Electric Scooter Riders Beware: Drunk Driving Laws Apply
Electric Scooters Considered Mechanically Powered Vehicles for Drunk Driving Offenses in Hungary
The head of the Criminal Chamber of the Budapest-Capital Regional Court of Appeal clarified that electric scooters are considered mechanically powered vehicles and can therefore be used to commit drunk driving offenses. This ruling comes in the midst of an ongoing debate regarding the legal classification of electric scooters in Hungary.
A survey conducted in the summer of 2024 revealed that there are approximately 100,000 electric scooters in Hungary, including both private vehicles and those belonging to scooter-sharing providers in major cities. Despite their increasing popularity, electric scooters are not yet specifically listed in the Highway Code, leading to uncertainties regarding speed limits, lighting rules, and safety device requirements.
However, according to the judicial practice, the offense of drunk driving can also be committed with an electric scooter. The definition of a “motor-driven vehicle” in criminal law is clear – any vehicle propelled by a motor is considered as such. As electric scooters are powered by battery-powered motors and used for transportation on roads, they fall under this category.
The principle of the Highway Code, “do not endanger,” applies to all road users, including electric scooter riders. In cases where detailed regulations are lacking, this principle serves as a guiding rule to prevent traffic hazards. For instance, a driver of an electric scooter who causes serious harm to another person can be prosecuted for an offense against physical integrity.
Since July, liability insurance has been made mandatory for electric scooters weighing more than 25 kilograms or capable of speeds exceeding 25 kilometers per hour. Even scooters under 25 kilograms with speeds over 14 kilometers per hour are subject to this insurance requirement.
As the number of electric scooter accidents continues to rise, safety measures and legal clarifications are being urgently addressed to ensure the safety of all road users. The debate surrounding the classification and regulations of electric scooters highlights the need for clear guidelines and responsibilities in the rapidly evolving field of personal transportation.
