There has been an explosion in the use of electric scooters across our cities in Spain. A good number of places have seen an influx of companies competing to offer electric scooters for rent for the use of locals and tourists. Perhaps attracted at the low running costs and environmental benefits many individual people have also purchased their own electric powered scooter.
It is now possible to obtain Third Party Liability cover at a low cost to protect you and your family using these types of devices. Sometimes it is a simple adjustment to your existing home insurance policy but there are also standalone policies where you do not have a home insurance policy or your home insurance company does not offer this amendment. Feel free to contact us for a quotation.
With the boom in these vehicles, the Direccion general de Trafico (DGT) has issued some clarification as to what the responsibilities are for the users of these types of vehicle whilst we wait for new legislation.
The types of vehicles, that these instructions relate to, are known as VMPs (Vehículos de Movilidad Personal) or Personal Mobility Vehicles. According to the DGT instructions, a VMP is a vehicle with one or more wheels designed for a single person and propelled exclusively by electric motors that can provide the vehicle with a maximum design speed between 6 and 25 km / h
The following types of vehicles are not VMPs:
- Vehicles without self-balancing system and with saddle.
- Vehicles designed for competition.
- Vehicles for people with reduced mobility.
- Vehicles included in the scope of Regulation (EU) N2 168/2013: scooters with seats, motor cycles, two-wheel mopeds…. Remember that these vehicles require administrative authorisation to drive, circulate and have an insurance policy, in addition to the use of the helmet.
As a general rule, gadgets that do not exceed the speed of 6 km / h are considered toys.
To use a VMP you do not require a licence to circulate. Therefore, users of VMPs do not lose points on their driving licence when it is clear that the type of vehicle he is driving is a VMP.
However, that does not mean users are free from sanctions. They still have a responsibility to other people and themselves.
Behaviours that will incur a sanction
The DGT have set out some clear instructions for people and the authorities to understand the obligations of users of these types of transport.
- Users of personal mobility vehicles have to submit to alcohol and drug tests if required by the authorities. If the user fails the test, the sanctions are the same financial amount as if they were driving another vehicle. For example, in the case of being over the drink drive limit then the vehicle user will incur a fine. The amount is from 500€ to 1,000€. If the offence relates to the presence of drugs then the fine is 1,000€. If the driver tests positive for alcohol or drugs, the authorities immobilize the VMP, as is the case with other vehicles.
- Users cannot operate the vehicle whislt using a mobile phone or any other communication system manually. The penalty is € 200 (Article 12.2.5B of the RGC).
- Use of headphones or headphones connected to receiving devices or audio devices is also prohibited. The fine in these cases is € 200 (Article 12.2.5A of the RGC).
- Helmet and other protection elements. In the absence of a regulation in the General Circulation Regulation, the use of these elements is governed by the provisions of the corresponding Municipal Ordinance. In the event that the Ordinance regulates the mandatory use of a helmet, the user could be fined € 200 (art 118.1 of the RGC) and the immobilization of the vehicle in accordance with article 104.1.c) of the consolidated text of the Security Law Vial.
- You cannot use this type of transport on pavements or pedestrian areas. Article 121 of the RGC prohibits the movement of any vehicle on pavements (except for skateboards, skates or similar devices that do so exclusively under the self-propulsion of the person). Failure to abide by this can result in a fine of € 200.
- VMP and other electrically powered light vehicles are only authorised to transport one person, so that the movement of two people in VMP is punishable with a € 100 fine (Article 9.1.5.E of the RGC).
- It will be considered negligent and therefore punishable if you circulate at night without lights or reflective garments or aids. It is also a failure by the user to take the necessary diligence to make sure they are visible by the rest of the road users. In addition, it is a failure to take the necessary precaution to avoid putting oneself in unnecessary danger. The corresponding penalty is € 200 (article 3.1 of the RGC)
- Municipal ordinances are those that establish the prohibitions regarding the storage and parking of these vehicles. From the DGT, it is advocated that the pavement be pedestrian, but its regulation is exclusively municipal.
- In the case of infractions committed by someone under 18 years of age, the parents, guardians, and legal or de facto custodians will be jointly and severally liable for the infraction committed by the minor.
Commercialised vehicles similar to VMP but in fact they are not
Due to worldwide electronic commerce, it is possible to acquire a vehicle sold as a VMP but which in fact, does not meet the criteria set out in Spain. The DGT warns of the importance of looking at the technical characteristics of the device, paying special attention to speed, which cannot exceed 25 km / h.
Using a vehicle similar to a VMP but, for example, that exceeds the maximum speed limit of 25 km / h and does not meet the requirements of Regulation (EU) No 168/2013. Such vehicles cannot circulate on the roads in Spain and their users will be denounced with a fine of 500€. The vehicle will be immobilized. This same applies to cases where a VMP has been manipulated to alter the speed or technical characteristics.
If you and your family use electric scooters or similar then get in touch for a free, no obligation quotation to protect you from any third party liabilities.