Lawmakers Reluctant to Address Growing E-Scooter Problem

Despite being a fast and convenient mode of transport popular mostly among young users, the growing number of injuries, nuisance riders, or obstacles e-scooters create have prompted a serious debate about their use. A recent case involving riding under the influence of alcohol had prompted lawmakers to look further into the Highway Code. However, policymakers are reluctant to address the legal regulation of electric scooters. Deep legal change is needed to address concerns, and these are now on the horizon, writes Index.hu.

A month ago, the Constitutional Court rejected the case of a man from Debrecen, who complained that the court had convicted him of an offense (driving under the influence of alcohol), the means of which, i.e. the electric scooter, is not even provided for in the Highway Code. However, the majority of the constitutional judges considered that the petition did not contain any argument that could be assessed as a question of fundamental constitutional importance.

On the other hand, three of the fourteen judges who signed the order expressed dissenting opinions. They stressed that the Curia has the power to give uniformly applicable content to the legislation governing electric scooters. However, it does not have the power to replace a specific rule lacking in existing (criminal) legislation by “judicial legislation.” The interpretation of the courts in the case in point also means that the burden of proof is shifted from the prosecution to prove that the offender was in breach of the rules, knowing that they were prohibited, to the defense to prove that the device used was not a vehicle.

There is undoubtedly a perceived legal uncertainty regarding the use of electric scooters, as they are not a vehicle under the EU regulation.

Regulation 168/2013/EU provides that only vehicles with seats are considered to be vehicles. Given that most scooters do not have a seat, they are not considered vehicles under the EU rules.

Assuming that an electric scooter is a vehicle despite the EU regulation, it is appropriate to include it under another category of vehicle in the current Appendix to the Highway Code that is closest in characteristics to it, and to assume that the traffic rules applicable to such vehicles are considered to be binding on e-scooters.

Máriusz Révész, State Secretary for Active Hungary, said that a draft amendment to the Highway Code concerning e-scooters had been prepared, according to which electric scooters and electric bicycles with a top speed of 25 kilometers per hour would be subject to the same rules as bicycles. However, this regulation would only affect low-speed e-scooters, Segways, and scooter-sharing services, he added, because if the vehicle’s top speed exceeds 25 kilometers per hour, it is already considered a moped.

This amendment was planned for the first half of the year, but later it was transferred to the Ministry of Construction and Transport. This means that the final decision is now in the hands of Minister János Lázár, who said at a press conference in July that the preparation of the revision of the Highway Code has been started, as it does not currently provide an adequate response to the changes in the traffic regime over the last 20 years. It has emerged that the draft will be submitted for public consultation in the autumn.

Via Index.hu; Featured Photo: Pixabay.