What happens if you get caught drunk on a bike

Do you need rights? Can you be drunk? Is it possible to drive onto roads? Analysis of traffic rules for electric scooters

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My name is Vasily Orlov.

And today I will tell you about traffic rules for electric scooters.

Let’s figure out who a person on an electric samovar is considered to be, a driver or a pedestrian. And also what you can and cannot do on an electric scooter. For example, is it legal to drive on the roads, is it necessary to wear a helmet, and is it possible to drive drunk.

An electric scooter is an ordinary-looking scooter, but, on which an electric motor is installed, you do not need to push off on it with your foot, but you just need to stand on the platform. And step on the gas or the brake. Recently, such scooters have begun to appear in large numbers on our streets or roads. Therefore, it is important to understand what rules apply to them, and this is especially important in connection with the fact that high-speed models have appeared. Which can be driven very fast.

Look at this video from Moscow, a man is driving an electric scooter in the center of Kutuzovsky Prospekt. He drives straight among cars at a speed of 80 km / h, and he does it without a helmet and any special equipment.

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Here is another video, a man rides an electric scooter on a country road, he accelerates to 89 km / h and confidently overtakes cars, such a ride is more like riding a motorcycle than a scooter, but Russian law has a different opinion on this. We, a person on any scooter, is equated with a pedestrian. That is, from the point of view of Russian traffic rules, the driver of even such a high-speed scooter is just a fast running person and the requirements for him are the same as for an ordinary pedestrian. He doesn’t need a driver’s license. He is not required to wear a helmet. And he’s not forbidden to ride drunk.

Of course, it is forbidden to ride a scooter like this. Because a pedestrian cannot be in the center of the road among cars. But, the maximum that he is threatened for this is a fine as a pedestrian from 500 to 1500 rubles. If the car hits such a scooter, it will be responsible in the same way as for hitting an ordinary pedestrian. Even if the person on the scooter violated and did not give way. So, at the moment, unscrupulous scooters can drive practically with impunity on sidewalks and roads. Creating a danger to yourself and others.

Electric scooters are different. There are such children’s models that accelerate to 12-15 km per hour. There are medium power models. they are just the most common. They accelerate to 25-30 km / h and cost anywhere from 15 to 50,000 rubles. But, there are very powerful models. Look, for example, at this scooter, it costs 300,000 rubles and can accelerate to 100 km per hour. This is a very serious technique and in YouTube reviews this model is called nothing but the king of the scooter.

The problem is that from the point of view of traffic rules, this children’s electric scooter and this king of the scooter are considered one and the same. A person on both of these scooters is equated to a pedestrian. Even if he is traveling at a speed of 100 km per hour.

Just now, I said that according to traffic rules, people on electric scooters are pedestrians. From a practical point of view, this is so. But, with Legal, there are some nuances. Now I will tell you what these nuances are. And then I will try to explain why, despite these nuances, electric scooters are still equated with pedestrians.

If you look only at the text of the rules, then the king of the scooter fits both the definition of a motorcycle and the definition of a pedestrian. Here is the definition of a motorcycle. It says that all two-wheeled vehicles with a maximum speed of more than 50 km per hour are motorcycles. The king of the scooter has 2 wheels and a maximum speed of 100 km per hour. Therefore, it turns out that he fits this definition.

But here’s the definition of a pedestrian. And it clearly states that persons moving on scooters and similar means are equated with a pedestrian. There are no specifics about power and speed. It follows from this that a person on any scooter is considered a pedestrian. Including the king of the scooter.

It turns out that according to the traffic rules, the king of the scooter is considered both a scooter and a motorcycle, and a pedestrian. And it’s not clear what to do about it. After all, if the king of the scooter is a motorcycle, then it must be registered with the traffic police, you need to get a license plate and get a driver’s license of category A. And if the king of the scooter is a pedestrian, then nothing of this need to be done. That is, now we have two definitions from the traffic rules directly contradict each other and this is absurd. After all, the law should not contradict itself. But we have what we have.

And at the moment, the situation is like this. And the reason for this is that lawmakers do not keep pace with technical progress, because when the drafters of the rules wrote the definition of a pedestrian, they did not know that scooters would appear on which you can accelerate to 100 km per hour. And when they wrote that people on scooters are equated with a pedestrian, they meant ordinary scooters on which you have to push with your foot and which children use as a toy. It was logical to equate children on such scooters with pedestrians, because earlier this definition was correct.

But, technical progress is coming before and electric scooters have appeared. They began to fall under two definitions at once. The king of the scooter. is considered both a motorcycle and a pedestrian at the same time. Medium power scooter. both a moped and a pedestrian. And low-power scooters. bicycle and pedestrian. So now, from the text of the traffic rules, it is not clear who the electric scooters are considered to be. Therefore, let’s turn to the traffic police manual for clarification.

State Duma Deputy Vasiliev. made an official inquiry about the status of the electric scooter, and the Acting Chief State Inspector Bugaev replied to him that persons on electric scooters are equated to pedestrians. Another request was sent to the head of the traffic police Chernikov, and there they replied that a driver’s license for electric scooters. not required. From which it follows that they are equated to pedestrians. The same, says the head of the traffic police propaganda department in the city of Moscow: those who move on scooters, roller skates, segways, gyroscooters, any other gadgets, they are all pedestrians. All these answers are formulated rather vaguely, but the general meaning is clear. At the moment, from the point of view of the traffic police management, all electric scooters, gyro scooters, segways, unicycle and similar means are equated to a pedestrian. Use the law directly. impossible, therefore, you have to use the answers of the traffic police.

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So now, a person on any scooter is considered a pedestrian and the requirements for him are the same as for an ordinary pedestrian. He does not need a driver’s license, he is not required to wear a helmet, and he is not prohibited from driving drunk. And if you hit him, then you will be responsible in the same way as for hitting an ordinary pedestrian. Even if he did not yield to you or turned incorrectly, therefore, be careful if you do not want to go to the colony.

The problem with traffic rules for electric scooters has been known for the last two years, deputies constantly speak about them. Round tables are being gathered. Federal channels are reporting on this. So, for sure, soon they will make changes to the traffic rules and the electric scooter will receive some more definite status. But what kind of status it is is not yet clear. Therefore, let’s look at the possible options. Now there are 4 potential categories for electric scooters in traffic regulations: pedestrians, bicycles, mopeds, motorcycles.

Let’s take a closer look at the rules for each of these categories and think about which one is most suitable for electric scooters.

  • The most serious category is motorcycles. It is considered a motorcycle. all two-wheeled vehicles with a maximum speed of more than 50 km / h and an engine capacity of more than 50 cm. A motorcycle is a serious technique. Almost all the rules for motorcyclists are the same as for car drivers. Motorcyclists must obtain a driver’s license from the traffic police. They can only ride on roads and not on sidewalks and bike paths. The motorcycle must be registered with the traffic police. Obtain a license plate and buy an OSAGO policy. Also, it is imperative to wear a helmet and there is a strict punishment for driving drunk. If they are caught drunk on a motorcycle, they will be deprived of their rights for a year and a half. over, all rights not only to the motorcycle, but also to the car. A motorcycle is a dangerous pastime for literate adults. Therefore, the law places the same strict requirements on motorcyclists as it does on motorists.
  • In contrast to motorcycles, there is another category. bicycles. In addition to ordinary bicycles, e-bikes with low-power motors up to 250 watts and a maximum speed of up to 25 km per hour also fall there. Cyclists are already considered vehicle drivers and are required to follow certain rules. For example, do not interfere with pedestrians, but the demand from them is much less than from motorcyclists. The law does not require getting a license to ride a bike. No helmet required. And also in some cases it is allowed to drive on sidewalks. But it limits the movement of bicycles on the roads. For example, they cannot turn left on multi-lane roads. Instead, they need to dismount and use the pedestrian crossing. Riding a bicycle while drunk is formally prohibited, but no one is watching. And even if they are caught, the maximum that threatens is a fine of 1,500 rubles. A car cannot be deprived of a license for soldering a bicycle. It seems to me that such requirements for cyclists are quite adequate and cyclists should not be treated too harshly.

All two-wheeled vehicles now fall into one of four categories. The more powerful and potentially dangerous the technique is, the more senior it falls into and the more requirements for the driver. Electric scooters are now equated to pedestrians, so you can ride drunk, without a helmet and without a license, and nothing will happen for that. Obviously, this should not be so, and all electric scooters, without exception, should not be equated with pedestrians, but this problem can be corrected in different ways. Someone suggests equating all electric scooters with bicycles. Someone suggests making a new separate category for them and writing their own rules. I like both of these options.

Electric scooters are different, so you do not need to row them with the same brush and consider them as a whole. The categories in our rules are already more or less normal and the scooters just need to be broken down into these already existing categories. That is, we can only equate scooters without a motor to pedestrians. And if there is a motor, then, depending on the power and speed of the scooter, equate it either to a bicycle, or to a moped, or to a motorcycle. And depending on this, present requirements of different severity to the driver. A low-powered scooter that goes up to 25 km per hour should be considered a bicycle, and a racing scooter that goes up to 100 km per hour should be considered a motorcycle. And if a driver wants to ride such a racing scooter on public roads, then let him get a category A, register his scooter with the traffic police and obey all other rules for motorcyclists. Or let him use his scooter as a sports equipment off public roads. If all electric scooters are equated with bicycles, it will be worse. We will get the same situation as it was with scooters before 2013. Powerful high-speed vehicles can be driven drunk without a license and without a helmet.

So I hope this will not happen. And electric scooters will still be divided into categories. It may also be worth slightly moving the power boundary between the bike and the moped. Now, according to traffic rules, everything up to 250 is a bicycle, and from 250 watts to 4 kilowatts it is a moped. Now there are many models of scooters with a maximum speed of 25 km per hour. But the power, for example, 300 watts, 350 watts. If you leave everything as it is, then they will fall into the category of mopeds and in order to drive them you will need a driver’s license. Perhaps this is overkill and such models should still be considered bicycles. Therefore, the border of power, speed between bicycles and mopeds can be slightly increased.

But so far, these are all fantasies and a breakdown by categories has not been introduced and anyone can ride on high-speed electric scooters, including children without a license. Our government and deputies have been talking for 2 years that it’s time to put everything in order. But for now, everything remains as it is. I think there will definitely be some changes in the rules in the near future. And I hope that they will improve the situation, not make it worse. But, unfortunately, there is no certainty about this. Remember how you first introduced and then canceled the thorns sign.

For cyclists over the age of 14

24.1. Cyclists over the age of 14 must travel along cycle paths, cycle paths or cyclists’ lane.

Important. This paragraph establishes the obligation for cyclists over 14 years old to move on a specially designated section of the road, if available. Driving on other road elements is prohibited. All subsequent paragraphs establishing a different location of cyclists on the road are a sequence of exceptions from the first paragraph.

Rules for the movement of cyclists on the sidewalk and pedestrian areas

24.6. If the movement of the cyclist on the sidewalk, footpath, shoulder or within pedestrian zones endangers or interferes with the movement of other persons, the cyclist must dismount and follow the requirements provided for by these Rules for the movement of pedestrians.

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On the sidewalk, pedestrians and others have full advantage over cyclists. This also applies to crossing roads and crossing exits from adjacent areas when the cyclist moves on the sidewalk.

Basic terms

First of all, let’s get acquainted with the basic terms and definitions that cyclists need to know.

“Bicycle”. a vehicle, other than wheelchairs, which has at least two wheels and is propelled, as a rule, by the muscular energy of the persons on this vehicle, in particular by means of pedals or handles, and may also have an electric motor with a rated maximum power in continuous load mode, not exceeding 0.25 kW, automatically disconnected at a speed of more than 25 km / h.

The main thing to note is that a bicycle is a vehicle. All requirements of the Rules relating to vehicles apply equally to bicycles.

The bike can be equipped with an electric motor with a power of no more than 0.25 kW with automatic shutdown at a speed of more than 25 km / h.

Electric bike

“Cyclist”. a person who drives a bicycle.

Cyclist. controls the bike. If you ride a bike nearby, then you already become a pedestrian.

Cyclists and pedestrians

“Cycle path”. structurally separated from the carriageway and sidewalk element of the road (or a separate road), intended for the movement of cyclists and marked with sign 4.4.1.

The cycle path is structurally separated from the roadway or sidewalk, and can also be made as a separate road, that is, form full-fledged intersections with highways. To mark it, it is necessary to have a road sign “Bicycle path”.

Bicycle lane

“Driver”. a person who drives a vehicle, a driver who drives packs, mounts or a herd along the road. Driving training equates to a driver.

“Pedestrian and bicycle path (bike path)”. structurally separated from the carriageway element of the road (or a separate road), intended for separate or joint movement of cyclists with pedestrians and marked with signs 4.5.2. 4.5.7.

A relatively new road element in the Road Traffic Regulations intended for joint or separate movement of cyclists and pedestrians.

Bike path

“Lane for cyclists”. a lane of the carriageway intended for traffic on bicycles and mopeds, separated from the rest of the carriageway by horizontal markings and marked with sign 5.14.2.

The latest innovation in traffic rules is a special dedicated lane on the roadway, in the same way as for the movement of route vehicles. In addition to bicycles, it is also designed for the movement of mopeds.

Cyclist lane

Roadside driving

The second exception is roadside driving:

  • if there are no cycle and cycle paths, a lane for cyclists, or there is no opportunity to move along them or along the right edge of the carriageway;

What is the maximum speed of a cyclist?

The maximum speed of a cyclist is limited in the same way as for other vehicles. In the city, it is forbidden to exceed the established limit of 60 km / h, in courtyards and residential areas, the permitted speed is no more than 20 km / h. Cyclists are obliged to comply with the speed limit road signs.

In addition, a cyclist can only reach speeds above 25 km / h using his own strength, since, in accordance with the definition of “Bicycle”, the speed developed by a bicycle electric motor cannot exceed 25 km / h.

Driving on the right edge of the carriageway

The first exception. cyclists are allowed to move along the right edge of the carriageway. in the following cases:

  • there are no cycle and bike paths, a lane for cyclists, or there is no opportunity to move along them;
  • the overall width of the bicycle, its trailer or the cargo being transported exceeds 1 m;
  • the movement of cyclists is carried out in columns;

And so, if there is no dedicated section of the road for the movement of bicycles, the cyclist must first of all move along the right edge of the carriageway.

Actual Autonews

SO, THE BICYCLE MAY, FIRST, HAVE MORE THAN TWO WHEELS, AND SECONDLY, AN ELECTRIC MOTOR WITH A POWER OF 0.25 KW: IN THE CASE IF THE POWER OF THE INSTALLED MOTOR IS HIGHER, THERE IS A POWER SUPPLY.

Is it illegal to ride a bike drunk? (Vehicle Code 21200.5 VC)

It should be noted separately that according to the rules, pedestrians are considered persons “using roller skates, scooters and other similar means for movement”. that is, a vehicle with a wheel drive (or wheels) is considered a bicycle. In addition, if a person does not ride a bicycle, but leads him next to him, then he is also considered a pedestrian, and not a cyclist.

Another note concerns the classification of a bicycle as a vehicle: a bicycle itself is a vehicle, but it is not a power-driven vehicle, since the latter is understood as a “vehicle driven by an engine”. This is important in terms of rules and penalties for cyclists.

What are fined for?

The traffic police declare that they are always guided by the rules of the road. And any violator can be fined. That is, a cyclist can be penalized if:

  • He is driving a faulty vehicle (do not release the brakes, because it’s cooler).
  • He does not have headlights or lanterns turned on in the dark, and in the daytime. dipped headlights or daytime running lights (to be honest, I have not seen a single two-wheeler in the city with a lantern turned on during the day).
  • It carries passengers, and this is not provided for by the design of the vehicle (children under 7 years old can only be transported fastened, in a child seat, and you need to forget about skating on a frame at all).
  • It crosses the road on pedestrian crossings on a bicycle (the ban was introduced for a reason. the cyclist has a high speed and, leaving the crossing, does not leave the driver time to make a maneuver to prevent an accident).
  • He turns left and turns on roads with more than one lane in this direction (that is, turning left in the city for a cyclist is prohibited on almost all major streets).
  • He rides drunk.

However, as the traffic police admit, most often they fine cyclists for crossing the road without dismounting, or for driving on the sidewalk. And if with the first point everything is more or less clear, then with the second there are questions. According to traffic regulations, there should be no cyclists on sidewalks or pedestrian areas. Although there is a caveat: they can go there if “there is no way to move” neither on the bike path, nor on the right edge of the carriageway.

The journalists of the 66.ru Portal asked the car lawyer Maksim Edryshov what it means “there is no way to move.” As the expert explained, the law deals with an obstacle that does not allow a cyclist to move along the right edge of the carriageway.

If you are stopped by a traffic police officer and wants to fine, but you do not agree with this, then ask him to draw up a protocol and attach a diagram to it. Do not forget to take photos of the obstacle that caused you to drive onto the sidewalk. “As a result, these documents will be sent to the commission, which will then consider, together with you, whether there was a violation or not,” says Edryshov.

However, the director of the Gorod.PRO fund, Larisa Buzunova, on the other hand, claims that she was stopped only twice during the entire cycle. “And when I was driving along the edge of the roadway and only to ask me to move on this section of the road along the sidewalk for my own safety,” she says.

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Driving on the right edge of the carriageway

The first exception. cyclists are allowed to move along the right edge of the carriageway. in the following cases:

  • there are no cycle and bike paths, a lane for cyclists, or there is no opportunity to move along them;
  • the overall width of the bicycle, its trailer or the cargo being transported exceeds 1 m;
  • the movement of cyclists is carried out in columns;

And so, if there is no dedicated section of the road for the movement of bicycles, the cyclist must first of all move along the right edge of the carriageway.

Cycling fines

Article 12.29. Violation of the Traffic Rules by a pedestrian or other person participating in the process of traffic

Violation of the Traffic Rules by a person driving a bicycle, or by a driver or other person directly involved in the process of road traffic (with the exception of the persons specified in Part 1 of this Article, as well as the driver of a vehicle). shall entail the imposition of an administrative fine in the amount of eight hundred rubles.

Violation of the Traffic Rules by the persons specified in Part 2 of this Article committed in a state of intoxication. shall entail the imposition of an administrative fine in the amount of one thousand to one thousand five hundred rubles.

Violations of the Traffic Rules discussed in this article for a cyclist will cost 800 rubles, and in the event of a violation while intoxicated, from 1000 to 1500 rubles.

Recently, a wave of fines fell on cyclists in St. Petersburg: traffic police officers began to stop them and issue fines for violation of traffic rules.

“Bicycle”. a vehicle, other than wheelchairs, which has two or more wheels and is propelled by the muscular power of the people on it.

All points of the traffic rules, where the combination of “vehicle” or the word “driver” is used, should also be noted and studied by cyclists.

You can move only along the carriageway, on the right side in the direction of travel. It is prohibited to drive against the flow of cars. Driving on the side of the road is also allowed if it does not interfere with pedestrian traffic.

It is prohibited to move on the sidewalks. Dismounting and taking the bike by the wheel, the cyclist turns into a pedestrian and has every right to walk on the sidewalk.

Dedicated public transport lanes are created exclusively for buses and trolleybuses. Be it Nevsky or Vladimirsky Prospekt. Traveling on the public transport lane can result in a fine for the cyclist.

If there is a cycle path next to the carriageway, then the cyclist is forbidden to ride in the stream of cars, you need to move to your “zone”.

How to behave on the road?

The cyclist entering the roadway must not be younger than 14 years old. However, those who have not yet received a passport can also ride off-road in the village.

Driving at a red traffic light is prohibited. On the road, the cyclist obeys the basic rules for motorists.

At an unregulated pedestrian crossing, the cyclist should slow down or stop altogether and let pedestrians pass. You must not try to bypass pedestrians, wagging from side to side on the road, in this case you are breaking the rules.

Show maneuvers with gestures. If you want to make a turn, then you should in advance stretch out your hand in the direction of the turn (right. to the right, left. to the left). Cyclists are prohibited from turning left if the road has more than one lane in one direction.

In the city, turning to the left is prohibited almost everywhere.

Riding without hands is prohibited by the rules, at least one hand must be on the steering wheel at all times.

Drunk driving is also frowned upon among cyclists. Even the fine under this article will be higher, but more on that later.

Technical condition of the bike

The bike must have a working braking system and steering system. Penalties for cyclists with faulty or altered equipment are provided for by the Code of Administrative Offenses.

Driving in the dark only with rear and front lights. According to the rules, even in the light of the sun, the cyclist must have daytime running lights to indicate the vehicle.

Reflective elements on clothing and backpacks are required to be even more visible on the road.

A bicycle helmet is absent from the traffic rules as mandatory in a cyclist’s outfit. He helps to save life.

Cycling fines

According to the Administrative Code, almost any violation of the rules by a cyclist entails a fine of 800 rubles. A special article prescribes a fine for driving while intoxicated: its size varies from 1,000 to 1,500 rubles.

Aggravating circumstances will also cost a lot: causing minor or moderate harm to the health of another road user. The fine for this article also ranges from 1,000 to 1,500 rubles.

They can be fined 1000 rubles for violation of the rules, “entailing interference in the movement of vehicles”.

Today St. Petersburg is at the stage of formation of a “bicycle culture”, while the city does not have a developed system of bike paths, so routes have to be laid along the carriageway. Think before driving a bicycle and breaking traffic rules.

For cyclists over the age of 14

24.1. Cyclists over the age of 14 must travel along cycle paths, cycle paths or cyclists’ lane.

Important. This paragraph establishes the obligation for cyclists over 14 years old to move on a specially designated section of the road, if available. Driving on other road elements is prohibited. All subsequent paragraphs establishing a different location of cyclists on the road are a sequence of exceptions from the first paragraph.

Rules for the movement of cyclists on the sidewalk and pedestrian areas

24.6. If the movement of the cyclist on the sidewalk, footpath, shoulder or within pedestrian zones endangers or interferes with the movement of other persons, the cyclist must dismount and follow the requirements provided for by these Rules for the movement of pedestrians.

On the sidewalk, pedestrians and others have full advantage over cyclists. This also applies to crossing roads and crossing exits from adjacent areas when the cyclist moves on the sidewalk.

Rules for the movement of cyclists on the roadway

24.5. When cyclists move on the right edge of the carriageway in the cases provided for by these Rules, cyclists must move only in one row.

The movement of a column of cyclists in two rows is allowed if the overall width of the bicycles does not exceed 0.75 m.

The column of cyclists must be divided into groups of 10 cyclists in the case of single-lane traffic, or into groups of 10 pairs in the case of two-lane traffic. To facilitate overtaking, the distance between groups should be 80. 100 m.

Actual Autonews

In addition, it is worth remembering that cyclists also have their own prohibiting sign 3.9 “Bicycles are prohibited”, which is supplemented by the standard “bricks” (3.1) and “No traffic” (3.2).