While e-scooters may represent a convenient, innovative and potentially greener means of transport, they also signify new risks to existing road users and commercial vehicle operators. This is particularly the case because even though the law is clear about how and where e-scooters should be used, the day-to-day experience of e-scooters in our towns and cities suggests there is widespread illegal use, a trend backed up by research by charity campaigners.
75% of people polled say they have seen e-scooters being ridden on pavements, where pedestrians are most at risk.
A 2021 YouGov poll for Guide Dogs1 found almost one in ten people see e-scooters on a daily basis, and nearly three quarters of people say they have seen e-scooters being ridden on pavements, where pedestrians are most at risk.
This insight considers the existing legislative arrangements that apply to e-scooters, plus the risks associated with how they are really used by some riders. We also consider how commercial vehicle operators might mitigate the risks and how policy might be developed to ensure greater safety for all those impacted by e-scooter use, including riders themselves.
The U.K. Government has announced a new vehicle category will be designed for micro-mobility vehicles which will incorporate two-wheeled battery powered devices, commonly known as e-scooters.
Individuals are currently using e-scooters either through ongoing trials of licensed government and council-approved provision schemes, or through private purchase. However, the first thing to be clear on is that it’s currently illegal to use an e-scooter on public roads in the U.K. unless the device is provided via an approved scheme. Despite this, a recent article published in The Times estimated there are 750,000 e-scooters in Britain, the vast being majority privately owned.2
Licensed schemes are regulated via a government guidance document E-scooter trials: guidance for local authorities and rental operators.3
Key points from this guidance document include :
The licensed schemes currently provide an element of insurance that indemnifies users in respect of injury to a third party, physical damage to a third party, as long as the vehicle has been used in accordance with the provider's regulations.
To gain some further insight into the on-the-ground facts of using e-scooters, the WTW risk management team hired and used e-scooters provided under a licenced scheme. This revealed the on-the-spot hiring of the scooter involves setting up account requiring the user to meet certain criteria, including holding a provisional driving licence as a minimum.
Arguably, more might be done to support users in understanding the potential safety risks of riding e-scooters at the point of hiring. In particular, we were struck at how terms and conditions can appear quite detailed and specific, raising some doubts over how far users are taking sufficient time to read and understand them.
Licensed schemes enable users to rent e-scooters typically on a cost-per-minute basis. This raises the question of whether this arrangement might potentially encourage some users to ride in ways that minimise journey times to minimise the costs. In these scenarios, the real price paid could be the safety of the rider and other road users.
Once the e-scooter journey is completed, the individual ends their session by finishing the ride via an app. While, ideally, the user takes a picture showing the e-scooter has been parked safely in a designated place, it still possible scooters will be left in locations likely to present risks to other pavement users.
Using e-scooters on pavements is illegal, even when the vehicle is hired via an approved scheme. However, it’s likely there will be many situations where users feel it is safer for them to ride on the pavements. It’s important to remember that riding e-scooters on pavements, even when carried out with due care and respect for other pavement users, inevitably heightens the risk of collision. This is particularly concerning given the fact users are not required to wear helmets.
When we travelled on e-scooters using the road infrastructure at or towards the maximum speed of the vehicle, which is limited to 15mph in trial environments, we noted how susceptible the vehicle was to changing road surfaces and conditions. This raised the possibility of users unexpectedly losing control of the vehicle. In these situations, should there be a collision, if they occur on a pavement, the user would not be complying with the provider’s regulations, rendering any insurance coverage they may have potentially invalid.
On the plus side in terms of safety, some e-scooters run by licensed e-scooters operators have their speed controlled electronically, reducing the speed of the vehicles to walking pace in certain ring-fenced areas where riding at speed would present a greater risk to safety of the rider and other road users.
There are a number of considerations that might improve safety around e-scooters. Mandatory limits on the maximum speed vehicles can reach in identified areas would support more widespread, safer usage.
In the case of regulated use, the lack of a requirement for users to use safety equipment, particularly head protection, is arguably insufficient. Moves to make head protection mandatory would likely reduce users’ risks of injury. Any further regulations will take time to define and then require government appetite to enforce. Until then, arguably, we might expect illegal use to increase. Regardless of the legislative landscape, we might also expect insurance products in the e-scooter space to evolve.
In order to reduce the risk of a collisions with e-scooters, responsible roads users will need to be additionally vigilant and consider e-scooters as another type of vulnerable road user.
Unless regulations are introduced quickly and enforced, responsible roads users can only continue to expect the unexpected when driving.
It is critical all road users consider e-scooter risks. If you’re involved in a collision with an e-scooter, evidence will be vital. This means commercial fleet operators should fit vehicles with a forward-facing dashcam as a minimum, bearing in mind that multi-camera systems may better enable operators to demonstrate how they are managing the risks.
For expert help managing risks arising from e-scooters and other emerging transport risks, get in touch.
1 New study shows the danger of e-scooters
2 E-scooter regulation urged after woman’s death
3 E-scooter trials: guidance for local authorities and rental operators
4 E-scooter trials extended despite spike in pedestrian injuries
