E-scooters: what’s legal – and what isn’t

Lorenz Keller

3.12.2024

Translation: Patrik Stainbrook

The legal requirements for scooters with electric motors are complicated – and a lot of people are unaware of them. I’ll explain what applies in Switzerland, what problems there are and what changes may be coming soon.

A survey of police forces in the major German-speaking cantons of Switzerland shows that e-scooters regularly keep law enforcement officers busy – partly because the number of them has increased.

• Basel-Landschaft police: «Many riders don’t meet the minimum age of 16.»
• Uster city police: «E-scooters are often ridden in pairs, although this isn’t permitted.»
• Cantonal police of Basel-Stadt: «There are major gaps in users’ knowledge of the applicable laws.»
• Lucerne police: «Some e-scooters go much faster than the permitted 20 km/h because they’ve been illegally manipulated.»

Most cantonal police forces don’t keep separate statistics on so-called trend vehicles. The fact that in Basel-Stadt alone there are around 200 prosecutions a year gives the impression there’s a need to catch up in this area.

These are the most important rules for e-scooters

One problem is certainly the rather complicated regulations around a «light motorcycle». This legal vehicle subcategory includes both e-bikes and e-scooters. You can also find all the details on the website of the Federal Roads Office (FEDRO) (page in German). Here are the most important rules.

• Maximum speed: a vehicle must be locked at 20 km/h. You’re not allowed to remove this limitation by remote control or app. The maximum permitted pedal assistance for an e-bike is 25 km/h.
• Power and weight: motors may have a maximum output of 500 watts. The total weight can’t exceed 200 kilogrammes.
• Multiple riders: a second seat is permitted on vehicles with pedals or if it’s specially equipped for a disabled person. A maximum of two protected seats for children are also permitted. In other words, two people are never allowed to ride on an e-scooter, even if there is room for them.
• Mandatory equipment: a bell and classic bicycle lights are mandatory – white at the front, red at the rear. Since 1 April 2022, all «light motorcycles» must have lights on during the day. Two brakes on separate wheels are also required, at least one of which must be a friction brake.
• Permitted equipment: one seat is allowed as well as more than two wheels. Rear-view mirrors, brake lights and indicators are also permitted.

• Driver’s licence: from 16 years of age, no licence is required. Between 14 and 16, a Category M permit is required. Children under the age of 14 aren’t allowed to ride an e-bike or e-scooter on the road.
• Traffic rules: the same rules apply to «light motorcycles» as to normal bicycles. For example, cycle paths have to be used. Helmets aren’t compulsory.

If you want to ride a more powerful and faster two-wheeler, you’ll need a vehicle in a different class, such as «motorcycle». Classic mopeds and fast e-bikes are categorised here. The biggest differences: these vehicles need a type approval, a licence, a licence plate and require a helmet.

What about electronic brakes?

One point always causes debate. As FEDRO puts it, brakes have to be operational at all times under all operating conditions – even with full or discharged batteries in the case of electric brakes, for example.

Many e-scooters have a friction brake and an electronic brake. The latter only works when the scooter is switched on and supplied with power. Manufacturers as well as the TCS, which tests and recommends many scooters, interpret the regulations in such a way that this doesn’t only refer to friction brakes, and that a vehicle with only one friction brake is allowed. There’s no specific regulation in the Road Traffic Act itself.

On request, FEDRO clarified the regulations: both brakes must guarantee operational safety in accordance with the Road Traffic Act and have to be powerful in accordance with the Ordinance on the Technical Requirements for Road Vehicles (VTS) on top of guaranteeing deceleration values listed in the appendix (both pages in German).

The Federal Roads Office doesn’t test vehicles itself; this is done by recognised test centres (page in German). From FEDRO’s point of view, the aim of this regulation is to encourage deactivation of the electric motor before a vehicle’s battery is fully discharged. Note, it should still be able to carry out a few more braking operations with the electromagnetic brake. This also applies to lighting, which also has to remain active for a certain period of time.

Incidentally, brakes were never an issue in the police’s survey responses, in contrast to other points such as speeding or underage riders.

Punishment and insurance problems

What’s easy to forget is that anyone riding an unlicensed e-scooter risks both a fine as well as problems with their insurance company in the event of an accident. On request, AXA summarised the possible consequences.

If there’s only property damage, liability insurance comes into play. However, the following applies: liability insurance doesn’t cover damage caused by the use of vehicles that aren’t authorised by law or the authorities. In other words, if you damage a car with an unlicensed e-scooter, for example, you have to pay for the repair yourself.

This also applies if the scooter complies with the rules but was driven by a child under the age of 14, for example. Ultimately, the parents are liable here.

Accident insurance is a little more complicated. Benefits can be reduced if – to put it simply – someone is significantly at fault for an accident (gross negligence), exposes themselves to particular dangers (hazards) or was committing a crime or offence. Of course, this doesn’t just apply to e-scooters, but generally.

In the case of an unauthorised vehicle, all three situations mentioned can apply. The extent of the reductions depends on the individual case. It’s also clear that if your own behaviour contributes to an increased accident risk, it’ll lead to greater reductions. Examples of this are riding at too high a speed or riding in pairs on a scooter.

This could soon change for e-scooters

All police forces surveyed see a need for action when it comes to e-scooters. They have specific wishes as to where regulations should be changed.

• Type approval: manufacturers and importers should have light motorcycles tested and deliver them with a certificate. This will make it clear whether a vehicle is registered.
• Insurance obligation: e-scooters and e-bikes have to be insured by the owner and provided with a corresponding licence plate. In Germany, for example, this is already mandatory.
• 25 km/h: as the maximum speed limit isn’t 20 km/h in almost all EU countries, standardisation could simplify many things.
• Structural measures: some examples being seats for only one person, non-adjustable speed limiters, clear performance specifications on the vehicles themselves.
• Helmet requirement: as with faster e-bikes and mopeds, a helmet requirement should apply to all electric vehicles.

Trend vehicles often lead to political initiatives. In the city of Zurich, a local councillor submitted a written question (page in German) to find out what the police are doing about speeding e-scooters and how the sale of such vehicles can be restricted.

Legislation has been under revision on a national level since summer 2023. An explanatory report on the consultation (page in German) already sets out the changes that are being sought.

• 25 km/h: a standard maximum speed, with or without pedal assistance.
• Heavy motorised bikes: cargo bikes with at least three wheels may be heavier, stronger and wider – but not faster. There will be a new category called «Heavy motorcycles».
• More than one seat: multiple seats are now also permitted for «light motorcycles». The manufacturer’s stated maximum weight is decisive here.
• On the road: heavy and fast motorcycles are no longer allowed to use cycle paths. Instead, you’re allowed to drive on the road.
• E-bikes from the age of 12: e-bikes may now be used from the age of 12 if the rider’s accompanied by an adult. However, this doesn’t apply to vehicles with a purely electric drive such as e-scooters.

Consultation on these proposals has finished. The Federal Council will probably decide in the next few weeks which further steps will be taken to revise road traffic legislation and which of the proposals will be implemented. These could then come into force as early as next year.

What rule changes do you think make sense for e-bikes and e-scooters? Let us know your thoughts in the comments!

Lorenz Keller

Senior Editor

Lorenz.Keller@digitecgalaxus.ch

Gadgets are my passion - whether you need them for the home office, for the household, for sport and pleasure or for the smart home. Or, of course, for the big hobby next to the family, namely fishing.

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