What might the recent research into e-scooters mean for future regulation?

A recent technical report by TRL outlines the potential requirements for regulating the construction of e-scooters, focusing on safety and design aspects. However, this report does not address other areas of potential regulation, such as helmet mandates. Below we take you through some of the key findings from the 164-page TRL report, together with the potential implications for the regulation of private e-scooters in the UK.

Currently, privately owned e-scooters are classified as “powered transporters” under UK law, which subjects them to the same regulations as motor vehicles, including requirements for MOTs, tax, and licensing. As individuals cannot currently meet these requirements, privately owned e-scooters remain illegal on public roads and highways.

However, public trials of e-scooters are ongoing within designated schemes across the country. These trials have been extended until May 2026, with the anticipation that they will provide the government with valuable data on the risks and benefits of e-scooter use.

Key Findings, Conclusions, and Recommendations from the TRL Report

The TRL report has provided detailed insights into the technical aspects of e-scooter design and safety, examining previous research and industry consultation. Some of the key findings, conclusions, and recommendations include:

1. Wheel Size and Stability: Larger wheels contribute to better stability and resilience in hazardous conditions. However, current standards do not specify a minimum wheel size. Future regulations may address this gap, though no conclusive evidence suggests a specific size is crucial for safety. Existing stability tests used in Germany and Spain could serve as benchmarks for regulatory standards, though rider dynamics significantly impact performance.
2. Speed Limits: The UK caps rental e-scooters at 15.5 mph (25 km/h), but there is ongoing debate about whether this should be reduced for safety, particularly in pedestrian-heavy environments. Some experts suggest a maximum speed of 20 km/h. The report recommends that speed limits be built into e-scooters, and tampering with speed controls should be prevented. A speed limit of 4 mph (6 km/h) should be enforced on footways if e-scooter use is permitted on them, particularly for disabled users.
3. Battery Safety: The safety of e-scooter batteries, especially regarding fire hazards, is a key concern. The report recommends harmonizing battery standards with those used in the EU and updating the battery safety standard (EN 17128:2020) to better align with newer EU standards for lithium-ion batteries.
4. Braking Systems: The effectiveness of braking systems is crucial for stability, especially at higher speeds. Dual independent braking systems are recommended for better stopping performance. E-scooters should have reliable, independent braking systems with redundancy, with foot-operated brakes allowed only on seated e-scooters.
5. Lighting and Visibility: Adequate lighting is essential for rider visibility, especially in low-light conditions. The report stresses the need for more robust lighting systems, including indicators and signalling devices. E-scooters should meet current lighting standards and include an audible warning device to enhance safety.
6. Collision Reporting: The report advocates for more standardised incident reporting to better track and understand e-scooter collisions, particularly non-fatal accidents.
7. Structural Integrity and Mass: Current standards (BS EN 17128:2020) are inadequate to handle the stresses e-scooters face, especially on critical components like handlebars and steering. It recommends updating these standards and regulating both the unladen and laden mass of e-scooters to ensure safety under worst-case loading conditions.
8. Hill Climb Ability and Power Limits: Instead of limiting power, the report suggests limiting acceleration to 2 m/s² to ensure safer performance on varying terrains.
9. Configuration and Accessibility: The report suggests amending regulations to allow seated e-scooters and those with more than two wheels, especially for disabled individuals, aligning with EU laws that exclude seated e-scooters from the scope of e-scooter regulations.
10. Sustainability and Environmental Impact: The report recommends focusing on the longevity and repairability of e-scooters, including implementing longer warranty periods, ensuring spare parts availability, and promoting a “right to repair” framework.
11. Privately Owned vs. Shared E-Scooters: No different technical regulations should apply to privately owned versus shared e-scooters, although local authorities may impose specific requirements for rental schemes.
12. Suggestions for Further Work: The report calls for more work on regulatory approval routes, updates to current safety standards, and better enforcement and vehicle registration for micromobility vehicles.

Amendments to the RTA and/or new legislation?

The TRL report discusses the potential introduction of a two-tier licensing system for e-scooters, similar to that for e-bikes under the Road Traffic Act (RTA). This system could distinguish between low-powered e-scooters, which would be available to all users, and higher-powered, faster e-scooters, which would require specific licensing, training, and insurance. This approach may allow for the legalisation of lower-powered, privately owned e-scooters on public roads, with the expectation that higher-powered models would need additional primary legislation for their inclusion.

Such a framework could improve clarity and enforcement but might also introduce confusion if law enforcement struggles to differentiate between the two categories. The introduction of number plates or a Vehicle Identification Number (VIN) system, as seen in Spain, could aid in tracking e-scooter ownership and usage, further supporting enforcement efforts.

What This Might Mean for Insurers

As e-scooter-related claims, especially involving head injuries (see our recent article on e-scooters and helmet usage here), continue to rise, insurers are increasingly focused on safety measures. The tightening of e-scooter safety standards – particularly around speed, braking systems, and lighting – could lead to a reduction in accidents stemming from equipment failure and improve visibility, which in turn may lower claim frequency. However, insurers must remain agile as the regulatory framework develops, particularly with regard to the complexities introduced by a two-tier licensing system if this was adopted by government.

The potential legalisation of privately owned e-scooters, with varying requirements for different power levels, could complicate risk assessments for insurers. Distinguishing between types of e-scooters for insurance purposes and ensuring proper coverage, especially if new licensing and identification systems are implemented, will require additional systems and adjustments.

The Government’s Legislative Timeline and Expectations

Despite the ongoing trials and the insights provided by the TRL report, immediate regulatory changes are not anticipated. From our discussions with DfT officials and parliamentarians, it appears that there are no plans to legislate on privately owned e-scooters within the current legislative cycle. Any regulatory decisions will likely be made following the conclusion of the public trials, with a public consultation expected to gather further views.

While the government is focused on understanding the risks and benefits associated with e-scooter use, it is important to note that legislative action on privately owned e-scooters remains some way off. Future decisions will be based on the outcomes of the trials, the TRL report, and consultations with stakeholders.

Conclusion

The TRL report offers significant insight into the technical and safety aspects of e-scooter design and operation, which will inform future regulatory frameworks. However, with the public trials continuing until 2026, it is unlikely that any immediate legislative changes will occur in the near future. For insurers and businesses, it is essential to remain agile and proactive in monitoring these developments to ensure preparedness when regulation does arrive. As always, we will continue to keep you informed of key developments in this space and support you as the regulatory landscape evolves.

Should you have any questions or need further information, please do not hesitate to reach out.