The situation in Hatne, Kyiv region, where a Peugeot driver hit two teenagers on a scooter on the main road, has brought the issue of rights and rules for electric scooter drivers back to the forefront. UNN, together with Ihor Yasko, managing partner of the "WINNER" Law Firm, looked into when an electric scooter is considered a vehicle, whether law enforcement can fine riders for traffic violations, and most importantly, at what age one can ride this means of transport.
When an electric scooter is considered a vehicle
Ihor Yasko explains: in the Ukrainian legal field, scooters and unicycles with an electric motor up to 1000 W and a maximum speed of up to 25 km/h are classified as light personal electric vehicles.
This means that a person operating an electric scooter is considered a driver and is obliged to follow traffic rules. If we are talking about a children's or household scooter, which is actually used as a leisure tool in a closed area, the question of legal qualification depends on its technical characteristics and the actual method of use. At the same time, judicial practice proceeds from the fact that an electric scooter can be recognized as a vehicle precisely by its functional features, and not just by its common name
Can the police stop electric scooter drivers
According to the expert, the police can stop a person moving on an electric scooter on public roads, because after legislative regulation they are participants in road traffic, and in some cases - drivers of vehicles.
In practice, this means that general grounds for stopping apply to them: traffic violations, involvement in a traffic accident, creating a danger for other road users, signs of intoxication, etc.
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Which traffic rules apply to electric scooter drivers
Yasko notes that the logic of the current regulation is that the rules for electric scooters are most closely aligned with the rules for cyclists. Therefore, electric scooter drivers should move primarily along bicycle paths or lanes, and in their absence - as close as possible to the right edge of the roadway.
On sidewalks, movement must not create obstacles or danger for pedestrians, and in pedestrian zones, the speed must be minimal and safe. Movement on motorways, high-speed roads, or in other places where such movement is expressly prohibited is not allowed
At what age can you ride an electric scooter
The lawyer says that in existing clarifications and practical recommendations regarding the road use of electric scooters, the benchmark is the age of 16 for independent movement in traffic conditions. For younger children, the use of an electric scooter is safer and more legally appropriate to consider only in closed areas, residential territories, or under constant adult supervision.
Separately, it is worth distinguishing between electric scooters and mopeds. The draft law submitted by the government regarding the reform of the driver's license system provides that from the age of 15 it will be possible to obtain the right to drive mopeds and certain light two-wheeled vehicles of category AM, but this does not mean the automatic extension of such a rule to all electric scooters
Who is responsible if a child was driving the electric scooter
Yasko notes that if an accident was caused by a child who has not reached the age of legal responsibility, the issue of their personal responsibility will be limited, but this does not exempt their parents or legal representatives from the consequences.
In a civil law sense, it is the parents, guardians, or other persons obliged to exercise supervision who may be liable for damage caused by a minor. In addition, parents can be held accountable for improper performance of duties regarding the upbringing of the child if it is established that they allowed dangerous use of the electric scooter, did not control the child, or actually allowed them to enter the roadway. In a media context, it is important to emphasize this especially: an electric scooter in the hands of a child on the road is not only a matter of child negligence, but also a matter of parental control
What speed limits apply in the city
According to the lawyer, the general approach to light personal electric vehicles in Ukraine is associated with a maximum speed of up to 25 km/h. In pedestrian zones, on sidewalks, near stops, schools, or in yards, the speed should be significantly lower so as not to create an increased risk for pedestrians.
Are a license or registration required
Yasko also adds that for most household electric scooters that meet the parameters of light personal electric transport, a driver's license and state registration are currently not required. But if the technical characteristics of the device go beyond these parameters, such transport may fall under the rules established for mopeds or other motor vehicles.
How accidents involving electric scooters are classified
He emphasizes that accidents involving electric scooters are classified according to general norms regulating road traffic accidents. If it is only about property damage, the consequences usually lie in the plane of administrative or civil liability; if there are bodily injuries or the death of a person, the norms of criminal legislation may be applied.
Judicial practice confirms that electric scooters are not perceived by courts as "toys" just because of the name - technical characteristics, speed, and use in road traffic are of key importance
Is equipment necessary
Summarizing, Yasko notes that today the requirements for equipment for electric scooter drivers are not written out in as much detail as for motorcyclists, however, recommendations for safe use directly indicate the expediency and actual necessity of a helmet, reflective elements, and functioning lights. For children and teenagers, a helmet, knee pads, and elbow pads should be considered a minimum safety standard, rather than an optional extra.
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