The government has adopted a draft amendment to the provisions on mobility, including electric scooters. Their users are waiting for big changes. The so-called arbitrary regulations contained in the draft act prohibit, inter alia, transporting other people on a scooter (which was often visible on the streets of Krakow) and leaving electric scooters and personal transport devices on the pavement other than parallel to its outer edge.
The Road Traffic Act prepared the draft
The Council of Ministers adopted the draft amendment to the Road Traffic Act prepared by the Minister of Infrastructure. The draft regulates the legal status of electrically powered devices (including scooters) and muscle powered devices intended for use on public roads.
Finally: Pedestrian Priority!!!
The project introduces pedestrian priority over an electric scooter or UTO driver moving on a part of the infrastructure intended for pedestrian traffic. The new regulations also prohibit, inter alia, leaving electric and UTO scooters on the pavement other than parallel to its outer edge.
Until now, the legal status of electric scooters and personal transport devices has remained unregulated. This created a real safety risk on roads and sidewalks. That is why we have prepared solutions that will increase the safety, in particular of the least protected road users
Minister of Infrastructure – Andrzej Adamczyk
What new things does the regulation bring?
The regulations contained in the draft act prohibit, among others:
- driving the electric scooter on a road with a speed limit greater than 30 km / h,
- driving a scooter or a personal transport device to a person under the influence of alcohol or alcohol or something similar to alcohol,
- transporting other people, animals, and objects with an electric scooter and personal transport device,
- pulling or towing other vehicles with an electric scooter and personal transport device,
- leaving electric scooters and personal transport devices on the pavement other than parallel to its outer edge
What is defined as an electric scooter?
The draft act defines an electric scooter as an electrically powered, two-axle vehicle with a steering wheel, without a seat and pedals, and designed to be driven only by a rider on that vehicle.
The driver of an electric scooter is obliged to use a bicycle lane or a bicycle lane if they are designated for the direction in which he is moving or intends to turn – with a speed limit of 20 km / h.
In addition, he is obliged to use the road on which vehicle traffic is allowed at a speed of not more than 30 km / h, if there is no separate road for bicycles and a lane for bicycles – with the permissible speed of 20 km / h. The driver may exceptionally move along a pavement or a pedestrian road when the pavement is located along a road where traffic is allowed at speeds greater than 30 km / h and there is no dedicated cycle path and a cycle lane – with the following rules: driving with speed close to the speed of a pedestrian, taking special care, giving way to pedestrians and not obstructing pedestrian traffic.
Who can drive an electric scooter?
To drive an electric scooter by people from 10 to 18 years of age, it will be required to have the same qualifications as for cycling, i.e. a bicycle card or driving license of categories AM, A1, B1, or T. For people over 18 years of age, such a document is not required.
Moving the electric scooter on a public road by a child under 10 years of age is prohibited in any situation, also under the supervision of an adult. Children up to 10 years of age will be able to ride the electric scooter only in the residential area, under the supervision of an adult.
Personal transport devices – UTO
A personal transport device is an electrically powered vehicle, without a seat and pedals, designed to be moved only by the rider on that vehicle (e.g. electric skateboard, electric self-leveling device).
The driver of a personal transport device is obliged to use a cycle path, if it is designated for the direction in which it is moving or intends to turn – with a speed limit of 20 km / h. It may exceptionally move along a sidewalk or a pedestrian road, in the absence of a cycle path, with the following rules: driving at a speed close to the speed of a pedestrian, special caution, giving way to pedestrians and not obstructing pedestrian traffic.
What is forbidden in regards to a UTO?
Moving the personal transport device on public roads by a child under 10 years of age is forbidden in any situation, also under the supervision of an adult. Children up to 10 years of age will be able to use a personal transport device only in the residential area under the supervision of an adult.
To drive a personal transport device by people aged 10 to 18, it will be required to have the same qualifications as in the case of cycling, i.e. a bicycle card or driving license of category AM, A1, B1 or T. For people over 18 years of age such document is not required.
Movement aids
It is a device or sports and recreational equipment designed to move in a standing position, powered by muscles (e.g. roller skates, roller skates, skateboard). A person using this type of device will be able to move on a bicycle path (without speed limit) or on a sidewalk and pedestrian path, with the following rules: driving at a speed close to the speed of a pedestrian, taking special care, giving way to pedestrians and not obstructing traffic pedestrian.
Moving a device supporting movement powered by muscles does not require any permission and is allowed without age restrictions.
Electric scooters can not be parked everywhere
The bill introduces the obligation to leave, inter alia, an electric scooter on the pavement in a designated place (designated by the road administrator). In the absence of such a place, leaving the vehicle on the pavement will be possible only under the following conditions:
- the electric scooter will be positioned as close as possible to the outer edge of the pavement, the farthest from the road,
- the electric scooter will be placed parallel to the edge of the pavement,
- the width of the sidewalk left for pedestrians’ traffic is such that it will not hinder their traffic and is not less than 1.5 m.
Electric scooters or personal transport devices can be removed from the road at the owner’s expense, incl. in the case of leaving them in a place where it is forbidden and obstructs movement or otherwise endangers safety. The order to remove the vehicle from the road may be issued by a policeman or a municipal (city) guard.
New regulations – new obligations
The draft provides for penalties for the movement of an electric scooter or personal transport device driver, or a person moving with a sidewalk or pedestrian assist device at a speed greater than a speed close to pedestrian speed, or for failing to give way to a pedestrian. Therefore, the draft act introduces changes to the act – Code of Petty Offenses.
There will be fines! (Up to 500 PLN!)
A fine of PLN 200 is provided for using the phone while driving, requiring the driver to hold the handset or microphone in the hand. Transporting another person, animal or cargo will be punishable by a fine of PLN 100. For driving a vehicle other than a motor vehicle on a public road, in a residential area, or in a traffic zone, the fine will be from PLN 300 to PLN 500. Violation of the conditions of stopping or parking the vehicle on the pavement will result in a fine of PLN 100. A fine of PLN 350 is provided for the driver failing to give way to a pedestrian on the crossing.
The control authorities may also impose a penalty for the infringement committed, including on the driver of an electric scooter or a personal transport device or a person moving with the use of a traffic assist device, which violates other provisions of the Act – Road Traffic Law or provisions issued on its basis.
More details coming soon!
Detailed technical parameters of electric scooters and personal transport devices will be regulated in the provisions of the Regulation of the Minister of Infrastructure on the technical conditions of vehicles and the scope of their necessary equipment. The provisions on the new technical conditions will only apply to electric scooters and personal transport devices placed on the market after December 31, 2021. In addition, the draft act contains a provision allowing electric scooters and personal transport devices that do not meet the new technical conditions, if these vehicles have been placed on the market before 1 January 2022
The new regulations will enter into force 30 days after their publication in the Journal of Laws.
The Polish language article in Gazeta Krakowska can be found HERE.
Stay safe!
The Twisted Red LadyBug
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