Ban cyclists and e-scooter riders using phones, Tory peer urges

Stock photo of person using a mobile phone while using a bicycleImage source, Getty Images
Image caption,

Stock photo of person using a mobile phone while using a bicycle

A Tory politician is calling for a ban on using mobiles while on a bicycle or e-scooter, after a concerning incident with a cyclist near Parliament.

Baroness McIntosh of Pickering wants a law change so cyclists are prosecuted for the offence of using a phone, in the same way that car drivers are.

There is no specific offence for a cyclist using a phone, but a minister pointed out cyclists can be prosecuted for careless or dangerous cycling.

That comes with fines of up to £2,500.

Baroness McIntosh's call for a law change come after updates to the Highway Code in January which included a hierarchy of road users designed to protecting vulnerable road users such as pedestrians and cyclists.

Lady McIntosh questioned why Rule 149 of the code, requiring motorists to "exercise proper control of your vehicle at all times" and banning use of a mobile phone while driving, did not apply to cyclists and other road users.

To illustrate her point, she said she had recently been walking to the Houses of Parliament and as she was crossing the road, she suddenly became aware of a cyclist travelling towards her using a mobile phone, "one hand bicycling, one hand on the mobile phone, on the wrong side of the road".

She added: "I wasn't clear whether he was going to stop or not."

She said some cyclists and riders of e-scooters and e-bikes and were using mobile phones "inappropriately" and challenged the Department for Transport on why it had not addressed the issue.

The former minister said e-scooters were "even more of a concern" with some people left feeling "absolutely terrorised" by those using them "irresponsibly".

Of course, the use of e-scooters is totally illegal on most public roads anyway - whether or nor the owner is using a mobile phone simultaneously. They can only legitimately be used in one of the areas that is operating an official rental scheme, as part of on ongoing government trial.

Lady McIntosh urged the government to "create criminal offences relating to dangerous, careless and inconsiderate cycling for those users of pedal bikes, electronically assisted bikes and e-scooters".

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Lady McIntosh said she had a close encounter with a cyclist using a mobile phone while she was crossing the road near the Houses of Parliament

Transport minister Baroness Vere of Norbiton said existing laws already banned cyclists and e-scooter riders from using mobile phones.

She said: "It is not a specific offence to cycle and use a mobile phone or headphones, but cyclists and e-bike riders can be prosecuted by the police for careless and dangerous cycling with maximum fines of £1,000 and £2,500 respectively."

She said later that the regulations in the government's current e-scooter trial already state that is an offence to use a handheld mobile phone while operating one. Rule-breakers could be fined and get six penalty points, she added.