Electric transport, traffic police and deputies
Convenient, compact and environmentally friendly segway, electric scooters, gyroscooters and monowheels on the streets of our cities in 2017 will be even more. New types of transport are not spelled out directly in the SDA, so there may be misunderstandings on the roads and sidewalks. I will immediately say the most important thing - the traffic police of the Russian Federation today considers segways, gyroscooters, monowheels, electric scooters to be pedestrians , equating them to roller skates and ordinary scooters. And already under the cut parliamentary appeals, initiatives of the Moscow City Duma, my arguments and a brief overview of the situation in other countries.
Electric vehicle rental at VDNKh, Moscow. Photo Mobile Reporter
The topic “Electric transport and traffic rules” has long been holivarny. The reason is simple - in the current version of the traffic regulations there is no listing of the types of electric transport with the direct assignment of any category to them, and the disputants are trying to draw to their position different paragraphs of the Rules. Disputes were long and useless, so I do not want to go into them. However, the precedents of real law enforcement attributed electric transport to pedestrians. For example, in 2015, a man who crossed a pedestrian crossing on a mono-wheel was hit by a car (fortunately, without harm to health). The traffic police in the documents interpreted him as a pedestrian and had no complaints about the crossing of the pedestrian crossing on the mono-wheel (and bicycles on the traffic rules should be led on foot). A St. Petersburg mono-wheel enthusiast sent a request to the traffic police with a request to classify monowheels, to which he did not receive a clear written answer with an oral comment that monowheels are equal to pedestrians. But in January 2017 heavy artillery joined the issue - State Duma Deputy A.N. Vasiliev sent your request:
On which I received a clear response from the traffic police:
It would seem that the topic is closed. However, in the same January 2017, immediately after the traffic police response, now the Moscow City Duma wanted to equate electric transport to bicycles. It is argued that this issue is going to be considered at the spring session, but so far, over the past two months, there is no news about the movement of this idea, and the question is still hanging in the air.
Which classification option is better for personal electric? In my opinion, the best option is a pedestrian, the second place is a bicycle, and the classification as a moped will not develop it, but kill.
Pedestrians can walk along bike paths only if it is impossible to walk along sidewalks, pedestrian and cycle paths, and also on the roadside ( traffic rules 4.1 ), which is not very convenient for fast electric transport (electric scooters, monowheels). In the same paragraph 4.1, it is said that pedestrians carrying bulky objects can move along the edge of the roadway if they interfere with other pedestrians, and it is completely incomprehensible if there is a loophole for large segways. The only requirement for equipment for pedestrians - retroreflective elements outside human settlements. Also, pedestrians have no additional requirements when driving at pedestrian crossings.
Cyclists can move along the sidewalks and footpaths only if there are no cycling, cycling paths, a lane for cyclists, the right edge of the carriageway and a curb, or it is not possible to drive along them ( traffic rules 24.2 ). This is a serious disadvantage, because it is not clear how to prove the impossibility of driving on the right edge of the roadway, and electric transport, it turns out, is squeezed onto the roadway, where he, in my deep conviction, has absolutely nothing to do. Moreover, according to clause 24.6, the cyclist must dismount if he endangers or interferes with pedestrians on the pavement or the walking path. At the same time, cyclists can and should move along bicycle paths, where they are, which is a small plus for electric scooters and monowheels. According to paragraph 24.8, cyclists are not allowed to cross the road at pedestrian crossings, and must dismount, i.e. a monowheel without a retractable handle or a hoverboard should be picked up. The same point will always be violated by the owners of the monowheels, gyroscooters and mini-segways, because they will not be able to hold their hand behind the wheel of the vehicle because of its absence.
And finally, the worst option is to recognize personal electric vehicles as mopeds . This is not impossible at all, because if you take only the engine power, then the vast majority of electric vehicles have a power of 0.25 to 4 kW and fall into the category of mopeds just according to traffic regulations 1.2. And there everything is completely inconvenient - we need the rights of category M and it is forbidden to move along bicycle paths (except for lanes for cyclists), and along sidewalks with footpaths.
Deputies respond to accidents, so every electric vehicle owner can take care of his (and colleagues) legislative convenience in a very simple way - drive carefully and agitate for a polite and safe ride of his fellows. The history of mopeds of the beginning of the 10s is a clear example of this - young people bought mopeds and began to massively break down. As a result, traffic regulations tightened. With electric transport, the decision-making mechanisms are exactly the same: if news appears in the media, “a drunken monowave driver at 40 km / h crashed into a group of kindergarten for a walk,” then electric transport will be put in the fist of their rights, registrations and other things. A neat and positive ride of personal electric transport enthusiasts will force lawmakers to switch to other facets of our life, and demonstrate their usefulness with new laws there.
There are countries in which the position of electric transport is much worse than the Russian one. The tragicomic situation, when practically in the style of “Iron Standard” Sheckley new technologies do not fit in the Procrustean bed of old laws, occurs in the UK. Since electric transport has a motor, it is considered a vehicle. According to the English law of 1835 and Scottish 1984 on vehicles on the sidewalk can not ride. And on the roadway you can not drive without registration and the rights that this category of vehicles is not yet issued. It turns out that you can not go anywhere. The only exception - you can ride on private property with the permission of the owner. A similar situation occurs in the countries of the British Commonwealth (Hong Kong, Australia), which inherited many laws and law enforcement practices. In Canada, the ban is similar to the UK, but, fortunately, its execution is not monitored, riders are not caught and not fined. And in Singapore they managed to pass a special law for electric transport, on which you can drive along the sidewalks. In Switzerland, you can ride bike paths, but only if you have a license plate and insurance, which are not yet issued, so it is not possible to drive legally anywhere so far. In Germany, too, a ban is in force and regulatory acts have not yet been adopted. But in France and Belgium, the laws and regulations have already been passed, and you can legally drive along the sidewalk. In several countries, there is still no response to electric transport, and it is in the gray zone of the absence of both bans and permits. These include the Netherlands, Israel, Thailand. And finally, in the United States, a specific decision depends on the local authorities - it was banned in New York, allowed in Washington (city and state), California, and Virginia. More details about the situation with links to sources can be found here .
No matter what laws are adopted in different countries, progress cannot be stopped, and now electric transport from curiosity is becoming commonplace, starting to push bicycles off the pedestal of the most convenient and environmentally friendly urban transport.
Electric vehicle rental at VDNKh, Moscow. Photo Mobile Reporter
Deputy inquiries
The topic “Electric transport and traffic rules” has long been holivarny. The reason is simple - in the current version of the traffic regulations there is no listing of the types of electric transport with the direct assignment of any category to them, and the disputants are trying to draw to their position different paragraphs of the Rules. Disputes were long and useless, so I do not want to go into them. However, the precedents of real law enforcement attributed electric transport to pedestrians. For example, in 2015, a man who crossed a pedestrian crossing on a mono-wheel was hit by a car (fortunately, without harm to health). The traffic police in the documents interpreted him as a pedestrian and had no complaints about the crossing of the pedestrian crossing on the mono-wheel (and bicycles on the traffic rules should be led on foot). A St. Petersburg mono-wheel enthusiast sent a request to the traffic police with a request to classify monowheels, to which he did not receive a clear written answer with an oral comment that monowheels are equal to pedestrians. But in January 2017 heavy artillery joined the issue - State Duma Deputy A.N. Vasiliev sent your request:
Currently, according to the SDA, a vehicle (daee - vehicle) is a device designed to carry people, goods or equipment installed on it on roads. The vehicle includes, in particular, cars, motorcycles, mopeds, tractors and self-propelled vehicles, as well as a bicycle and trailer. In addition, changes have been made to the traffic rules regarding ordinary (non-electric) scooters: they must move along the sidewalks and drive onto the roadway only in extreme cases. At the same time, new vehicles appear that have not yet received any status in Russian legislation. Since the rules for using these tools are not fixed anywhere, many ride them on pavements, on roads, and also in public places. Such transport includes: segway, hoverboard, monowheel, electric scooters.
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The countries of Europe and the United States have long identified the Segways, gyro and electric scooters in traffic regulations as vehicles. The use of personal electric vehicles is strictly regulated. For example, the maximum speed for such facilities varies in different countries from 18 to 25 kilometers per hour. They are already sold in stores with limited speed in accordance with the law. In Russia, you can move with gigantic speed, and this is very dangerous.
When driving on the roadway, the driver of such funds may need to have an insurance policy, helmet and driver's license. Experts believe that on bicycle lanes the owners of electric vehicles will not be happy, because this massive tool will interfere with cyclists.
Based on the above, I ask you to consider the issue of expediency:
1. settlement of the status of the specified electric transport as a type of vehicle;
2. Amendments to the traffic rules taking into account the popularization of this type of transport among the population;
3. determine the measures of responsibility of the owners of electric vehicles, in the event of traffic accidents;
4. determine the zones and speeds of movement of electric vehicles.
On which I received a clear response from the traffic police:
The Department of Internal Affairs of the Ministry of Internal Affairs of Russia, within the limits of its competence, considered your appeal regarding the introduction of amendments to the Traffic Regulations of the Russian Federation, approved by a resolution of the Council of Ministers - Government of the Russian Federation of October 23, 1993 N ~ 1090 (hereinafter referred to as the Rules), in order to regulate movement of using segways, gyroscooters, monowheels, electric scooters.
From the point of view of the Rules, persons using roller skates for movement, scooters and other similar means (according to the set of operational and technical characteristics, they can be attributed, in particular, segways, gyroscooters, monowheels, electric scooters) are pedestrians , and therefore they required to know and comply with relevant requirements. In case of violation of these requirements by the person using the said means for the movement, his actions may be qualified under Articles 12.29 and 12.30 of the Code of Administrative Offenses of the Russian Federation.
In view of the above, we consider the introduction of changes to the Rules proposed by you impractical.
Acting Chief State Inspector
road safety
Russian Federation
P.I. Bugaev
It would seem that the topic is closed. However, in the same January 2017, immediately after the traffic police response, now the Moscow City Duma wanted to equate electric transport to bicycles. It is argued that this issue is going to be considered at the spring session, but so far, over the past two months, there is no news about the movement of this idea, and the question is still hanging in the air.
Who better to be?
Which classification option is better for personal electric? In my opinion, the best option is a pedestrian, the second place is a bicycle, and the classification as a moped will not develop it, but kill.
Pedestrians can walk along bike paths only if it is impossible to walk along sidewalks, pedestrian and cycle paths, and also on the roadside ( traffic rules 4.1 ), which is not very convenient for fast electric transport (electric scooters, monowheels). In the same paragraph 4.1, it is said that pedestrians carrying bulky objects can move along the edge of the roadway if they interfere with other pedestrians, and it is completely incomprehensible if there is a loophole for large segways. The only requirement for equipment for pedestrians - retroreflective elements outside human settlements. Also, pedestrians have no additional requirements when driving at pedestrian crossings.
Cyclists can move along the sidewalks and footpaths only if there are no cycling, cycling paths, a lane for cyclists, the right edge of the carriageway and a curb, or it is not possible to drive along them ( traffic rules 24.2 ). This is a serious disadvantage, because it is not clear how to prove the impossibility of driving on the right edge of the roadway, and electric transport, it turns out, is squeezed onto the roadway, where he, in my deep conviction, has absolutely nothing to do. Moreover, according to clause 24.6, the cyclist must dismount if he endangers or interferes with pedestrians on the pavement or the walking path. At the same time, cyclists can and should move along bicycle paths, where they are, which is a small plus for electric scooters and monowheels. According to paragraph 24.8, cyclists are not allowed to cross the road at pedestrian crossings, and must dismount, i.e. a monowheel without a retractable handle or a hoverboard should be picked up. The same point will always be violated by the owners of the monowheels, gyroscooters and mini-segways, because they will not be able to hold their hand behind the wheel of the vehicle because of its absence.
And finally, the worst option is to recognize personal electric vehicles as mopeds . This is not impossible at all, because if you take only the engine power, then the vast majority of electric vehicles have a power of 0.25 to 4 kW and fall into the category of mopeds just according to traffic regulations 1.2. And there everything is completely inconvenient - we need the rights of category M and it is forbidden to move along bicycle paths (except for lanes for cyclists), and along sidewalks with footpaths.
Deputies respond to accidents, so every electric vehicle owner can take care of his (and colleagues) legislative convenience in a very simple way - drive carefully and agitate for a polite and safe ride of his fellows. The history of mopeds of the beginning of the 10s is a clear example of this - young people bought mopeds and began to massively break down. As a result, traffic regulations tightened. With electric transport, the decision-making mechanisms are exactly the same: if news appears in the media, “a drunken monowave driver at 40 km / h crashed into a group of kindergarten for a walk,” then electric transport will be put in the fist of their rights, registrations and other things. A neat and positive ride of personal electric transport enthusiasts will force lawmakers to switch to other facets of our life, and demonstrate their usefulness with new laws there.
In other countries
There are countries in which the position of electric transport is much worse than the Russian one. The tragicomic situation, when practically in the style of “Iron Standard” Sheckley new technologies do not fit in the Procrustean bed of old laws, occurs in the UK. Since electric transport has a motor, it is considered a vehicle. According to the English law of 1835 and Scottish 1984 on vehicles on the sidewalk can not ride. And on the roadway you can not drive without registration and the rights that this category of vehicles is not yet issued. It turns out that you can not go anywhere. The only exception - you can ride on private property with the permission of the owner. A similar situation occurs in the countries of the British Commonwealth (Hong Kong, Australia), which inherited many laws and law enforcement practices. In Canada, the ban is similar to the UK, but, fortunately, its execution is not monitored, riders are not caught and not fined. And in Singapore they managed to pass a special law for electric transport, on which you can drive along the sidewalks. In Switzerland, you can ride bike paths, but only if you have a license plate and insurance, which are not yet issued, so it is not possible to drive legally anywhere so far. In Germany, too, a ban is in force and regulatory acts have not yet been adopted. But in France and Belgium, the laws and regulations have already been passed, and you can legally drive along the sidewalk. In several countries, there is still no response to electric transport, and it is in the gray zone of the absence of both bans and permits. These include the Netherlands, Israel, Thailand. And finally, in the United States, a specific decision depends on the local authorities - it was banned in New York, allowed in Washington (city and state), California, and Virginia. More details about the situation with links to sources can be found here .
Conclusion
No matter what laws are adopted in different countries, progress cannot be stopped, and now electric transport from curiosity is becoming commonplace, starting to push bicycles off the pedestal of the most convenient and environmentally friendly urban transport.
Source: https://habr.com/ru/post/402111/
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