Friday, August 12, 2022

LEGISLATION ON E-SCOOTERS IS IN FORCE - WHAT IT PROVIDES FOR

 Filenews 12 August 2022



It came into force after its publication in the Government Gazette on July 28th, the regulation of the movement of bicycles and other Personal Mobility Devices. The law concerns the regulations of movement with e-scooters.

In addition, an amendment to the Extrajudicial Regulation of Offenses Law has been published so that it is possible to regulate offences that have been included in the above law, which provides, on a case-by-case basis, for extrajudicial amounts of €50 or €85 (Law 138(I)/2022).

The legislation includes, inter alia, provisions for the following:

-          Distribution Area: on roads on the roadway of motor vehicles that have a speed limit of up to 30 kph [XEO], on a bicycle path, a bicycle lane or in an area that is an extension of a bicycle path (common use area by cyclists & pedestrians). In a square or pedestrian street, only after a decision of the relevant Municipality or Community.

-          Age of Users: fourteen (14) years and older.

-          Mandatory wearing of a helmet and mandatory use of clothing with appropriate fluorescent insignia for movement in the evening/at night.

-          Minimum device equipment: brake system, front & rear lamps, bell, tyres.

-          Permissible Maximum device speed: By construction it develops a maximum speed of twenty (20) Kilometres Per Hour (XEO). When users of Personal Mobility Devices move around squares or pedestrian streets, they should not exceed the speed of ten (10) kilometres per hour.

Both of the above legislations entered into force on the date of their publication, on July 28, 2022. At the same time, there are transitional provisions in relation to the minimum equipment, the provisions for maximum design speed as well as the securing of an operating license for rental companies. Specifically:

(a) The provisions of the Law on minimum equipment, design speed, and obligations of persons who manufacture and/or assemble and/or import and/or sell and/or otherwise dispose of a Personal Mobility Device, come into force on March 1, 2023.

(b) Businesses for the rental and circulation of Personal Mobility Devices that were operating before the date of publication of the Law, i.e. before July 28, 2022, must, within two (2) months submit an application to the municipality and / or community within the limits of which they offer rental and circulation services of Personal Mobility Devices, for the issuance of a relevant license.

(c) Businesses renting Personal Mobility Devices must have secured their first annual operating license twelve (12) months from the implementation of the Law, i.e. by July 27, 2023.

In the near future, the Minister of Transport, Communications and Works will take the following actions for the smooth implementation of Law 136(I)/2022:

- Issuance of a Notice which is published in the Official Gazette of the Republic, which sets the maximum licensing fee per Personal Mobility Device of the Personal Mobility Device Rental Companies.

- Issuance of a Notice published in the Official Gazette of the Republic, which sets out the specifications for the helmet that must be worn by the users of the Personal Mobility Devices.

- Issuance of a Notification which is published in the Official Gazette of the Republic, which will define a special traffic sign as an integral part of the Road Traffic Code (K.O.K.), which will be posted on a case-by-case basis in squares and / or pedestrian streets in order to inform the users of Personal Mobility Devices that they can move legally in these public places.