Intoxicated electric scooter owners are not penalized: legal loophole

The legislation on liability for driving under the influence has another gap that allows a certain category of offenders to evade punishment. Existing regulations provide for a fine of 17,000 hryvnias and deprivation of the right to drive for at least a year for drivers who operate a vehicle while intoxicated. However, users of electric scooters and low-power electric scooters remain unpunished.

The new traffic rules have created a legal collision, as under the current rule, electric transport is recognized as a mechanical means only if the engine power exceeds 3 kW. Therefore, Article 130 of the Code of Administrative Offenses regarding driving under the influence does not apply to vehicles with lower power.

Patrol officers can stop an intoxicated electric scooter user, but they have no legal grounds to file a protocol for drunk driving

In Dnipro, police had no legal possibility to fine a man on an electric scooter who was under the influence of alcohol, because the power of his vehicle did not reach the required threshold.

Lawyers emphasize that the absence of a specific article on punishment is not an excuse for risky behavior. The impact of alcohol on reaction and coordination does not depend on the type of vehicle, and the consequences can be equally dangerous to health.

Ukrainian laws on liability for driving under the influence have gaps that allow electric scooter and electric scooter users to avoid punishment for drunk driving. Since the current regulatory framework does not take into account the specifics of this type of transport, it creates contradictions in law enforcement. Therefore, it is important to regulate this issue to ensure road safety.