Government-approved e-scooter trials could be breaking the law, a leading lawyer has said.
Nick Freeman — known as ‘Mr Loophole’ after getting numerous celebrities off the hook for motoring offences — says the controversy comes in relation to helmets.
Currently, Greater Manchester has two active trials in place, run by Lime Scooters.
READ MORE: Ten key new laws on benefits, fuel and wages coming in 2022
The trials, in Salford and Rochdale, are set to end in March of this year — but Mr Loophole says there is a contradiction from the Department for Transport.
“You can only legally ride e-scooters on public land and spaces if they have been hired or leased through the government trial,” Mr Freeman said.
“And if you look at their advice to those who use the rental scheme, it clearly states, ‘we recommend wearing a cycle helmet for e-scooter journeys, but do not propose that wearing helmets would be mandatory’.
This, says Mr Freeman, conflicts with the Road Traffic Act 1988 which stipulates wearing protective headgear is compulsory on a ‘motor vehicle’ — which he says includes e-scooters.
“Frankly, it's a joke,” the lawyer added. "If the government itself is confused, this demonstrates the urgent need for specific legislation relating to e-scooters.”
Data from the government shows there were 460 accidents involving e-scooters, producing 484 casualties in total across Great Britain in 2020.
Of these, 384 of the casualties were e-scooter riders themselves, 57 were pedestrians, and 21 were cyclists.
The remaining 22 casualties were either drivers, riders, or passengers in traditional motor vehicles.
Only one person was killed in the 460 incidents — an e-scooter rider, although 105 were seriously injured.
The figures have led Mr Loophole to call on the government to tighten safety legislation around the scooters.
He said: “Even though only those e-scooters hired through the government rental scheme are legal to use on our roads, there are countless private ones which are being used illegally.
“That’s why, as someone who has been a road traffic lawyer for 40 years and been immersed in the law for all that time, I feel something ha[s] to be done to make roads safer for all of us.
“It is disappointing that the government is both tone deaf and utterly confused about the law.”
