Disabled man charged for riding 4mph scooter on pavement

Chris Osborne, 43, was left furious when he was stopped by the police in Morningside Road on Saturday and charged for driving a motor vehicle on the pavement and for driving without insurance and a licence.

Mr Osborne has suffered from chronic thromboembolic pulmonary hypertension – a condition which causes extreme fatigue and swelling in the legs, affecting everyday mobility.

He used his Xiaomi M365 scooter over the past 18 months without any problems both on the road and the pavement.

Mr Osborne said: “When I walk, I have to stop every 20 metres and my legs swell up.

“When on the pavement, I always keep my speed to walking speeds as with mobility scooters. When on the road I adhered to the same laws as cyclists do.”
Mr Osborne is now faced with police charges and “points on his nonexistent licence”. He has said that he was going at “less than 5 miles per hour” and will be taking the matter to court.

UK government legislation states that, although it is not against the law to own an e-scooter, it is illegal to ride one on publicly owned roads and pavements.

Mr Osborne said that he was unaware of its illegality due to changing government legislation and ease of purchase.

He added: “I understand the need for laws and categorisation of vehicles. But people with mobility issues rely on their scooters, and it seems a bit harsh to charge them for using them. I don’t think it’s fair that these scooters are being classed as motor vehicles, yet cycles go faster than them. Government needs to sort this out with some sensible legislation.”

The legal distinction between e-scooter usage for private owners and rental users in Scotland must be addressed as public confusion builds. Rentable e-scooters became legal on UK roads on July 4 as part of an authorised 12-month trial share scheme rolled out by the Department for Transport.

The scheme will be similar to the Just Eat bike rental system to encourage social distancing and low emission travel.

The regulations require scooter fleets to have compulsory motor insurance, users must be aged 16 or over and hold a full or provisional driving licence, and usage on pavements is banned and road usage must be limited to 15.5mph.

A Transport Scotland spokesperson said: “While we had been consulted and responded on proposed changes, the sudden decision on the imminent introduction of e-scooters was taken by the UK government alone and without informing the Scottish Government in advance.

“We are working urgently to understand what this means in terms of any relevant additional legislation or associated guidance that may be required in Scotland.

“We note that as the popularity and prevalence of e-scooters and other forms of micro-mobility increases globally, roads authorities will be keen to understand trends across a range of issues, including the safety of both the user of the scooter and other road users.”