Whether or not it is within the facet streets or the bicycle lanes, it is not exhausting to seek out electrical scooters right here in Hong Kong. Riders all love them for his or her comfort. Although in recent times, there have been accidents involving these electrical automobiles in query. On the finish of final 12 months, two individuals severely injured their heads whereas driving an electrical scooter, then handed away within the emergency ward. Are there any legal guidelines involving electrical scooters in Hong Kong? Do it’s essential to safe an insurance coverage plan when you drive one? Immediately at INO, our group of specialists will dive into these questions for you.
You do not have to be registered or have a driver’s license for electrical scooters
Proper now, the legislation in Hong Kong nonetheless views electrical scooters as substandard “electrical mobility units”. Based on the Street Visitors Ordinance, an “vehicle” consists of all mechanically propelled automobiles. This extends to all electricity-powered unicycles, scooters, stability bicycles, and bicycles. To legally drive an electrical mobility gadget in Hong Kong, it’s essential to receive a license from the Transport Division (TD).
In 2001, TD said that electrical scooters are usually not fitted to driving on roads, which is why there was no registration or awarding of driver’s licenses. In different phrases, it’s unlawful to drive electrical scooters on the highway. Anybody driving an electrical mobility gadget on site visitors lanes, roads, pavements, or bike lanes could also be breaking the legislation. Starting from comparatively minor offenses to probably the most critical offense with 10 years of jail time, these embody:
- Driving an unregistered automobile
- Driving with out a license
- Driving with out third-party automobile insurance coverage
- Careless driving
- Harmful driving
- Inflicting grievous bodily hurt by harmful driving
- Inflicting dying by harmful driving
This April, the police stepped up the crackdown on the unlawful use of electrical mobility units. Quite a few customers have been charged with “driving an unregistered automobile”, “driving with out a legitimate driving license”, “utilizing a automobile with out third-party insurance coverage” and “driving with out carrying an authorized protecting helmet”, in addition to different costs.
Violating the Street Visitors Ordinance will have an effect on your insurance coverage claims
As talked about, driving an electrical scooter (i.e. an unregistered automobile) on the highway, and even on a non-public highway, violates associated legal guidelines on the Street Visitors Ordinance. This can have an effect on your insurance coverage claims.
Below regular circumstances, you’ll be able to nonetheless obtain compensation when you by chance harm somebody, however possess third-party automobile insurance coverage. As a result of driving an electrical scooter is prohibited in Hong Kong, even when you already personal third-party automobile insurance coverage, you will not get compensated. In fact, this may not have an effect on you when you’re a sufferer of this accident and have purchased particular person accident insurance coverage or life insurance coverage. So long as you show that you simply have been injured in an “accident”, then you’ll be able to nonetheless obtain your claims.
The federal government intends to permit electrical scooters on bicycle lanes
Lately, TD plans to amend the legislation. Electrical scooters and electrical bicycles are each allowed to drive on the bike lane, however not the site visitors lanes. In December of 2017, TD commenced the Consultancy Examine on Enhancing Walkability in Hong Kong. It explored the regulatory insurance policies for electrical mobility units in several cities. Many of the 12 jurisdictions or cities within the examine do not enable using electrical bicycles and electrical mobility units, particularly electrical scooters, electrical stability automobiles, and electrical unicycles, on the pedestrian highway.
Hong Kong designed roads which can be centered round cars, so there aren’t any bike lanes in any respect. On high of that, our metropolis is crowded with individuals and automobiles, even in non-business districts. With such busy, bustling streets, it is not beneficial to make use of electrical mobility units or electrical bicycles within the site visitors lanes. Nevertheless, you continue to have the choice to journey freely on bike lanes.
Count on the TD to start out making amendments to the Street Visitors Ordinance subsequent 12 months. To check the general public’s acceptance for electrical mobility units and electrical bicycles on biking tracks, it is going to conduct discipline trials within the Hong Kong Science Park and Tseung Kwan O. You will notice this beginning within the second half of the 12 months. Additionally, TD will check the person interactions between electrical bicycles and abnormal bicycles, and the impact of imposing sure security necessities on customers. Then, it is going to set additional related rules and technical necessities, comparable to velocity management, security units, person age restrictions, and technical specs, and can examine the introduction of penalties.
Visitors legal guidelines regarding electrical scooters in different nations
Sooner or later, will we have to purchase insurance coverage for electrical scooters? In fact, we’ll need to consult with amendments to the Street Visitors Ordinance. Possibly the nations included within the Consultancy Examine on Enhancing Walkability in Hong Kong, and the methods with which they deal with electrical scooters will shed some gentle on this query.
Apart from Barcelona, Germany, France, and Queensland, Australia, different areas/cities don’t require drivers to buy insurance coverage for his or her electrical mobility units.
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