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  Msg # 12542 of 12811 on ZZUK4448, Friday 8-07-25, 6:39  
  From: MARK GOODGE  
  To: JETHRO_UK@HOTMAILBIN.COM  
  Subj: Re: Are powered wheelchairs road legal  
 From: usenet@listmail.good-stuff.co.uk 
  
 On Thu, 7 Aug 2025 16:28:42 -0000 (UTC), Jethro_uk 
  wrote: 
  
 >I wonder what the situation would be if a pedestrian (old style, on 
 >foot :) ) were to walk in the road blocking traffic, when there is a 
 >perfectly serviceable pavement for them ? 
 > 
 >The legal situation. The reality would eventually be some sort of 
 >encounter with Darwin. 
  
 The legal situation is that they are acting perfectly lawfully (unless it's 
 a motorway or other special road). Unlike some less developed countries, the 
 UK treats pedestrians as the most important users of the highway, not the 
 least, and places very little restriction on which parts of the highway they 
 may lawfully use. 
  
 Powered wheelchairs, however, are not pedestrians. They are motor vehicles, 
 and must therefore comply with the relevant legislation in order to be able 
 to use the carriageway. 
  
 To generalise that, a public highway typically comprises one, two or three 
 components: a carriageway, a cycleway and a footway. The carriageway may be 
 further subdivided into lanes set aside for different classes of vehicles 
 (eg, buses), and a highway often also has a verge, which is not intended for 
 travel but is nonetheless the responsibility of the highway authority. But 
 disregarding bus lanes and the like, and ignoring the verge, usage rights 
 are hierarchical: 
  
   * Pedestrians may use any part of the highway. 
  
   * Pedal bicycles may use the cycleway and the carriageway, but not the 
     footway unless the footway is explicitly designated as shared use. 
  
   * Motor vehicles may only use the carriageway, and not the footway or 
     cycleway unless explicitly permitted to do so. 
  
 There are a number of exemptions to the third rule restricting motor 
 vehicles to the carriageway. One is that class 2 or class 3 invalid 
 carriages (aka mobility scooters and powered wheelchairs) are permitted to 
 use the footway and cycleway. Another is that self-propelled street cleaning 
 vehicles are permitted to use the footway and cycleway, but only as is 
 necessary for the purpose of cleaning them. And a third is that 
 self-propelled (ie, ride-on) lawnmowers are permitted to use the footway or 
 cycleway where necessary to facilitate access to the verge. 
  
 There are also some explicit exemptions to the definition of "motor 
 vehicle". A mechanically propelled vehicle controlled by a pedestrian (eg, a 
 powered hand-cart) is not a motor vehcile, in law it is the same as an 
 unpowered hand-cart. And an electrically assisted pedal cycle which meets 
 certain criteria is legally a pedal cycle despite being capable of 
 self-propulsion. 
  
 These two different types of exemption are a common source of confusion. An 
 electric bicycle can use a cycleway because, in law, it's not a motor 
 vehicle (but it still can't use the footway). But a mobility scooter or 
 powered wheelchair is a motor vehicle, but nonetheless has a specific 
 exemption permitting it to use a footway or carriageway. 
  
 What this also means is that, in order to legally use the carriageway, 
 mobility scooters and powered wheelchairs must meet the Construction and Use 
 Regulations and be registered with DVLA, because they are motor vehicles. 
 Those that do not meet the regulations, despite being motor vehicles, are 
 restricted to the footway and cycleway and may not use the carriageway. But 
 electric bicycles are not subject to C&U and don't need to be registered, 
 because they are not motor vehicles. 
  
 Mark 
  
 --- SoupGate-Win32 v1.05 
  * Origin: you cannot sedate... all the things you hate (1:229/2) 

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