The warm May weather offers us many opportunities: get ready to walk until the night, have fun at picnics with friends and try any activity that can only be appreciated when it’s +20 and the sun is shining. A bicycle, an electric scooter, a segway, a unicycle – saddle a two-, three- or four-wheeled horse and ride into adventure!
But always remember – you love to drive, carry sleds, and also follow the rules of the road.
In the summer of 2021, the traffic police published on its website a list of rules for using SIM (individual mobility vehicles). These include roller skates, scooters, electric scooters, skateboards, gyroscopes, segways, unicycles.
According to the state traffic inspectorate, SIM is a potential hazard – because such a vehicle develops significant speed and can injure a pedestrian. At the same time, from the point of view of traffic rules, a person using a SIM is equal to a pedestrian and must comply with the relevant rules: within pedestrian zones it is allowed to move along sidewalks, pedestrian and bicycle paths, and also in places where there is no transport – in parks, squares along the embankment.
SIM holders are prohibited from entering the road (the ban does not apply to those over 14 years old in the absence of sidewalks and paths). Also, according to the rules, the maximum speed of the SIM is 25 km / h.
For several years, Russia has been debating the issue of introducing electric scooters, unicycles, gyro scooters and other vehicles into traffic rules under the status of “vehicle”. And only recently these disputes reached a new level – the proposal to change the traffic rules reached the Supreme Court.
If electric scooters and other SIMs are considered vehicles, completely different rules will apply to their owners. Which ones – we deal with lawyers.
Elena Buryak, lawyer at Yustori
Even now, in the practice of Moscow courts, electric scooters are actually equivalent to vehicles, for example, if scooter drivers are required to undergo a medical examination.
There is also a jurisdiction where drivers on electric scooters and other SIMs are considered pedestrian only. A recent Supreme Court decision noted that the technical performance of such vehicles is within the threshold limits for a moped or motorcycle. The design and technical characteristics of such vehicles predetermine the danger of causing a high degree of harm to the life and health of citizens. In fact, in this case, the electric scooter is recognized as a vehicle.
Currently, there are some rules in the current legislation to which SIM can really be attributed to vehicles. Judicial decisions justify this understanding in practice only in certain situations.
The rules of the road define the concept of “moped” – this is a two- or three-wheeled mechanical vehicle with a maximum design speed not exceeding 50 km / h, engine power not exceeding 50 cubic meters. cm or an electric motor of more than 0.25 kW and less than 4 kW.
Some models of electric scooters and unicycles, in terms of their characteristics, largely conform to the concept of a moped as defined by law. Therefore, if a requirement arises in the law to obtain the right to use this vehicle, there will be sufficient right to use a moped.
In addition, if electric scooters, unicycles, segways are legally classified as vehicles, drivers can be held administratively liable, from violating road rules to deprivation of a license.
Mark Savin, private attorney, blogger
For a long time, electric scooters were equated with ordinary scooters and there was no information about the capacities allowed by law. However, models with more than 250 W of power and speeds of over 50 km/h have been introduced, which can cause a fatal accident. It is on them that you pay attention and comply with the current traffic rules and the clause about the duties of the drivers.
First of all, age restrictions on the use of such electric scooters and the rules of movement on the road will be affected.
As soon as legal restrictions come into force, drivers can be punished for violating traffic rules in accordance with the current articles of the Code of Administrative Offenses: in particular, Part 1 of Art. 12.30 Administrative Rule violation requires an administrative fine.
The perpetrators of accidents with more serious consequences will be prosecuted. So, part 1 of Art. 264 of the Criminal Code of the Russian Federation threatens to unintentionally cause grievous bodily harm to the perpetrator of the accident – imprisonment from 6 to 36 months or corrective work up to two years.
If the mode of transport is taken under the control of traffic rules, high-capacity models may not be used at rental points or may become limited. For example, models with more than power rating will not be rented to persons younger than 16 years old.
Nadezhda Bushueva, lawyer
If electric scooters, unicycles and segways are considered vehicles, they will be subject to the rules of the road established by the Decree of the Government of the Russian Federation of October 23, 1993 No. 1090 “On the Rules of the Road”. “General Duties of Drivers”. In the new edition”.
You will need a category M license to drive this type of transport. You can get it from the age of 16.
I think that if the new rules come into force, the demand for rental of electric scooters and other SIM devices will decrease, because, firstly, a driver’s license of category M will be required to drive this type of transport, and secondly, the norms Chapter 34 of the Civil Code of the Russian Federation § 3 “Car rental” will apply to This means that they will make a lease agreement with the car renters. And here it will be important to carefully read the contract. Ignorance of the circumstances will lead to problems: fines, fines, account blocking, car eviction. Not everyone is ready to take such a responsibility.
Source: People Talk
