Consultation on electric wheelchairs, scooters and powered attachments could see end to legal confusion

A new consultation on outdated laws covering the use of powered mobility devices on public roads and pavements could lead to greater independence for disabled people across Britain and an end to legal confusion, say campaigners.

The consultation, launched by the government this morning (Tuesday), suggests options for updating legislation on the use of devices such as powered wheelchairs and mobility scooters that dates as far back as the Chronically Sick and Disabled Persons Act 1970.

The consultation, which applies to England, Scotland and Wales, follows a “rapid review” that has been taking place over the last few months and has involved disability groups and the Disabled Persons Transport Advisory Committee (DPTAC).

The Department for Transport (DfT) says that powered mobility devices “are often a lifeline for people, offering freedom and independence”, but that some aspects of the law are now out of date, and “do not reflect the devices disabled people, and people with reduced mobility, need or want to use”.

DfT says that any reforms should allow people who need a mobility device to use it legally; lead to greater choice of devices; and enable people to feel and be safe when using roads and pavements.

Among the changes proposed is to scrap the use of the term “invalid carriage” in legislation and replace it with “mobility device”.

The consultation also seeks views on which types of mobility device should be able to use cycle lanes on roads and off-road cycle tracks; if weight, speed and minimum age limits for different classes of powered mobility devices should be altered; and whether disabled people should be allowed to carry passengers on their devices in certain circumstances.

But it will also examine whether wheelchairs with devices such as power, hand cycle or hand e-cycle attachments should be recognised as powered mobility devices under the legislation for use on roads and pavements.

And it will look at whether pedal cycles, e-scooters and e-cycles should be recognised as mobility devices and treated differently when used on pavements and in public spaces by a disabled person.

The Department for Transport announced last summer that it would review the law on powered mobility devices.

Simon Lightwood, the minister for roads and buses, said the consultation was “the first step to delivering on that commitment as we seek views on the potential changes to legislation” and that it was “clear the legislation in its current form does not account for the modern mobility devices people need or want to use”.

The consultation follows years of lobbying and campaigning by the disabled people’s organisation Wheels for Wellbeing (WfW), including “intense work” after the confiscation of Israel Vidal’s wheelchair by the Metropolitan police last May.

He was left without his wheelchair for 19 days because police officers objected to him using a “not in class” powered wheelchair attachment at walking-speed, and impounded both his manual wheelchair and the clip-on powered attachment, treating them as an uninsured motor vehicle.

The law currently says such attachments can only be used legally on roads if they have an MOT certificate, insurance and licence plate, and the user has the appropriate driving licence.

Isabelle Clement, director of WfW, said: “We are delighted to see the Department for Transport consulting on modernising laws on ‘powered mobility devices’.

“Over 10 million people in the UK have mobility-related impairments and existing laws create confusion, restrict market innovation and limit disabled people’s freedom to travel.

“New high-quality regulations that meet disabled people’s needs will enable millions more disabled people to legally use a growing range of existing and innovative safe, convenient, cost-effective, low-carbon mobility devices to move around our communities.”

She said reform “has the potential to improve the independence, physical and mental health, employment, educational and social options of disabled individuals and our families” across Britain.

Sir Stephen Timms, the minister for social security and disability, said: “We are determined to break down barriers to opportunity for disabled people and improving access to assistive technology, as well as making sure that the laws around its use are up to date, is essential to this.

“I encourage disabled people to respond to the Department for Transport’s consultation so their views and voices are used to shape this policy.”

Nick Goldup, chief executive of the Wheelchair Alliance, whose board members include wheelchair-users – including its president, Baroness [Tanni] Grey-Thompson – and representatives of charities and service-providers, said: “The Wheelchair Alliance wholeheartedly welcomes this government review of powered wheelchair legislation.

“For too long, wheelchair-users have been sidelined by outdated legislation and offensive terminology.

“Many individuals using wheelchairs over 150 kg have been left feeling anxious and worried about breaking the law.

“Having worked closely with Simon Lightwood MP for over a year, we are beyond proud that our campaigning has secured this commitment to change.

“We will continue to amplify the voices of our community to ensure this review delivers a fairer, more inclusive future for all.”

The consultation will run for 12 weeks and closes on 31 March.

Picture by Charlie Fernandes/Wheels for Wellbeing