Are you considering an E-Scooter for Christmas this year?

E-Scooters, are they the perfect present or is there more to consider first? 

Here's what you need to know before you make your purchase: 

Where can E-Scooters be used? 

E-Scooters can only be used on private land to which the public does not have access without legal restrictions.

The permission of the owner or occupier of the land must be obtained. 

(Only those subject to authorised trials are allowed to be used on roads, cycle lanes on roads or other spaces dedicated to pedal cycle use - for your information, there are no trials anywhere in the Folkestone & Hythe District). 

Where can E-Scooters NOT be used? 

E-Scooters cannot be used at the following locations: 

Pavements

Footpaths

Bridleways

Highway

Offences are specified under:

s72 Highway Act 1835 - it is an offence to ride on, or to lead or draw a carriage on a pavement. This applies to almost all vehicles, with the exception of mobility scooters and wheelchairs. 

s34 Road Traffic Act 1988 - it is an offence to drive a mechanically propelled vehicle:

a) on to or upon any common land, moorland or land of any other description, not being land forming part of a road, or

b) on any road being a footpath, bridleway or restricted byway

What insurance is required? 

The use of E-Scooters requires that a certificate of insurance is in force as with any other motor vehicle. It is not possible for the riders of privately-owned E-scooters to secure insurance that will satisfy s143 Road Traffic Act 1988.

Can E-Scooters be seized? 

Yes. As a motor vehicle all the standard powers to remove or seize vehicles apply including s165 Road Traffic Act 1988. Where a vehicle is not being used in accordance with an authorised trial it will not be possible to secure insurance for the vehicle and this means that whilst the owner may be offered the opportunity to reclaim their vehicle they will fail to comply with s165B Road Traffic Act 1988 and the vehicle will be disposed of. 

Can I be prosecuted? 

Officers can deal with offences utilising Traffic Offence Reporting processes. There are various outcomes to these reports which can be from formal education, Conditional Offer of Fixed Penalty Notices and even court action.