For some weeks and months now, electric scooters have been on everyone’s lips. For its convenience, for its advantages and also because no one knows exactly the legality about them. Can they be used on sidewalks, on the road…?
Today we would like to explain how the regulations are, what happens with the companies that rent them and our responsibility in case we have one, is it covered by home insurance?
Current regulations on electric scooters
Just as when the use of bicycles became widespread, conflicts were created between pedestrians, motor vehicles, etc., the same thing is happening with the emergence of electric scooters. It is going to take some time to be properly regulated and it could be said that at the moment they operate under a legal vacuum, since they do not have their own space in which to circulate.
These scooters are classified as Personal Mobility Vehicles ( hereinafter PMV) and are classified by the DGT itself.
They are new forms of urban mobility, and are classified as type A PMV. However, despite carrying it, they are not considered as “motor vehicles”, they are only “vehicles”. Hence, for now they are not required:
- Own electric scooter insurance
- Registration
- Own administrative authorization
Much to our regret, their regulation takes place on a case-by-case basis, City Hall by City Hall. There is no national regulation that regulates them, and this is what has led to this regulatory vacuum, in which we do not know where we should go.
In most municipalities in Spain, municipal ordinances are being drafted so that citizens know what regulations to comply with.
Recently, in October 2018, Madrid has launched its ordinance, prohibiting them from riding on sidewalks (it has equated them to bicycles). They will only be able to circulate on bike lanes or on the roadway.
Electric scooter rental companies and the division of responsibilities
In the main cities of Spain(Barcelona, Madrid, Valencia, Zaragoza…), several companies have already launched into the business of shared or rental electric scooters. We are talking about Koko, Lime and Voi, among others.
However, they have done so with considerable legal uncertainty, since they have landed without a defined regulation, in some cities such as Madrid they have been banned and, in Barcelona, their use on sidewalks has been denied, increasing the risk of accidents for users.
In addition, there is not only the legal risk, but also the risk of who assumes the compensation for possible damages in case of accidents with electric scooters. To check this, we must go to the “conditions of use” of each company.
For now, we will say that in the case of Koko it is quite transparent and easy to access, Voi is also simple, but appears in English, and in the case of Lime to see it you have to download the app and, not only that, but they are in English.
The first one indicates that it has a Civil Liability insurance, but be careful because it indicates that if there is an accident caused by a “distraction”, the damages “will not be covered by the contracted insurance”. It is not clear how this clause could affect us.
With respect to Lime, the direct conclusion from reading the responsibilities section is that the user is solely responsible. Copying in English what it says: “You are solely responsible…for any and all consequences…foreseeable or unforeseeable…as a result of using any of the services”. Which translated says: “You are solely responsible for any and all consequences…foreseeable or unforeseeable…as a result of using any of the services”.
We reach similar conclusions with Voi, which in point 3.3 of its terms of use, states: “…You assume full and complete responsibility for all related risks, dangers, and hazards, and You agree that Voi are not responsible for any injury, damage, or cost caused by You…”.
As we can see, we are assuming a risk in either case. We are grateful to Heraldo de Aragón for echoing our comments on this subject.
Does my homeowner’s insurance cover liabilities for using the electric scooter?
Going back to what we said at the beginning about the evolution of urban mobility, home insurance also had to adapt to the use of bicycles and its possible liabilities. As we know, most insurance companies are now providing coverage for possible accidents caused while riding a bicycle.
Not most, but some, have reacted to the use of scooters and would also provide coverage for these impacts. However, it is advisable to check this, as the consequences of such an accident could be very high.
We have consulted the companies we work with, and less than half of them would provide coverage. If you want us to help you in this process, PIB Group Iberia will help you find the home insurance that really addresses your main concerns.
Mapfre Foundation Report 2019
At the beginning of 2019 Mapfre Foundation in collaboration with the Spanish Road Association, carried out a report containing an analysis of this issue.
In it, we talk about:
- Current regulations
- Feedback from users, drivers and pedestrians
- Accident rate in 2018: 5 fatalities and more than 300 accidents
And is that, we should know that at the end of 2018 there are already more than 20,000 electric scooters circulating in Spain, according to figures from the Association of Users of Personal Mobility Vehicles (AUVMP).
