122mg of alcohol per 100ml of blood – 42mg more than the legal limit of 80mg – when he was pulled over on the A140 at Long Stratton, Norfolk, in May. Chair of the Bench, Geoff Evans, said that being over the limit would have affected Bright’s ability to drive the scooter and that he may have become a hazard to himself and other people. He was fined £50 plus a £15 victim surcharge.
Most of the 1872 Licensing Act has been superseded but some of it remains in force. The law still creates an offence of being drunk in public and of being drunk in charge of a carriage – since reinterpreted to include bicycles.
The crime has a maximum penalty of £200 or 51 weeks in prison.
Simon Nicholls, a Norwich solicitor, said: ‘The vehicle he was driving did not fall within the definition of a motor vehicle under the Road Traffic Act, and therefore they could not prosecute him as if it was a motor vehicle.
‘They had to prosecute him for being drunk in charge of a powered carriage, which was a law made before they had road motor vehicles.
‘It’s definitely not the first time it has been used but it isn’t very common’"
Daily Mail
"A disabled pensioner has been convicted of riding his mobility scooter while over the drink-drive limit, under an obscure Victorian law dating back almost 140 years. Peter Bright, 63, was pulled over by police while riding home along an A road after a drinking session with friends. But because mobility scooters are not covered by current drink-drive laws, Bright had to be prosecuted under a ‘carriage law’ dating from the 19th century. Mr Bright told magistrates: ‘I only had three cans of beer with some friends and didn’t think there was anything wrong with that at all. 'I might have been over the limit but I wasn’t drunk.’. The defendant, who was representing himself in court, admitted the charge of driving a mechanically propelled vehicle on a road while unfit to drive through drink. But he told the court he thought he would be safe driving under the influence because both his ‘senile’ father and young grandchild were capable of controlling it. He said: ‘My father had a buggy like mine and he was quite senile and we used to get calls from the police to go and pick him up all the time, so I didn’t think it would be a problem. “My five-year-old granddaughter could drive it.’ The 1872 Licensing Act was originally brought in to crack down on anyone caught drunk in charge of a carriage, steam engine, a horse or a cow. Richard Paterson, prosecuting, told the court that Bright’s mobility scooter would have to be classed as a carriage. He said: ‘The police were called in relation to Mr Bright driving his mobility scooter along the A140 and there were some concerns about the way that it was being driven. ‘He was stopped by the police, breathalysed and arrested as a result.’ 'The offence falls outside the normal drink drive laws and that leaves us with a very old provision from 1872, which is part of the Licensing Act.’
The court heard that Bright had 122mg of alcohol per 100ml of blood – 42mg more than the legal limit of 80mg – when he was pulled over on the A140 at Long Stratton, Norfolk, in May. Chair of the Bench, Geoff Evans, said that being over the limit would have affected Bright’s ability to drive the scooter and that he may have become a hazard to himself and other people. He was fined £50 plus a £15 victim surcharge.
Most of the 1872 Licensing Act has been superseded but some of it remains in force. The law still creates an offence of being drunk in public and of being drunk in charge of a carriage – since reinterpreted to include bicycles.
The crime has a maximum penalty of £200 or 51 weeks in prison.
Simon Nicholls, a Norwich solicitor, said: ‘The vehicle he was driving did not fall within the definition of a motor vehicle under the Road Traffic Act, and therefore they could not prosecute him as if it was a motor vehicle.
‘They had to prosecute him for being drunk in charge of a powered carriage, which was a law made before they had road motor vehicles.
‘It’s definitely not the first time it has been used but it isn’t very common’"
Daily Mail
DVLA, The Law, And Insurance
Check the latest mobility scooter law here
Check the law on 'Powered Transporters' here
I'm not against the law changing to allow mobility scooters to moderately exceed the current limit of 8mph on the road for Class 3, some are safely capable, with modification, of safely doing more than 8mph. On the road there are situations where faster than 8mph would be safer, I know, I regularly ride my Class 3 mobility scooter on roads, and I'm a car driver. However what I think is not relevant, the law says many things about mobility scooters and one is that they must not be capable of more than 8mph. That being the case it is a criminal offence to be in a public place, road or elsewhere, with one capable of more than 8mph, and any insurance is likely to be invalid because of the small print.
Mobility scooters and powered wheelchairs intended for road use must be registered with the DVLA (free) and conform to certain conditions. Check whether a vehicle is registered as an ‘invalid carriage’ by asking the seller when you buy it, it is your responsibility to see that it is registered in your name and confirmed with the DVLA each year. A few companies sell 'mobility scooters' capable of speeds in excess of 8mph, these are not mobility scooters and most insurers insist on the maximum speed of 8mph and any insurance bought will be invalid anyway if the machine is found to be capable of speeds in excess of 8mph. An insurer may offer insurance classifying the item as a 'Powered Transporter', like an electric scooter. One such insurer, to quote, says "Public Liability cover for accidents - If you’re deemed liable for accidentally injuring someone or damaging property whilst using your e-scooter, we’ll cover the costs of any claims made against you." but then lower down, less prominently, "Please note: It is currently against the law in the UK to ride e-scooters on public land including parks, pavements, footpaths, and roads. You will only be covered by this policy when using your e-scooter on private land with the landowner’s permission.". You decide whether you think that is ethical.
Whilst insurance is not, at the time of writing, a legal requirement for mobility scooters prosecutions for damages for injury to persons and property are unlimited and can run into many thousands of pounds, your home may be at risk! So I suggest complying with the law as it stands, not as one might wish it to be, and have valid insurance. I wish that companies would stop selling scooters that common sense says will be used where they are illegal to be used and with no valid insurance, however it's not illegal for them to do so but it is ill advised to, they may still be held liable, see here.
Check the latest but as at 24 December 2021 the law reads:
https://www.gov.uk/mobility-scooters-and-powered-wheelchairs-rules
Mobility scooters and powered wheelchairs come in 2 categories:
‘class 2 invalid carriages’ - these cannot be used on the road (except where there is not a pavement) and have a maximum speed of 4mph
‘class 3 invalid carriages’ - these can be used on the road, and have a maximum speed of 4mph off the road, and 8mph on the road
Rules for class 3 invalid carriages
The law calls mobility scooters and powered wheelchairs that can be used on the road ‘class 3 invalid carriages’. They must have the following features:
a maximum unladen weight of 150kg
a maximum width of 0.85 metres
a device to limit its speed to 4mph
a maximum speed of 8mph
an efficient braking system
front and rear lights and reflectors
direction indicators able to operate as a hazard warning signal
an audible horn
a rear view mirror
an amber flashing light if it’s used on a dual carriageway
Check the law on 'Powered Transporters' here
I'm not against the law changing to allow mobility scooters to moderately exceed the current limit of 8mph on the road for Class 3, some are safely capable, with modification, of safely doing more than 8mph. On the road there are situations where faster than 8mph would be safer, I know, I regularly ride my Class 3 mobility scooter on roads, and I'm a car driver. However what I think is not relevant, the law says many things about mobility scooters and one is that they must not be capable of more than 8mph. That being the case it is a criminal offence to be in a public place, road or elsewhere, with one capable of more than 8mph, and any insurance is likely to be invalid because of the small print.
Mobility scooters and powered wheelchairs intended for road use must be registered with the DVLA (free) and conform to certain conditions. Check whether a vehicle is registered as an ‘invalid carriage’ by asking the seller when you buy it, it is your responsibility to see that it is registered in your name and confirmed with the DVLA each year. A few companies sell 'mobility scooters' capable of speeds in excess of 8mph, these are not mobility scooters and most insurers insist on the maximum speed of 8mph and any insurance bought will be invalid anyway if the machine is found to be capable of speeds in excess of 8mph. An insurer may offer insurance classifying the item as a 'Powered Transporter', like an electric scooter. One such insurer, to quote, says "Public Liability cover for accidents - If you’re deemed liable for accidentally injuring someone or damaging property whilst using your e-scooter, we’ll cover the costs of any claims made against you." but then lower down, less prominently, "Please note: It is currently against the law in the UK to ride e-scooters on public land including parks, pavements, footpaths, and roads. You will only be covered by this policy when using your e-scooter on private land with the landowner’s permission.". You decide whether you think that is ethical.
Whilst insurance is not, at the time of writing, a legal requirement for mobility scooters prosecutions for damages for injury to persons and property are unlimited and can run into many thousands of pounds, your home may be at risk! So I suggest complying with the law as it stands, not as one might wish it to be, and have valid insurance. I wish that companies would stop selling scooters that common sense says will be used where they are illegal to be used and with no valid insurance, however it's not illegal for them to do so but it is ill advised to, they may still be held liable, see here.
Check the latest but as at 24 December 2021 the law reads:
https://www.gov.uk/mobility-scooters-and-powered-wheelchairs-rules
Mobility scooters and powered wheelchairs come in 2 categories:
‘class 2 invalid carriages’ - these cannot be used on the road (except where there is not a pavement) and have a maximum speed of 4mph
‘class 3 invalid carriages’ - these can be used on the road, and have a maximum speed of 4mph off the road, and 8mph on the road
Rules for class 3 invalid carriages
The law calls mobility scooters and powered wheelchairs that can be used on the road ‘class 3 invalid carriages’. They must have the following features:
a maximum unladen weight of 150kg
a maximum width of 0.85 metres
a device to limit its speed to 4mph
a maximum speed of 8mph
an efficient braking system
front and rear lights and reflectors
direction indicators able to operate as a hazard warning signal
an audible horn
a rear view mirror
an amber flashing light if it’s used on a dual carriageway
