Road Traffic Offences (Cycling) Bill – an update

Will this new bill increase focus on e-bikes and e-scooters?

The Road Traffic Offences (Cycling) Bill, introduced in the House of Lords by Conservative peer Baroness McIntosh of Pickering on 17 December 2024, has caught the attention of many in the legal and insurance sectors. While it is unlikely to make it through the parliamentary process due to the nature of Private Members’ bills and lack of government support, it raises important questions about the regulation of e-bikes and e-scooters, which may continue to influence future discussions.

Key Features of the Bill

This eight-page bill proposes significant changes to the Road Traffic Act 1988 to improve the regulation of ‘cycles’, which would include not only traditional pedal cycles but also e-bikes, e-scooters, and other similar vehicles. The bill’s main provisions are:

• New Offences for Dangerous Cycling: The bill would introduce penalties for causing death or serious injury by dangerous, careless, or inconsiderate cycling. A conviction for death by dangerous cycling could lead to a 14-year sentence, while serious injury could result in up to 5 years in prison or a fine.
• Insurance for Cycles: A mandatory insurance requirement would be introduced for all cycles. This includes e-bikes and e-scooters, with penalties for non-compliance, subject to a Level 5 fine (unlimited). Exceptions would apply in cases where the cycle is being used for employment purposes, or where the user is unaware the cycle was uninsured.
• Review of E-Scooter Impact: A key part of the bill is the mandate for the Secretary of State to review the impact of e-scooters, including the results of ongoing trials, public safety concerns, and whether the legal status of privately owned e-scooters should be reconsidered.
• Annual Reports on Dangerous Cycling: The Transport Secretary would be required to publish an annual report on the prevalence of dangerous cycling and the number of offences prosecuted.

Likely Challenges for the Bill

As a Private Members’ bill, its chances of becoming law are slim. These bills face significant hurdles, including limited time in the parliamentary schedule and lack of government backing. Moreover, the government is currently overseeing e-scooter trials, which are due to run until May 2026. Given that these trials are still in progress, the government is unlikely to support any changes regarding e-scooter regulation until all data has been thoroughly reviewed.

Thus, while the bill is unlikely to pass in its current form, it may nonetheless spark useful debate and has the potential to influence future policy on the regulation of e-bikes and e-scooters.

Potential Impact on the Insurance Sector

Although the bill’s immediate impact is uncertain, it has certainly raised concerns about the growing presence of e-bikes and e-scooters on public roads. With increasing numbers of these vehicles in use, there is likely to be further discussion on their regulation, particularly regarding safety standards and insurance requirements. This bill may be an early indication of how the government and regulators could in the future approach some of these issues they are now grappling with, especially as the public trials of e-scooters draw to a close.

Whether or not the bill progresses, it is clear that the increased use of e-bikes and e-scooters will remain an area of interest for insurers as safety concerns, legal responsibilities, and insurance requirements evolve in the coming years.

Conclusion

While the Road Traffic Offences (Cycling) Bill is unlikely to make it into law, it has certainly served to highlight issues surrounding e-bikes and e-scooters. The debate generated by the bill could lead to further discussions about the risks posed by these vehicles and how those risks are managed within the regulatory framework. For insurers, this could provide an opportunity to better understand these emerging risks and to plan for the future of the e-mobility sector. Keoghs will continue to track this issue and keep clients informed of any relevant developments.

Natalie Larnder - Head of Market Affairs

Matthew Rogers - Head of Property Risks and Coverage

Emerging Risks Special Interest Group Lead