What does the law say about using e-bikes and e-scooters, and how can you reduce safety risks, including around batteries? Read our comprehensive guide to find out.
 

E-bikes

What is an e-bike?

An electric bike, sometimes known as an e-bike, is a bicycle fitted with an electric motor that provides assistance when pedalling. The motor draws its power from a rechargeable battery attached to the bike. For a bike to be considered an e-bike, the motor must only aid in pedalling and not propel the bike on its own. The amount of assistance is determined by how hard you pedal and the selected level of support. The motor will provide assistance up to a maximum speed of 15.5mph, after which it will cut out. You can still cycle faster than 15.5mph, but without the motor's assistance.

A review of e-bikes on travel behaviour concluded that the uptake in e-cycling was primarily attributable to people substituting traditional cycling or private car journeys.

The law and e-bikes

Individuals aged 14 and above may legally ride an electric bike, referred to as an 'electrically assisted pedal cycle' (EAPC), provided that the bike fulfils specific criteria. No licence is required to operate an EAPC, and it does not need to be registered, taxed, or insured. If an e-bike meets the EAPC requirements, it is considered a standard pedal bicycle. However, if it fails to meet these criteria, it will be classified as a motorcycle or moped and will be subject to the corresponding regulations.

EAPC requirements:

• An EAPC must have pedals that can be used to propel it.

• It must show either the power output or the manufacturer of the motor

• It must also show either the battery’s voltage or the maximum speed of the bike

• Its electric motor must have a maximum power output of 250 watts and should not be able to propel the bike when it’s travelling at more than 15.5mph

• An EAPC can have more than two wheels (for example, a tricycle).

The risks of using e-bikes

There are no specific statistics on e-bikes published for the UK, but the rising number of electric bike users involved in collisions internationally has raised some concerns about their safety in comparison to conventional bikes. Rider behaviour will have an effect on the safety of users of e-bikes. One study suggested that factors such as weather, temperature and road infrastructure were closely related to e-bike riding behaviour. The same study found that young and middle-aged male riders were also more likely to exhibit risky behaviours.

A Reuters report into e-bike injuries in the USA suggested that e-bike users were more likely to suffer internal injuries and were three times more likely to be involved in a collision with a pedestrian than conventional cyclists. Both reports suggest that these outcomes are due to lack of cycling infrastructure and slow policy changes and regulations in the market.

On the other hand, a study conducted in the Netherlands concluded that most e-bike users were not more likely to be involved in a collision than conventional bike users. However, the study did find that older female e-bike riders were more susceptible to crashes that require treatment at A&E and suffer more severe injuries than their conventional cycling counterparts. This could be because elderly cyclists tend to ride faster on e-bikes than on conventional bikes, and since bicycles do not offer much protection to cyclists, the injuries sustained in the case of a fall or collision could be more severe.

Additionally, elderly people who ride e-bikes may have poorer physical health compared to those who ride conventional bikes. For example, those who have stopped cycling on conventional bikes may start cycling again on e-bikes as it is less physically demanding. As a result, comorbidity between declining physical strength and cognitive functions cannot be ruled out. McGough et al. (2011) found that mild cognitive impairment was associated with reduced physical performance in the older population (over 69 years of age).

Some researchers also suggest that the health enhancing benefits of e-bikes have been overstated due to the various factors needed to establish if that are health enhancing. Whilst it is acknowledged that they can increase physical activity, they also have a lower probability on users to achieve moderate to vigorous physical activity due to reduced cardiovascular effort during riding. The net volume of physical activity almost certainly depends entirely on the transport mode it replaces. However, this study concludes that the increased physical activity accumulated through cycling is generally considered to be more significant than the risk of injuries.

RoSPA’s policy position on e-bikes

Cycling in Great Britain is increasing because it is an excellent way to get about and provides a wide range of health and environmental benefits. RoSPA encourages cycling, whether on a conventional or an electric bike. However, cyclists must remain aware of the different handling characteristics of electric bikes in comparison to conventional bikes, along with the added weight of the motor and battery.

Cyclists must also follow all normal road rules and laws – these laws apply no matter what kind of bicycle they are riding. RoSPA recommends that all road users regularly read the Highway Code to refresh their knowledge of the rules of the road. All cyclists should also be looking out for other road users such as pedestrians and giving them time and room. As riders can accelerate quicker when riding an electric bike, pedestrians may miscalculate their speed.
RoSPA recommends that any cyclist who is returning to riding after a long people of not riding, or cyclists switching from a conventional bike to an electric bike, should consider taking a cycle training course.
 

E-scooters

What is an e-scooter?

Despite looking much like a standard two-wheeled scooter, e-scooters have been fitted with rechargeable batteries to make them electrified. Users of e-scooters stand upright with both hands on the handlebar. E-scooters have varying speed limits (with trial e-scooters limited to 15.5mph), and they allow users to control their speed with acceleration and braking functions on the handlebar, also known as “twist and go”. Benefits of e-scooter use include cheaper and more accessible travel, reduced congestion on the roads and a reduction in carbon emissions.

The law and private e-scooters

The Department for Transport uses the term “powered transporters” to refer to motor-powered personal transport devices, including e-scooters. They are also known as Personal Light Electric Vehicles (PLEVs). The Road Traffic Act 1988 states a “motor vehicle” is “any mechanically propelled vehicle intended or adapted for use on roads”, which means private e-scooters fall under this definition and are subject to motor vehicle laws. These laws require motor vehicles to be taxed and registered. However, PLEVs are exempt from these requirements, meaning private e-scooters fall into a grey area of the law. Private powered transporters are illegal for use on pavements and footpaths and can only be used on private land with the owner’s consent. They cannot be ridden on the public highway – the user will be committing a criminal offence by using a private e-scooter on the road.

The law and rental e-scooters

Rental e-scooter trials were launched in July 2020 in 32 areas across England. Users must have the category Q entitlement on their driving licence. This category permits the driving of two-wheeled and three-wheeled vehicles without pedals with an engine size not more than 50cc if powered by an internal combustion engine and a maximum design speed of no more than 25km/h (15.5mph). Trial e-scooters can be used on the road (except motorways) and in cycle lanes. They must not be used on the pavement.

The Government recommends that e-scooter users wear a cycle helmet and light-coloured or fluorescent clothing.

Other safety rules for trial e-scooter users include:

• E-scooters should only be used within the local area hosting the trial

• E-scooters should be used by one person at a time

• They must not be used to tow anything

• A mobile phone must not be used when using an e-scooter

• Ensure bags or other small items being carried will not cause a danger to the user or others around

• Users should not ride an e-scooter while drunk or otherwise intoxicated.

Risks of using e-scooters

The same design that makes e-scooters portable, light and efficient can make them unsafe. They consist of a thin piece of metal between two small (eight-inch) tyres, with the user just inches from the road surface, resulting in a significant risk of traumatic injury on the road.

E-scooters are small, quiet and quick, meaning they present unique safety challenges, particularly when being used on UK roads. Small wheels are not appropriate for tackling potholes, posing discomfort to the rider and a major safety risk.

A 2020 report from the U.S. Consumer Product Safety Commission found that there were 7,700 emergency department visits associated with e-scooters in 2017, 14,500 in 2018 and 27,700 in 2019. It was also found that there was one fatality associated with e-scooters in 2017, rising to five fatalities in 2018 and 21 fatalities in 2019.

According to Government statistics, in Great Britain:

• There were 1,292 collisions involving e-scooters, compared to 1,411 in 2022

• There were 1,387 casualties in collisions involving e-scooters, compared to 1,502 in 2022

• Of all casualties in collisions involving e-scooters, 1,117 were e-scooter users, compared to 1,154 in 2022

• There were six killed in collisions involving e-scooters (six of whom were e-scooter riders) compared to 12 in 2022.

 Some companies have been working towards improving e-scooter safety. Neuron Mobility, a startup e-scooter rental company originating in Singapore, utilises technology to improve the safety of sharing schemes as they expand, for example by using geofencing (putting a virtual perimeter around a real-world location) and an app-controlled helmet lock, which allows a safety helmet to be attached to the e-scooter and electronically released before the user begins their ride.

Another significant problem caused by e-scooters is street clutter and vandalism. This is because the e-scooters are “free-floating” and can be left almost anywhere, resulting in visual pollution, vandalism/abuse and obstructions on pavements and roads, causing pedestrian hazards. Some companies are working to solve these problems, for example by requiring that users take a picture of their parked e-scooter after their journey, or securing the scooter with a cable lock.

Further problems with e-scooters come with their design – they can only carry a small amount of baggage, and for many people, their use is dependent on weather conditions.

The Department for Transport commissioned an independent evaluation of the e-scooter trials, running from July 2020 to early 2022.
Key findings include:

• An increased use of rental e-scooters for purposeful journeys, such as commuting

• A progressive increase in mode shift away from private vehicles as trials matured

• Rental e-scooters provided access to new travel options for some groups, with people from ethnic minority groups and on low incomes more likely to use e-scooters regularly

• The majority of residents in trial areas saw the introduction of e-scooters in their area as positive.

Some of the main learning points for the DfT include:

• Data indicates that the frequency of rental e-scooter collisions was higher during 2021 than for pedal cycles (including bicycles and e-bikes), though this was likely to be driven in part by the novel nature of the mode. Survey findings indicate that collisions were more likely to occur among less experienced users, making it difficult to make like-for-like comparisons with more established modes

• While the frequency of rental e-scooter collisions was higher than for pedal cycles, the types of injuries reported by rental e-scooter users in the user survey appeared broadly similar to the types of injuries reported by cyclists, according to initial DfT analysis of the National Travel Survey (2020)

• E-scooter and other road users raised concerns around technical elements of the e-scooter design such as e-scooter audibility, visibility and acceleration

• Some members of the public raised concerns about the behaviour displayed by riders, with pavement riding causing particular concern among with pedestrians with mobility issues and blind or partially sighted individuals.

Following the report, some changes to the trials were made, including:

• Mandatory unique identification numbers for all rental e-scooters, to allow members of the public to differentiate trial from non-trial e-scooters

• Increased guidance and encouragement for operators to provide helmets and incentivise their use.

RoSPA’s policy position on e-scooters

RoSPA is pleased that e-scooters are being trialled on Great Britain’s roads in a regulated and safety-aware manner before they become fully legalised, as e-scooters have the potential to pose a range of huge benefits including decreased congestion and improved public health.

However, RoSPA is acutely aware that e-scooters pose a range of serious safety concerns, and their usage is not without risk. E-scooters can pose a danger to other road users, with several campaigners already having spoken out about worries for pedestrians and those with disabilities. Therefore, RoSPA hopes that any data obtained from the e-scooter trials will be closely monitored, and any issues acted upon, so we can all experience the benefits of e-scooter use whilst minimising safety concerns.

In the UK, RoSPA advocates that e-scooter providers and local authorities involved in the rental trials should implement robust systems that swiftly identify when accidents and incidents have occurred. This is important to enable any issues, such as damaged or misplaced e-scooters, to be rectified quickly, and will also contribute to our collective understanding of e-scooter usage and incidents. Providers and councils also need to recognise and minimise the opportunity for e-scooter users to misuse and ignore practical standards in the current trials. Good discipline by riders now will create a culture of good user behaviour in the future, and training opportunities for e-scooter riders are an important part of this, along with an encouragement that riders wear helmets.

Geofencing and identifying and preventing pavement riding are absolutely critical in the trials, to ensure that e-scooters are used and parked in a safe and responsible way. Trial operators must ensure that accurate plans and routes are created and implemented consistently for e-scooters, paying particular attention to low-speed zones and exclusion areas.

Furthermore, if private e-scooters were to be legalised as a result of data obtained from the trials, RoSPA would like to see similar safety guidelines, as well as strict requirements, that e-scooter manufacturers must adhere to in order to get their scooters onto the road legally.

Responding to the Transport Select Committee’s call for evidence on e-scooters in February 2023, RoSPA called for minimum safety specification:

• Maximum speed 20 km/h
• Maximum continuous rated motor power of 250 w
• Minimum wheel size of 200mm (8”)
• Maximum weight of 25kg
• Brakes to be fitted on both front and rear wheels
• At least one braking system to be independent of the vehicle’s electrical system
• Braking levers arranged with the front brake(s) operated by the right hand
• Brakes to be in “efficient working order” for legal use
• Mandatory reflectors front, rear, side.

E-bike and e-scooter battery hazards

The batteries that power e-scooters and e-bikes are usually: 

• Lithium-ion (Li-ion): These batteries are popular for their high energy density and long lifespan. However, they can overheat and potentially catch fire if damaged or mishandled

• Nickel-metal hydride (NiMH): Although less common, NiMH batteries are considered safer than Li-ion batteries, albeit with a lower energy density.

A number of fires have been caused by e-scooter and e-bike batteries, especially related to thermal runaway, which is when a battery overheats and can't stop getting hotter. This can lead to fires or explosions. According to the Office for Product Safety and Standards, at least at least "10 fatalities occurred in fires started in e-bikes or e-scooters powered by lithium-ion batteries in the UK in 2023, with almost 200 fires recorded".
 
RoSPA advises: 

• Charge properly: Always use the charger supplied by the manufacturer and disconnect the charger once charging has completed

• Check for battery damage: If the battery has swollen, smells unusual or shows signs of damage, stop using it immediately, and dispose of it safely and responsibly

• Store and charge safely: Do not charge e-bikes and e-scooters near escape routes in your home

• Check if the product itself is safe: If buying second-hand, has the bike been modified in any way? Incompatible parts, motors or other parts that exceed legal limits can make the product unsafe

• Is the product legal?: There are rules around how powerful e-bikes can be and where e-scooters can be used. 

RoSPA recommends only buying e-scooters and e-bikes from reputable retailers and ensuring that the product carries the UKCA mark or CE mark. This is the manufacturer declaring that the product conforms to the required health and safety requirements.

See our Road Safety Advice at: www.rospa.com/policy/road-safety/advice