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Freedom of information request reference no: 01.FOI.21.021095
I note you seek access to the following information:
In your official details regarding retrieving seized vehicles it is pretty explicit that you cannot retrieve a motor vehicle without valid insurance, even if you do not intend to drive the vehicle.
The only way to retrieve an uninsurable vehicle (damaged/offroad) would be via an officially licensed and appropriately insured recovery business. Why therefore are e-scooters being released back to owners without insurance (which as we know is unobtainable)?
I agree with it, it's great and welcomed leniency, I was just wondering if there was an official stance on acting on the spirit of the RTA rather than to the letter of it (which technically prohibits release).
I have today decided to disclose the located information to you in full.
Please find below information pursuant to your request above.
The MPS policy in respect of the release of e-Scooters following seizure under S.165A of The Road Traffic Act 1988 (RTA 1988) is based on two particular factors:
1. Non-standard or unregistered motor vehicles.
Infrequently police seize types of motor vehicles that are not possible to register, tax, MOT or insure. Examples of these include off road bikes (scramblers), certain types of quad-bikes, but also similar devices to e-Scooters, such as Go-Peds, Segways, Airwheels and Hoverboards.
Given the restrictions associated with the registration and use of these types of vehicles the MPS does exercise its discretion and waive some of the release conditions as set out in the Road Traffic Act 1988 (Retention and Disposal of Seized Motor Vehicles) Regulations 2005 (The Regulations) to afford the owner or registered keeper the ability to reclaim the vehicle. In principle e-Scooters fall into this category, although their prevalence is entirely uncharacteristic of the other vehicles mentioned in his group.
2. In addition to the above the MPS has taken an escalating approach to the enforcement of the illegal use of e-Scooters over the past few years.
In 2019 the MPS launched Operation Hornet which was an educational piece where we sought to educate the public about the legality, public safety and consequences of the continued illegal use of e-Scooters in a public place. Whilst there was some enforcement associated with this activity, this was secondary to the principle aim of educating the public.
Since then we have escalated our response to overt enforcement. This coincided with the roll out of the London e-Scooter vehicle trials, the increase in the illegal use of privately owned e-Scooters and the unfortunate increase in the number of e-Scooter related fatalities and serious injuries reported nationally.
If illegal e-Scooter use continues to increase, demonstrating that our education and enforcement action have not been effective in deterring people from riding their e-Scooters on roads, pavement or other public places, we reserve the right to reconsider our approach in affording any discretion to the release conditions and instead strictly enforce the requirements of The Regulations.