Drink Driving on an Electric Scooter
Drink driving on an E-Scooter - what is the law?
E-Scooter rental has now been rolled out across many of the major cities in the UK. We are now seeing a huge increase in the use of E-Scooters as an eco friendly mode of transport particularly in the inner cities. E-Scooters can be hired by anyone as long as that person holds a provisional or full UK driving licence.
We are often asked whether the use of an e-scooter is legal and whether drug driving or drink driving on electric scooters is an offence. Below, we aim to outline why an E-Scooter is considered a 'mechanically propelled vehicle' for the purposes of a drink driving offence.
There has been a lot of speculation as to whether an E-Scooter is classed as a vehicle for the purposes of the Road Traffic Act 1998. Currently, there is no legislation in place defining an E-Scooter. As such, section 185 of the Road Traffic Act 1988 applies to E-Scooters. This section of the Road Traffic Act defines a motor vehicle as “any mechanically propelled vehicle intended or adapted for use on roads”.
The Department for Transport have confirmed that an E-Scooter falls under the above definition because of its design and features. That means that if you are stopped on an E-Scooter by the police, they treat you as a motorist. Should you be found to be over the legal limit for alcohol or drugs you could then face a criminal charge and a a minimum 12 month driving ban.
Owning your own E-Scooter legally
Under the Government Guidance for E-Scooters, it is currently illegal to use a privately owned E-Scooter on a public road.
Can you ride an electric scooter after drinking?
There are also a number of different rules contained within the Government guidance which include:
- you must not use a mobile phone when using an e-scooter
- you should not ride an e-scooter while drunk or otherwise intoxicated – you may be prosecuted under drink or drug driving laws as careless and dangerous driving offences also apply to users of e-scooters
