In Ukraine, electric scooters and bicycles are officially equated to vehicles, so driving them while intoxicated or under the influence of drugs is punished as severely as for car drivers. Judicial practice shows that intoxicated electric scooter drivers are fined 17,000 hryvnias and deprived of their driving rights, and responsibility extends even to teenagers. This was stated in a comment to UNN by Igor Yasko, a lawyer at the "Winner" law firm.
Details
In Ukraine, over the past year, judicial and police practice in the field of electric scooters and bicycles has fundamentally changed: now the consequences of driving these vehicles while intoxicated can be as severe as for car drivers.
For example, in Lviv, a student was fined and deprived of his driver's license for driving an electric scooter while intoxicated.
The case materials indicate that the student was driving a "Bolt B2226" electric scooter with signs of alcoholic intoxication (smell of alcohol from the oral cavity, behavior inconsistent with the situation, impaired coordination of movements). He refused to undergo an examination for intoxication in the manner prescribed by law, which was recorded by a body camera, thereby violating paragraph 2.5 of the Traffic Rules of Ukraine, and committing an administrative offense provided for in Part 1 of Article 130 of the Code of Administrative Offenses.
Also in Kyiv, a woman lost control of an electric scooter and fell in the middle of the road. There were no injuries, but the woman was fined a considerable amount.
Patrol officers who were near the incident approached to make sure the woman didn't need help and found clear signs of alcohol intoxication. The woman was fined 17,000 hryvnias and deprived of the right to drive vehicles for a period of one year.
So, can electric scooters be considered vehicles?
Electric scooters are recognized as vehicles in accordance with updated legislation. The definition includes all electric wheeled devices with a power of up to 1000 W and a maximum speed of up to 25 km/h. This means that electric scooter drivers are subject to a whole range of traffic rules and responsibilities, just like for ordinary vehicles.
For example, the Ivano-Frankivsk City Court closed the case against a resident of Prykarpattia who was fined by the police for driving an electric scooter while intoxicated.
The court ruled that a scooter is not a vehicle, so its driver does not fall under the article that provides for punishment for driving while intoxicated or under the influence of drugs.
The case materials do not contain any identifying features of the electric scooter. The defender indicated that its model is similar to the Kugoo M4 scooter model, which has a motor with an electric motor power of 0.5 kW. This indicates that the Bolt electric scooter does not belong to a mechanical vehicle.
According to Yasko, the police have every right to stop electric scooter drivers who are moving on public roads. Drivers of these personal electric vehicles are obliged to comply with traffic rules (in particular, not to carry passengers, not to drive while intoxicated, not to drive on sidewalks), and ignoring them is a formal reason for stopping and checking for intoxication.
Can a bicycle be considered a vehicle? What is the responsibility for driving while intoxicated?
A bicycle is definitely a vehicle according to the Traffic Rules of Ukraine. A cyclist who is in a state of alcoholic/narcotic intoxication on a public road is subject to administrative responsibility.
He notes that for the first violation, a fine of 680 hryvnias is provided. If an emergency situation is created, a fine of 850 hryvnias or community service.
For electric scooter drivers (as well as motorists) under Article 130 of the Code of Administrative Offenses - a fine of 17,000 hryvnias and deprivation of the right to drive all vehicles for a year (even if there is no license, but there is a court decision).
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Responsibility of underage drivers while intoxicated
Yasko notes that if a teenager (under 18) drives an electric scooter or bicycle while intoxicated on the roadway, two models of responsibility apply to him:
- under 16 years old: parents or guardians are responsible - Article 184 of the Code of Administrative Offenses (violation regarding upbringing, fine up to 1700 hryvnias);
- 16-18 years old: the teenager bears administrative responsibility independently.
The court (as in the case of adults) can fine a minor and even temporarily restrict their right to drive. If a driver's license has not yet been obtained, such a right may be restricted in the future, and data on the offense recorded in the court register.
Judicial practice
Judicial practice has already confirmed: an electric scooter is a full-fledged participant in road traffic. In Lviv and other cities, students who fell under the action of Article 130 of the Code of Administrative Offenses were repeatedly fined and deprived of their driving rights.
A cyclist in a state of intoxication is also subject to a fine. The police's actions are completely legal regarding stopping, checking, and bringing to justice all road users - both adults and teenagers who violate traffic rules and are in a state of intoxication.
An electric scooter and a bicycle are full-fledged vehicles in the understanding of traffic rules, and violations of rules or driving while intoxicated entail administrative (and for teenagers, in part, parental) responsibility on a par with motorists. The police have the right to stop, check, and fine such drivers according to all the rules of the law.