Driving law rule change set to impact over 350,000 mobility scooter users

The recently announced changes to the laws around drink driving could have an unusual impact on those who use a mobility scooter. The recently unveiled Road Safety Strategy sees the Labour government announce plans to reduce the legal limit for alcohol to 22 micrograms per 100 millilitres of breath, aligning the measures with Scotland and most of Europe.

Under the Chronically Sick and Disabled Persons Act 1970, mobility scooters fall into an obscure legal category known as “invalid carriages”. This, however, means that drink-driving laws apply to scooters.

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Daniel Swain, mobility expert at Seacroft Mobility, said: “Many people are genuinely surprised to learn that drink driving laws can apply to mobility scooters, and that lack of awareness can put users at real risk.

“Knowing the rules before you head out, particularly where alcohol is involved, is not about spoiling anyone’s fun. It is about helping people stay safe, protected and confident when using their scooter.”

Labour Party minister Simon Lightwood MP, Minister for Roads and Buses, stated: “Powered mobility devices give people independence and freedom, and the law should enable their safe use.”

On whether mobility scooter users could be fined for drink-driving, an ETA spokesperson said: “The quick answer is yes, you can be penalised, but not in the same way as the driver of a car.

“Under UK law, mobility scooters are classified as ‘invalid carriages’ under the Chronically Sick and Disabled Persons Act 1970. Invalid carriages are not considered motor vehicles in the same way as cars or motorcycles.

“As a result, they are not subject to many of the same legal requirements, such as licensing or insurance. However, while they are not categorised as motor vehicles, mobility scooters are still subject to rules under the Highway Code and other road laws.

“For example, operating a mobility scooter irresponsibly or dangerously while under the influence of alcohol could still lead to legal consequences, as it might be treated as an offence in a public space under general safety or public order laws.”