Believe what I've written: drunk electric scooter driver was stripped of his license
Driving under the influence of an electric scooter or an electric scooter, the power of which exceeds the limit set in the traffic regulations for SIM, threatens with disqualification and a heavy fine. This decision was made by the Supreme Court of the Russian Federation. At the same time, expert examinations are not required to confirm the power of this technique, the judges clarified. The issues of holding drivers of such devices accountable are complicated by the lack of clear criteria for their graduation, as well as requirements for certification of such equipment, lawyers and experts say. Details can be found in the Izvestia article.
Tipsy with the breeze
In the Nizhny Novgorod region, traffic police officers stopped an electric scooter driver with signs of intoxication. He refused to undergo a medical examination. According to the data indicated on the electric motor, the police found that the power of this device is 500 watts, which is twice the limit (250 watts) set in the traffic regulations for personal mobility equipment (SIM). Since, according to its technical characteristics, this electric scooter is not a SIM, but falls under the category of "moped", administrative materials were drawn up against the driver under Part 1 of Article 12.26 of the Administrative Code of the Russian Federation "Failure by the driver of the vehicle to undergo a medical examination for intoxication." As a result, the magistrate's court stripped the electric scooter driver's license for a year and a half and fined him 30 thousand rubles.
The driver did not agree with this decision and tried to appeal it. As an argument, he pointed out that no expert examination had been carried out to determine the power of the device. However, the Balakha City Court and the First Court of Cassation of General Jurisdiction disagreed with this argument and upheld the decision of the lower instance. As a result, the convict filed a complaint with the Supreme Court (Supreme Court of the Russian Federation).
Expertise is not needed
Having reviewed the case file, the Supreme Court of the Russian Federation found no grounds to satisfy the complaint. He noted that the Aceline x9 plus electric scooter, which was driven by the driver, has a 500-watt motor. This indicates that, according to its technical characteristics, this device belongs to vehicles, "the right to drive which must be confirmed by a driver's license of the appropriate category," the court stressed.
"The technical characteristics of the electric scooter were indicated by the manufacturer on the information plate installed on it, as explained by the traffic police officer during the examination of the case, <...> as well as in the operating manual provided with other case materials. No grounds have been established for the appointment of a forensic technical examination in the case," the Supreme Court said in a ruling.
As indicated by the Supreme Court of the Russian Federation, the legality of bringing the driver to administrative responsibility is beyond doubt. Therefore, the complaint was refused, and the decisions of the lower courts were upheld.
"A scooter is not a car"
Based only on the data on the technical characteristics of the device indicated on the nameplate on the electric scooter itself, as well as in its operating manual, the Supreme Court made a formal decision, said Sergey Radko, a lawyer for the Freedom of Choice movement. In his opinion, in this case, in order to establish the power of the device, it was still necessary to conduct a technical examination.
— A car or motorcycle is subject to mandatory certification, during which the engine power specified in the vehicle documents is determined. Electric scooters are not certified, so the manufacturer can specify anything on the device itself or in the operating instructions. The actual power of such equipment may well be both higher and lower than stated. It can only be established by conducting an appropriate examination," Sergei Radko told Izvestia.
From the point of view of safety for others, driving drunk with any equipment and devices, regardless of their category and technical characteristics, is unacceptable and should be severely suppressed by law enforcement agencies, says Maxim Kadakov, editor-in-chief of Za Rulem magazine. Therefore, based on this position, by rejecting the complaint of an intoxicated electric scooter driver, the Supreme Court acted fairly, guided primarily by road safety issues, he noted.
How to check
Questions regarding the prosecution of drivers of electric scooters and other SIM devices are related to the lack of a clear gradation of this technique and mandatory requirements for its certification, experts interviewed by Izvestia believe. According to Sergei Radko, even if the court had ordered an expert examination to determine the power of the electric scooter, the question would inevitably arise: where and how to conduct it.
— For cars and other vehicles, these requirements have long been prescribed. As for SIM cards, there are no uniform standards for checking their power or other characteristics," the lawyer noted.
Maxim Kadakov also believes that to a large extent, issues related to SIM are related to the lack of clear and understandable requirements for their gradation and parameters of these devices.
— Problems arise even with mopeds with internal combustion engines. The claimed engine volume can be 49 "cubes", however, after installing another cylinder head, its "cubic capacity" increases by one and a half to two times. But if such a "tuning" can still be noticed, then everything is much more complicated with electric motors. A small motor can have high power, while a large motor can have low power. At the same time, you can write anything on it: it is almost impossible to verify the data. Therefore, traffic police have to believe what is written," Maxim Kadakov told Izvestia.
The establishment of clear criteria and parameters for SIM will not only streamline the issues of bringing to justice people who operate such equipment while drunk, but will also help to resolve a lot of other issues. For example, where and at what speed you can ride an electric scooter or electric scooter.
Igor Morzharetto, a member of the Presidium of the Public Council under the Ministry of Internal Affairs of the Russian Federation, shares a similar point of view. Practice shows that the requirements for the SIM specified in the traffic regulations and other regulatory documents are not enough to resolve all issues related to this technique, he believes.
— First of all, we need parameters that are understandable to everyone, which would relate electric scooters and other similar devices to a particular type of vehicle.: This is a SIM, this is an electric moped, this is an electric motorcycle. In addition, uniform rules for certification and verification of such equipment are needed. This will help to remove questions about which type of such devices and with which category of rights can be controlled, and will also allow for better control over compliance with restrictions for one type or another of such equipment," Igor Morzharetto told Izvestia.
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