The UK Law on small electric personal vehicles is a total shambles. While there are both UK and EU laws concerning environmental emissions the UK continues to ignore the serious positive impact small electric vehicles will have on the environment, leaving the resposibility in the main part to local authorities.
Instead they have chosen to concern themselves with electric cars and larger vehicles(and no one disagrees they should also be regulated). However the SEPV (small electric personal vehicle) can make a massive impact in terms of reduced local journeys.
An electric car still weights a tonne and this must be powered before even the driver boards, SEPV's typically weigh under 60 kilo and many weigh as little as 12kg or even 9kg.
OK OK, but what is the actual legal position?
As has been inferred, the position is grey.
4 UK laws pertinent to the regulation of SEPVs.
- Highway Act of 1835
- Road Vehicles (Construction & Use) Regulations 1986
- Vehicle Excise and Registration Act 1994 (VERA)
- Road Traffic Regulation Act 1988.
Specifically the Road Traffic Regulation Act 1988 section 140
Certain vehicles not to be treated as motor vehicles.
(1)For the purposes of the Road Traffic Act ... (text redacted)
(2)In subsection (1) above “controlled by a pedestrian” means that the vehicle either—
(a)is constructed or adapted for use only under such control, or
(b)is constructed or adapted for use either under such control or under the control of a person carried on it, but is not for the time being in use under, or proceeding under, the control of a person carried on it.
Arguably such 'vehicles' are constructed for use under the control of a person carried on it. The offence is to be riding on it, but it excludes such vehicles from being classified as road vehicles and therefor from requiring a vehicle licence as required by the Vehicle Excise and Registration Act 1994.
Under EU law
The Commission Implementing Regulation (EU) No 901/2014 of 18 July 2014 implementing Regulation (EU) No 168/2013, brought into effect 11/09/2014
Article 13
Entry into force and application
This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
It shall apply from 1 January 2016.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 18 July 2014.
For the Commission
The President
José Manuel BARROSO
Time table of legislative motion.
Date of document: 18/07/2014
Date of effect: 11/09/2014; Entry into force Date pub. +20 See Art 13
Date of effect: 01/01/2016; Implementation See Art 13
Date of end of validity: 31/12/9999
In particular (http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&reference=A7-2011-0445&language=EN)
Article 2 Scope
39. This Regulation applies to the type-approval and individual approval of all new two- or three-wheel vehicles and quadricycles as described in Article 4 and Annex I (hereinafter ‘L-category vehicles’), that are intended to travel on public roads, including where designed and constructed in more than one stage, and to the type-approval and individual approval of the systems, components and separate technical units designed and constructed for such vehicles.
40. This Regulation does not apply to the following vehicles:
(a) vehicles with a maximum design speed not exceeding 6 km/h;
(b) vehicles exclusively intended for use by the physically handicapped;
(c) vehicles exclusively intended for pedestrian control;
(d) vehicles exclusively intended for on-road or off-road use in competition;
(e) vehicles exclusively intended for use by the armed forces, law enforcement agencies, civil defence services, fire brigades or public-works bodies;
(f) agricultural or forestry vehicles subject to Directive 2003/37/EC of the European Parliament and of the Council[49], machines subject to Directives 2006/42/EC[50] and 97/68/EC of the European Parliament and of the Council[51] and motor vehicles subject to Directive 2007/46/EC of the European Parliament and of the Council[52];
(g) vehicles primarily intended for off-road use and designed to travel on unpaved surfaces;
(h) cycles with pedal assistance which are equipped with an auxiliary electric motor having a maximum continuous rated power of 0.25 kW, where the output of the motor is cut off when the cyclist stops pedalling and is otherwise progressively reduced and finally cut off as the vehicle reaches a speed of 25 km/h;
(i) self-balancing machines;
(j) vehicles not equipped with at least one seating position.
Thus the legislation clearly classifies self-balancing along side handicaped vehicles, pedestrian controled vehicles, agricultural and sports equipment vehicles, as sub-category L. In short these vehicles do not require a vehicle licence nor do they require a driving licence to opperate them.
However riding them on the road and pavements in the UK may constitute a breach of the Highways Act of the nature of riding your powered wheelbarrow down the road or your bike on the pavement. This may possibly be construed as endangering the public, public nusance, obstructing a public highway, or under section 140, paragrah 2 (b) operating a pedestrian controlled vehicle while carrying a person.
These devices, if widely used, would have an enourmous impact not only on emmission but on road usage. As they are often 'last mile' devices they are used in urban, high pedestrian areas and significantly impact on car users awareness of other road users around them, calming traffic and increasing safety.
It is my opinion that SEPVs will soon become a common sight in our cities and towns. It is of concern that these devices are particularly appealing to children, existing legislation (which generally forbids people under the age of 16 from operating powered devices), and the k category licence currently required to operate a pedestrian controlled vehicle excludes minors from using them on the public highways.
It should be noted that the Segway PT has been classified as a motor vehicle by the DoT and therefore requires a motor vehicle licence which the DVSA refuse to issue on the grounds they have no criteria to test the vehicles against. (well get some duh!). It is however clearly an offence in the case of the PT.
Please note I am not a lawyer and I am not qualified to give legal advice. The above should not be taken as legal advice. The above should not be taken as encouragement to break your local laws. I do not condone breaking the law, even if it is obfuscated, complex and poorly thought through.
You should consult the laws applicable in your district or prefecture before riding such devices on the public highways in your area (and of course those you intend traveling to). You should also consider personal indemnity against accidents causing injury to others or their property while riding.
Italics and underlining added by the author for emphasis.
Happy Cogying
