Mini scooters
Published 1 May 2010
© Crown copyright 2010
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This publication is available at https://www.gov.uk/government/publications/mini-scooters/mini-scooters
This document provides general guidance and advice on the legislative requirements in Great Britain relating to mini scooters. Every effort has been made to ensure that it is factually correct but recipients should check with the producers of this document if they have reason to believe any part is not correct or is now out of date.
General requirements
Being powered by a motor (whether combustion or electric), these scooters are considered by the Department for Transport (DfT) to be mechanically propelled vehicles. As motor vehicles having fewer than 4 wheels and weighing less than 410 kg unladen, DfT believes they should be classed as a motorcycle as defined in Section 185 of the Road Traffic Act 1988 and, because of their low speed, within the subclass of moped.
Two sets of case law have set precedents for the classification of these vehicles:
The High Court judgement handed down by Lord Justice Pill and Mr Justice Bell on 26 October 2000 - Chief Constable of the North Yorkshire Police v Michael Saddington - found that a GoPed, which is a scooter powered by an internal combustion engine, is a motor vehicle within the meaning of Section 185 of The Road Traffic Act 1988 (as amended). It stated that “a GoPed, which is considered to be a mechanically propelled vehicle, is intended for use on roads within the meaning of the Statute”.
A more recent High Court judgement handed down by Mr Michael Supperstone KC, on 10 July 2002 (Letitia Winter v DPP) involving the use of an electric scooter on the road, confirmed our view that these are motor vehicles. The judgement in effect upheld that the electric scooter in question known as a “City Bug” was a motor vehicle and subject to the requirements for compulsory insurance. This case also proved that the City Bug was not an electrically assisted pedal cycle (EAPC). Consideration was given to the size and position of the pedals which rendered it difficult to use the pedals as a primary source of motive power. It was thus judged that the City Bug was not “fitted with pedals by means of which it is capable of being propelled” within the meaning of Regulation 4 (b) of the Electrically Assisted Pedal Cycle Regulations 1983.
It is clear from the judgement in the case of ‘Chief Constable of the North Yorkshire Police v Michael Saddington’ that it was accepted by all parties that the particular machine in question would not comply with the Road Vehicles (Construction and Use) Regulations 1986(as amended).
Whilst this was not a question on which the Court was asked to rule, the Justices did find, “that considerable work would be required to bring this Goped up to Construction and Use Regulation and UK vehicle safety standards so as to satisfy road traffic legislation relating to motor vehicles”.
To be used on the road, such scooters would be required to meet all the attendant requirements such as compliance with construction regulations (as mentioned below), registration, road licence (tax disc), insurance and MOT testing. The rider would need to hold an appropriate driving licence and wear a suitable motorcycle helmet.
In order to be sold legally for road use in any Member State of the European Community, such a machine would have to be type approved as a moped in accordance with Directive 2002/24/EC.
The type approval system lays down harmonised technical construction standards for powered 2 and 3 wheeled vehicles.
Powered 2 and 3 wheeled vehicles that do not have type approval are dealt with by a motorcycle single vehicle approval scheme (MSVA). The scheme checks that a vehicle’s construction meets the relevant technical requirements for use on our roads. A guide to the MSVA scheme is available online.
For technical details of the test please contact the Driver and Vehicle Standards Agency on 0300 123 9000.
As far as DfT is aware, the majority of these scooters do not have type approval and the modifications needed for one to pass an MSVA test would be extensive. Unless they have type approval or pass an MSVA test we believe they should not be used on the road. Additionally it is an offence under section 72 of the Highway Act 1835 to ride a vehicle on the pavement.
Legal information
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