3.—(1) The Motor Cycles (Protective Helmets) Regulations 1998(1) are amended as follows.
(2) In regulation 4 (protective headgear)—
(a)in paragraph (1) for “paragraph (2)” substitute “paragraphs (2) and (2A)”;
(b)after paragraph (2) insert—
“(2A) Nothing in paragraph (1) shall apply to any person driving an electric scooter being used in a trial.”;
(c)in paragraph (3)—
(i)before the definition of “motor bicycle”, insert—
““electric scooter” means a motor bicycle which—
is fitted with an electric motor with a maximum continuous power rating not exceeding 500 watts;
is not fitted with pedals that are capable of propelling the vehicle;
has two wheels, one front and one rear, aligned along the direction of travel;
is designed to carry no more than one person;
has a maximum weight, excluding the driver, not exceeding 55 kilograms;
has a maximum design speed not exceeding 15.5 miles per hour;
has a means of directional control through the use of handlebars which are mechanically linked to the steered wheel;
has a means of controlling the speed through hand controls; and
has a power control that defaults to the ‘off’ position;
“local public authority” means—
in England and Wales, any body, other person or holder of any office listed in Part 2 (local government) of Schedule 1 to the Freedom of Information Act 2000; and
in Scotland, any body, other person or holder of any office listed in Part 3 (local government) of Schedule 1 to the Freedom of Information (Scotland) Act 2002;”;
(ii)after the definition of “protective headgear”, omit “and”; and
(iii)at the end of the definition of “strap”, insert—
“; and
“trial” means an assessment as to the suitability of electric scooters for use on roads conducted by virtue of—
an order made under sections 44 and 63(5) of the Road Traffic Act 1988; or
an arrangement made between one or more local public authorities and a person who hires out electric scooters”.