AN E-SCOOTER rider who was seriously injured in an accident in Carlisle was unwittingly breaking the law, a court was told. 

Daniel Green, 35, who at the time was a banned driver with a month of the disqualification left to serve, suffered fractured ribs and a leg injury so serious he needed “extensive surgery” to repair the damage.

He admitted two offences: disqualified driving and being uninsured.

The offence can be punished with a discretionary ban, but defence lawyer Steven Marsh told magistrates that Green, of Sewell Place, Carlisle, had no idea the E-scooter was classified legally as a motor vehicle or that he was breaking the law.

The court heard that the offence came to light on July 19 last year when the defendant collided head on with a car in Clementia Terrace, Carlisle. When police were informed, they checked their records and discovered the ban.

Mr Marsh said Green had been to Asda before his accident but forgot to buy something, and so decided to nip back, using the E-scooter. He tried to ride past a parked car on a bend when a car drove from the opposite direction.

“He collided with the front of that vehicle,” said Mrs Marsh. “He said it was not his fault and he would dispute and suggestion that there was bad driving. He hit the bonnet of the other vehicle.”

Though the car driver was uninjured, Green was unprotected and therefore seriously injured, and may never fully recover from the leg injury he sustained, said Mr Marsh. The lawyer said the E-scooter's top speed was 15mph.

Green was arrested on the day of the accident at the property where he had gone to wait for medical help.

His driving ban had been due to end on August 10 and was not expired, said Mr Marsh. The lawyer said he had researched the law and it was clear that such E-scooters were classified as motor vehicles and therefore subject to traffic law.

Mr Marsh said: “So far as Mr Green is concerned, there was a lack of clarity with regard to the law and E-scooters. He did not know that he was contravening his ban.

“He bought the E-scooter in March from Halfords and his children have also got some. He wasn’t made aware that you can not ride them other than on private land. They are completely illegal to drive on a road or pavement.”

This also means that it is not possible to insure an E-Scooter for use on a public road. Mr Marsh said the defendant said that he was not warned of this when he bought the E-scooter, which seemed surprising.

There are currently trials are underway in certain areas to explore whether E-scooters can be used safely on public roads but not in Carlisle.

Magistrates at the city's Rickergate court were told that it is the responsibility of those using such machines to check out how the law applies to them.

They chose not to impose a new ban on Green, choosing instead to endorse his driving licence with six penalty points. He was fined £120, with a £48 victim surcharge and £85 prosecution costs.

He will pay off the £253 debt at a rate of £20 per week.

For more information about E-scooters and the law in the UK, go to this website page.  Halfords have also published their own guide to this issue, and it can be found here.