Jesse Norman – 2022 Speech on the Antisocial Use of E-scooters

The speech made by Jesse Norman, the Minister of State at the Department for Transport, in the House of Commons on 8 December 2022.

I thank the hon. Member for Newport East (Jessica Morden) for her speech, and for the resolute campaigning and interrogation that she has devoted to this issue for a considerable time. As she and the House will know, this country’s transport system is intrinsically a highly complex and evolving network. There is a constant stream of new vehicles and other technological transport innovations, and dealing with them is one of the continuing challenges for any Government, including this one. It is, however, clear—as the hon. Lady said—that the Government have a responsibility to ensure the safe use of new transport technologies, especially for the most vulnerable users. If those problems are not tackled head-on, and if antisocial and unsafe use is not addressed, the economic and social opportunities that everyone recognises derive from a properly functioning transport system may be lost.

It is also essential, for reasons of public consent, to bring the public along with the policy so they understand that they are being kept safe, as well as being supported, by transport, and to reassure them as the pace and scale of these transport changes, which amount to something of a revolution in electrification and miniaturisation, accelerate. We recognise that the current lack of regulation is at odds with the increasing use of e-scooters. It is essential to ensure that the right regulation, designed to create proper accountability and responsibility, is in place. Regulation, as well as ensuring safety, should minimise burdens on the development of new innovations and new technologies wherever possible.

There was a vivid demonstration of this when the pandemic struck, because there was a clear need to mitigate the impact of reduced shared public transport capacity and to provide a convenient, clean transport option that allows for social distancing. As a result, the Department for Transport accelerated and expanded plans for four e-scooter trials in 2021, in order to go further and faster in that direction. It fast-tracked the trials, launching them in July 2020, following a public consultation with more than 2,000 responses showing strong support for running trials to gather evidence. There were 17 trials in operation by October 2020, and today there are 27.

Alongside this, the Government introduced clear rules from the start, stating in part that e-scooters must not be ridden on pavements, that e-scooters must be speed restricted to 15.5 mph, or lower where the local authority requires, and that users must have a full or provisional driving licence, and therefore that a minimum age of 16 applies. These rules are required to be communicated to users through an app before they use an e-scooter.

From the start, it was also clear that discarded rental e-scooters would be a hazard to pedestrians, particularly those with visual impairments. The Department therefore empowered local authorities to encourage the responsible parking of rental e-scooters. It is fair to say that we have very successful working between operators and cities, which has helped to reduce the nuisance and obstruction that e-scooters can cause.

Like the hon. Member for Newport East, I am grateful to organisations such as Guide Dogs UK, the Royal National Institute of Blind People and Sight Loss Councils, among others, for collaborating with operators and local authorities, and for the insights they have shared with the Department for Transport.

The Government have extended the trials until May 2024 to ensure they can continue to gather evidence on what does and does not work, which is the reason for having such a wide range of trials and such a wide range of scope for regulatory and other innovations. The evidence and learning from these trials will be published shortly.

I am mindful that technology and incentives alone cannot tackle antisocial use. There will always be some antisocial use of any mode of transport, which comes with the turf. As the hon. Lady knows, Wales chose not to participate in the trials, and so by default any e-scooter ridden on public roads in her constituency is illegal. Most micro-mobility vehicles, including e-scooters, are currently classed as motor vehicles and must meet the wide range of requirements built into the current legislation.

The hon. Lady asked about the joining up of enforcement, and my Department is in regular contact with the National Police Chiefs’ Council and the Home Office to ensure a consistent approach to tackling this issue. We continue to support the police to ensure they have the tools they need. The House will recall that a full suite of offences can apply to e-scooters relating to speeding, dangerous driving and drink and drug driving, as well as to licensing and insurance. Users have been fined up to £300, had their vehicle impounded and had up to six points put on their driving licence, so a driver who recently passed their test could lose their licence if caught riding a private e-scooter.

Martin Vickers (Cleethorpes) (Con)

The Minister refers to the powers that the police have. Does he have any statistics available to show how many offences have been recorded and what punishment has been handed out? It is probably fair to say that that is rather limited.

Jesse Norman

As my hon. Friend will be aware, the police publish statistics on crimes and offences. It is important to say that this will differ by region and by the priorities for the police forces in question. We have devolved police forces and they are not accountable directly to Government; they set their own priorities. In Wales, they may choose to set priorities that decide that any e-scooter ridden on roads there is illegal and then fine people and take appropriate enforcement action on that basis. The same will be true in other parts of the country, depending on the specifics of the police force’s own priorities. The key point is that when they reach for those enforcement mechanisms, they will find one of most established and strictest regulatory suites of enforcement rules and requirements anywhere in the world.

There is not a great deal of time left in this debate, so let me say that our current regulatory regime on micro-mobility is a symptom of the rapid evolution of the market. It is important to recognise that UK retailers also have a duty to advise their customers of the law and to ensure that those customers do not unknowingly take the law into their own hands. The hon. Lady gave the example of one particular online retailer, but this week I have written to retailers reminding them of the Driver and Vehicle Standards Agency’s continuing market surveillance work in this area, specifically in relation to the marketing that the retailers have put online, and their duties on advertising and the accurate provision of information. That, too, is an important way of assisting a crackdown on illegal and irresponsible use.

Since setting up the trials, we have had 31 million journeys on e- scooters, with the vast majority being completed safely. It is important to see these in some form of context. Nevertheless, there have sadly been four deaths in the trials, the most recent of which was the tragic death in Birmingham on Tuesday morning. I am following the detail of that case closely and will be ensuring that we learn lessons from this terrible incident. I extend my condolences and those of the Department to the family of the person involved. I am sure that the House will understand that it would be inappropriate for me to comment further while the police investigation is under way.

We have also already implemented some early learning from the trials. In February, the Government set out further guidance for the rental trials on minimum training, further encouragement of helmet use, mandating unique identification numbers and reducing illegal behaviour. Following that, the private sector trial operators have risen to the challenge and started to provide innovative solutions. They include things such as credits for ‘helmet selfies’, app-based safety quizzes or compulsory reaction tests after 10pm in an attempt to cut down on drink-riding. Outside the trials, we know that there are safety concerns surrounding the illegal use of private e-scooters on our roads too. Between July 2021 and June 2022, there were 1,437 casualties recorded in collisions on the public highway involving both rental and illegal private e-scooters, with 12 killed. That goes to the point raised by my hon. Friend the Member for Cleethorpes (Martin Vickers). We also know that it is not just e-scooter riders getting hurt; of those 1,437 casualties, 342 were other road users, and of the 12 fatalities one was a pedestrian. So the clear need for enforcement activity is evident.

Let me wind up quickly. We need to find a balance between the conflicting requirements. No one wants an unregulated free-for-all, as that would be unsafe for our communities.

Jessica Morden rose—

Jesse Norman

I just do not have any time. I cannot respond to the hon. Lady’s speech if I do not—

Jessica Morden

You have 12 minutes.

Jesse Norman

In that case, I am happy to take the intervention, of course.

Jessica Morden

I would be grateful if the Minister just addressed the issue of the transport Bill and any secondary legislation that is planned by the Government. Will he give us an idea of what is planned in a transport Bill and when we might see it, and of any secondary legislation relating to some of the things we have learnt from the trials?

Jesse Norman

I thank the hon. Lady for her question, but I do not think that I can do better than my colleague, the Secretary of State, in his comments to the Transport Committee, and I do not think that this would be an appropriate place for an impromptu announcement, even if I had one, in this area. I understand her concern and I share it. We, too, want to take vigorous action not just in this area, but in several other areas of transport. We recognise the public concern, and we also recognise the economic and business benefits from effective, early legislation.

As I was saying, Mr Deputy Speaker, the point here is that we need to find a balance in the way that we regulate. An unregulated free-for-all is unsafe for communities, and, in the long run, bad for businesses, as public policy follows, potentially, a cycle of reactions to faltering consumer confidence and real-world safety impacts. We do not want to be in a position where laws trail behind, to the extent that UK businesses are forced to launch innovations abroad and our transport users’ needs and wants are unmet.

Jessica Morden

Does the Minister accept that other European countries are much further ahead than us in looking at what regulations we might need with e-scooters in a whole range of specifications, such as speed and so on? Does he accept that we are far behind them and therefore there is a need to legislate quickly, or to look at this quickly, rather than to leave it to drag on if there is no transport Bill?

Jesse Norman

I am afraid that I do not accept that, no. The facts of the matter are that some other countries have decided to change their regulations because they had launched the wrong set. They have re-regulated in certain cities, and some countries have not even permitted any trials of e-scooters, so I do not accept that. Indeed, in general in this country, we have a remarkably flexible, open and innovative transport sector. One can see that in the use and trial of autonomous vehicle technologies, in the use of zero emission vehicles, in the ways that electric vehicles are being brought into the market in the UK, and in the speed and development of that market. Therefore, I do not accept that point.

However, we do need a flexible and fully enforceable regulatory framework that allows Government and agencies of Government to manage the balance that I have described and to handle the different challenges faced by cycles and motor vehicles. That is why we announced at the Queen’s Speech our intention to bring forward primary powers, as the hon. Lady has mentioned. However, this is a complex area, and the Government are still developing requirements for e-scooter use and are continuing to gather the evidence. There is an enormous amount of evidence being brought forward from the trials. The trials are diverse in the way that they address these issues. That is deliberate and it allows more testing of different contexts, different outcomes and different technological and behavioural responses, and that is a valuable thing.

The goal throughout is to ensure that we tackle anti- social behaviour, learn from the trials, encourage take-up and also support the active travel and decarbonisation agendas. If we are properly able to manage that, e-scooters may well be able to take their place alongside the other technologies that are in place, but it is not appropriate to pre-judge the results of the consultation that we will be launching in due course.