MD3040 Delegation for the Continuation of an E-scooter rental trial

1.1    E-scooter trials were initiated nationally by the DfT in 2020. This was part of a package of transport-related responses to the pandemic; but in practice the trials have come to serve as the first step towards legalisation of this vehicle type. TfL required a Mayoral Delegation to establish the London trial that is now under way, which was granted on 8 March 2021 via MD2770 . Paragraph 1.2 of that MD provides further detail on the legislative and governance background.

1.2    At the outset, the objectives for the trial were to promote safety and take a consistent approach to delivering this type of service, establish how these vehicles might feature in London’s future transport options, and to provide an evidence base to demonstrate the need for new powers to manage the rental market. These objectives (as set out in section 2 of MD2770) are fundamentally unchanged. 

1.3    The current trial began on 7 June 2021. From this date, e-scooters could be rented from three commercial operators – Dott, Lime and TIER – and ridden across the participating boroughs in accordance with a unified set of rules and standards. Managed and administered by TfL in partnership with London Councils, and operated on the TLRN by TfL, the trial ran for an initial 12-month period before being extended until 20 November 2022 (in line with provision in the contract and the powers delegated in MD2770).

1.4    Operations have expanded greatly. At the trial’s launch there were five participating boroughs and 600 e-scooters; now, there is a contiguous area of 10 boroughs, as well as over 500 designated parking bays and 4,125 e-scooters. Around 1.5m trips have been made. This equates to e-scooters travelling a combined distance of over 4m kilometres. 

1.5    Safety has always been the trial’s highest priority. There have been no fatalities. Out of 1.5m trips, there have been 21 injuries categorised as serious.  The rate of injuries as a proportion of total trips has been declining throughout the trial. Geo-fencing zones are used to control where e-scooters can go, at what speed and where they can be left or hired from: parking bays are designated across participating boroughs for this purpose. The trial’s technical requirements exceed those stipulated by the DfT by mandating, amongst other things, a reduced speed limit and lights to be kept on constantly at the front and rear of the vehicle. Those who rent e-scooters must also abide by the trial’s high user standards, which include a ban on footway-riding, and a stipulation that only one user may be on an e-scooter at any one time. 

1.6    At all times TfL has sought to identify improvements, mitigate risks, and seek feedback from internal and external stakeholders. Particular efforts are made to remove or minimise the impacts upon those with protected characteristics. The Equality Impact Assessment (EqIA) has been kept under continual review with a further update expected in October 2022. 

1.7    The trial has an ongoing, comprehensive programme of monitoring and evaluation to help meet the objectives set out in MD2770. The primary objectives of data collection have been to understand how e-scooters could fit into London’s transport mix; and, through this, to inform future legislation. The observations provide valuable lessons to assist the DfT in shaping legislation. 

1.8    This data is helping TfL to prepare for a new role which is anticipated in the forthcoming Transport Bill, through which TfL would shape and manage the rental operations for micromobility rental services across London (this also includes dockless bike and e-bike rental, which is currently arranged by individual boroughs).

Summer 2022 announcements by the DfT

1.9    On 11 May 2022, the Government announced the intention to introduce a Transport Bill before the end of the Parliamentary year. This would create a new category of LZEVs, to include e-scooters, and would legalise all e-scooters; presently, only rented e-scooters used in a trial can be ridden legally on public roads. 

1.10    In an email from the DfT to all local authorities and rental operators holding live trials, dated 12 May 2022, the DfT additionally stated the intention to introduce “new powers for local transport authorities to shape and manage [micromobility] rental operations”. TfL therefore anticipates that, subject to the legislation being enacted as planned, it would have a role in shaping and managing the commercial rental in London of e-scooters in the future. While the Bill has not yet been introduced to Parliament, and new ministers may yet wish to review the approach, for the time being TfL is assuming that this work will proceed as planned.

1.11    On 28 June 2022, the DfT informed local authorities and operators holding e-scooter rental trials that such trials might be extended until 31 May 2024, if so desired. 

The need for a second Mayoral Delegation

1.12    The trial was enabled by the granting, to TfL, of powers under the GLA Act by MD2770. These powers expire on 20 November 2022. TfL therefore requires a further delegation in order to continue the trial until 31 May 2024 as per the DfT’s extension.

1.13    The announcement that trials can be extended came too late for TfL to be able to complete a new round of procurement, with a fresh competition for operators, before the current trial ends on 20 November 2022. The proposal is therefore to continue the trial in its current form, with the same operators, from 21 November 2022 until procurement is completed and the second phase of the trial may begin. This is expected to be in the second half of 2023.

1.14    The powers are required for TfL to: 

• continue the trial under the same contracts, and with the same operators, from 21 November 2022
• begin a new phase of the trial with an updated specification and contracts, and with up to three operators who are successful, in a fresh selection process – this will begin as soon as possible and last until 31 May 2024 (based on the DfT’s current intentions).

2.1    This further Mayoral Delegation would enable TfL to: 

•    ensure service continuity during a second trial period
•    continue data gathering and learning about these vehicles, including to inform the development of any future DfT Regulations governing LZEVs and to increase TfL’s own commercial, regulatory and operational knowledge of the micromobility rental market
•    continue to build the evidence base to better understand the impact of e-scooters on air quality, people with protected characteristics and mode shift
•    set safety standards that exceed those set nationally in line with the Vision Zero ambition to eliminate deaths and serious injuries on London’s transport network by 2041.

2.2    TfL activities in relation to coordinating the multi-borough trial would include: 

•    Continuing to coordinate the trial across one joined-up area covering the participating boroughs, and to operate the trial on the TLRN. The powers granted under this delegation would allow the seamless continuation of the trial from when it is due to end on 20 November 2022. Paragraphs 1.5 and 1.6 of MD2770  sets out a full list of activities undertaken as part of the trial. 

•    Managing an open and transparent selection process to select and enter into new contracts with up to three operators. A new technical specification and administration agreement would be included, aimed at further increasing safety standards and incentivising the provision of additional parking bays. These contracts are intended to go live by Autumn 2023. The associated elements of this work were also set out in section 1.5 of MD2770, and learnings from the first 12 months will be reflected in any new technical specification. 

•    The expansion of e-scooter parking on both borough-owned and TfL-owned (non-TLRN) land. TfL will continue to work with boroughs and operators, as well as internally, to increase the supply of e-scooter parking bays, with a view to preparing for TfL’s role in shaping and managing the rental operations of micromobility services in the future, and to maximising the reach of the trial.

2.3    TfL activities in relation to the TLRN would include the following:

•    Continuing to operate the trial as it relates to the TLRN. Activities, such as the preparation of Traffic Orders, will continue in the same way as outlined in MD2770. They will include enforcement activities in compliance with the administration agreement – for example, the removal of badly parked e-scooters where they cause an obstruction of the highway.

•    Identifying and preparing bays on the TLRN for e-scooter parking, should any locations be deemed suitable. TfL will continue to identify potential sites and carry out administrative preparations for any appropriate e-scooter parking bays on the TLRN itself.

2.4    TfL has the following key objectives for the trial’s continuation:

•    to continue to offer the only legal way to ride an e-scooter in public in London, with a central focus on safety, as exemplified by the safety data in paragraph 1.5
•    to remain an active participant in the government’s trials, enabling London’s learnings and data to shape national legislation
•    to maintain the environmental benefits of providing a green alternative to private car use
•    to help increase the resilience of conventional TfL transport options by providing an additional mode that can be used when the network is impacted by external factors (such as extreme weather or industrial action)
•    to set a benchmark that helps to drive up the standards of other micromobility services in London.

Expected benefits 

2.5    The benefits of TfL continuing the coordinated rental service are the achievement of objectives as set out above and within paragraph 2.4 of MD2770. In particular, London’s trials have ensured that operations in London comply with standards that are important to the Mayor, TfL, London Councils and the London boroughs, including: 

•    Safety: TfL will be able to maintain the standards of the trial, including speed restrictions, maintenance regime requirements and parking controls. TfL would be able to continue its monitoring work by identifying risks, introducing mitigations and updating the EqIA.

•    Environment: TfL would continue to set and encourage environmental standards, including minimising water and energy consumption; using renewable energies; and encouraging the sustainable design, manufacture and maintenance of the e-scooters. TfL would be able to discuss and explore new charging technology that could limit the need for carbon-emitting, battery-swap-servicing journeys. TfL would also continue to run an emission-free transport mode that has been used for around 1.5m journeys in London.

•    Accessibility: TfL’s ability to offer e-scooter rental services to operators as a coordinated package gives it more influence over what operators offer to customers. The administration agreement mandates the offer of low-income or equitable-access customer plans to reduce transport inequality. Measures to offer equitable access are designed and introduced by the operators and take different forms rather than specific requirements being prescribed by TfL. Through additional focus on parking provision, the continuation of the trial will enable TfL to further understand how e-scooters can complement existing public transport and other modes of micromobility (namely e-bikes). 

•    Collection of data to further understand social, economic, health and environmental benefits and impacts. This has acquired an even greater importance given the expected legalisation of LZEVs by central government. As with the existing trial contracts, through the new administration agreement operators would be required to comply not only with the DfT’s data-sharing, monitoring and evaluation processes but also with TfL’s own detailed data requirements. This new phase of e-scooter operations will enable access to post-ride surveys from operators. 

3.1    Under section 149 of the Equality Act 2010, as public authorities, the Mayor, TfL and the boroughs are subject to the public sector equality duty and must have due regard to the need to: 

•    eliminate unlawful discrimination, harassment and victimisation
•    advance equality of opportunity between people who share a relevant protected characteristic and those who do not
•    foster good relations between people who share a relevant protected characteristic and those who do not. 
The protected characteristics under section 149 of the Equality Act that are expected to be most significantly impacted by the continuation of rental services are: age, disability, pregnancy and maternity, race, sex, and sexual orientation.

3.2    TfL has undertaken extensive research and consultation, both before and during the trial, about the nature of the trial’s impacts upon people with protected characteristics, and the extent to which this occurs. These details can be found in the published and updated EqIA.  It appears, from the outreach and feedback received to date, that the most prevalent impact of the trial, both now and if it is to continue, is a level of anxiety and concern about negative interactions with e-scooters. To date this concern has been most pronounced among people with visual impairments, but was also shared by those with hearing loss, people with learning disabilities, and older adults. Nearly all consulted stakeholders have emphasised the risk of injury to other road users as a result of illegal or poor rider use, including from e-scooters being incorrectly parked as well as the consequences of high-risk behaviours.

3.3    TfL has sought, through its engagement work, to improve knowledge and awareness about how the trial is being undertaken and what is being done to prioritise safety. This engagement has generally been well received, and has helped to reduce anxiety levels around the trial. Following this engagement, most residual anxiety was felt towards private e-scooters and the lack of regulation around them. However, there remains some fear of interactions with rental e-scooters, and so TfL is working continually to develop further mitigations as outlined in the EqIA.

3.4    In June 2022 a questionnaire was sent to stakeholders representing those with one or more of the protected characteristics. When this exercise was carried out for the first time (at the beginning of the trial in 2021), TfL received almost 100 responses, but this time there were only eight. One possible reason for this decline might be that people have become less concerned about the perception of risks associated with the trial as it has continued. Seven out of the eight respondents agreed that the trial was operating at least “quite safely”. The concern arising from the risk of collision does remain. However, TfL’s continued involvement in this market, and the trial’s extension, will enable TfL to learn more about the best way of managing these rental schemes to minimise negative impacts.

3.5    TfL has been working with stakeholders to reassure and change perceptions; but has also implemented a number of mitigations in response to what were, before the beginning of the trial, perceived to be the greatest concerns.  Below is a summary of what has been done to date to address these concerns. (A more detailed table summarising the mitigations put in place by TfL since the beginning of the trial, made in response to feedback, is available, along with further details, in the EqIA.)

•    Injury due to the illegal/poor riding or parking of e-scooters used in the trial, particularly impacting people with disabilities such as mobility impairment, or sight or hearing loss. In over 1.5m e-scooter trips there have been two recorded serious injuries to pedestrians; these both occurred in the same incident. The impact is being mitigated through a combination of tightly controlled parking restrictions, geo-fencing, contractual Service Level Agreements/penalties, and technical and user requirements. TfL has engaged throughout the trial with a number of groups representing those with mobility impairment, or sight or hearing loss; these include, but are not limited to, London Vision, the Royal National Institute of Blind People, the Royal Association for Deaf People, the Guide Dogs for the Blind Association, and the Independent Disability Advisory Group. 

•    Injury due to e-scooters used in the trial being unheard or unseen, particularly affecting people with sight or hearing loss. TfL has required operators to provide clear training to all users on how to ride e-scooters safely and considerately, including awareness of people with disabilities. TfL stipulated that all e-scooters must have a bell, and that both rear and front lighting must be switched on at all times when in use. In March 2022, as an example of outreach activities, TfL held an “Accessibility Demo Day” at which stakeholders were given the opportunity to see/touch the e-scooters, and to talk to operators directly. In addition, operators have been working with University College London to develop a pioneering audible warning system that would alert people with visual impairments to the presence of a vehicle. The delegation of mayoral powers that is now being sought would enable services to continue, and further development and testing of this world-leading technology would be possible as a result.

•    Exclusion from the trial on grounds of age. In order to comply with the rules of the trial, as set out by TfL and enforced by the operators, people must be aged 18 or over, and hold at least a provisional driving licence, before they can hire an e-scooter. Younger people, and people with learning disabilities, have told TfL that this excludes them from using the rental vehicles. It is also the case that operators’ apps are not set up to register service users who only have a paper driving licence (which would be more likely for older customers). Operators have processes in place whereby people can sign up by phoning customer services. This has enabled those with paper driving licences to register for e-scooter rental without having to go via the app.

Risks and impact assessments 

4.1    In addition to the EqIA, TfL produced an assessment prior to the trial that identified and analysed the risks and appropriate mitigations. This updated document is available at Appendix B.

Fire risk

4.2    It is worth acknowledging that since December 2021, all privately-owned e-scooters and e-unicycles, including those that can be folded or carried, have been banned on London's transport network. This follows safety concerns of these vehicles due to recent fires on TfL premises & services and some press around the fire risk of e-scooters, primarily due to their lithium batteries.

4.3    This risk largely pertains to private owned e-scooters, which are currently illegal to use in public and are therefore not subject to regulation. As a result, there are no minimum standards in place and huge variation in the quality of products available for purchase, including the quality of the vehicle, batteries and charging facilities. Legislating minimum standards for private vehicles is the responsibility of central Government and TfL is working with other transport authorities across the UK to make the case to the DfT of the need for a regulatory framework for private e-scooters. The London Fire Brigade also provides advice around how to charge and store lithium batteries safety.

4.4    For trial vehicles, the government has set minimum vehicle specifications. For the London trial, each operator has stringent measures in place governing the full battery lifecycle including how batteries are sourced, stored, charged, transported, swapped and recycled.  These measures and processes are in accordance with fire-safety regulations and are supported by engagement with the London Fire Brigade including visits to operators’ warehouses. Since the start of the trial there have been no fires from London’s trial vehicles or operator premises.

4.5    TfL continues to stress the difference in build standards between private vehicles and trial vehicles in communications to both educate people on the risks of private e-scooters and provide confidence in trial vehicles.

Links to Mayoral strategies and priorities 

4.6    The continued delivery of the trial links to existing proposals and policies in the Mayor’s Transport Strategy (MTS) to: 

•    “explore, influence, and manage new transport services to ensure they adopt the healthy streets approach” (Policy 23) 
•    “reduce Londoners” dependency on cars in favour of active, efficient and sustainable modes of travel” (Policy 1). 

The availability of this new vehicle type could support MTS goals to 
•    “reduce traffic levels by 10-15% by 2041” (Policy 5) 
•    “achieve a zero-emission transport system by 2050” (Policy 7). 

In addition, one of the explicit purposes of trials nationally, as stated by the DfT in 2020, was to encourage a “green restart of local travel”.  

4.7    Given the prospect of new legislation that could make e-scooters a permanent presence in London, TfL must consider the impact of this new vehicle type on the Healthy Streets agenda. The rental market for these vehicles has the potential to be detrimental to Healthy Streets goals if it cannot be managed effectively, with well-maintained fleets and responsible parking. TfL’s ongoing participation in the trial is an opportunity to: hone the operational approach to managing these services in anticipation of a new regulatory environment; have an influential voice during its creation; and deliver on the Healthy Streets agenda once it is in place.

Consultations and impact

4.8    As the DfT has invited the extension of the trial, and TfL’s intended approach to its ongoing delivery is unchanged, further consultations will not be required for the continuation of the trial. The trial that runs from 21 November 2022 will be almost identical to that which preceded it; this trial, run under new contracts, will differ only where there are enhancements designed to raise standards and provide a superior, more inclusive service.

Other considerations

4.9    There are no conflicts of interest to declare for any of the officers involved in the drafting or clearance of this decision form.

5.1    The trial, running from 21 November 2022 until the new contracts go live, will continue as before. MD2770  and associated documents may be consulted for further details on costs. 

5.2    Beyond staff time for the coordination and administration of the service, the only additional future costs for TfL and participating boroughs are expected to relate to legal advice on any contractual and procurement matters; new Traffic Regulation Orders; and any further installation of parking bays.

5.3    There are no direct financial implications for the GLA arising from this decision.

6.1    The Mayor is being asked to enable the extension of TfL’s delivery of the trial pursuant to sections 30 and 34 (general and subsidiary powers) of the GLA Act, by means of a delegation of those powers under 38 (delegation) of the GLA Act. In order to allow TfL to continue to carry out the procurement arrangements, and other aspects required for the continued delivery of the service on behalf of boroughs as described in paragraphs 1.5 and 1.6 of MD2770 (including entering into the contracts in relation to the TLRN), it is proposed to continue to supplement TfL powers by the Mayor approving the Delegation as set out in Appendix A. 

6.2    Section 30 of the GLA Act gives the Mayor a general power to do anything that he considers will further one or more of the principal purposes of the GLA. The principal purposes, as set out in section 30(2), are: 

•    promoting economic development and wealth creation in Greater London
•    promoting social development in Greater London 
•    promoting the improvement of the environment in Greater London. 

6.3    Further, section 34 of the GLA Act allows the Mayor to do anything that is calculated to facilitate, or is conducive or incidental to, the exercise of any of his functions (including his functions under section 30). 

6.4    It is considered that the proposed continuation of the trial will further all three of the principal purposes set out in section 30 above, with particular emphasis on social development and environmental improvement. 

6.5    Sections 38(1) and (2) of the GLA Act allow the Mayor to authorise TfL to exercise functions under the GLA Act and other relevant legislation on his behalf, including those contained in sections 30 and 34. The delegation of the GLA’s section 30 and 34 functions is considered sufficient to enable TfL to continue to undertake the role and activities envisaged under the scheme. Section 38(7) of the GLA Act gives TfL the power to exercise any functions delegated to it by the Mayor pursuant to section 38, whether or not TfL would otherwise have had that power and irrespective of the nature of the function. 

6.6    The Mayor’s functions under section 378(1) of the GLA Act are also relevant and include the following tourism-related duties: 

•    to encourage people to visit Greater London
•    to encourage people from outside the UK to visit the UK via Greater London 
•    to encourage the provision and improvement of tourist amenities and facilities in Greater London. 

6.7    Further, section 378(2) of the GLA Act gives the Mayor power to do anything for the purpose of or incidental to the discharge of these duties.

6.8    Under the trial, rental e-scooters will continue to be available to tourists visiting London. Although the Mayor cannot delegate his tourism functions under section 378 to TfL,  the proposed scheme and TfL’s role in it are consistent with the exercise of the Mayor’s section 378 functions by encouraging tourists to visit London, and providing facilities and amenities to meet their travel requirements. 

6.9    The Mayor, the GLA and TfL are subject to the public sector equality duty contained in section 149 of the Equality Act 2010 (as described in ‘Equality comments’ at section 3, above). 

6.10    The proposed Delegation is at Appendix A. The Mayor may impose conditions on any such delegation. The proposed Delegation is on standard terms, and authorises TfL to exercise the GLA’s functions under sections 30 and 34 of the GLA Act to do all things it considers necessary or expedient for the continuing coordination and operation of the trial.

7.1    Within TfL, the Transport Innovation Directorate would continue to be responsible for delivery of the service; and would work in partnership with London Councils, ride-through and full-service boroughs, and the procured operators. The operational board would continue to consider core contract management issues, with representatives from TfL, London Councils and the boroughs. 

7.2    There is uncertainty around exact timelines as this Delegation is required before the new procurement has been run. As such, the dates in Table 1 (below) should be regarded as a guide at this stage. TfL is planning to complete tender evaluation in Spring 2023 to enable contract award with selected operators; and service launch in Summer/Autumn 2023.

• Appendix A – Mayoral delegation.
• Appendix B – Updated risk assessment.

Supporting papers:

• Mayoral Delegation MD2770: https://www.london.gov.uk/decisions/md2770-delegation-mayoral-powers-trialling-e-scooter-rental 
• Equality Impact Assessment – https://tfl.gov.uk/corporate/publications-and-reports/equality-and-inclusion-publications#on-this-page-5 (future EQIA updates will continue to be accessible via this page)