Due to the increase in personal mobility vehicles that are proliferating in urban areas, in which these vehicles have become an alternative means of displacement for citizens, the General Directorate of Traffic has published a transitory instruction in which it establishes a series of clarifying criteria addressed to the users of these vehicles, town halls and agents of the authority, until the corresponding regulations are published that are in line with what is being discussed in the European Union.
The formal regulation of Personal Mobility Vehicles (VMP) is currently in the processing phase, but this does not prevent an instruction, such as the one published today, from picking up the criteria to which these vehicles are subjected within the current traffic regulations. . "It was a request that policemen have made us traffic, given the situations that are occurring in many cities and that have a negative impact on road safety, especially when it affects vulnerable groups," said Javier Villalba, deputy director of regulations of the DGT
The instruction advances the definition envisaged for the VMP in the pending modification of the General Vehicle Regulations with the objective of contributing to the transparency and competition of the affected operators, starting with the current and future users themselves.
According to the instruction a VMP is a vehicle with one or more wheels equipped with a single seat and propelled exclusively by electric motors that can provide the vehicle with a maximum design speed between 6 and 25 km / h, so they are excluded of this consideration:
- Vehicles without self-balancing system and with saddle.
- Vehicles designed for competition.
- Vehicles for people with reduced mobility.
- Vehicles included in the scope of Regulation (EU) N2 168/2013: scooters with seat, motor cycle, two-wheel mopeds…. Remember that these vehicles require administrative authorization to drive, drive and have an insurance policy, in addition to the use of the helmet.
As a general rule, gadgets that do not exceed the speed of 6 km / h are considered toys.
VMPs are not required administrative authorization to drive or drive, or mandatory insurance. Therefore, points will not be deducted from the driver when it is clear that the type of vehicle he is driving is a VMP.
Penalty Behaviors
For the knowledge of both users and traffic police, the instruction also includes those improper behaviors that are subject to complaint:
- Users of personal mobility vehicles are obliged to undergo alcohol and drug tests, being sanctioned, with the same economic amount as if they were driving another vehicle, in case of exceeding alcohol rates (€ 500 or € 1,000 depending on the rate) or in case of presence of drugs in the driver's organism (€ 1,000).
In case of refusing to submit to such tests, in principle and unless the competent Prosecutor's Office of the province can establish other criteria for a possible charge for criminal offense typified in article 379.2 of the Criminal Code – which will always be of preferential application – they will be reported as administrative infraction.
If the driver is positive for alcohol or drugs, the VMP is immobilized, as is the case with other vehicles.
- As they are vehicle drivers, they are prohibited from driving using the mobile phone or any other communication system manually. The penalty would be € 200 (Article 12.2.5B of the RGC).
- They are also prohibited from driving using headphones or headphones connected to receiving devices or sound players. If they are detected, they will be denounced by this precept with € 200 (Article 12.2.5A of the RGC).
- Helmet and other protection elements. In the absence of a regulation in the General Circulation Regulation, the use of these elements will be governed by the provisions of the corresponding Municipal Ordinance. In the event that the Ordinance regulates the mandatory use of a helmet, the agent will sanction with € 200 (art 118.1 of the RGC) and will proceed to the immobilization of the vehicle in accordance with article 104.1.c) of the consolidated text of the Security Law Vial
- Traffic on sidewalks and pedestrian areas is prohibited, since Article 121 of the RGC prohibits the movement of any vehicle on sidewalks (except for skateboards, skates or similar devices that do so exclusively at the person's pace) being punishable by € 200, with the qualifications that the Municipal Ordinances can establish.
- VMP and other electrically powered light vehicles are only authorized to transport one person, so the movement of two people in VMP is punishable by € 100 fine (Article 9.1.5.E of the RGC).
- Negligent and therefore punishable driving will be considered when night driving without lighting or garments or reflective elements is performed, since in these cases, the driver does not take the necessary diligence to be seen by the rest of the drivers or the necessary precaution to avoid getting in danger. The corresponding penalty is € 200 (article 3.1 of the RGC)
- The municipal ordinances are those that establish the prohibitions regarding the stops and parking of these vehicles. From the DGT, it is advocated that the sidewalk be pedestrian, but its regulation is exclusively municipal.
- In the case of infractions committed by persons under 18 years of age, the parents, guardians, welcoming and legal guardians or de facto, will be jointly and severally liable for the infraction committed by the minor.
Vehicles marketed as VMP that are not
Due to electronic commerce and the possibility of acquiring vehicles that are sold as VMP but which are not, the DGT warns of the importance of looking at the technical characteristics of the device, paying special attention to speed, which cannot exceed 25 km / h and the power of it.
In addition, if they are put into circulation, devices that apparently offer benefits greater than a VMP and do not meet the requirements of Regulation (EU) No 168/2013, such vehicles cannot circulate on the roads subject to regulation and their drivers will be denounced with a penalty of € 500 and will be immobilization and deposit thereof. This same group includes cases of MPV that have been manipulated to alter the speed or technical characteristics.