The UK Government’s consultation on powered mobility devices has prompted renewed discussion across the mobility sector about whether existing legislation reflects modern technology and the needs of wheelchair users.
Karen Pearce, Chair and co-founder of the Wheelchair Alliance, spoke to the British Healthcare Trades Association (BHTA) about why she believes prescribed powered wheelchairs require a different regulatory approach, and what should happen next.
The consultation on the laws surrounding powered mobility devices has now closed, marking the latest stage in the UK Government’s review of legislation that has its roots in the 1970 Chronically Sick and Disabled Persons Act and the 1988 Use of Invalid Carriages on Highways Regulations.
The Alliance's response to the consultation reflects the perspective of wheelchair users, while recognising there may be different considerations for mobility scooters and other powered mobility devices.
Karen said that distinction should shape future regulation: “The wheelchair is not an optional form of transport; it is, in essence a person’s legs.”
From consultation to implementation
Karen says the government’s first step should be a simple but symbolic change: “One quick win would be to address the unacceptable terminology (‘invalid carriage’) and replace this across all relevant legislation with, for example, ‘essential mobility device'”.
She also believes the sector needs greater certainty about how the review will progress: “State a timeframe and commitment for delivery of change," continues Karen. "Currently the confusion within Government is delaying important delivery of policy with the risk of the progress to date being kicked into the long grass.”
For manufacturers, retailers, healthcare professionals, and users alike, the next stage will be less about identifying the issues and more about understanding how government intends to respond.
Why prescribed powered wheelchairs need a different approach
One area where the current framework appears to have struggled to keep pace with modern powered mobility is the current “not in a class” categorisation.
“It discriminates against wheelchair users of all ages needing larger powered devices/power add-ons, leaving them unable to leave their homes if the letter of the law is adhered to," comments Karen.
The Alliance believes prescribed powered wheelchairs should be exempt from this category altogether. Unlike many other powered mobility devices, they are supplied following specialist clinical assessment, are already regulated through medical device legislation, and are supported by evidence relating to manufacturers’ safety and performance claims. In the Alliance's view, that distinction justifies a different regulatory approach, with the current classification creating unnecessary uncertainty for wheelchair users.
The ambiguity currently in place causes wheelchair users significant concern. They worry they are breaking the law, they are unsure where they are permitted to travel, and are limited in a way that other pavement and road users are not.
As we have previously reported, the Alliance has raised the issue directly with Transport Minister Simon Lightwood MP, requesting that prescribed powered wheelchairs are exempt from the current 'not in a class' category.
The Alliance believes the same principle should apply to other aspects of the legislation. Rather than introducing additional licensing requirements or restrictions for wheelchair users, prescribed powered wheelchair users should simply be subject to the same laws governing speed, safety, and behaviour as other road and pavement users.
In addition, the Alliance thinks the current laden weight limits no longer reflect modern prescribed powered wheelchairs. Under the existing legislation, devices exceeding 150kg, or 200kg where additional medical equipment is attached, may fall into the 'not in a class' category.
Therefore, the Alliance has proposed increasing the limit to around 450kg. The Transport Research Laboratory’s work on creating an integrated micromobility framework may suggest a higher weight limit. However, the Alliance is taking a pragmatic approach.
Any increase should also prompt a review of environmental barriers, including ramp tolerances and accessibility standards, rather than expecting wheelchair users to adapt to infrastructure designed primarily for able-bodied people.
Whatever reforms emerge from the consultation, the Alliance believes they must be communicated clearly, in plain English, to disabled people, healthcare professionals, law enforcement agencies, and industry so there is a shared understanding of how the legislation should be interpreted.
Looking beyond the consultation
Alongside the consultation, the Transport Research Laboratory (TRL) is developing an integrated micromobility framework that could shape the future regulation of powered mobility devices.
“A micromobility framework, if powered wheelchairs and power assist devices are included, would give sound structure and not stifle innovation. Innovation benefits all stakeholders," states Karen.
"An integrated framework has the potential to provide greater consistency for wheelchair users while avoiding the need for legislation to be continually amended as new technologies emerge. Any future framework must recognise the distinct needs of prescribed powered wheelchair users and manual wheelchair users using power assist devices.
"There is duplication between the current consultation and the work being undertaken by TRL. If an integrated micromobility framework ultimately incorporates powered wheelchairs alongside e-cycles, e-scooters, and other emerging transport technologies, it further strengthens the case for exempting prescribed powered wheelchairs from the current 'not in a class' category.
"Indeed, any future framework should provide greater clarity around CE recognition and ultimately replace, rather than sit alongside, the Use of Invalid Carriages on Highways Regulations, removing outdated terminology and unnecessary duplication."
Next steps
The government will now consider the consultation responses before deciding how to take forward any legislative changes. Alongside that process, work on the integrated micromobility framework continues, with TRL’s draft report under review by the steering group before comments are returned on 24 July. The Alliance has been assured that the two programmes of work are linked.
Whether the outcome is targeted amendments or broader reform remains to be seen. What is clear is that the consultation has moved the debate well beyond terminology to questions of classification, weight limits, licensing, product recognition, and the distinct regulatory position of prescribed powered wheelchairs.
Positive change will also ensure that the current discriminatory position – where disabled people are legislated differently, and more restrictively than able-body people – is removed.
It is also crucial that the mobility sector maintains pressure on the next steps following the consultation, given the changing political landscape and risks of ministerial change.
This article is co-authored by the Wheelchair Alliance and the British Healthcare Trades Association.