The Electric Scooter Trials and Traffic Signs (Coronavirus) Regulations and General Directions 2020

Type Statutory-Instrument
Publication 2020-06-30
State In force
Department Queen's Printer of Acts of Parliament
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Made: 9.55 a.m. on 30th June 2020

Laid before Parliament: 3.00 p.m. on 30th June 2020

Coming into force: 4th July 2020

In respect of the exercise of powers under sections 64 and 65 of the 1984 Act the Secretary of State has, in accordance with sections 65(3ZB) and 134(3A) and (3B)[^f00008], consulted with the Welsh Ministers and Scottish Ministers.

PART 1 — The Electric Scooter Trials and Traffic Signs (Coronavirus) Regulations 2020

Citation, commencement, extent and application

1

Amendment of the Road Vehicles (Registration and Licensing) Regulations 2002

2

(2A) With the exception of regulation 33(1) and (1A), nothing in the following provisions of these Regulations applies to an electric scooter being used in a trial.

; and

; and (c) “electric scooter” and “trial” have the meanings given in regulation 33(1A)

(1A) In, and in relation to, paragraph (1)— - electric scooter” means a vehicle which— is fitted with an electric motor with a maximum continuous power rating not exceeding 500 watts; is not fitted with pedals that are capable of propelling the vehicle; has two wheels, one front and one rear, aligned along the direction of travel; is designed to carry no more than one person; has a maximum weight, excluding the driver, not exceeding 55 kgs; has a maximum design speed not exceeding 15.5 miles per hour; has a means of directional control through the use of handlebars which are mechanically linked to the steered wheel; has a means of controlling the speed through hand controls; and has a power control that defaults to the ‘off’ position; - “local public authority” means— in England and Wales, any body, other person or holder of any office listed in Part 2 (local government) of Schedule 1 to the Freedom of Information Act 2000[^f00010]; and in Scotland, any body, other person or holder of any office listed in Part 3 (local government) of Schedule 1 to the Freedom of Information (Scotland) Act 2002[^f00011]; and - “trial” means an assessment as to the suitability of electric scooters for use on roads conducted by virtue of— an order made under sections 44 and 63(5) of the 1988 Act; or an arrangement made between one or more local public authorities and a person who hires out electric scooters.

Amendment of the Motor Cycles (Protective Helmets) Regulations 1998

3

(2A) Nothing in paragraph (1) shall apply to any person driving an electric scooter being used in a trial.

  • “electric scooter” means a motor bicycle which— is fitted with an electric motor with a maximum continuous power rating not exceeding 500 watts; is not fitted with pedals that are capable of propelling the vehicle; has two wheels, one front and one rear, aligned along the direction of travel; is designed to carry no more than one person; has a maximum weight, excluding the driver, not exceeding 55 kilograms; has a maximum design speed not exceeding 15.5 miles per hour; has a means of directional control through the use of handlebars which are mechanically linked to the steered wheel; has a means of controlling the speed through hand controls; and has a power control that defaults to the ‘off’ position;
  • “local public authority” means— in England and Wales, any body, other person or holder of any office listed in Part 2 (local government) of Schedule 1 to the Freedom of Information Act 2000; and in Scotland, any body, other person or holder of any office listed in Part 3 (local government) of Schedule 1 to the Freedom of Information (Scotland) Act 2002;
  • ; and
  • “trial” means an assessment as to the suitability of electric scooters for use on roads conducted by virtue of— an order made under sections 44 and 63(5) of the Road Traffic Act 1988; or an arrangement made between one or more local public authorities and a person who hires out electric scooters

Amendment of the Motor Vehicles (Driving Licences) Regulations 1999

4

  • “electric scooter” means a category Q vehicle which— is fitted with an electric motor with a maximum continuous power rating not exceeding 500 watts; is not fitted with pedals that are capable of propelling the vehicle; has two wheels, one front and one rear, aligned along the direction of travel; is designed to carry no more than one person; has a maximum weight, excluding the driver, not exceeding 55 kilograms; has a maximum design speed not exceeding 15.5 miles per hour; has a means of directional control through the use of handlebars which are mechanically linked to the steered wheel; has a means of controlling the speed through hand controls; and has a power control that defaults to the ‘off’ position;
  • “local public authority” means— in England and Wales, any body, other person or holder of any office listed in Part 2 (local government) of Schedule 1 to the Freedom of Information Act 2000; and in Scotland, any body, other person or holder of any office listed in Part 3 (local government) of Schedule 1 to the Freedom of Information (Scotland) Act 2002;

; and

  • “trial” means an assessment as to the suitability of electric scooters for use on roads conducted by virtue of— an order made under sections 44 and 63(5) of the Traffic Act; or an arrangement made between one or more local public authorities and a person who hires out electric scooters;

(5A) A provisional licence may be granted for a class included in category AM, A or B which includes authorisation to drive an electric scooter being used in a trial.

(2B) Where a person holds a relevant provisional licence, the holder is authorised to drive an electric scooter being used in a trial.

; and

(4) In this regulation, “relevant provisional licence” means a provisional licence granted under Part III of the Traffic Act, a full Northern Ireland licence or a Community licence.

(4A) When the holder of the provisional licence is driving an electric scooter being used in a trial the condition specified in paragraph 2(b) shall not apply.

; or (iv) the vehicles in category Q are electric scooters being used in a trial

Amendment of the Traffic Signs Regulations 2016

5

  • a motor vehicle which— is fitted with an electric motor with a maximum continuous power rating not exceeding 500 watts; is not fitted with pedals that are capable of propelling the vehicle; has two wheels, one front and one rear, aligned along the direction of travel; is designed to carry no more than one person; has a maximum weight, excluding the driver, not exceeding 55 kilograms; has a maximum design speed not exceeding 15.5 miles per hour; has a means of directional control through the use of handlebars which are mechanically linked to the steered wheel; has a means of controlling the speed through hand controls; and has a power control that defaults to the ‘off’ position;
  • in England, any body, other person or holder of any office listed in Part 2 (local government) of Schedule 1 to the Freedom of Information Act 2000, other than in paragraphs 7(b) and 33 of that list;
  • an assessment as to the suitability of electric scooters for use on roads conducted by virtue of— an order made under sections 44 and 63(5) of the Road Traffic Act 1988; or an arrangement made between one or more local public authorities and a person who hires out electric scooters

(ca) to an electric scooter being used in a trial;

; and

(aa) an electric scooter that is being used in a trial; or

(ia) an electric scooter being used in a trial; or

(aa) an electric scooter being used in a trial; or

PART 2 — The Electric Scooter Trials and Traffic Signs (Coronavirus) General Directions 2020

Citation and commencement

1

Amendment of the Traffic Signs General Directions 2016

2

Signed

Signed by the authority of the Secretary of State for Transport

Rachel Maclean — Parliamentary Under Secretary of State — Department for Transport — At 9.55 a.m. on 30th June 2020

Explanatory note

(This note is not part of the instrument)

EXPLANATORY NOTE

This instrument is made in order to enable a trial of electric scooters to assess their suitability for use on roads.

In Part 1, regulation 2 makes amendments to the Road Vehicles (Registration and Licensing) Regulations 2002, for an electric scooter being used in a trial, to remove the requirement for the vehicle to hold a nil licence and be registered with the Driver and Vehicle Licensing Agency.

Regulation 3 makes amendments to the Motor Cycles (Protective Helmets) Regulations 1998, to remove the requirement for a driver of an electric scooter, being used in a trial, to wear a motorcycle helmet.

Regulation 4 makes amendments to the Motor Vehicles (Driving Licences) Regulations 1999 (“the 1999 Regulations”), to permit full and provisional licence holders of an AM, A or B licence, to drive an electric scooter, being a category Q vehicle, as defined in the Regulations, under the terms of their current licence. Regulation 4(7) removes the requirement to complete the moped basic training under regulation 43(5) of the 1999 Regulations, prior to driving a Category Q vehicle, as it relates to electric scooters being used in a trial.

Regulation 5 makes amendments to the Traffic Signs Regulations 2016 to amend the meanings, found in Schedule 1 of a “cycle lane”, “parallel crossing”, “pedestrian and cycle zones”, “refuge for pedestrians and cyclists” and “toucan crossing”, and to permit an electric scooter, being used in a trial, to share those types of road spaces. Supplementary amendments have been made to the Schedules to clarify that signs relating to pedal cycles, also represent electric scooters, being used in a trial.

In Part 2, direction 2 makes amendment to the Traffic Signs General Directions 2016, to clarify that directions to pedal cyclists, also apply to drivers of electric scooters being used in a trial.

A public consultation was completed to inform the regulatory amendments, and can be found at https://www.gov.uk/government/consultations/legalising-rental-e-scooter-trials-defining-e-scooters-and-rules-for-their-use .

An impact assessment has not been prepared for this instrument due to the urgent measures being made. A full impact assessment will be published in due course.

An Explanatory Memorandum has been published alongside this instrument at www.legislation.gov.uk.

Footnotes

[^f00001]: 1994 c. 22; s.57(1) was amended by the Finance Act 1996 (c. 8), Schedule 41, Part (II), (006), paragraph (1); s.22(2A)(b) was amended by the Finance Act 1997 (c. 58), s.14.

[^f00002]: 1988 c. 52; s.98(4) was amended by the Road Traffic (Driver Licensing and Information Systems) Act 1989 (c. 22), s.7, Schedule 3, paragraph 11(d); s.105(2)(a) was amended by the Road Safety Act 2006 (c. 49), Schedule 3, paragraph (13) and S.I. 1996/1974; s.105(2)(a) and (2)(f) were amended by the Crime (International Co-operation) Act 2003 (c. 32), Schedule 5, paragraph (23).

[^f00003]: 1984 c. 27; see s.64(6A) for the meaning of “relevant authority”.

[^f00004]: 1984 c. 27; s.64(1) and (2) were amended by the Wales Act 2017 (c. 4), Part 2, s.26(4) and the Scotland Act 2016 (c. 11), Part 4, s.41(3); s.64(5) was amended by the Road Traffic (Consequential Provisions) Act 1988 (c. 42), Schedule 3, paragraph 25(3).

[^f00005]: 1984 c. 27; see s.65(5) for the meaning of “relevant authority”.

[^f00006]: 1984 c. 27; s.65(1) was amended by the Scotland Act 2016 (c. 11), Part 4, s.41(5) and (6).

[^f00007]: 1984 c. 27; s.134(2) was amended by the Scotland Act 2016 (c. 11), Schedule 2, Part 1, paragraph (12).

[^f00008]: 1984 c. 27; s.65(3ZB) was amended by Wales Act 2017 (c. 4), Schedule 6, Part 3, paragraph (37); s.134(3A) was amended by the Scotland Act 2016 (c. 11), Schedule 2, Part 1, paragraph (12); s.134(3B) was amended by the Wales Act 2017 (c. 4), Schedule 6, Part 3, paragraph (43).

[^f00009]: S.I. 2002/2742, amended by S.I. 2003/2154; there are other amending instruments but none is relevant.

[^f00010]: 2000 c. 36; paragraph (14) was amended by the Fire and Rescue Act 2004 (c. 21), Schedule 1, paragraph (95); paragraph (14A) and (20) were added by the Policing and Crime Act 2017 (c. 3), Schedule 1, Part 2, paragraph (81) and Schedule 2, Part 2, paragraph (108); paragraph (19) was amended by the Civil Contingencies Act 2004 (c. 36), Schedule 2, Part 1, paragraph 10(3)(d); paragraph (19A) and (19B) were amended by the Local Democracy, Economic Development and Construction Act 2009 (c. 20), Schedule 6, paragraph (94); paragraph (23) was amended by the Local Government and Public Involvement in Health Act 2007 (c. 28), Schedule 1, Part 2, paragraph (20) and S.I. 2007/3136; paragraph (28) was amended by the Local Transport Act 2008 (c. 26), Schedule 4, Part 4, paragraph 64(2); paragraph (28A) was added by the Cities and Local Government Devolution Act 2016 (c. 1), Schedule 5, paragraph (16); paragraph (33A) was added by the Planning (Wales) Act 2015 anaw. 4, Schedule 1, Part 2, paragraph (5); paragraph (35B) was added by the Marine and Coastal Access Act 2009 (c. 23), Schedule 14, paragraph (19); paragraph (35C) was added by 2010/937; paragraph (35E) was added by the Health and Social Care Act 2012 (c. 7), Part 5, chapter 1, s.189(4); there are other amendments to this Schedule, but none is relevant.

[^f00011]: 2002 asp 13; paragraph (23) was amended by the Licensing (Scotland) Act 2005 asp 16 (Scottish Act), Schedule 6, paragraph (10) (asp 13); paragraph (24A) was amended by the Transport (Scotland) Act 2005 asp 12 (Scottish Act), Schedule 1, paragraph (20).

[^f00012]: S.I. 1998/1807.

[^f00013]: S.I. 1999/2864, amended by 2012/977.

[^f00014]: Part 1 of S.I. 2016/362, amended by 2017/1086.

[^f00015]: Part 2 of S.I. 2016/362. amended by 2017/1086.

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