News in sight for electric scooters: how the rules will change with the new Highway Code which requires helmet, license plate and insurance. When will scooter insurance be mandatory?
In a few weeks the Senate will give its definitive approval, almost certainly without modifications, to the text of the DDL and the delegated law for the reform of the Highway Code, already approved by the Chamber last March, making it de facto State Law (after publication in the Official Journal). The text contains several measures regarding the electric scooters through corrections and additions toarticle 1 paragraphs 75-75-vicies ter of Law no. 160/2019which had introduced a first form of regulation of electric micromobility by equating scooters with bicycles and establishing conditions and limits within which their circulation is permitted. Let’s find out how the rules of electric scooters will change and, above all, when scooter insurance will be mandatory.
ELECTRIC SCOOTER: NEW INSURANCE, HELMET AND LICENSE PLATE
The main news on the use of electric scooters in Italy concerns the obligation for everyone to wear a protective helmet, to take out third-party liability insurance and to travel on vehicles equipped with an identification mark (license plate). In more detail:
- all scooter drivers have theobligation to wear a suitable protective helmet compliant with the harmonized technical standards UNI EN 1078 or UNI EN 1080;
- Scooters with predominantly electric propulsion cannot be put into circulation unless they are covered by thethird party civil liability insurance. The provisions of the Private Insurance Code apply;
- owners of predominantly electric scooters have the obligation to request a specific one identification mark adhesive, laminated and non-removable, printed by companies and consultancy firms for the circulation of means of transport, which also take care of its sale by setting the price in a free market regime. The sign must be displayed visibly. The owner has the obligation to communicate any change of residence (if a natural person) or of headquarters (if a legal person).
Important: the insurance obligation will not be immediate immediately after the approval of the Bill, because it will be necessary to prepare all the operating methods (e.g. the creation of a register for scooters similar to the PRA for cars) and the insurance companies themselves will have to adapt by creating ad hoc policies for this type of vehicle . In short, there will be many things to do and in our opinion Scooter insurance will actually become mandatory no sooner than a few monthswhen the implementing decrees will be released which will also regulate the use of the badge (plate) and helmet. We will therefore continue to monitor the situation and publish all relevant updates.
ELECTRIC SCOOTERS: HOW THE RULES ON CIRCULATION ARE CHANGING
The new bill introduces or modifies other rules regarding the circulation of electric scooters.
- Scooters with predominantly electric propulsion can only travel on urban streets with a speed limit not exceeding 50 km/h.
- Riding a scooter is always prohibited against trafficeven on streets with two-way cycling.
- It is forbidden to park scooters on the sidewalk. However, the Municipalities, provided that the sidewalk, in terms of size and characteristics, allows it, can identify parking areas reserved for scooters also on the sidewalkprovided that in the remaining part of the same the regular and safe circulation of pedestrians and people with disabilities is ensured. This use must be implemented with the required vertical and horizontal signs, or without signs as long as the GPS coordinates of the parking areas are publicly available on the institutional website of the Municipality. Electric scooters are still allowed to park in the stalls reserved for bicycles, mopeds and motorbikes.
- Obligation for the manager of the electric scooter rental service to install automatic systems that prevent the operation of the vehicles outside the city areas where circulation is permitted.
ELECTRIC SCOOTER: THE NEW SANCTIONS
The rules change and so do the sanctions for electric scooter drivers who violate the new regulations.
- Anyone who circulates with a motorized scooter having requirements that do not comply with the law (Art. 1 paras. 75 and 75-bis Law No. 160/2019) or outside the territorial scopeis subject to the administrative sanction of paying one fine from 200 to 800 euros. The violation is followed by the accessory sanction of confiscation of the scooter if the violation concerns the use of a device with a combustion engine or an electric motor with a continuous rated power greater than 1 kW (remember that the permitted limit is 0.50 kW).
- Anyone who rides a predominantly electric scooter without the mark (license plate) or with a non-visible, altered or counterfeit mark, or without insurance coverageis subject to the administrative sanction of paying one fine 100 to 400 euros. This sanction also applies in the case of circulation with an electric scooter for which the owner’s change of residence or registered office has not been communicated.
- Anyone who violates the obligation to wear the protective helmet is subject to the administrative sanction of paying a fine from 50 to 250 euros.
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