THE ROYAL SOCIETY FOR THE PREVENTION OF ACCIDENTS RoSPA RESPONSE TO THE TTR/DFT CONSULTATION

THE ROYAL SOCIETY FOR THE PREVENTION OF ACCIDENTS RoSPA RESPONSE TO THE TTR/DFT CONSULTATION ON REVIEW OF CLASS 2 AND CLASS 3 POWERED WHEELCHAIRS and POWERED SCOOTERS 14 JANUARY 2005

Transport and Travel Research and Department for Transport Class 2 and Class 3 Powered Wheelchairs and Powered Scooters (Invalid Carriages) This is the response of the Royal Society for the Prevention of Accidents (RoSPA) to the Transport and Travel Research and Department for Transport (Invalid Carriages. GENERAL COMMENTS RoSPA welcomes the consultation. It is extremely important that people who use wheelchairs are given the training they need to use them safely. It is also important they are properly assessed so they purchase the chair most suitable for their individual disability and requirements for use. SPECIFIC COMMENTS Question 1 The basis of legislation affecting Class 2 and Class 3 powered wheelchairs and powered scooters is the Chronically Sick and Disabled Persons Act 1970. The original design intention of these vehicles was to provide improved independent mobility to a user with restricted personal mobility. The design, construction, quality, usage information, maintenance, post market surveillance etc of powered wheelchairs and powered scooters are covered by the Medical Device Regulations, which in the UK are enforced by the Medicines and Healthcare products Regulatory Agency (MHRA). The Use of Invalid Carriages on Highways Regulations 1988 provide further requirements. The law states that a powered wheelchair or scooter must only be used by a single occupant suffering from some physical defect or physical disability, except for the purpose of training, demonstration, or maintenance of the vehicle. An individual can use a powered wheelchair or scooter on the road without having a driving licence. The only other requirement for driving a Class 3 powered wheelchair or scooter is that the user should be over the age of 14. There are currently no minimum fitness standards such as eyesight standards. What are your views on current regulations, which define who is permitted to use a powered wheelchair or powered scooter? The law states that a powered wheelchair or scooter must only be used by a single occupant suffering from some physical defect or physical disability, except for the purpose of training, demonstration, or maintenance of the vehicle. A driving licence is not required but for a Class 3 powered wheelchair or scooter the user should be over the age of 14. There are currently no minimum fitness standards such as eyesight standards. RoSPA considers that the current regulations would benefit from amendment. 1

Question 2: If so, what changes do you think should be made and why? RoSPA would like to see the introduction of minimum fitness standards in areas such as eyesight. Professional assessment of suitability to ensure that a user gets the chair best suited to their needs and the provision of training for users. The present regulations do little to ensure the safety of users. Making these changes would help to address this issue Question 3 Do you think that changes should be made to the law regarding fitness of the user to use a powered wheelchair or scooter on the road? RoSPA believes that changes should be made to the law to ensure that users are fit to use a powered wheelchair or scooter on the road. Use of the road can be dangerous and users need to have the physical ability to deal with that danger both for their own benefit and for the safety of other road users. At present people or their families may be buying a chair to increase mobility but the recipient has not been assessed on which chair is most suitable for their needs. RoSPA get many calls from people looking for training in the use of their chair but no training is available apart from the training provided by some chair suppliers. RoSPA would like to see minimum standards for eyesight and other health issues and the provision of standardised training for users to ensure that the increased mobility provided by the chair is not decreasing their safety. Question 4 Do you think that changes should be made to the law regarding fitness of the user to use a powered wheelchair or scooter elsewhere? RoSPA feels that in high use areas such as high street pavements and shopping centres there should be changes to the law regarding fitness. Question 5 If so, what changes do you think should be made and why? RoSPA feels the changes should ensure that chair users meet a minimum eyesight standard using an eye correction device if worn and have been assessed to have the physical capacity to use the particular wheelchair or scooter which best meets their needs. This is to ensure the safety of the wheelchair user and those around them. 2

Question 6 Do you think that minimum eyesight standards should be imposed? RoSPA supports the introduction of a minimum eyesight standard using an eye correction device if worn. Question 7 Class 2 and Class 3 powered wheelchairs and scooters are not Classified as motor vehicles for the purpose of some regulations. As such there are certain parts of the various Road Traffic Acts which do not apply to powered wheelchair and scooter users, such as sections on dangerous driving; driving whilst under the influence of drugs or alcohol, and the use of mobile telephones whilst driving. What are your views on the exemption, from these requirements, of users of powered wheelchairs and scooters on the road? RoSPA feels that wheel chair users should not be exempt from these parts of the Road Traffic Acts. These laws are in place to protect road users and wheelchair users deserve the same protection. They need to be aware that dangerous driving; driving whilst under the influence of drugs or alcohol, and the use of mobile telephones whilst driving are dangerous activities. Question 8 Do you think there should be any change to the law, or introduction of new regulations, in this respect? RoSPA feels that the law should be amended to cover wheelchair users. They are at greater risk if they are using their chair on the road than other road users so laws and regulations should be in place to give them the maximum protection. Question 9 If so, what new regulations do you think should be made and why? RoSPA feels that the present legislation should be amended to cover wheelchair users to provide them with protection when they use their chairs on the road. Question 10 How could any changes to regulations and/or the law be enforced, and by whom? RoSPA would hope that changes to the regulations in term of traffic safety would be enforced in the same way as other road safety legislation by the police. 3

Question 11 Class 2 and 3 powered wheelchairs and scooters are exempt from excise duty, but technically Class 3 vehicles should display a valid exempt from taxation vehicle excise certificate, although it is recognised that this is not widely known. Class 2 and 3 vehicles should also be registered with the DVLA (although there is no requirement to display a registration plate). Again this is not widely known. What are your views on this? RoSPA feels that it is correct that wheelchairs are registered with DVLA and that they are exempt from excise duty. Question 12 Should the law be changed to remove the requirement that Class 2 and 3 vehicles should be registered and taxed? If so, why? RoSPA does not feel that the law on registration should be changed since registration makes it easier to trace stolen vehicles and prove ownership if they are traced. They should remain exempt from Excise duty. Question 13 Class 2 and Class 3 wheelchairs and scooters are prohibited from using motorways, bus lanes and cycle lanes; however, they are allowed to be used on a dual carriageway, provided they display a flashing amber beacon. What are your views on this? RoSPA feels that because of their very slow speeds, it is correct that Class 2 and Class 3 wheelchairs and scooters are prohibited from using motorways. However those slow speeds would make the use of cycle or bus lanes safer for them than use of the main carriageway. There may be problems with the use of cycle lanes because of their width but consideration should be given to allowing their use. Consideration should also be given to allowing Class 2 and Class 3 wheelchairs and scooters to use bus lanes. The use of the flashing amber light on dual carriageways indicates to other road users that they are approaching a slow moving vehicle. RoSPA feels that this is a sensible safety precaution. Question 14 Do you think that there should be any change to the law? Yes 4

Question 15 If so, what changes do you think should be made and why? As stated earlier RoSPA feels that there is an argument for allowing wheelchairs to use bus lanes and cycle lanes where they are suitable. Question 16 Whilst Class 3 vehicles, capable of 8mph, require lights, directional indicators, a horn, a rear-view mirror and rear reflectors before they can be used on the road, a Class 2 vehicle, with a maximum speed of 4mph, requires only a horn to be fitted in order for it to be permitted on the roads in daylight hours (and lights if it is used after dusk or before dawn on the road). What are your views on Class 2 and Class 3 vehicles being allowed to be used on the road? RoSPA feels that Class 2 and Class 3 vehicles should be allowed to use the road. For many users in rural areas they do not have the option of using the pavement since the roads do not have a pavement. Question 17 Do you think that there should be any change to the law? Yes. Question 18 If so, what changes do you think should be made and why? RoSPA would prefer to see all Class 2 and Class 3 vehicles, to be used on the road, fitted with lights, directional indicators, a horn, a rear-view mirror and rear reflectors. Their use means that wheel chair users are safer on the road. Question 19 Other than restricting maximum speed of Class 2 vehicles to 4mph, there are no limitations governing the use of powered wheelchairs and scooters in pedestrian environments. Do you think that changes to regulations, or the law, are required concerning the use of powered wheelchairs and scooters in pedestrian environments? Yes. 5

Question 20 If so, what changes do you think should be made and why?? RoSPA feels that there should be regulations requiring wheelchair users to undertake training before using their chair in a pedestrian environment. We have had complaints from elderly pedestrians who have felt that their safety was compromised by some wheelchair users lack of skill and consideration. The provision of formalised training and proper assessment so that users got the correct chair would help address this issue. Question 21 How might any such changes be enforced? RoSPA feels that a user should not be able to purchase a chair until they have had a proper assessment and training. Question 22 Unlike for driving a car, there is no requirement for an assessment of an individual s ability and fitness to operate a powered wheelchair or scooter. The decision about a purchaser s fitness to drive is often the responsibility of a salesperson. There are no standards for those involved in the sale of these vehicles, and, whilst some firms belong to the British Healthcare Trades Association, this is not compulsory. What do you think of this situation? As stated earlier RoSPA feels that a user should not be able to purchase a chair until they have had a proper assessment and training. The suitability of a chair for a particular customer should not rest with an untrained sales person. Some of the individuals involved in supplying wheelchairs are extremely competent others are not. It can be very difficult for a new purchaser to recognise the difference. Staff supplying wheelchairs should undergo training and be able to demonstrate their competence in assessing a customers needs. Question 23 Should individuals requiring the use of a powered wheelchair or scooter undergo an assessment of their ability to operate such a vehicle? Yes. 6

Question 24 If so, who should be responsible for administering this assessment? RoSPA feels that new organisation should be set up which can call on the expertise of other organisations in areas such as wheelchairs and road safety. Demographics are changing to give Britain an older population many of whom suffer from conditions that require or will require wheelchair use. Advances in medical care mean that more accident victims and sufferers of diseases that used to be fatal are surviving and going on to live fulfilling lives that rely on their use of a wheelchair. This needs to be recognised and measures put in place to ensure the safety of these wheelchair users. Question 25 If so, who should be responsible for setting the required standards? A panel of experts should be set up to create the standards and oversee the setting up of a body to administer it. Question 26 Should firms be members of a recognised trades body? Yes. Question 27 There is no requirement that training should be provided or taken before using a powered wheelchair or scooter for the first time. Some organisations, such as Shopmobility, provide training to satisfy them selves that the user is in control of the machine before being allowed to use the vehicle unsupervised for the first time. What are your thoughts on the provision of training for all wheelchair and scooter users? RoSPA feels very strongly that wheelchair users should be properly trained in their own chair. Question 28 What kind of information should be available to prospective purchasers before buying a powered wheelchair or scooter? RoSPA thinks there should be a proper professional assessment of their needs so that they can purchase the chair that is best suited to meet those needs. 7

Question 29 What other steps should be taken to ensure that individuals needs are met? RoSPA feels that to ensure the wheelchair users safety, they should be assessed and then trained on their new chair before they are allowed to use it in an environment with other road users. Question 30 The Use of Invalid Carriages on Highways Regulations 1970 and 1988 define three Classes of vehicle: Class 1 describes a manually propelled device; Class 2 describes a powered carriage capable of a top speed of no more than 4 mph; Class 3 describes a powered vehicle capable of travelling at no more than 8 mph. Although Class 2 vehicles are not generally designed for the road, there are no regulations prohibiting this. Class 3 vehicles are designed for use on the highway, complying with requirements for lights, directional indicators, a horn, rear-view mirror, rear reflectors, and an amber flashing beacon for use on dual carriageways. When used on the pavement, Class 3 vehicles are prohibited from exceeding 4 mph. What are your views on the definition of these three classes of powered vehicles, and on the speed regulations that apply to them? RoSPA considers the definitions sensible. If a class two vehicle is to be used on the road then they should also be required to be fitted with lights etc. However if a wheelchair users needs are assessed properly it would be recognised that they need a chair, which they can use on the road so they should purchase a class 3 chair rather than class 2. Question 31 Do you think any changes need to be made? No. Question 32 If so, what changes do you think should be made and why? Not applicable. Question 33 What are your views on the visibility of these vehicles when used on the road? RoSPA feels that because of their slow speeds these vehicles should be as visible as possible and any chair or scooter in use on the road should be fitted with suitable lights and reflectors. 8

Question 34 Do you think there is a need for legal distinction between what is a powered wheelchair and what is a powered scooter, if so why? RoSPA does not have the technical expertise to comment. Question 35 The manufacture of powered wheelchairs and scooters is governed by regulations which regulate speed, weight, stability, etc. It is these standards that dictate whether a vehicle is defined as a Class 2 or Class 3 vehicle. Currently, most Class 2 and Class 3 powered wheelchairs and scooters are electrically powered by batteries, but there are some products in development that use a petrol engine or combination of electric and petrol engines. What do you think about this power issue? RoSPA has concerns about the safety of petrol engines with disabled users. There are risks with a chair that it could tip. Petrol tanks need to have a venting facility, which could leak petrol if the chair is no longer upright. There is also an issue with the safe use and payment at petrol pumps by a wheelchair user if they have no mobility apart from their chair. Question 36 What do you think of the idea of a hybrid electric / petrol-driven vehicle? RoSPA has concerns about the use of petrol in a tank, which needs to be vented. Question 37 What restrictions on the use of such a vehicle, if any, should be imposed? RoSPA has concerns about the safety of users of petrol wheel chairs because of the chance of them tipping when using kerbs etc. We would also have concerns about their use in a pedestrian environment such as shopping centres. Question 38 Other regulations define standards for weight, noise output, stability etc of powered wheelchairs and scooters. Some people have said that vehicles are underpowered for rougher environments - such as byeways. What are your thoughts on the design of Class 2 and Class 3 powered wheelchairs and scooters? RoSPA does not have the technical expertise to comment. 9

Question 39 Do you think there should be any changes made which might benefit powered wheelchair and scooter users, or pedestrians, or other road users? RoSPA feels that greater stability of chairs would help a lot of users. Question 40 If so, what changes do you think should be made and why? Please see previous answer. Question 41 Should there be a new class of vehicle for roads that are technically highways but are really "off road"? RoSPA feels that there should be chairs available to meet the needs of all users. If there are wheelchair users who use chairs off road then there should be chairs available which meet this need. Question 42 At present there is a grey area between invalid carriages and powered two-wheeled scooters designed for recreational use. Previously these have been classified as motor vehicles by the courts and as such unless they comply with European Standards they cannot be used on the roads, pavements, or in other places where members of the public have access. If they do comply with the standards, they are technically a moped and the usual requirements apply; crash helmet, insurance, driving licence etc Such a vehicle could qualify as an invalid carriage. What do you think about this? RoSPA has serious concerns about the powered two-wheeled scooters designed for recreational use, which you describe. We feel strongly that such vehicles should be classed as mopeds, and subject to the relevant road traffic legislation, rather than as an invalid carriage. Question 43 Do you think that the law should make a clearer distinction between the two groups, if so why? RoSPA feels that the law should make a clearer distinction between the two groups. Clarity in the law is always of benefit to the public and these recreational scooters have resulted in injuries to their riders and others. 10

Question 44 The law also states that powered wheelchairs and scooters are for use by a single occupant only. What do you think about this? This legislation can make it very difficult for disabled parents to meet their responsibilities if they have small children. RoSPA would like see the development of a chair that could safely carry a small child in the same way that parents who are cyclists can purchase a seat which allows them to carry a child safely on their cycle. Question 45 What about the circumstances where a parent who uses an invalid carriage might need to use their vehicle to accompany a young child? Please see previous answer. Question 46 Should use by more than one person just be restricted to these circumstances? RoSPA feels that it should. Where more people are involved or another adult then the needs of the disabled person would be better served by using a car adapted to cope with their disability. Question 47 If not, under what other circumstances might the use of a vehicle by more than one person be permitted? RoSPA cannot envisage circumstances where the use of a vehicle by more than one person should be permitted. Where a wheelchair using parent has two or more small children to take to school then a properly adapted car is a better choice than overloading a wheelchair. Question 48 Currently, there is no requirement for users of Class 2 and Class 3 powered wheelchairs / scooters to have insurance when driving on the road. Insurance is offered by a number of companies and costs roughly 50-140 per year for third party, fire and theft cover. Do you think that some level of insurance requirement should be compulsory for road use? Yes. 11

Question 49 If so, what level of insurance and how might such a requirement be enforced? RoSPA feels that the minimum insurance should be third party. This can be enforced using the new proposals for the continuous enforcement of motor insurance requirements provided that the wheel chairs are registered with DVLA. An issue covered earlier. Question 50 Should such insurance cover be financed by the user alone? No. Question 51 If not, then who should provide a proportion of the cost of insurance? Where a user is reliant on their wheelchair RoSPA feels that the cost of insurance should be covered by their disability benefit. Question 52 What do you think would be the impact of making insurance compulsory, on powered wheelchair and scooter users, and on other road users? RoSPA thinks that this will give a wheelchair user the confidence that if they are in a collision with a pedestrian that the costs to the pedestrian will be covered by insurance. The wheelchair user will not face the prospect of being sued for the recovery of costs and damages. Other road users would be covered by insurance if they are injured by a wheelchair. Question 53 Powered wheelchair / scooter users using their vehicle in pedestrian environments do not require insurance. Do you think that some level of insurance requirement should be compulsory for use on pavements and in other pedestrian environments? Yes. Question 54 If so, what level of insurance and how might such a requirement be enforced? RoSPA feels that there should be a minimum of third party insurance. If the wheelchair is registered with DVLA then it can be enforced using the proposed continuous enforcement of motor insurance requirements. 12

Question 55 Should such insurance cover be financed by the user alone? No. Question 56 If not, then who should provide a proportion of the cost of insurance? Where a user is reliant on their wheelchair RoSPA feels that the cost of insurance should be covered by their disability benefit. Question 57 What do you think would be the impact of making insurance compulsory: on powered wheelchair and scooter users, on other people, on the mobility equipment industry in the UK, and on the insurance companies which offer such insurance? RoSPA feels that it would be beneficial to all. The Society thanks Transport and Travel Research and the Department for Transport, for the opportunity to comment on these proposals. We have no objections to our response being reproduced or attributed. Road Safety Department RoSPA Edgbaston Park 353 Bristol Road Birmingham B5 7ST Tel: 0121 248 2000. 13