In this case the court ruled in favor of a plaintiff who had been fined for riding an electric scooter without a driver’s license and for operating an unregistered vehicle.

• The court found that the plaintiff’s electric scooter is not a motor vehicle requiring a category A1 or A driver’s license, provided the engine power does not exceed the established limits.
• The decision is based on the presumption of innocence: the burden of proof lies with the prosecution, which must prove guilt beyond reasonable doubt.
• In this case the prosecution failed to provide sufficient evidence that the plaintiff’s electric scooter falls under the traffic rules on mandatory registration and driver licensing.

Article:

Court rules in favor of an electric scooter rider

In a recent decision, a district court of the Vinnytsia region ruled in favor of a man fined for riding an electric scooter without a driver’s license and for operating an unregistered vehicle.

The plaintiff was stopped by police on October 7, 2021 while riding his Yadea Leiman 2500 W electric scooter. The officer issued two fines: one for riding without a driver’s license and another for operating an unregistered vehicle.

The plaintiff challenged the fines in court, arguing that his electric scooter is not a motor vehicle requiring a category A1 or A license, provided the engine power does not exceed the established limits, and is not subject to mandatory registration.

The court agreed with the plaintiff’s arguments and ruled that the fines must be cancelled. The court found that current Ukrainian legislation has no clear regulation of electric scooters, in particular regarding mandatory licensing and registration, provided the engine power does not exceed 3 kW.

The decision is based on the presumption of innocence: the prosecution failed to provide sufficient evidence that the technical characteristics of the plaintiff’s scooter fall under the traffic rules on mandatory registration and licensing.

Consequences of the decision

The decision is an important precedent for electric scooter users in Ukraine. It highlights the need for legislative regulation of the status of electric scooters and the rules for their use.

Contact information

If you have been fined for riding an electric scooter, contact lawyer Vitalii Petryk. He will help you understand your rights and options and represent you in court.

Phone: (096)-878-07-36 (093)-878-07-36