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Legal aspects on electric skateboards

Legal aspects on electric skateboards

Is it necessary to have a driving license to use electric scooters that exceed 25 km / h? 

According to the Judgment issued by the Provincial Court of Cáceres, "electric scooters that exceed 25 kilometers / hour speed or 1000 watts of power are mopeds and for their use you need a driving license." Therefore, driving an electric scooter that exceeds this speed is considered a moped and for its driving it is required to have a permit or license.

On the other hand, the legislator in the Royal Legislative Decree 6/2015, of October 30, which approves the consolidated text of the Law on Traffic, Traffic, Motor Vehicles and Road Safety, considers that a moped is a vehicle with two wheels, with a maximum speed of 45 km / h or with a nominal continuous power equal to or greater than 4 kW if it is an electric motor.

What does the DGT think about personal mobility vehicles?

So far the regulation on the use of electric scooters has been regulated at the municipal level in cities such as Madrid or Barcelona, ​​where they have created municipal ordinances in this regard.

According to the DGT, infractions committed with a Personal Mobility Vehicle, such as an electric scooter, will not result in the loss of points. Whenever it is a vehicle with one or more wheels, equipped with a single seat, and propelled exclusively by electric motors, which can provide a maximum speed, between 6 and 25 km / h.

The problem occurs, when the vehicle does not meet the minimum requirements that are imposed on Personal Mobility Vehicles, because they develop a speed greater than 25 km / h. In that case, and depending on the other characteristics, you will need a driving license, or even an administrative authorization to circulate.

For this type of vehicles, which do not comply with the consideration of VMP, a driving ban is established. In case of default the offender may be subject to an economic penalty of 500 euros.

Can I drive through pedestrian areas with an electric scooter?

Another aspect to take into account is the movement on sidewalks or pedestrian areas, a very conflictive aspect, where a large part of the accidents and incidents related to the use of these vehicles are concentrated. The DGT points out that pedestrian zones are exclusive circulation spaces for pedestrians. It provides that the circulation of all kinds of vehicles on sidewalks and other pedestrian areas is prohibited.

Is it mandatory to undergo alcohol and drug tests when driving an electric scooter?

It is established the obligation to undergo tests of alcohol and drug presence rates to drivers of scooters or electric bicycles. Therefore, drivers of this type of transport are not exempt from undergoing these tests. The general rate of 0.25 milligrams of alcohol per liter of exhaled air will be taken as a basis and the immobilization and deposit of the vehicle may be carried out, as regulated by the Traffic Law. In the event that drivers undergoing alcohol or drug detection tests show a positive result, the economic penalty ranges from 500 euros to 1000 euros, as appropriate.

Other important aspects are the prohibition of the use of the mobile phone while driving. Similarly, the movement of two people on a scooter will, when exceeding the maximum number of occupants, a penalty of 100 euros. The use of headphones connected to sound reproducing devices will result in a penalty of 200 euros.

Is it mandatory to wear a helmet and lights?

The General Directorate of Traffic has not regulated the mandatory use of a helmet, or other protective elements, leaving it in the hands of municipal ordinances. Therefore, the aspect related to personal safety of drivers is established in the respective municipal ordinances of the cities of Madrid and Barcelona.

On the other hand, when traveling at night or in situations of poor visibility, it will be necessary to have some type of lighting and, in addition, to wear garments, or reflective elements that allow to be seen by the rest of the drivers. Since if these requirements are not met, a penalty of 200 euros can be imposed. 

Are we responsible for the parents of a minor who commits a violation? 

When a minor is the author of an infraction, the parents must respond jointly and severally to the fines that may be imposed.

Add that conventional car insurance does not cover these economic penalties or the civil liability mortgage that may arise from the damages caused.

Contact us, and our lawyers specializing in civil law will study your specific case. 

At Forcam Abogados we have offices in Barcelona, Tarragona, Reus and Tarrega.