Government review of law on mobility aids could prove ‘absolutely transformative’

Disabled campaigners have welcomed the government’s announcement that it will review the laws around powered wheelchairs and mobility scooters, and examine how new mobility technology could be “safely implemented” for disabled people to use.

They believe that better regulations on mobility aids would be “absolutely transformative” for disabled people’s ability to get around.

The Department for Transport (DfT) has yet to launch a public consultation, but its “micromobility” team has told disability organisations that the review will take place and will be co-produced with disabled people.

The disabled people’s organisation Wheels for Wellbeing (WfW) said it was “delighted” with the government’s announcement, and “even more pleased that the review will be co-produced with disabled people”.

The review follows years of lobbying and campaigning by WfW, including “intense work” after the confiscation of Israel Vidal’s wheelchair by the Metropolitan police in 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.

WfW is calling for two urgent new pieces of guidance.

The first would ensure police and other services understand they should never confiscate disabled people’s aids unless it is essential to reduce an immediate danger.

The second would make sure police use discretion when dealing with disabled people using “not in class” mobility aids in public places, so those using their aids in ways that are not dangerous to others can make journeys without fearing police intervention.

It has produced a briefing document that explains the complexity of the law in this area, as well as a longer guide to mobility aids.

WfW also points to the problems confronted by disabled children under 14, who face legal barriers in accessing the electrically-assisted mobility aids they need.

Other disabled people are refused access to public transport, their workplaces, or even the social housing where they live, because they use equipment such as non-folding e-cycles, tricycles, or sometimes even mobility scooters or powerchairs which use modern lithium-ion batteries.

Kate Ball, campaigns and policy lead for WfW, said: “At the moment, outdated regulations mean that far too many disabled people are prevented from getting or from using the mobility aids that work for us, to make the journeys we want and need to make.

“New, co-produced, inclusive and future-proofed mobility aid regulations are an absolutely essential step towards providing disabled people with access to a full range of mobility options, including new and emerging technologies.

“Improved mobility aid options will help enable disabled people to live, work, learn and contribute in the ways that we want to and are able to – and will provide great opportunities for UK businesses and industry as well.”

Ball said that e-scooters could eventually be “incredibly valuable mobility aids” for many disabled people who can balance on two wheels, as they are “cheap, small and lightweight compared to mobility scooters”, and for those living in housing without level access they can be “the only viable mobility option”.

WfW is campaigning for e-assisted and unpowered cycles of all types to be recognised as mobility aids when used by disabled people to assist with or replace walking.

DfT told WfW that its review will look at new technologies “that have created a range of new micromobility vehicles” which present a “significant opportunity to improve disabled people’s independence”.

Current “invalid carriage” regulations are nearly 40 years old and “do not account for the devices people need to use”, so it is also reviewing the laws on powered mobility aids such as electric wheelchairs and mobility scooters.

Its micromobility team said it would work closely on the review with organisations representing disabled people.

As part of the review, there will be an in-depth investigation into the “opportunities and the risks of using new technology safely and responsibly, considering the needs of all disabled people”.

The team told WfW that it was “committed to ensuring this policy is reviewed and designed with disabled people, not for them”.

A DfT spokesperson said: “Those with disabilities should have the freedom to travel like anyone else, which is why we commissioned this review into mobility aids.

“Our consultation will closely examine current laws surrounding powered wheelchairs and mobility scooters, and look at how new mobility technology for disabled people could be safely implemented in the future.”

Picture by Charlie Fernandes/Wheels for Wellbeing

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