Campaign News – February 2010
Monday, February 8th, 2010
Campaign News from Helen Smith, Director of Policy and Campaigns
The Department for Transport is currently looking at whether there is a need to change the legislation covering powered mobility vehicles. This is because currently mobility vehicles are covered by several pieces of legislation, the most recent of which is the “Use of Invalid Carriages on Highways Regulation 1982.” The legislation is now over 25 years old and in that time there has been a steady increase in the number of these vehicles. Current estimates suggest there may be around 300,000 in the UK. There has also been an increase in the number of reports of injuries to pedestrians, including some deaths.
Existing regulations
In spite of being mechanically propelled, powered wheelchairs and mobility scooters are not regarded as being motor vehicles for the purposes of Road Traffic legislation and users are exempt, from many of the obligations of other road users.
There are two main classes of mobility vehicle: Class 2 can legally travel up to 6.4kph (4mph) on pavements and are allowed on the road to cross from one side of the road to the other. The unladen weight of a Class 2 vehicle should not exceed 113.4 kilograms. Within the category of Class 2 vehicles some are more suited to indoor use as they are smaller and more compact.
Class 3 vehicles generally have features similar to Class 2, but tend to be larger and can be used on the roads where they can travel up to 12.8kph (8mph) although they should be fitted with a speed limiter which the user is supposed to turn on when driving on pavements. The unladen weight of a Class 3 vehicle should not exceed 150 kilograms. Class 3 vehicle users do not require a driving licence but should obey the Highway Code at all times. Class 3 vehicles must be registered with the DVLA and are required to display a “nil value” tax disc.
The Chronically Sick and Disabled Persons Act 1970 restricts both Class 2 and Class 3 vehicles to single occupancy, but there are no regulations that govern the use of powered wheelchairs and scooters off the highway. In addition, there are no regulations governing the use of mobility scooters on public transport.
What changes are being proposed?
At the moment the Department for Transport is only investigating to see if the legislation needs to be changed. If they come to the conclusion that changes do need to be made then a formal consultation will be carried out. The following questions are currently being asked about the current legislation;
- Does the existing classification system describe these vehicles and their use?
- What circumstances should people be allowed to use mobility vehicles on pavements?
- What circumstances should people be allowed to use mobility vehicles on roads?
- Should the term “invalid” carriage should be abandoned in secondary legislation and replaced by a less offensive term?
- Should vehicles be allowed to be heavier than 150kg?
- Should vehicles be subject to a local registration scheme similar to the Blue Badge scheme?
- Should vehicles display a local registration plate?
- Should vehicles no longer be required to be registered with the DVLA?
- Should certain vehicles be allowed to go faster than 8mph on roads?
- Should users be required to have 3rd party insurance?
- Should there be any assessment of a user’s fitness to drive?
- Should users be more visible eg wearing fluorescent clothing?
- Should the use of the speed limiter be made clearly visible to pedestrians through an illuminated sign?
- What penalties, if any, should be applied to people who don’t follow these regulations or who drive irresponsibly?
- What design specifications might be required?
At a meeting I attended recently to discuss changing the legislation the general feeling from people attending was that some of the current rules, like registering with the DVLA didn’t seem to make sense, as no number plate has to be displayed. There were also examples given of some types of mobility vehicle that are heavier and faster than current legislation permits. Design of mobility vehicles was also up for debate as it was felt that a lot could be done with design to make these vehicles safer when they are mixed in with pedestrians.
Mobilise would very much like to hear your views on any of these questions and we will feed back your comments to the Department for Transport. Let me know your views by writing to me at the usual address (see Contact Us above to email us direct).
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