Blog: mobility scooters and the law

While these vehicles are a relatively common sight, the law behind their use is less well documented. So what are the legal requirements for the use of mobility scooters and the types of claims that may arise?

Types of Mobility scooter
There are 3 types:

1. Class 3 mobility scooters - designed for both pavement and road use with a top speed of 8mph.

2. Class 2 mobility scooters - designed for pavement use only with a top speed of 4mph.

3. Class 1 - manual wheelchairs.

At present there is no legal requirement for the owners of mobility scooters to insure their vehicles. Despite this, insurance is recommended and many insurers offer tailored policies.

Mobility scooters and the law
The relevant rules and legislation relating to mobility scooters include:

• Rules 37 and 43 of the Highway Code - this makes it clear that Class 3 mobility scooters will be treated in the same way as any other vehicle before the law when they are used on the road.

• The Use of Invalid Carriages on Highways Regulations 1988 - this distinguishes mobility scooters from other mechanical vehicles. It has been successfully argued that a Class 3 mobility scooter is not a qualifying vehicle for the purposes of sections 1-4 of the Road Traffic Act 1988. This argument was successfully raised in defence to a drink driving charge which was brought against the user of a mobility scooter. The existing drink driving legislation is such that mobility scooter users are effectively exempt from prosecution for drink driving offences.

Mobility scooters and negligence
While much of the law does not appear to apply to mobility scooters, this doesn't mean users cannot be held negligent. With regards to road collision type incidents involving mobility scooters it is arguable that the person in control of the scooter has a duty of care and that the principles of common law negligence should apply.

There are a number of reported cases involving mobility scooter users who have been found to have caused road traffic accidents by their failure to display lights or wear reflective clothing at night, as required by the law.

Future Developments
It has been suggested that increased regulation of mobility scooters is necessary for reasons of public safety. However, there is the concern that such measures will restrict the independence of disabled people. Also, the public appetite for increased regulation does not appear to be great.

Despite this, compulsory insurance for Class 3 mobility scooters is considered to be a realistic development and would provide greater accountability. Legislation considering this change has been discussed at European Union level and it is believed that some form of insurance requirement may be considered during the next Parliament.

In the meantime, insurers should deal with claims involving mobility scooters and consider raising the issue of common law negligence in the appropriate cases.

Shaun Sandison is a Senior Paralegal in the Motor Unit at Langleys.