1. Introduction
1.1 For many people, mobility vehicles are integral to addressing mobility needs. For local journeys, they’re a practical alternative to a car and this is a prime reason for their increasing ownership and use. Our policy balances residents’ needs and aspirations to own mobility vehicles with health and safety concerns for other residents, staff, and visitors.
1.2 Our aim is to support independent living and protect and preserve the health and safety of all tenants and leaseholders living in council properties with communal areas, plus anyone else living, visiting or working there, while enabling the use of mobility vehicles for independent living.
1.3 This policy outlines the rules for Class 2 and Class 3 mobility vehicles in our homes. This includes powered wheelchairs, buggies, and scooters. Class 1 is manual wheelchairs, which aren’t covered by this policy. Adapted or specially designed motor vehicles for road use aren’t covered either. You can own and use manual wheelchairs and adapted cars without telling us.
1.4 Mobility vehicles are defined as ‘invalid carriages’ under the Use of Invalid Carriages on Highways Regulations 1988. The types covered by this Policy are:
- Class 2- Powered wheelchairs, mobility scooters and buggies (car shaped), intended for footpath use. They may also be used on the road to cross from one pavement to another or where no pavement is available. Maximum speed of 4mph/6kph. These scooters tend to be best for people who have some mobility but tend to tire easily and cannot walk far. Powered wheelchairs are generally for people who need them for daily use.
- Class 3- Includes mobility scooters and powered wheelchairs which can exceed a speed of 4mph/6kph but not more than 8mph/12kph, and for use on roads or highways. These must be fitted with a device to limit the maximum speed to 4mph/6kph when on footpaths. They are sturdier and tend to be used by people as a replacement for their car, and includes 6mph models
2. Relevant legislation
2.1 The Regulatory Reform (Fire Safety) Order 2005
2.2 Health and Safety at Work Act (1974): - Section 2.2 (d)
2.3 Electricity at Work Regulations (1989): -Strength and capability of electrical equipment 5.
2.4 Occupiers’ Liability Act (1957): - 2 Extent of occupier’s ordinary duty (2)
2.5 Management of Health and Safety at Work Regulations (1999).
2.6 Equality Act 2010
3. Policy details
3.1 If you live in a self-contained house or bungalow, you do not require our permission to have a mobility vehicle. It’s your responsibility to use it safely, store, charge, insure and licence it.
3.2 If you are a tenant or leaseholder and live in a flat or somewhere with communal areas, you need to get our permission:
- Before you keep a mobility vehicle on our premises
- If you have been assessed by the NHS as needing to use a Class 2 or 3 wheelchair
- If you already own a vehicle and are moving into a new flat.
3.3 The request for permission should include explanation about the type of vehicle, the method of storage and charging. Where adaptations are requested, these should be included within the initial request.
3.4 Before we decide if you can go ahead with having a mobility vehicle at your flat, we’ll assess risks such as:
- Access routes through communal areas of a scheme or block
- If it can be stored safely
- Capacity of the lift to cope with the weight and size of the vehicle
- Health and Safety
3.5 If we agree you can go ahead, we will grant the permission in writing to you setting out the terms for you to be observed. If the risks are too high, we may decide you’re not allowed to have a mobility vehicle. If you’ve been assessed as needing to use one, we’ll work with you to find a solution.
3.6 If you’re thinking of moving and have a mobility vehicle, please tell us. We’ll take it into account when advising you about moving.
3.7 If you have a Class 3 vehicle and use it on the road, you may also need to register it with the Driver and Vehicle Licensing Authority (DVLA). Contact the DVLA directly if you need advice on this.
3.8 The following sheltered housing schemes have bespoke, designated mobility vehicle storage and charging facilities:
- Douro Place
- Stone Road
- St James House
- Silkfields- two mobility storage containers
- Millers Lane- two mobility storage containers
3.9 Class 3 mobility vehicles shall be stored in the designated storage areas and in general will not be permitted in both dwellings and common parts of the buildings.
3.10 Use of Class 2 powered wheelchairs which have been prescribed will be allowed in dwellings and common parts of the premises but must not be stored in the common parts.
3.11 It is the responsibility of the customer to ensure that their mobility vehicle is subject to a servicing and maintenance regime that it is in line with the manufacturer’s recommendations. This shall include arrangements for PAT testing the equipment every 12 months. Evidence of a current safety test will need to be produced on request.
3.12 It is the owner’s responsibility to ensure mobility vehicle comply with the use of Invalid Carriages on Highways Regulations 1988.
3.13 Some mobility vehicles use lithium-ion batteries. These batteries are also used in many e-bikes and e-scooters. With the charging of any battery there is a corresponding fire safety risk. These batteries have been known to fail catastrophically, whereby they can ‘explode’ and/or lead to a rapidly developing fire. Please further advice on this with the National Fire Chiefs Council E-bikes and e-scooters fire safety guidance (nationalfirechiefs.org.uk). Please note, that charging of e-bikes, e-scooters and mobility vehicles is not permitted in communal areas under any circumstance.
3.14 We’ll consult residents when there’s a proposal to add a new mobility vehicle store or adapt existing space for vehicle storage. We may not be able to provide a store where the building design does not allow it, or the cost would be too high.
3.15 A charge may be made both for the storage and the use of electricity.
3.16 Whilst the council appreciates the role that mobility vehicles can play in maintaining independence for customers, it has a duty to consider the health and safety of all building users. In discharging this duty the council has to consider and do all that is reasonable to mitigate the risks to its assets and individuals that are caused by the use, storage or charging of mobility vehicles and similar devices in communal areas under its control. These include but are not limited to:
- Obstruction of communal passageways creating difficulties in access, particularly in emergency situations.
- Hazard to visually impaired people and others who may have mobility difficulties.
- Fire loading risk, when being charged or due to poor maintenance.
- Damage to fixtures and fittings when they are used in buildings without adequate turning circles and for which their use was not designed.
3.17 For the above reasons, under no circumstances will we allow mobility vehicles to be parked, stored or charged in any of the communal areas or escape routes (see definitions above) of our general needs or sheltered housing flatted blocks.
3.18 If it has been identified that there is not adequate space and it is not safe to do so then we will not allow mobility vehicles to be parked, stored or charged in the domestic dwellings of our general needs or sheltered housing flatted blocks.
3.19 Where the council becomes aware that mobility vehicles or similar devices are stored or being charged in communal areas, or that their use is causing damage to the property, it will in the first instance seek to identify the individuals responsible (sending general letters to all customers in the building when this is not known).
3.20 We’ll try to work with the individual to find solutions to the problems caused, considering individual circumstances including referral to relevant organisations including Occupational Therapists and social services.
3.21 Under no circumstances will we grant permission for the device to be stored or charged in the communal parts of the building and residents will be advised of this stance verbally and in writing and will be expected to prevent this happening again.
3.22 Where residents persist in this behaviour despite reasonable attempts to find alternative solutions and when verbal and written warnings have been ignored, the council may be required to take enforcement actions. This could take the form of:
- Injunctions or tenancy enforcement actions.
- Removal of the item, in which case a notice will be served on the resident and the customer will have 28 days to collect the item before we dispose of it permanently.
3.23 It’s your responsibility to dispose of your vehicle if you no longer want it and let us know. If we think a vehicle has been abandoned, we will try to identify the owner. If we’re unable to do that we’ll follow our communal area policy. This means we’ll post a notice on the vehicle and can remove and dispose of it if no one contacts us.
3.24 The council reserves the right to recharge the customer or leaseholder for any of the costs associated with the above actions including any legal or storage costs incurred.
3.25 The council may also pursue recharges where it can be proved that those using mobility vehicles in its properties have caused damage to the building or any fixtures supplied by us.
3.26 We reserve the right to immediately move your vehicle without your permission from a communal area or store if it is causing a hazard.
3.27 All tenants or leaseholders living in a communal property will be responsible for ensuring any visitor to their home adheres with the mobility vehicle procedure. All visitors must find a safe location to park their mobility vehicle that is outside the communal or shared areas and does not cause any obstruction within the property during visits. Any resident whose visitors fail to do this will be held responsible.
4. Review
4.1 We will review this policy to address legislative, regulatory, best practice or operational issues, otherwise every 3 years.
Published: 20 September 2024
Next review date: 20 September 2027
