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- Riding into the unknown: in Russia, the driver was acquitted of an accident with an electric scooter
Riding into the unknown: in Russia, the driver was acquitted of an accident with an electric scooter
A motorist is not obliged to give way to a user of an individual mobility aid who enters the roadway in violation of traffic regulations. That's the conclusion reached by the Supreme Court, which acquitted the driver of the car that SIM crashed into. Experts believe that poor knowledge of traffic rules by people riding electric scooters and bicycles leads to such incidents. Details can be found in the Izvestia article.
I turned without missing it
In August 2023, on one of the capital's streets, when turning into the courtyard, the driver of the car did not miss an electric scooter traveling in the same direction along the roadway to the right of the car. As a result of the collision, the driver of the vehicle flew over the hood of the car and received moderate injuries.
The Izmailovsky District Court of Moscow found the driver of the car to be the culprit of the accident and, according to Part 2 of Article 12.24 of the Administrative Code of the Russian Federation, deprived him of his rights for a year and a half. The motorist did not agree with this decision and challenged it first in the Moscow City Court, and then in the Second Court of Cassation of General Jurisdiction. However, both instances upheld the original decision, so the driver filed a complaint with the Supreme Court (SC RF).
SIM doesn't belong here
After reviewing the case file, the Supreme Court of the Russian Federation disagreed with the decisions of the lower authorities and noted that, according to the diagrams of the accident site and the photographs attached to the case, a 2.7 m wide sidewalk is located parallel to the carriageway of the road on which the collision occurred. However, the question of whether the driver of the electric scooter had the opportunity to move along it, "was not investigated by the judicial authorities and did not receive any assessment."
"In accordance with paragraph 24.2(1) of the traffic Regulations, persons over the age of 14 using personal mobility aids are allowed to move, in particular along the right edge of the carriageway, provided that the following conditions are met simultaneously: there are no bicycle and pedestrian paths, a lane for cyclists, a sidewalk, a footpath, a curb, or there is no opportunity to move according to them," the Supreme Court ruling says.
The Supreme Court of the Russian Federation noted that the lower authorities had not taken measures "for a comprehensive, complete and objective review of the case," and "the causal relationship between traffic violations and the resulting harm to health has not been reliably established."
As a result, the Supreme Court decided to satisfy the complaint, overturn the decisions of the lower courts and terminate the proceedings on the administrative offense.
By analogy with cars
The decision of the Supreme Court does not indicate the innocence of the driver of the car, but only the lack of proof of his guilt, said Sergei Radko, a lawyer for the Freedom of Choice movement.
— According to the traffic regulations, the person driving the SIM is allowed to move on the right side of the roadway only in the absence of a sidewalk, pedestrian or bicycle path. Having entered the roadway, the driver of the electric scooter in this case violated the traffic regulations himself. However, the motorist had to make sure of his safety before performing the maneuver. It could well be the mutual fault of both participants in the accident," Sergei Radko told Izvestia.
Since, as follows from the case file, no car technical examination was carried out, the Supreme Court did not make a decision on determining the culprit of this incident, but overturned the decisions of the lower authorities, the lawyer noted. According to the decree of the Supreme Court of the Russian Federation, the seized driver's license must be returned to the motorist, Sergei Radko emphasized.
The means of individual mobility themselves appeared on the streets relatively recently, as well as the requirements for their operation in traffic regulations, said Igor Morzharetto, a member of the presidium of the Public Council under the Ministry of Internal Affairs of the Russian Federation. Therefore, there is still little law enforcement practice regarding this technique.
— Considering the case of an accident involving an electric scooter, the courts ruled by analogy with car accidents: they say, whoever did not miss while maneuvering is to blame. But at the same time, the requirements of the traffic regulations, which regulate the rules and features of the operation and movement of personal mobility aids, were not taken into account," Igor Morzharetto believes.
SIMs need to be taught
To a large extent, many such problems and conflict situations arise due to poor knowledge of traffic regulations among SIM drivers, said Valery Soldunov, a member of the Civic Chamber of the Russian Federation and chairman of the All-Russian Society of Motorists.
— Within the framework of the Civic Chamber, we and other experts have repeatedly drawn attention to this problem. Obviously, SIM is, in fact, a new type of transport, so the requirements and rules regarding this technique should be as transparent and understandable as possible for users. And, of course, people driving personal mobility vehicles should have at least minimal, basic knowledge of traffic regulations, observe the rules and features of movement," Valery Soldunov told Izvestia.
According to the Scientific Center for Road Safety of the Ministry of Internal Affairs of Russia, in the first nine months of last year, 2,959 accidents involving SIM occurred in Russia. This is 24.1% less than in the same period of 2024. 54 people were killed in such incidents and more than 3,000 people were injured.
Переведено сервисом «Яндекс Переводчик»
