Scooters, the debate on rules and ordinances ignites: the TAR rejects the one for the mandatory helmet

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“We want regulation on the use of scooters in the city”: the mayor of Genoa (and mayor of the Metropolitan City) Marco Bucci asked for it in recent days, commenting on the tragic fatal accident that took place in the Ligurian capital which involved a young woman 34-year-old mother aboard a scooter.

The mayor of Genoa is only the last of the administrators to ask for stricter rules on the circulation of scooters, which are now increasingly frequent in cities due to the coronavirus pandemic (which forced to look for alternative ways to buses and private cars to move) and thanks to government incentives aimed at facilitating the purchase.

The death of Federica Picasso, 34, has in fact rekindled a discussion that has been going on for some time now, and which mainly concerns the ways in which scooters can circulate on roads on which, excluding cycle paths, cars and public transport also travel. Especially in light of the numerous accidents that have occurred in recent months, two of which were fatal: one in Budrio in June 2020, and that of Genoa.

In the last few hours there have been many associations that have given voice to concerns and fears, both for those who use the scooter and for other road users, pedestrians in the first place. According to the Observatory of the Association of Supporters and Friends of the Traffic Police, according to the law of probability and large numbers, there were 125 serious accidents involving scooters, according to the Observatory of the Association of Supporters and Friends of the Traffic Police. to proceed on two paths: on the one hand, compulsory road education for young people (but not only) to teach them to use the scooter safely, on the other hand, the introduction of the obligation to wear a helmet.

The case of Florence: the ordinance of the mayor Nardella for the mandatory helmet has been rejected

The spokesperson for this last request was the mayor of Florence, Dario Nardella, who, to regulate the circulation of scooters in his city, had signed an ordinance in which the wearing of helmets at any age was mandatory from February 1st. Inevitable the outcry of some sharing companies – in the case of Florence, Timove and Bit Mobility – which have turned to the TAR.

Within a few days, the administrative judges annulled the order, arguing that “the generic references to the contingent and urgent power of order are not alone in quantifying the nature of the act”, not finding confirmation in a “concrete and effective situation local emergency “. In short, the mayor can only intervene for urgent and local measures, but not fully regulate the methods of use of means of transport such as scooters.

“According to constant jurisprudence, the provisions governing circulation on the municipal roads take on a typically managerial and executive nature and, therefore, belong to the competence of the managers, and not of the mayor”, reads again in the sentence of the TAR, which in fact refers to the legislator: “only the provisions concerning the establishment and regulation of restricted traffic areas are attributed to the competence of the council (or in case of urgency to the mayor) – explain the judges – as considered by the legislator to have the greatest impact for local community “.

The Municipality of Florence has already announced its intention to carry on a battle concerning “public safety and the health of citizens”, as Nardella said, but the fatal accident in Genoa forced several local administrators to rethink the question trying to solicit responses at the national level.

“Unfortunately, it is not the mayor’s task to regulate scooter traffic and for this reason we are asking and we have asked just today to have regulation as soon as possible – said the mayor of Genoa Bucci – because the city needs it”.

Scooters, what the law says

The regulation of the circulation of scooters is contained in the explanatory circular of the Traffic Police Service of 9 March 2020.

The law of 28 February 2020 (which converted with amendments the “milleproroghe decree”) also introduced provisions on the circulation of devices for electric micro-mobility and on atypical vehicles.

The law, in addition to extending the term of conclusion of the trial by twelve months, bringing it to July 27, 2022, also regulates the circulation of electric scooters, even outside the scope of the trial, and also of segways, hoverboards, monowheels and similar electric personal mobility devices.

The circulation of electric scooters, due to the effect of equating to bicycles, is not subject to particular requirements relating to homologation, approval, registration, registration, insurance coverage.

To drive on the road, however, they must have specific characteristics: an electric motor with a continuous nominal power not exceeding 0.50 kW (500 watts); they must not be equipped with a seat for the user (because they are intended to be used by the latter with a standing posture); they must be equipped with a speed limiter that does not allow them to exceed 25 km / h when traveling on the carriageway and 6 km / h when driving in pedestrian areas, and a bell.

They must also have the CE marking, and from half an hour after sunset, during the whole period of darkness, and during the day in case the weather conditions require lighting, they must be equipped with white or yellow front lights and with red lights and red rear reflectors for visual signals. Otherwise they cannot be used, but only carried or carried by hand. Also introduced the obligation to wear the retro-reflective vest in conditions of poor visibility.

On the helmet front, however, the law introduces the obligation to wear it for minors under 18 years of age.

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