Enforcement
96.Several witnesses highlighted that robust enforcement will be needed to prevent users riding e-scooters on pavements.
169 However, there were concerns about how successful this would be in practice, and whether authorities and police would have the capacity to enforce pavement use effectively.
170 The Bicycle Association noted that there was a lack of clarity on the offences that apply to illegal use of e-scooters, and the AA questioned how strictly the e-scooter trials would be enforced.
171 The Local Government Association told us that councils will require additional funding to enforce e-scooter safety restrictions.
172 The RNIB wanted a Government publicity campaign on e-scooters, with clear messaging not to use them on pavements.
173
97.E-scooter operators told us about some of the technical tools available to identify whether a user has ridden on the pavement.
Lime told us that they can retrospectively identify if a user has ridden on the pavement by comparing the data from users’ journeys. It is then possible to penalize a user retrospectively.
174 Voi said “where people try to break the law, there are ways in which we can stop them. If we know that someone is reported with GPS, we will know who that person was and when they did it. We can enforce that later.” Voi also said that over time, with improvements in technology, it may be possible to more proactively identify e-scooter users riding illegally on pavements.
175 There remain wider concerns about enforcing the use of privately owned e-scooters, which are not part of the trials, as they are not subject to restrictions and penalties by an operator in the same way rental ones are.
98.In its guidance for e-scooter operators and local authorities, the Department said that prior to approving a trial scheme, the operator and local authority must demonstrate that they have considered enforcement issues with the relevant authorities, and that the e-scooter vehicles they plan to deploy can be made visible and distinct from privately owned e-scooters.
176 The Minister told us “we would not authorise any trial to go ahead unless it had evidence that it had engaged with the law enforcement agencies in its local area and had constructed a robust and realistic enforcement plan.” The Minister clarified the offences for illegal e-scooter use: “users can be fined up to £300. They can have six points put on their driving licence, and the e-scooter can be impounded. There are also offences under the Road Traffic Act related to drunk driving and careless driving. They would also apply to e-scooter users.”