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1            Mobility aid categories and legal status: Our understanding

1. Mobility aids[i] which assist walking are not regulated under UK highways or “invalid carriage” laws: anyone can use devices like sticks, crutches, rollators and canes.
2. Mobility aids which replace walking are mostly regulated as “invalid carriages”[ii]. “Invalid carriages” may only be used by Disabled people. They must be constructed or adapted specifically to carry one Disabled person. There are three classes of “invalid carriage”[iii], all of which may be used in public spaces including pavements and pedestrian spaces as well as on roads:
   1. Class 1: Unpowered – generally manual wheelchairs.
   2. Class 2: Powered, max speed 4mph, max unladen weight 113.4kg.
3. Class 3: Powered, max speed 8mph. Must have a 4mph restrictor, rear view mirrors, horn, lights, indicators, max weight unladen weight 150kg (200kg with essential equipment). Minimum age for use is 14. May be used on pavements, carriageways and cycle tracks but not cycle or bus lanes.
4. “Not in class” mobility aids: Powered aids which do not meet the “invalid carriages” regulations are legally motor vehicles. They can never legally be used on pavements or pedestrian spaces, and can only legally be used on roads with an MOT, insurance, licence plate and provided the user has an appropriate driving licence. Many power attachments for manual wheelchairs, heavier powerchairs used by children[iv], imported mobility scooters, e-scooters and other micromobility devices including innovative aids are presently “not in class” motor vehicles, despite being safety certified, lightweight, low-speed and providing essential mobility to many.
5. Cycles and e-cycles (EAPCs) used as mobility aids are regulated for highway use and product safety as cycles[v]. They cannot meet “invalid carriage” requirements. EAPC minimum age for use is 14. Cycles and EAPCs cannot legally be used on pavements or in pedestrian spaces[vi].
6. Product safety regulations: Most mobility aids, including most “not in class” powered aids, are registered and regulated for product safety purposes as Class 1 Medical Devices by the MHRA. Most are UKCA or CE marked. Class 1 medical device certification is different from the class 1 “invalid carriage” category and does not make products legal for use on highways.

2            Consequences of current mobility aid regulations: The need for change

At present, Disabled people using cycles and “not-in-class” devices as mobility aids are at risk of having our safe and essential aids confiscated, of being refused entry to public transport and venues including healthcare, education, workplaces and accommodation, and even of prosecution, particularly should any collisions or other incidents occur[vii].

Disabled children who need to use e-assist on cycles or need aids above the weight limit for class 2 “invalid carriages” are being prevented from joining activities and socialising with their peers[viii]. We are aware of Disabled people who are unable to use suitable aids to make essential journeys due to the lack of legal permissions and protections for people using these aids (see case studies below).

At the same time, the unrivalled function provided by “not in class” aids and confusion about their legal status means organisations such as Motability Scotland[ix] and Whizz Kidz[x] are supplying these aids. Many Disabled people are buying them privately. Risk of adverse consequences is increasing rapidly.

Simultaneous restrictions on use and storage of product safety certified Li-ion battery powered devices by insurers, employers, housing and transport providers are further harming Disabled people’s mobility[xi].

We understand that the DfT is working on legal changes that would resolve many, but not all, of these issues. Our My Cycle, My Mobility Aid campaign[xii] includes more details on our requests for changes.

3            Case studies

1. Disabled wheelchair user has wheelchair confiscated and threatened with prosecution after falling over while using power attachment: IV, a manual wheelchair user using a clip-on power attachment with a 15mph top speed was travelling at walking speed to a bus stop when they tipped over on a dropped kerb crossing, hitting their head on the floor and knocking themself out. Police confiscated both the manual wheelchair and the power attachment, despite the wheelchair being an essential and legal class 1 “invalid carriage”. The police retained the wheelchair for 18 days, causing serious and ongoing health consequences for IV. As of 20/06/2025, the power attachment remains impounded, restricting IV from making essential journeys including to health appointments. The Metropolitan Police Traffic Criminal Justice Unit (Collision Investigation and Prosecutions Team) are investigating the “incident”, causing IV serious ongoing stress in addition to his loss of independent mobility. See also a news report on this ongoing situation.
2. Disabled child prevented from cycling to school with friends: TM is an 11-year-old Disabled child who enjoys cycling. They want to cycle to secondary school with friends when they start year 7 in September. TM needs e-assist to cycle the distance required without harming their health – but e-assist is not permitted for under-14s, meaning TM cannot legally cycle to school: Disabled children who need e-power or e-assistance cannot legally have devices that go above 4mph. TM will be travelling alone in taxis to school, isolated from their peers and prevented from gaining exercise and independence by current discriminatory mobility aid and e-cycle regulations.
3. Wheelchair user prevented from making essential journeys with e-assist handcycle: ID is a manual wheelchair user living in a hilly UK city. They need e-assist with higher power than the legal EAPC maximum of 250W to get up hills. This means their clip-on e-assist pedal handcycle is technically illegal to use in public spaces, despite it having the same speed cut-out as any other EAPC. They told us that knowing their device falls outside the law is preventing them from making independent active journeys: “My clip-on handbike is limited to 15.5mph, with the thumb throttle set to 10mph rather than topping at 4mph right now due to a shoulder injury. [Fear of confiscation or prosecution is] affecting my independence and intra-city mobility. I’m back needing patient transport for medical appointments, in part for this, and part the crackdown on ebikes.”
4. Wheelchair user restricted from using e-powered aids at workplace: KY is a Disabled person with a progressive condition who uses e-cycles and e-powered devices as essential mobility aids. KY has had two expensive e-cycles stolen due to having to leave them outside their workplace. Workplace insurer concerns about fire risk of lithium batteries required KY to spend many hours arguing to be allowed to bring their MHRA-regulated, CE-certified fully powered mobility devices into the workplace: they are unable to do their job without using powered mobility aids.
5. Disabled person prevented from accessing library using bicycle as mobility aid: Lack of legal status as mobility aids for Disabled people’s cycles enabled library managers to institute a blanket ban on bringing cycles into a public library. This prevented NI from using the library, although mobility scooters of comparable size were still permitted inside through the ramped Disabled entrance. Public cycle stands outside were inaccessible to NI as they could not walk the distance from the stands into the library. NI was also voluntarily running community groups in the library, which they could not manage following the cycle ban. Following Wheels for Wellbeing interventions over a number of months, the library management made the reasonable adjustment[xiii] of permitting Disabled people’s cycles to be brought inside the library.
6. Disabled child unable to legally get a suitable powerchair: Wheelchair Alliance has reported on A, aged 8, who needs a powerchair over the “class 2” weight limit and with “off-road” functions suitable for moving on typical outdoor natural surfaces. The functions A needs are only available for “class 3” chairs, which he won’t legally be able to use until he turns 14 – preventing A and other children like them from having any legal options for independent mobility, and also preventing children able to use class 2 devices from accessing natural spaces for play and learning with peers.

4            References

[i] For more detail on all mobility aid categories, see Wheels for Wellbeing Guide to Mobility Aids https://wheelsforwellbeing.org.uk/wheels-for-wellbeing-guide-to-mobility-aids-2/

[ii] Chronically Sick and Disabled Persons Act (1970) s20: https://www.legislation.gov.uk/ukpga/1970/44/section/20
The Use of Invalid Carriages on Highways Regulations (1988) https://www.legislation.gov.uk/uksi/1988/2268

[iii] Government guide to use of mobility scooters and powered wheelchairs: https://www.gov.uk/mobility-scooters-and-powered-wheelchairs-rules/classes

[iv] Wheelchair Alliance are raising the issue of children who need class 3 weight and off-road capability for their powerchairs, such as Alfie: https://www.wheelchair-alliance.co.uk/blog/150kg-/-not-in-a-class-campaign-alfies-story-age-8

[v] Legislation relevant to cycles and EAPCs includes:
Road Traffic Act (1988) including s24, 28-32: https://www.legislation.gov.uk/ukpga/1988/52/contents
The Pedal Bicycles (Safety) Regulations 2010: https://www.legislation.gov.uk/uksi/2010/198/introduction/made
The Electrically Assisted Pedal Cycles (Amendment) Regulations 2015 https://www.legislation.gov.uk/uksi/2015/24/contents/made
Detail on EAPC regulations: https://www.gov.uk/government/publications/electrically-assisted-pedal-cycles-eapcs/electrically-assisted-pedal-cycles-eapcs-in-great-britain-information-sheet

[vi] The Boateng guidance on pavement cycling recommends police discretion towards people cycling considerately on footways where the cyclist believes the carriageway is unsafe to use: https://www.cyclinguk.org/news/goodwill-reiterates-footway-cycling-guidance

[vii] The Metropolitan Police are presently (19/06/2025) investigating Mr. Vidal’s use of his power attachment, which functions comparably to a legal e-cycle or legal trial scheme e-scooter: https://www.salamandernews.org/police-impound-disabled-mans-wheelchair-3-weeks/

[viii] See case studies and https://www.wheelchair-alliance.co.uk/blog/150kg-/-not-in-a-class-campaign-alfies-story-age-8

[ix] https://news.motability.co.uk/scheme-news/manual-wheelchairs-with-power-add-ons-now-available-in-scotland/?_ga=2.34318113.1847016867.1747907578-1480940161.1747907578

[x] https://www.whizz-kidz.org.uk/wheelchairs-and-equipment/add-on-power/

[xi] We are aware of Disabled individuals being prevented from storing e-cycles in designated cycle stores, being prevented from bringing powered devices into workplaces and being prevented from accessing public transport: https://wheelsforwellbeing.org.uk/appgcw-e-bike-safety-inquiry-call-for-evidence-wfw-response/
The TfL non-folding e-bike ban is a de facto ban on Disabled people using cycles on public transport: https://wheelsforwellbeing.org.uk/tfl-non-folding-e-bike-ban-on-public-transport-wfw-position-statement/

[xii] My Cycle My Mobility Aid legislative asks: https://wheelsforwellbeing.org.uk/my-cycle-my-mobility-aid-draft-proposed-legislative-changes-to-improve-mobility-equality-for-disabled-people/
My Cycle My Mobility Aid FAQs: https://wheelsforwellbeing.org.uk/my-cycle-my-mobility-aid-legislative-changes-asks-frequently-asked-questions/

[xiii] Wheels for Wellbeing Quick Guide to the Equality Act (2010): https://wheelsforwellbeing.org.uk/wheels-for-wellbeing-quick-guide-to-the-equality-act-2010/