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LV portal in publication “How to register an electric scooter” already wrote that Road Traffic Law in the amendments that entered into force on July 6, 2023, it was determined that the registration of electric scooters is mandatory from January 1, 2024. At the same time Road Traffic Law (CSL) Transitional Provisions in paragraph 63 it was intended that electric scooters should be registered by March 31, 2024. This means that from April 1, 2024, it is prohibited to use unregistered electric scooters in road traffic.
Definition of electric scooter
According to the terms used by CSL An electric scooter is a vehicle equipped with an electric motor:
- the maximum speed of which is designed does not exceed 25 km/h;
- to whom no pedals;
- who intended for one person;
- who equipped with steering wheel or armrestwhich is mechanically connected to the leg support surface.
“The term “electric scooter”, including the requirement that only a vehicle with a maximum design speed of 25 km/h is recognized as an electric scooter, was introduced long ago (than the requirement to register electric scooters – ed. note), t. i., ar Road Traffic Law amendments (hereinafter – CSL amendments), which entered into force on April 20, 2021, and which at the same time established the voluntary registration of the electric scooter,” says the assistant attorney at law firm WIDEN Aneta Boze.
Also Deputy Director of the Department of Public Transport Services of the Ministry of Transport (MoT). Jānis Kalniņš draws attention to the fact that “the certain speed at which an electric scooter is defined (25 km/h) was included in the definition of an electric scooter already in 2021, correspondingly even then it was foreseen that the definition of an electric scooter corresponds to tools whose maximum speed does not exceed 25 km/h h”.
“When determining the mandatory registration of electric scooters, the previously provided definition framework was maintained. At the moment, certain conditions (power, seat) that characterize an electric scooter are being clarified, but they do not change the use of this vehicle and the criteria for participation in road traffic,” says the representative of the SM.
The definition of an electric scooter is planned to be clarified
During the creation of the publication, the Subcommittee on Criminal Law and Penal Policy of the Legal Commission of the Saeima was preparing for the third reading the bill “Amendments to the Road Traffic Law”with which, among other things, changes are planned both in the definition of an electric scooter and in the application of administrative penalties to drivers of electric scooters.
Currently, the Saeima commission supports the following definition of an electric scooter:
Elektroskrejritenis – with an electric motor or electric motors whose total maximum power does not exceed one kilowattequipped two-wheeled a vehicle designed for a maximum speed not exceeding 25 kilometers per hour, without pedals, intended for one person and equipped with a steering wheel or hand rest mechanically connected to the foot support surface. The electric scooter can be equipped with a seat whose height does not exceed 540 millimeters.
Why the 25 km/h limit
The representative of the Ministry of Transport emphasizes that the purpose of the initial regulation developed more than four years ago was to ensure road safety for all road users, especially pedestrians. “It should be taken into account that the regulatory framework allows movement with an electric scooter also on sidewalks. Thus, in such situations, it is primarily necessary to ensure that no danger is created for pedestrians moving along the sidewalk,” reminds J. Kalniņš.
However, in the annotation of the aforementioned amendments to the law, there is no argument why only such a means of transportation should be considered as an electric scooter, the maximum speed of which does not exceed 25 km/h.
Sworn attorney’s assistant A. Bože admits that the set limit could be related to the standard EN 17128:2020 “Light motorized vehicles intended for the transport of people and goods, as well as related objects, which do not have the necessary type approval for road use. Personal Light Electric Vehicles (PVET). Requirements and test methods’1. The standard does not apply to such electric vehicles, whose design maximum speed exceeds 25 km/h.
“Almost everywhere in Europe, similar speed limits are set for e-scooters, including the design speed of e-scooters.2 The usefulness of the designed speed limit has been explained by the European Transport Safety Council (European Transport Safety Council): “Speed limits are best obeyed if they are controlled by the design of the electric scooter. This means that the restriction does not depend only on the driver’s actions.”3 Thus, the maximum speed limit for electric scooters provided in the design can be an effective way to improve traffic safety,” said A. Bože.
What speed can be developed on a bicycle
In public discussions on social media, there has been confusion as to why such a speed limit is not applied to bicycles capable of speeds exceeding 25 km/h. Does this not put bicycle and e-scooter drivers in an unequal situation?
In response to this question, the representative of the Ministry of Transport, J. Kalniņš, states that “the definition of a bicycle also states: its speed, if equipped with an electric motor, must not exceed 25 km/h, but if the speed exceeds 25 km/h, then the electric motor drive must be unlocked”.
CSL determines – a bicycle is a vehicle powered by human muscle power using pedals or handles. The bicycle may be equipped with an electric motor, the main function of which is to assist pedaling or turning the handlebars, the power of which does not exceed one kilowatt, and which switches off when the vehicle reaches a speed of 25 km/h or when the rider of the bicycle stops pedaling or turning the handlebars.
“A physically stronger cyclist could theoretically develop a speed higher than 25 km/h, however, most cyclists with their muscle strength do not move faster than 25 km/h in everyday road traffic, and an everyday cyclist can develop a higher speed only for a short time. The opposite is true for vehicles equipped with an electric drive, taking into account that there is no such limitation as the physical abilities of each driver, therefore the risk of exceeding the speed is significantly higher,” the SM representative explains to the LV portal.
A. Bože also expresses a similar opinion, justifying it with the European Transport Safety Council (European Transport Safety Council) collected information that 20 km/h is faster than the average speed of many pedal bicycles in cities. “The average speed of bicycles between the ages of 18 and 29 is 18.2 km/h for men and 16.9 km/h for women.4 In other words, the bicycle cannot exceed a driving speed of 20 km/h under normal conditions. Thus, there is no valid argument that e-scooter drivers would be discriminated against in this way, comparing them to bicycle drivers,” says the attorney’s assistant to the sworn attorney.
In addition, J. Kalniņš recalls an important nuance – both electric scooters and bicycles are allowed to ride on pedestrian sidewalks in certain cases. A situation where, parallel to the movement of pedestrians, other vehicles moving at a speed greater than 25 km/h pose a danger to pedestrians is not allowed.
If the maximum speed provided for in the structure exceeds 25 km/h
If the electric tool travels faster than 25 km/h, then it cannot be considered an electric scooter, explains J. Kalniņš.
“Unfortunately, some dealers misled buyers by calling electric scooters such vehicles that develop speeds of 35 km/h, 45 km/h and even 70 km/h!” he concludes.
If the speed of the vehicle is above 25 km/h, but does not exceed 45 km/h, then the vehicle in question meets the definition of a moped: “It is a moped, which must also be registered as a moped.”
Accordingly, the moped must be driven on the roadway (together with cars, buses, etc.), it is forbidden to drive it on the sidewalk. When driving such a vehicle, you must wear a helmet, you must have civil insurance, as well as a license of the appropriate category.
On the other hand, if the speed of the vehicle is over 45 km/h, it must be registered as a motorcycle. The driver of a motorcycle also needs a license of the appropriate category, must have civil insurance, undergo a state technical inspection, etc. etc., according to the representative of the MoU.
According to the Road Traffic Law:
- two-wheeled moped is a two-wheeled motor vehicle, the maximum engine power of which does not exceed 4 kilowatts, the maximum speed of which is designed to exceed 25 km/h, but does not exceed 45 km/h and the working volume of the engine does not exceed 50 cubic centimeters, if the said vehicle is equipped with a spark-ignition type engine;
- motorcycle is a two-wheeled motor vehicle (with or without a sidecar) that is not classifiable as a moped (this term also applies to snowmobiles).
If the speed of the vehicle slightly exceeds 25 km/h
J. Kalniņš invites those drivers, whose driving speed slightly exceeds 25 km/h, to contact the dealer or manufacturer of the driving device with the question of whether it is possible to carry out a conversion and limit its speed and power.
As the SM representative explains, it will be necessary to prove such conversion during registration, where a check will be made to see if the speed of the vehicle does not exceed 25 km/h. “After registration, these restraints must not be removed. Further, road traffic tests are also planned – if the speed is higher, a fine will be applied,” emphasizes J. Kalniņš.
A car cannot be compared to an electric scooter
“If your priority is traffic safety and you agree with the axiom “One law – one justice for all”, then from which year the car will not be able to receive a technical inspection if the engine can “squeeze” more than 90 km/h?” this question was asked by a social media user who owns an electric scooter that cannot be registered at the Road Safety Directorate (CSDD) to the Minister of Transport Kaspars Briškens.
The LV portal asked sworn attorney’s assistant A. Boži to comment on whether a car can be compared to an electric scooter in the relevant situation and whether, on the basis of discrimination, an appeal to the Constitutional Court would be successful. After all, Constitutions in Article 91 is provided: “All people in Latvia are equal before the law and the court. Human rights are exercised without any discrimination.”
The principle of equality contained in the article of the Constitution prevents state institutions from issuing such norms that, without a reasonable basis, allow different treatment of persons who are in the same and comparable conditions according to certain criteria. This principle allows and even requires different treatment of persons in different circumstances, and also allows different treatment of persons in the same conditions, if there is an objective and reasonable basis for this.5 Different treatment does not have an objective and reasonable basis if it does not have a legitimate goal or if there is no proportionate relationship between the means chosen and the goals set.6
“The speed limit designed for cars and motorcycles, as well as other similar vehicles, has not been determined, however, it should be taken into account that cars and motorcycles under normal conditions do not move along the sidewalks with pedestrians, as is allowed for electric scooters,” says A. Bože.
A sworn lawyer’s assistant draws attention to the fact that electric scooter users, unlike car drivers, take the impact themselves, they are not protected by a metal body, therefore a car is not a comparable vehicle to an electric scooter.
Also, the different age from which it is allowed to use different vehicles should be taken into account.
“For example, it is allowed to drive an electric scooter from the age of 14 with a license for driving a bicycle or any other category of vehicle. Also, from the age of 14, it is allowed to drive a two-wheeled moped, which is a two-wheeled motor vehicle, the maximum engine power of which does not exceed 4 kilowatts, the maximum speed of which is designed to exceed 25 kilometers per hour, but does not exceed 45 kilometers per hour, and the working volume of the engine does not exceed 50 cubic centimeters, if the mentioned the vehicle is equipped with a spark ignition type engine. On the other hand, from the age of 18 it is allowed to drive a passenger car, and from the age of 24 – all motorcycles without power limit,” explains A. Bože.
She emphasizes that depending on the type of vehicle being driven, the complexity of the training and exam also varies. Higher power vehicles are allowed to be driven from an older age, with the requirement of obtaining appropriate training and passing exams.
“Considering that electric scooters are allowed to be driven from a young age, i.e. i.e., 14 years, then such safety measures as the maximum designed speed can also be applied to driving such a vehicle,” A. Bože is convinced.
According to her, the mentioned circumstances are not exhaustive, but nevertheless outline the reasons that could be the basis for not recognizing different types of vehicles as being “in the same or comparable circumstances”. Thus, according to her, it is unlikely that an appeal to the Constitutional Court based on discrimination would be successful.
Is it possible to infringe the rights of private individuals less?
In A. Bože’s view, the legislator probably should have evaluated the procedure for dealing with those electric scooters that were purchased before the specified limit for participating in road traffic for such electric scooters that exceed 25 km/h: “That is, whether these electric scooters cannot be adjusted accordingly so that their speed does not exceed 25 km/h, and after making this adjustment, to enable them to be registered and used in road traffic, thus achieving an identical result that would less infringe on the rights of private individuals.”
Perhaps the legislator should have evaluated the ban on moving with electric scooters on sidewalks, allowing to move with them only on the roadway, therefore the maximum speed limit could be canceled, thus simultaneously ensuring the safety of pedestrians, as well as not limiting the maximum speed of electric scooters, considers A. Bože.
According to her, the application of different requirements for electric scooter drivers of different ages could also be considered a less restrictive measure.
At the same time, a sworn lawyer’s assistant points out that any restrictions are effective only if the law enforcement authorities also carry out real control and apply real punishments to violators.
“Road traffic safety largely depends on road users’ own understanding of safety, as well as a respectful attitude towards other road users. The long-term goal of the European Union by 2050 is to get as close as possible to zero fatalities in the field of road transport (“Vision Zero” (Vision Zero)),7” explains A. Bože, hoping that the introduced restrictions on the use of electric scooters will also be effective and help to achieve this.
2 https://www.evz.de/en/reisen-verkehr/e-mobilitaet/zweiraeder/e-scooter-regulations-in-europe.html (viewed on 18.04.2024).
3 https://etsc.eu/recommendations-on-safety-of-e-scooters/ (viewed on 18.04.2024).
4 Ibid.
5See, for example, the judgment of the Constitutional Court of October 11, 2017 in case no. 2017-10-01 Clause 18.
6See, for example, the judgment of the Constitutional Court of June 29, 2018 in case no. 2017-25-01 Clause 25.
7 https://cinea.ec.europa.eu/publications/eu-road-safety-towards-vision-zero_en (viewed on 18.04.2024).
