We don’t finish on SIM – Newspaper Kommersant No. 210 (7411) dated 11/14/2022

The Ministry of Internal Affairs, at the request of Kommersant, clarified the provisions of the Rules of the Road (SDA) that come into force on March 1, 2023. Lawyers and experts still interpret the rules included in the traffic rules to regulate the behavior of users of electric scooters and other means of individual mobility (SIM) in different ways. In particular, we are talking about the fate of violators who control devices with a power of more than 250 W and a maximum speed of more than 50 km/h. According to the new traffic rules and clarifications of the Ministry of Internal Affairs, such citizens can be considered drivers of mopeds or motorcycles – the traffic police has the right to send them for a medical examination or deprive them of their rights through the courts. However, Kommersant found out that electric scooters must also comply with the requirements of the technical regulations on the safety of wheeled vehicles, that is, be equipped with headlights, lamps, brakes, brake lights, side mirrors, etc.

The government decree with the new Rules of the Road, which will come into force in the spring, was published in early October (“Kommersant” talked about this in detail). The innovation, which was preceded by a lively discussion in society, concerns electric scooters, unicycles, segways – means of individual mobility. According to published standards, the speed limit for them will be 25 km/h. SIM users must obey the requirement of road signs and markings, while only persons over 14 years of age will be allowed to enter the roadway.

Meanwhile, experts and lawyers have not come to a unified interpretation of the new traffic rules. The fact is that the regional traffic police currently (as long as the old rules are in effect) proceed from the principle that the user of an electric scooter is a pedestrian if the power of the electric motor of the vehicle does not exceed 250 W, with more power – the driver of a moped or motorcycle. In the latter case, all sanctions and procedures that are used against motorists can be applied to the violator. Thus, a citizen on a scooter can not only be fined, but also sent for an intoxication test, deprive of his rights, subjected to administrative arrest, etc. This approach is not supported by all lawyers and police officers, but nevertheless it is used in a number of regions.

Kommersant sent a request to the Ministry of Internal Affairs with a request to clarify how law enforcement will be built from March 1, 2023. SIM users who violate traffic rules, the police explained, will be fined under Art. 12.29 Administrative Code of the Russian Federation for 800 rubles. and 1–1.5 thousand rubles for drunk driving. If the SIM user interferes with the movement of vehicles, this will be qualified under Part 1 of Art. 12.30 Administrative Code (fine 1 thousand rubles). If the rider knocks down a person and inadvertently causes harm to his health of mild or moderate severity, Part 2 of Art. 12.30 Administrative Code (fine 1–1.5 thousand rubles).

The key is that all these types of punishment will be applied if the motor power of an electric scooter or other SIM is less than 250 watts, follows from the response of the Ministry of Internal Affairs. Vehicles with a more powerful engine, as well as those that can accelerate over 50 km/h with less power, will be classified as mopeds and motorcycles (category L). To manage them, you will also need category M and A rights. However, it follows from the answer of the Ministry of Internal Affairs that not every electric scooter will automatically be equated to a moped or motorcycle. To do this, the vehicle must comply with the requirements of the technical regulations of the Customs Union “On the safety of wheeled vehicles”, for example, have turn signals, dipped and main beam headlights, lights, brakes, side mirrors, brake lights, etc. If there are no mentioned options, then even the inspector will not be able to attribute a high-speed and powerful scooter to category L. This means that harsh sanctions will not be applied. Punishment will be limited to Art. 12.29 and Art. 12.30 Administrative Code.

“Everything is logical in principle: a scooter with a power of up to 250 W will be considered a SIM, more than a moped,” says Sergey Radko, lawyer, lawyer for the Freedom of Choice movement. “. He refers to the definition in the SDA: “moped” is at least a two-wheeled vehicle.

In principle, nothing will change from March 1 compared to the current practice, says retired traffic police captain, founder of the public project “Overheard at the traffic police” Valentin Ilyinov. “Moreover, in most cases, the markings on electric scooters are knocked down, it is difficult for the inspector to set the power. It is not clear how to do it otherwise,” he said. On the motor-wheel of electric scooters, the power and maximum speed must be indicated, Ravil Akhmetzhanov, a lawyer for the Society for the Protection of the Rights of Motorists, confirms, but it is often painted over and milled to evade responsibility. In case of a serious accident, the traffic police may appoint an examination (similar to the examination of stolen cars with fake numbers), but there is no such experience, the expert says.

“In fact, the new traffic rules have added more questions than answers,” admitted Mikhail Denisov, a representative of the Electro.club community, head of the Center for Individual Mobility.

Ivan Buranov