E-BIKES, E-SCOOTERS - INSURANCE AND ITV - Update July 2019

New Instruction 19/V-134 from DGT Trafico in May 2019, defining two categories of E-scooters in accordance with EU Regulations: L1e-A and L1e-B. For both you need a driving licence, matriculation, insurance, regular ITV checks, helmet. (Note: this instruction has not been included on the ‘legislation’ page of the DGT Trafico website).

Lots of confusion arose as the e-scooters described as category L1e-A are in fact EPACs, so a week later, the DGT Trafico issued a press release, explaining that EPACs do NOT fall under any of the L categories, so do not require matriculation, insurance, driving licence, helmet etc.

Posting on the N332 facebook group, asking for the legal source for an article they wrote that still included the EPACs in category L1e-A AND mentioning they were exempt, didn’t get a satisfactory response, just a link to yet another article, without mentioning legal source. So I went back to the EU regulation to check on exactly what kind of vehicles are included under L1e-A and -B.

Easiest to start with the exemptions to any of the L categories:

(a) vehicles with a maximum design speed not exceeding 6 km/h;

(b) vehicles exclusively intended for use by the physically handicapped;

(c) vehicles exclusively intended for pedestrian control;

(d) vehicles exclusively intended for use in competition;

(e) vehicles designed and constructed for use by the armed services, civil defence, fire services, forces responsible for maintaining public order and emergency medical services;

(f) agricultural or forestry vehicles subject to other EU Regulations;

(g) vehicles primarily intended for off-road use and designed to travel on unpaved surfaces;

(h) pedal cycles with pedal assistance which are equipped with an auxiliary electric motor having a maximum continuous rated power of less than or equal to 250 W, where the output of the motor is cut off when the cyclist stops pedalling and is otherwise progressively reduced and finally cut off before the vehicle speed reaches 25 km/h;

(i) self-balancing vehicles;

(j) vehicles not equipped with at least one seating position; (So the ‘patinetes electricos’ that have become so popular in large cities.)

(k) vehicles equipped with any seating position of the driver or rider having an R-point height ≤ 540 mm in case of categories L1e, L3e and L4e or ≤ 400 mm in case of categories L2e, L5e, L6e and L7e. (Those would be VMP Mobility Vehicles, class B, see below).

Included category L1:

L1e-A Powered cycle

(9) cycles designed to pedal equipped with an auxiliary propulsion with the primary aim to aid pedalling and

(10) output of auxiliary propulsion is cut off at a vehicle speed ≤ 25 km/h and

(11) maximum continuous rated or net power (1) ≤ 1 000 W and

(12) a powered three- or four-wheel cycle complying with supplemental specific sub-classification criteria (9) to (11) is classified as being technically equivalent to a two-wheel L1e-A vehicle.

Note: vehicles in this category do not need an ‘audible warning device’.

L1e-B Two-wheel moped

(9) any other vehicle of the L1e category that cannot be classified according to the criteria (9) to (12) of a L1e-A vehicle.

Note: vehicles in this category do need an ‘audible warning device’.

But, wait a minute, one of the included vehicle types under L1e-A is an EPAC, no? Yes,  but the difference with the exempt EPACs is the wattage. Only those up to 250W are exempt, all others not.

And what about those electric ´patinetes´ that you can rent in all big cities, those that do not have a seat? Well, they do not fall under this Reglament. In fact, there is no national regulation in place for those at the moment, just local regulation in some large cities. They would fall under the ‘VMP’ vehicles (vehículos de movilidad personal – personal mobility vehicles), divided by weight and speed limits.

Category A under 25 kg up to 20 km/hr, Category B over 25 kg and up to 30 km/hr – with a seat! Segways are in this category as well). Regulation by DGT/Trafico is being drafted, we will inform members when it has been published in the State Bulletin.

L2e Three-wheel moped (when not used exclusively by disabled person, so the rental mobility scooters rented out to tourists at the coast, e.g.)

(4) three wheels and powered by a propulsion as listed under Article 4(3) and

(5) engine capacity ≤ 50 cm3 if a PI internal combustion engine or engine capacity ≤ 500 cm3 if a CI combustion engine forms part of the vehicle’s propulsion configuration and

(6) maximum design vehicle speed ≤ 45 km/h and

(7) maximum continuous rated or net power (1) ≤ 4 000 W and

(8) mass in running order ≤ 270 kg and

(9) equipped with a maximum of two seating positions, including the seating position for the driver

With regards to their place on the road, you need to consult the local ‘ordenanza’ in place, as it differs from town to town whether you can make use of cycle lanes, for example, or not. With regards to VMP’s likewise, as what category they are in, and how they are used (personal or commercial use) can determine obligatory use of helmets, or not.

Please note: The information provided is based upon our understanding of current legislation. It is not legal advice but is provided freely to enable you to be properly informed. We recommend that if you are considering taking action, you should seek professional advice.