Regulation of the movement of electric scooters and unicycles in Ukraine is again at the top of discussions after a series of high-profile road traffic accidents (RTAs), in particular fatal ones. The main problem is that there is now real legal chaos in this area..

A wave of publications in media and Telegram channels has further confused Ukrainians. Thus, incorrect statements were made about the supposed “full equation of electric scooters with cars,” the automatic introduction of fines as for other drivers, and the like. In fact, such theses do not reflect the real situation and mix different levels of norms - law, traffic rules and judicial practice. After the adoption of Law No. 2956-IX back in 2023, electric scooters and unicycles were included in the list of vehicles (Vehicles). This created a basic definition of light personal electric transport as a category that generally exists in the legal system.

" It includes both electric cars and electric scooters. Many people think that this law has changed something and dotted the i’s.. Not really. It only clearly states that an electric scooter is a vehicle. But it does not establish its category in any way according to the traffic rules - either a moped or not a moped,” notes Dzyuba.

“According to the law, electric scooters and unicycles are recognized as vehicles. This is true, they are actually mentioned in Law No. 2956-IX. But there can’t be any traffic violations on their part now, because they are still not included in the Traffic Rules,” adds Lepyavko.

The said law, among other things, provided for the obligation of the Cabinet of Ministers to bring by-laws into compliance within 12 months. This stage, however, was never completed, which caused regulatory confusion.

“At the end of this law it is written that within 12 months the Cabinet of Ministers must bring its regulations into compliance. This has not been done yet. There is in the legislation, but in the traffic rules, which is a by-law, there is no. This is the fault of the Cabinet of Ministers and the Ministry of Internal Affairs in particular, which did not complete this work,” explains Lepyavko.

On the public side, he said, there are several organizations involved in traffic safety issues. They regularly submit their proposals for harmonizing traffic rules with both the European “standards” and our legislation. “But so far this has not happened for several years, the issue remains unresolved. Not for an hour,” states the specialist.

The absence of electric scooters in the traffic rules means that the basic rules of road behavior are not fixed for them at all. This also applies to key parameters. According to Lepyavko, in Ukraine the following are not defined in any way:.

“Electric scooters don’t see traffic rules. Accordingly, they do not contain requirements that the scooter driver must fulfill. Traveling together should be regulated, for example, as for bicycles - if more than one person is not structurally provided for, then this is prohibited. There is nothing provided for scooters. There are manufacturer requirements, and some accidents with scooters occur due to the fact that they are not used as intended by the manufacturer.. But no one can control it,” Lepyavko gives examples..

In addition, there is no mechanism for attracting “scooter riders” specifically for violating traffic rules, since scooters as an object of regulation are not defined in the rules. “It is not yet possible to prosecute them for violating traffic rules,” says the expert.

At the same time, responsibility for the consequences of an accident does not disappear. In case of harm, administrative and criminal laws are applied depending on the circumstances of the incident..

“If harm has already been caused - to property, health - punishment is provided under the Administrative or Criminal Code for such actions, regardless of what vehicle they were committed on. Therefore, there is judicial practice, and the courts interpret this differently,” explains the expert.

The main practical problem is that a violation cannot be prevented; it can only be punished for damage. And this already contradicts the main purpose of the existence of the Traffic Rules.

“Therefore, we are waiting for these vehicles to be included in the traffic rules. Then it will be possible to hold them accountable not only when trouble has already happened, but also simply for gross violations that provoke such troubles. This is the main purpose of traffic rules - not to punish someone for something, but to warn. Traffic rules should prevent incidents, accidents, injuries. Now, accordingly, it is impossible to prevent in any way the violations that occur. Responsibility arises only when specific damage has already been caused,” notes Lepyavko..

According to him, there are scooters that can travel 60-70 km/h or more. And when they move on the sidewalks, it creates a great danger.

“And in the absence of regulation, simply for the fact of driving on the sidewalk, no one can say anything to them. Because it is not prohibited by traffic rules. As soon as it hits someone or something, only then will the consequences and circumstances be studied. Unfortunately,” states the specialist.

The practical application of the standards, according to Dzyuba, is based on attempts to “link” electric scooters to the current categories of vehicles in the traffic rules. Thus, in the current definitions (p. 10 traffic rules):.

The problem is that most electric scooters have significantly lower power - in the range of hundreds of watts or about 1 kW. This formally takes them outside the definition of motor vehicles. As a result, a serious conflict arises: The lack of direct regulation in traffic rules aggravates the situation. Dzyuba notes that this is what creates different practices in the application of standards in courts and when registering road accidents.

“There is a practice that judges, for example, fine for drunken riding on scooters under Art.. 130 KUoAP (fines from 17 thousand. up to 51 thousand. UAH. – Ed. ), like driving a car. But the same practice exists in appeals - cancellation (of these fines). – Ed. Regarding helmets - as far as I know, there is no such practice or it is isolated. In principle, in the context of the current legislation, both the police and the courts classify electric scooters more, they are more closely identified with bicycles. This is the situation now, uncertain and ambiguous,” says Dzyuba.

Administrative liability Criminal liability Art.. 286 of the Criminal Code – violation of road safety rules by a person driving a vehicle. Can only be used in cases of injured or deceased. Sanctions depend on the consequences:.

Important: the application of these articles remains controversial and depends on specific judicial practice. Separately from the administrative or criminal case, victims can file civil claims for compensation for car repairs, treatment, moral damages, funeral expenses, and other damages.

In EU countries, the approach to regulation is built around the risks that are formed by the speed and weight of the vehicle. In general European logic, according to Lepyavko, the following conditional categories are distinguished: In Ukraine, there is no such gradation in traffic rules. Like any age restrictions.

“If a vehicle is defined as one that can move on public roads, for example, on city streets, then of course there must be an age threshold, it is mandatory. This varies in different countries, usually 16-18 years old, but can be 14. Also in some countries there is a gradation depending on the type of street. For example, if these are streets with a limit of 30 km/h, then from a younger age,” says Lepyavko.

Ukrainians, meanwhile, continue to file petitions due to dissatisfaction with personal electric vehicles, the unregulated use of which has already caused more than one death. In particular, citizens are calling for requiring scooter users to have a driver's license or obtain certification and take mandatory courses. In addition, there is a bill created (but not yet registered) banning the use of light electric vehicles under 14 years of age and without a driver’s license.

But in parallel, European integration bill No. 15200 is already under consideration, which contains general initiatives for changes to traffic rules. According to Dzyuba, now all work will take place within the framework of this document. " and in relation to driving lessons, training. And this is a mandatory condition for European integration, so until it is accepted, there are unlikely to be any changes,” the specialist sums up.