The case of British backpacker Alicia Kemp, who in August 2025 pleaded guilty to killing father-of-two Thanh Phan while riding an e-scooter under the influence, has reignited debate over e-scooter safety and legislation in the UK and overseas.
While e-scooters provide a fast and climate-friendly method of transport, their use must be balanced with better legislation and awareness of the potential risks. Charles Edwards and Lucie Clinch comment on the state of e-scooter regulation in this short article.
Confusion surrounding e-scooter laws
Alicia Kemp’s crash occurred in Perth, Australia. She was found with a blood-alcohol level three times over the legal limit, and was illegally driving with a passenger on the back of the hired e-scooter. The collision resulted in Mr Phan sustaining head injuries that sadly resulted in his death two days later.
Charles Edwards has worked on serious injury cases involving e-scooters, and understands the harm they can cause and the complex legal issues that follow.
“Cases like this are tragic for all involved, and our thoughts are with Mr Phan’s family and loved ones,” he says. “This incident brings to light the important issue that e-scooters are capable of causing serious injury or death, and the potential risks should not be underestimated.”
“Part of the problem is that the legislation around e-scooters can be confusing. While there is not the same requirement for a driver’s licence or insurance when using an e-scooter as there is for other road vehicles, many traffic laws do still apply. Careless and dangerous driving offences, including drink and drug driving laws, still apply to e-scooter users in the same way as they do other motorists, meaning that you can be prosecuted for driving under the influence.”
Charles concludes: “By raising public awareness of the legislation and potential dangers, hopefully this can prevent further harm.”
Balancing convenience with safety and accountability
Lucie Clinch has written extensively on the topic of e-scooter legislation and safety, including for publications like New Law Journal. She comments: “E-scooters offer an efficient, low-emission way to navigate cities. E-scooters are only legal for use on public roads in the UK if used under a private hire scheme, and with the growing popularity of e-transport hire services, the government must address the safety concerns this poses.”
“We are not calling for overly restrictive measures that could undermine the convenience and environmental benefits of these vehicles, but we do want to see steps that improve safety and accountability. This can include an effort to enhance public education on the laws and stronger enforcement when necessary.”
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