The sleek, self-balancing gadgets often referred to as "Swegways" (a brand name that has become synonymous with hoverboards in the UK) have captivated many with their fun and fascination. Yet, for those envisioning a smooth ride down a bustling street or commuting along a cycle path, the legal situation in the United Kingdom presents a stark contrast to their widespread availability: riding a Swegway (hoverboard) on public roads, sidewalks, or cycle paths in the UK is unequivocally illegal.
This strict position by UK law enforcement and government agencies is due to the classification of these devices under existing laws, notably the Road Traffic Act 1988 and the Highway Act 1835.
The Legal Classification: A Motor Vehicle
The heart of the matter is the legal classification of Swegways. Both the Department for Transport (DfT) and the Crown Prosecution Service (CPS) have consistently maintained that Swegways, as well as other "Personal Light Electric Vehicles" (PLEVs) such as privately-owned e-scooters, fall under the category of motor vehicles.
This designation, which might be unexpected for a device frequently perceived as a toy, imposes a complicated array of requirements that Swegways are unable to fulfill for public operation.
- Insurance: Every motor vehicle operating on a public road is required to possess valid motor insurance. Currently, there is no insurance category or product available for privately owned Swegways that would enable them to be legally insured for use on roads.
- Vehicle Tax and Registration: Automobiles are required to be registered with the DVLA and pay vehicle excise duty, commonly known as road tax. Swegways, however, cannot be registered or taxed as they fail to meet the essential construction and use standards.
- Driving Licence: To operate a motor vehicle, a valid driver's license is necessary. Since there is no distinct license category for Swegways, using one on a public road is regarded as driving without adhering to the appropriate licensing requirements.
- Construction and Safety Standards: Every vehicle operating on public roads is required to adhere to particular technical and safety criteria, such as lighting, signaling, braking systems, and general roadworthiness. Currently, Swegways fail to meet these rigorous standards.
The Highway Act 1835: No Pavement Riding
In addition to their classification as motor vehicles, an even more ancient law reinforces the prohibition on pavements: Section 72 of the Highway Act 1835. This venerable legislation deems it illegal to "intentionally ride upon any footpath or causeway adjacent to any road designated for the use or convenience of pedestrians; or to intentionally lead or drive any type of carriage." The judiciary has consistently interpreted "carriage of any description" to encompass contemporary devices such as Segways and, consequently, Swegways/hoverboards.
This implies that even if a Swegway were able to comply with motor vehicle standards for road use, riding it on the sidewalk would remain unlawful.
Where Else Are They Banned?
The ban applies to nearly all other public areas across the UK, including:
- Cycle lanes and cycle tracks: These are intended for bicycles, and Swegways are not allowed.
- Public parks, squares, and car parks: These zones are prohibited unless specifically authorised and allowed by the property owner for such use.
- University campuses and private roads accessible to the public: These are typically subject to the same limitations without explicit consent from the governing body.
The Only Legal Place: Private Land (with Permission)
In the UK, the sole location where riding a Swegway is lawful is on private property, and only with the landowner's explicit permission.
This includes:
Your own private property (e.g., your garden or driveway).
Another person's private land, provided you have their clear permission to ride there.
This explains why you may encounter organised "Segway tours" legally operating in some areas; these tours typically occur on private property where the operator has obtained explicit consent from the landowner. (e.g., stately homes, adventure parks).
Consequences of Illegal Use
Operating a Swegway unlawfully in public areas may result in severe penalties, frequently regarded as motor vehicle violations.:
- Fines: You could receive a fixed penalty notice.
- Penalty Points: Points may be assigned to your driving licence (or a provisional licence), regardless of whether you currently possess a full licence. This could impact your future ability to obtain one or potentially result in a driving disqualification.
- Vehicle Seizure: Law enforcement has the authority to confiscate and hold your Swegway.
- More Serious Charges: In situations involving reckless riding or riding while intoxicated by alcohol or drugs, harsher criminal charges may be applicable.
Conclusion
Even though Swegways (hoverboards) are widely popular and easy to buy, the legal framework surrounding them in the UK is clear-cut. They are considered motor vehicles that fail to comply with the standards for public road usage and are strictly prohibited on sidewalks. Consequently, the response to "Is it permissible to ride a Swegway on the road?" is a definitive no. To remain lawful and safe, confine your Swegway activities to private property, ensuring you have the explicit consent of the landowner.