A Class 3 mobility scooter is the only kind that may legally be driven on the road, and the law attaches a specific equipment list to it. Those requirements are set out in the Use of Invalid Carriages on Highways Regulations 1988, which apply in England, Wales and Scotland. Northern Ireland has its own, closely similar, regulations, covered separately below.
Weight, braking and vision: rules for Class 2 and Class 3
The 1988 Regulations define a Class 2 scooter as one incapable of exceeding 4 mph on the level, and a Class 3 scooter as one capable of exceeding 4 mph but incapable of exceeding 8 mph on the level (legislation.gov.uk, The Use of Invalid Carriages on Highways Regulations 1988). Both classes share several construction rules:
- Unladen weight: no more than 113.4 kg for Class 2 and 150 kg for Class 3, counting the batteries but not the rider or any load.
- Stopping: the scooter must be able to stop with reasonable directional stability and within a reasonable distance, and must be capable of being held stationary on a gradient of at least 1 in 5 when unattended, without relying on a hydraulic or pneumatic device or on the flow of electric current.
- Vision: the rider must have a full view of the road and traffic ahead, and any windscreen must be safety glass or safety glazing.
- Lighting: on the carriageway of a road, the scooter must comply with the road vehicle lighting rules as if it were a motor vehicle.
The extra requirements for Class 3
Class 3 scooters carry a longer list. Under the same Regulations, a Class 3 scooter must be fitted with:
- a device, operable by the rider, that limits its maximum speed to 4 mph, together with a speed indicator that shows whether that device is switched on;
- a horn, which may not be a reversing alarm or a two-tone horn, and which must sound continuous, uniform and not strident;
- a rear view mirror, fitted inside or outside, made so that it does not fly into fragments likely to cause severe cuts if broken.
The overall width of a Class 3 scooter must not exceed 0.85 metres. GOV.UK guidance adds that a vehicle is “not in a class” if it can go faster than 8 mph, is wider than 0.85 metres or weighs more than 150 kg (200 kg where equipment such as medical equipment is attached), and that such a vehicle can be used only on the road, with a driving licence and DVLA registration (GOV.UK, “Classes of mobility scooter and powered wheelchair”).
What GOV.UK lists for road use
GOV.UK’s guidance for driving on the road lists what a Class 3 scooter must have: an efficient braking system, a clear view of the road, front and rear lights and reflectors, direction indicators that can be used as a hazard warning signal, a rear view mirror and an audible horn. It says the police could stop a rider whose scooter lacks these features (GOV.UK, “Driving on the road”). The same page says a Class 3 scooter must be registered with DVLA.
Who may use the scooter, and how
The Regulations attach conditions to use. The scooter must be used by a person for whose use it was constructed or adapted, being a person with a physical defect or disability. Other people may use it only in narrow circumstances: taking it to or from maintenance or repair, a manufacturer testing or demonstrating it, a seller demonstrating it, or someone giving practical training in its use.
Class 3 scooters carry further conditions. The rider must not be under 14. On a footway the scooter must not be driven faster than 4 mph, and the 4 mph device must be operating. The speed indicator must be operating at all times.
The horn also has limits. It must not be sounded while the scooter is stationary on a road, except at times of danger from another moving vehicle, nor while in motion on a restricted road between 23:30 and 07:00.
Where the Highway Code fits in
The Highway Code repeats the point that road users on these vehicles must follow the same rules on lights, indicators and horns as other road vehicles, where the vehicle is fitted with them, and that lights must be used at night. Rule 46 says the vehicles must not be used on motorways, and must have a flashing amber beacon if used on an unrestricted dual carriageway with a speed limit above 50 mph (GOV.UK, The Highway Code, rules 36 to 46).
Northern Ireland has its own regulations
In Northern Ireland the equivalent rules are the Motor Vehicles (Invalid Carriages) Regulations (Northern Ireland) 1999. They follow the same pattern: 150 kg unladen weight and a 0.85 metre width limit for Class 3, a 4 mph limiter with speed indicator, a horn and a rear view mirror, and a minimum rider age of 14 for Class 3 (legislation.gov.uk, Motor Vehicles (Invalid Carriages) Regulations (Northern Ireland) 1999). One difference is that the 113.4 kg unladen weight limit in the Northern Ireland version is stated for Class 2 only, while the 1988 Regulations also apply it to manual Class 1 carriages.
Checking a scooter before buying
Because the specification is fixed in law, a few checks can be made in the showroom or on a second-hand purchase: a working 4 mph switch and speed indicator, a fitted horn and mirror, lights and indicators that work, and a width at or under 0.85 metres. A scooter sold as Class 3 that lacks any of these items does not meet the Regulations.
The bottom line
In England, Wales and Scotland, the 1988 Regulations require every Class 3 scooter to weigh no more than 150 kg unladen, be no wider than 0.85 metres, and carry a 4 mph pavement limiter with speed indicator, a horn and a rear view mirror, plus lights that meet road vehicle rules. Riders must be at least 14 and use the scooter only as the Regulations allow. Northern Ireland has near-identical rules under separate 1999 Regulations.
Sources
- legislation.gov.uk, The Use of Invalid Carriages on Highways Regulations 1988
- GOV.UK, “Driving on the road”
- GOV.UK, “Classes of mobility scooter and powered wheelchair”
- GOV.UK, The Highway Code, rules 36 to 46
- legislation.gov.uk, Motor Vehicles (Invalid Carriages) Regulations (Northern Ireland) 1999