Mobility Scooters

[johncarnie]

Was reading Victoria Hazael's blog re children cycling on the pavement. She refers to Section 72 of the Highways Act 1835 and how it applies to cycles. Having recently had to jump smartly out of the way of a very determined lady on her mobility scooter (who was probably exceeding the 4 mph limit), I was wandering, is there an exception to this act for mobility scooters? I know there are rules (36 to 46) in the Highway Code - but I cannot find the exception from Section 72!

[661-Pete]

We have quite a lot of users in Costa Geriatrica (aka Sussex) - and they seem to come in all sorts. Some on the pavement (where they can be an annoyance to pedestrians) and some on the road (where they can be an annoyance to cyclists and other road users - and certainly a danger to themselves).

My take is, if they're not in immediate danger, or putting someone else in immediate danger, let 'em be.

[admin]

My guess is that a mobility scooter isn't defined as a "carriage" like a bicycle is, so the Highway Act 1835 would not apply.

Update: they're defined as "invalid carriages", and the Chronically Sick and Disabled Persons Act 1970 explicitly allows them to be used both on footways, including footpaths and bridleways. They are also exempted from some other traffic laws when ridden on a carriageway.

http://www.legislation.gov.uk/ukpga/1970/44/section/20

Note that until the Local Government Act 1888 was passed, bicycles were not classed as "carriages" and so could be legally ridden on footways. At that time there were no cars, and it made perfect sense to require bicycles and horse-drawn carriages to use the carriageway together (they travelled at similar speeds) while reserving the footway to be mud-free and a little safer for pedestrians.

Cycling on the footway was perfectly legal for the first ten years of CTC's existence.

[BeeKeeper]

A mobility scooter is classed as medical equipment. This is why they can be used without a license - by disabled people only, which anyone else using an electrically powered buggy would need to have. They don't need to comply with Construction and Use regulations, or whatever they may now be called, which apply to any other motorised transport. This link will take you to a Word document, so don't click if you can't read docs. https://www.gov.uk/government/uploads/s ... -users.doc

Here are some extracts:

What is a mobility vehicle?

Manual and powered wheelchairs and mobility scooters are medical devices for those who cannot walk or who have difficulty walking. In law you will still find them called 'invalid carriages'. There are three types of 'invalid carriage' defined in 'The Use of Invalid Carriages on Highways Regulations 1988':

• Class 1 - manual wheelchairs, i.e. self-propelled or attendant-propelled, not electrically powered;
• Class 2 - powered wheelchairs and mobility scooters, intended for footpath or pavement use only with a maximum speed limit of 4 mph;
• Class 3 - powered wheelchairs and mobility scooters, for use on the road, with a maximum speed limit of 8 mph but with the facility to travel at 4 mph on a footpath or pavement.

Can anyone use a mobility?
The law states that a Class 2 and Class 3 vehicle may only be used by a disabled person, or by a non-disabled person who is demonstrating a vehicle before sale, training a disabled user or taking the vehicle to or from a place for maintenance or repair. In addition, a Class 3 vehicle can only be used by a disabled person aged 14 or over. A disabled person in this context is someone with an injury, physical disability or medical condition which means that they are unable to walk or have difficulty in walking.

Where can I use my mobility vehicle?

All vehicles can be used on footpaths, pavements, bridleways, and in pedestrian areas at a maximum speed of 4mph. Class 1 and 2 vehicles can be used on the road if a pavement is not available, or where it is necessary to cross the road.

Class 3 vehicles can be used on most roads at a maximum speed of 8mph. They cannot be used on motorways, in bus lanes (when in operation) or in "cycles only" cycle lanes. They should not be used on dual carriageways with a speed limit of over 50 mph. If they are, you must have an amber flashing light for safety reasons. It is advisable that you have an amber flashing light when used on all other dual carriageways.

[Steady rider]

•
Children younger than 12 years of age may ride on any footpath unless a ‘no bicycles sign’ has been erected.
•
Riders 12 years of age and over are not permitted to ride on a footpath.

from page 20
http://www.transport.wa.gov.au/mediaFil ... he_law.pdf

Requirements for cycling on footpaths in urban and rural cycling areas and speed limits could be considered.

[gaz]

•
Children younger than 12 years of age may ride on any footpath unless a ‘no bicycles sign’ has been erected.
•
Riders 12 years of age and over are not permitted to ride on a footpath.

Useful to know, if you happen to be riding in Western Australia .

[Bicycler]

Note that until the Local Government Act 1888 was passed, bicycles were not classed as "carriages" and so could be legally ridden on footways. At that time there were no cars, and it made perfect sense to require bicycles and horse-drawn carriages to use the carriageway together (they travelled at similar speeds) while reserving the footway to be mud-free and a little safer for pedestrians.

Cycling on the footway was perfectly legal for the first ten years of CTC's existence.

It had probably always been illegal. Whilst the LGA 1888 made it explicit, the argument that a bicycle was not a carriage within the meaning of the HA 1835 had previously been rejected in court.

The question is, whether a bicycle is a carriage within the meaning of the Act. I think the word "carriage" is large enough to include a machine such as a bicycle

Taylor v Goodwin (1879)
The section under consideration was section 78 (furious carriage driving) but there is no reason to assume carriage would mean something different in s. 72 of the same Act.

To be honest we don't need to look back over a century to recall a time when cyclists weren't forced from the roads by the sheer volume of cars and the way in which they were driven. Maybe 40 years...

[Steady rider]

http://www.abc.net.au/news/2014-04-07/d ... nd/5371586
An example of making the roads a bit more cycle friendly.

[snibgo]

Class 3 vehicles ... cannot be used ... in "cycles only" cycle lanes.

I never knew that. I suppose it applies to Classes 1 and 2 as well. Next time I encounter one in a mandatory cycle lane, I'll know what to do.

[Tom Richardson]

some on the road (where they can be an annoyance to cyclists and other road users - and certainly a danger to themselves).

I've heard the notion of 'being a danger to themselves' often applied to cyclists as well (recently put to me by a 4x4 driver who suggested that I was 'a danger to myself' because i didn't get my bike out of the way quick enough for him on a singe track road). I think what you really mean is that they are exposing themselves to danger presented by others.

[Bicycler]

+1

[661-Pete]

I think what you really mean is that they are exposing themselves to danger presented by others.

All right, I'll accept your version of the phrasing.