Publication date: 09.06.2024
Liability for violation of the rules of bicycles and electric scooters
Introduction
In recent years, the popularity of bicycles and electric scooters in Ukraine has grown significantly. These modes of transportation are becoming increasingly popular due to their environmental friendliness, efficiency, and convenience in urban environments. However, the growth in their number on the roads also leads to an increase in the number of traffic violations among cyclists and e-scooter users. In this regard, there is a need for clear legal regulation of liability for such violations.
Legal framework
Traffic rules of Ukraine (SDA)
The Traffic Rules of Ukraine contain separate provisions regarding the movement of cyclists and users of electric scooters. In particular, the traffic rules regulate:
- Requirements for the technical condition of bicycles and electric scooters.
- Rules of the road, bicycle paths and sidewalks.
- Responsibilities of cyclists and users of electric scooters while driving.
Code of Ukraine on Administrative Offenses (CUAO)
The CUAO establishes administrative liability for violations of traffic rules, in particular, in relation to cyclists and users of electric scooters. The liability for such violations is provided for in Article 127 of the Code of Administrative Offenses.
Types of violations and liability
Violation of traffic rules on the roads
Cyclists and users of electric scooters are required to comply with the rules of the road, in particular, not to cross the roadway in the wrong places, not to move on sidewalks (except as provided by the traffic rules), to obey traffic signals, etc. Violation of these rules is subject to a fine of UAH 85 to 170.
Lack of necessary equipment
Bicycles and electric scooters must be equipped with reflectors, headlights or other lighting equipment when driving in the dark or in conditions of low visibility. Failure to have the necessary equipment will result in a fine of UAH 85.
Violation of traffic rules on bicycle paths
Cyclists and users of electric scooters are obliged to use bicycle paths where they exist and to follow the rules of traffic on them. Violation of these rules is also subject to a fine of UAH 85.
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Legal aspects
Evidence base
Various evidence may be used to prove the fact of violation of the rules of bicycles and electric scooters, such as
witness statements, surveillance videos, and other materials.
Appealing against fines
Cyclists and users of electric scooters have the right to appeal against the imposed fines if they disagree with the decision on the administrative offense. The complaint can be filed with the administrative body that issued the decision or with the court. The complaint must be filed within 10 days of receiving the decision.
Application practice
Statistics
According to police data, a significant number of traffic violations among cyclists and e-scooter users are recorded in Ukraine every year. This demonstrates the need to improve traffic culture and strengthen control over compliance with the rules.
