Mobility and Access Committee for Scotland (MACS) - Consultation Response: Reviewing the law for powered mobility devices

MACS welcome the review into the law for powered mobility devices as the current laws are not fit for purpose or reflective of current equipment or usage.

There are several issues that need to be considered when revising the legislation around this area.

A clear distinction needs to be made between powered wheelchairs and scooters, with the current confusion between the 2 devices negatively affecting both user groups.

Any regulation around powered mobility devices should reflect the European standard on electric wheelchairs EN12184, as this is what all powered wheelchairs in Europe and the US are tested to. It is currently the benchmark at which something is allowed to be called a ‘wheelchair’ rather than personal mobility device. The safety standards involved in EN12184 are rigorous and robust with a clear testing framework.

Any categorisation of mobility devices in the UK should be in line with the categorisation used IN EN12184. In terms of regulating speed of devices, the European standard EN12184 very helpfully includes stopping distances for devices moving at different speeds. This should be taken into consideration when deciding what the limits are and where equipment should be used.

The current legislation is not fit for purpose because it is being breached by Disability charities and the NHS who supply powered wheelchairs to under 14's.

Regarding the inclusion of powered add-ons, this should be welcomed as they are increasingly being used. Outside of wheelchairs and scooters, there needs to be aimed knowledge when many of the devices listed in this consultation do not have to undergo the same rigorous safety testing as scooters and wheelchairs, and therefore if being included in this legislation, there is an opportunity to increase the safety standards of these pieces of equipment.

With regards to mobility devices used by nondisabled people, we are aware that there are several disabled people using these devices for their personal mobility and therefore it would be beneficial to try and find a way to enable that to continue legally. However, there are significant enforcement issues around enabling this due to our lack of disability identification in the UK and the lack of people that are able to enforce this to ensure that this wouldn't be abused by those that don't need said equipment and ensure the safety of the wider population

Creating exceptions around uses of this equipment for disabled people risk creating circumstances which would lead to nondisabled people being confused by the regulations and what they are required to do. For example, it wouldn't be possible for a cyclist to see whether someone was allowed to use the pavement because they were disabled and therefore seeing another cyclist on the pavement would make it seem like that was more permissible which then causes a greater safety risk to pedestrians.

In addition, the increased risk to pedestrians by disabled people being able to use vehicles designed for the road on pavements probably outweighs the benefits to disabled people of allowing the equipment.

Permitting disabled people to use non-disability equipment in spaces where it is not expected would potentially lead to shared spaces, which pose a significant risk to groups of disabled people such as blind older people and those with mobility impairments. The relatively small number of people that would be permitted to do this also increases the risk posed, as it would mean that those devices are less expected in pedestrian spaces.

In terms of allowing scooters and bicycles onto public transport for disability reasons, again in principle this is a good thing. However, storage of those devices while in transit would prove to be a challenge due to the lack of accessible infrastructure. Those using these devices will tend to have greater mobility than those using wheelchairs or powered wheelchairs, however, in our current transport infrastructure those devices will probably need to be placed in wheelchair spaces of which there are already more demand for than provision.