JustBeingCP

On the 10th of December I had a near miss with a mobility scooter whilst and about minding my own business in Hereford city centre, following the incident I wrote to the Department for Transport seeking clarification of the rules around wheelchairs and mobility scooters being used on the roads and in pedestrianised areas.

Below are the rules around mobility scooters and wheelchairs being used on the roads and in pedestrianised areas as set out by the Department for Transport on there website.

Powered Wheelchairs & Mobility Scooters

Rule 36: There is one class of manual wheelchair (called a class 1 invalid carriage) and two classes of powered wheelchairs and powered mobility scooters. Manual wheelchairs and class 2 vehicles are those with an upper speed limit of 4mph (6km/h) and are designed to be used on pavements. Class 3 vehicles are those with an upper speed of 8mph (12km/h) and are equipped to be used on the road as well as the pavement.

Rule 37: When you are on the road you should obey the guidance and rules for other vehicles; when on the pavement you should follow the guidance and rules for pedestrians.

Use on the pavements

Rule 38: Pavements are safer than roads and should be used when available. you should give pedestrians priority and show consideration for other pavement users, particularly those with hearing or visual impairment who may not be aware that you are there.

Rule 39: Powered wheelchairs and scooters MUST NOT travel faster than 4mph (6km/h) on pavements or in pedestrian areas. You may need to reduce your to adjust other pavement users who may not be able to move out of your way quickly enough or where the pavement is to narrow.

Rule 40: When moving off the pavement onto the road, you should take special care. Before moving off, always look around and make sure it’s safe to join the traffic. Always try to use dropped kerbs when moving off the pavement, even if this means travelling further to locate one. If you have to climb or descend a kerb, always approach it at right angles and don’t try to negotiate a kerb higher than the vehicle manufacturer’s recommendations.

Use on the Road

Rule 41: You should take care when travelling on the road as you maybe travelling more slowly than other traffic (your machine is restricted to 8mph (12km/h) and maybe less visible.

Rule 42: When on the road, Class 3 vehicles should travel in the direction of the traffic. Class 2 users should always use the pavement when it is available. when there is no pavement, you should use caution on the road. Class 2 users should, where possible travel in the direction of the traffic. If you are travelling at night then lights MUST be used, you should travel in the direction of the traffic to avoid confusing other road users.

Rule 43: You MUST follow the same rules about using lights, indicators and horns as for other road vehicles, if your vehicle is fitted with them. At night lights, MUST be used. Be aware that other road users may not see you and you should make yourself more visible – even in the daytime and also at dusk – by, for instance, wearing a reflective jacket or reflective strips on the back of the vehicle.

Rule 44: Take extra care at road junctions, when going straight ahead, check to make sure there are no vehicles about to cross your path from the left, the right or overtaking you and turning left. There are several options for dealing with right turns, especially turning from a major road. If moving into the middle of the road is difficult or dangerous, you can

stop on the left hand side of the road and wait for a safe gap in the traffic.

negotiate the turn as a pedestrian, i.e travel along the pavement and cross the road between pavements where it is safe to do so. Class 3 users should switch the vehicle to the lower speed limit when on pavements.

If the junction is too hazardous, it maybe worth considering an alternative route. Similarly, when negotiating major roundabouts (i.e with two or more lanes) it maybe safer for you to use the pavement or find a route which avoids the roundabout altogether.

Rule 45: All normal parking restrictions should be observed. Your vehicle should not be left unattended if it causes an obstruction to other pedestrians- especially those in wheelchairs. Parking concessions provided under the blue badge scheme will apply to those vehicles displaying a valid badge.

Rule 46: These vehicles MUST NOT be used on the motorways. The should not be used on unrestricted dual carriageways where the speed limit exceeds 50mph (80km/h) but if they are used on these dual carriageways, they MUST have a flashing amber beacon. A flashing amber beacon should be used on all other dual carriageways.

In the last hour or so the Secretary of State for Transport, Heidi Alexander has replied to my question around who is responsible for the enforcement of the rules by saying that ” Enforcement of the Law is a matter for the police who will decide on the evidence of each individual case, whether an offence has been committed and the appropriate action to take.

She added that mobility scooters and wheelchairs are intended to provide local outdoor mobility for disabled people or those with mobility difficulties.

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Cam