Is a mobility scooter an aid/device for the diasbled?

[mikeymack2002]

Is a mobility scooter an aid/device for the disabled? This is the subject of this thread and how some LA's/HA,s see them as a pain. But legally are they an aid/device and or other ?

 

 

Please bear in mind that I already know this answer, I am hoping that others will see it differently.

 

 

So pop quiz time can you answer the following? Please supply links to your answers and an explanation...

 

 

A, are they an aid? (yes/no/other)

B, are they a device for the disabled only? (yes/no/other)

C, can a LA/HA ban them from their properties without breaking the law? (yes/no/other) what laws are/not broken))

[dpick]

Hi just my opinion

 

1, yes they are an aid both my wife and I use one.

2, No anyone can purchase one from ebay.

3, my HA and Council have not been informed we have 2 scooters though the council have provided a ramp from door to street level, my wife is wheelchair user.

 

dpick

[citizenB]

A: Yes - for the elderly and disabled.

B: No - it would appear that the able bodied use them as well.

C: This is a difficult one - I have attached a pdf regarding the storing of mobility scooters/wheelchairs in communal areas, from one local authority (Charnwood, Leicestershire) I think. It raises the issues of these being a hazard in the event of Fire. So I guess in certain circumstances they could be banned.

 

 

HMAB 02 April 2014 Item 06 Update On Mobility Scooters.pdf

[mikeymack2002]

A: Yes - for the elderly and disabled.

B: No - it would appear that the able bodied use them as well.

C: This is a difficult one - I have attached a pdf regarding the storing of mobility scooters/wheelchairs in communal areas, from one local authority (Charnwood, Leicestershire) I think. It raises the issues of these being a hazard in the event of Fire. So I guess in certain circumstances they could be banned.

 

 

[ATTACH=CONFIG]61862[/ATTACH]

 

 

Back to School for this poster lol

 

 

(A) disabled only, older folk are breaking the law! If they are not registered disabled...

(B) see A above

© this comes under the fire reform 2005 (Councils try their hardest to stop the use by residents)

 

 

I will post the correct answers later as it may surprise some that use them....

 

 

The only time a non disabled person can use one is if they are demonstrating one for sale or training a user... + You must be over 16 to use one as well

[citizenB]

Interesting, thank you MM

[mikeymack2002]

Start at page one then follow the next page >> https://www.gov.uk/mobility-scooters-and-powered-wheelchairs-rules/overview

 

 

The MoT had the following to say see below.

 

 

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/411212/Mobility_Vehicle_Users_guidance.odt.

 

 

https://webcache.googleusercontent.com/search?q=cache:C0ZYzCQJ794J:https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/411212/Mobility_Vehicle_Users_guidance.odt+&cd=3&hl=en&ct=clnk&gl=uk

 

 

The reason for asking if anyone knew is my ALMO is trying to ban them in high rise blocks. Which is of course is they cannot...

[mikeymack2002]

Finally those of us that do use them and are class 3 MUST BY LAW register them with the DVLA and tax them both of these are free for the user. Currently there are over 300,00 illegal mobility scooters in use within the UK...

 

 

As users we can get tickets/FPN's/arrested/prosecuted for the following as well. Plus many more. Who said we had it easy?

 

 

1. Using a mobile device (phone)

2. Speeding (4mph on the pavement) 8 MPH on the road

3. s59 RTA for antisocial riding

4. Failing to stop after a collision, (furious riding) old law still current! s35 offences against the person Act 1861

 

 

s35 - Drivers of carriages injuring persons by furious driving. Whosoever, having the charge of any carriage or vehicle, shall by wanton or furious driving or racing, or other wilful misconduct, or by wilful neglect, do or cause to be done any bodily harm to any person whatsoever, shall be guilty of a misdemeanour, and being convicted thereof shall be liable, at the discretion of the court, to be imprisoned for any term not exceeding two years, . . . http://www.legislation.gov.uk/ukpga/Vict/24-25/100/section/35

 

 

If you have a class 3 scooter and fail to tax it (free) you can be prosecuted in Court for it too, same rules apply see here >> http://www.esda.org.uk/registeringamobilityscooter/173

 

 

You can be arrested for drink/drug driving/failure to supply too.

[citizenB]

Currently there are over 300,00 illegal mobility scooters in use within the UK...

 

 

Is this through people owning/using them when they are not permitted or not having the tax ?

[mikeymack2002]

This is failing to register them. If not correctly registered therefor no tax which means you can be done, so to speak. I would hate to see the figures for those illegally using them I.e. not disabled. Some time this year there is going to be a report or the like where Police officers can stop one and ask the rider these very questions. Believe it or not they can be clamped for no TAX!! although this is free.

[citizenB]

That is going to spark some controversy, a clamped Mobility Scooter ?

[Ethel Street]

 

 

(A) disabled only, older folk are breaking the law! If they are not registered disabled...l

 

"Registered"? Is there a register of disabled people? How do people apply to be registered?

[mikeymack2002]

"Registered"? Is there a register of disabled people? How do people apply to be registered?

 

 

See here >> http://www.nhs.uk/chq/pages/2571.aspx?categoryid=155 or google using this search format >> how to be registered as disabled

 

 

This 'register' is not a register as in the meaning but as you can see from your searches it means several things.

[Consumer dude]

On the government website, it states invalid carriage. Why is the word even used in this day and age, after all invalid ? meaning not valid ? rendering the disabled person to feel not worthy ?..

[mikeymack2002]

I know this is a hard one. But from the start it is clear that this is what we deem as a label and this is unfair. I am about to post a link in the special needs section on ABI and I am hoping that so many will watch it as it shows what we have to deal with on a daily basis and having a label makes it worse... see here >> http://www.consumeractiongroup.co.uk/forum/showthread.php?460735-Aquired-brain-injury-(the-hidden-disability)&p=4868595#post4868595

[dpick]

In the dim and distant past before Motability was created you could get an invalid carriage they were three wheelers similar to trikes with a body attached used two stroke engines that stank like hell.

 

dpick

[mikeymack2002]

I remember these well. Never used one but... Now we have the all new battery version and much better!

[Ethel Street]

See here >> http://www.nhs.uk/chq/pages/2571.aspx?categoryid=155 or google using this search format >> how to be registered as disabled

 

 

This 'register' is not a register as in the meaning but as you can see from your searches it means several things.

 

So it's unlikely that police will be challenging older people about whether they are physically disabled if there is no general register of physically disabled people. Police are happy to check people when they can check them against a database - whether a car is taxed or MOT'd, or someone is insured to drive etc. But if there's no database of disabled people police would have to evaluate whether someone met the criteria for disability in the Equality Act 2010 at the roadside, something even medical professionals specialising in disability would hesitate to attempt [ie that the person has "a physical ... impairment [that] has a substantial and long-term adverse effect on [their] ability to carry out normal day-to-day activities"]. So unless police spot someone leaping off their mobility scooter and sprinting off round the park it's pretty unlikely that aspect of the law will be enforced.

[mikeymack2002]

The Police have this ability now anyway, under the road traffic act, as a class 3 scooter MUST be registered with the DVLA. This is something that is going to change in the very near future as far as being stopped and checked. As far as checking the 'database' if the scooter is correctly registered it will show up on the PNC database already... A correctly registered class 3 scooter will have a number plate assigned to it, although you are not legally required to display it.. Maybe the should be required to be?

 

 

Please bear in mind an Officer in uniform can stop ANY vehicle and ask questions. Is this yours, is this taxed and so on. I used to have a number plate on the back of mine, just for safety, so they could do a PNC check and see if I am the registered keeper. This is something that is now being looked at and maybe some new changes in Legislation will be coming out soon.

 

 

There is currently a discussion taking place in the Houses of Parliament to make insurance compulsory for all scooter users. This would give even more abilities to check whether or not the vehicle is 'legal' so to speak.

[Ethel Street]

I understand about registering and checking the VEHICLE mikeymack - easy for police as they can check against the DVLA database - it's whether the DRIVER is physically disabled that they can't check against a database. Police would have to carry out a medical disability assessment at the roadside which seems unlikely

[mikeymack2002]

This is a very hard one to answer but you can see where this could go, a very touchy subject too. There is a thread http://www.consumeractiongroup.co.uk/forum/showthread.php?460735-Aquired-brain-injury-(the-hidden-disability)&p=4868595#post4868595 that goes to show how hard it can be to show you are disabled...

[Consumer dude]

I know this is a hard one. But from the start it is clear that this is what we deem as a label and this is unfair. I am about to post a link in the special needs section on ABI and I am hoping that so many will watch it as it shows what we have to deal with on a daily basis and having a label makes it worse... see here >> http://www.consumeractiongroup.co.uk/forum/showthread.php?460735-Aquired-brain-injury-(the-hidden-disability)&p=4868595#post4868595

8

 

Another label that may seem wrong is the word handicapped as it could imply going 'cap in hand'..

[honeybee13]

8

 

Another label that may seem wrong is the word handicapped as it could imply going 'cap in hand'..

 

I've read a few websites on that and the majority seem to think that the origin of the word is more likely to have to do with horse racing and gambling.

 

HB

[mikeymack2002]

It's very strange what names we are given as a disabled person most of them derogatory. Why?

[Consumer dude]

It's very strange what names we are given as a disabled person most of them derogatory. Why?

 

Probably because disabled people in some cases are seen as a financial burden on public services so words like invalid and handicapped fit in with an idea that 'why can't these people pay for their own care'. Just a thought..

[mikeymack2002]

Oh. I'm going to hold my breath and count forever....

 

How about able bodied people paying what they owe! Not many disabled people owe council tax arrears.

 

If you were to ask via FoI request how many 'normal' people pay it on time. You may find that we suffer for lack of services because they don't want to pay. .. Then you have cuts to consider as well.

 

To save the LA money in care my family like many others are unpaid carers that help me out. Why because they can and they care...

 

I would hate to see an able bodied person go from being a great worker and home provider. To being disabled in a matter of seconds.

 

One label that's acceptable is disabled. Let's stick with that...

 

You should see here http://www.consumeractiongroup.co.uk/forum/showthread.php?460735-Aquired-brain-injury-(the-hidden-disability)&p=4868668#post4868668