In July 2020, the UK Government chose to permit e-scooter trial rental schemes in England to offer ‘greener’ ways to travel. The schemes involve 23,000 e-scooters in 31 areas and are being monitored by the Department for Transport (DfT).

Whilst the intention behind e-scooters was to offer an alternative to public transport and ‘greener’ option than cars, the rampant use of private e-scooters is evading public authorities and causing a sharp increase in road traffic incidents and public injuries.

In fact, during 2020, it was reported that 196 patients arrived to the emergency department of King’s College Hospital having suffered an incident involving an e-scooter, with 30% of those having suffered limb fractures.

It has since been reported that e-scooters will be axed from the roads in Kent following the two year trial due to safety concerns.

Not only does the lack of regulation around private e-scooters cause concern but the silent nature of the vehicles means pedestrians crossing roads, are very vulnerable to accidents.

We conducted an online Census survey of around 2,000 members of the public found that more than a third of Brits strongly believe e-scooters are not safe on public roads and cause traffic accidents. That said, we found that consumers would be encouraged to use e-scooters if more safety regulations were introduced.

Given these safety concerns, it’s crucial that regulation is put in place to curb the illegal and dangerous use of private e-scooters, as well as reinforce rules for rental schemes too.

Regrettably, e-scooter accidents on the road aren’t the only risk. E-scooters are fitted with lithium-ion batteries, which are highly prone to catching fire if damaged or charged incorrectly meaning they pose a serious fire hazard. In fact, e-scooter battery fires have been reported on public transport, in domestic properties and operators’ warehouses.

Whilst all e-scooters should be sold with a warning of the fire risks associated with the vehicles, with private e-scooters which are not regulated, tampering is prevalent and batteries are at a greater risk of water ingress and damage.

To help combat dangerous and illegal private e-scooter use, education is key.

The Department of Transport should make it clear to the public that it is illegal to use a private e-scooter on public roads and in almost all public places in the UK, and that they could incur fines and penalties if caught.

However, the onus is not just on owners of private e-scooters but on retailers too. The Department of Transport should take action against retailers which fail to properly inform customers of the risks and regulations around the use of private e-scooters. They should be prepared to cooperate with police in taking enforcement action against illegal and unsafe use of private e-scooters.

If the Government legalizes private e-scooters, regulations will be key to maintaining the safety of owners of the e-scooters as well as other road users and general public. Examples of regulations that will help are introducing a maximum possible speed of 12.5 mph, helmet wearing to be made mandatory and two independently controlled braking devices to be included in the construction of the e-scooter. Regulations similar to those for drivers would also help, including an age limit, drink driving and handheld mobile phone use to be prohibited and lighting to be mandatory at all times.

With growing concern around the safety of e-scooters in the UK, it’s vital that people know the law and understand whether they’re eligible to make a claim if an accident occurs or is not their fault.

For example, private e-scooters are only legally allowed to be driven on private land, therefore anybody who sustains an injury on a public road may not succeed in a claim – even if the accident is 100% the fault of another driver. The law in this area requires clarification and we expect test cases to be heard over the next 12 months.

Jonathan White is legal and compliance director at National Accident Helpline