Driving Under the Influence on Electric Scooters: Commentary on Judgment No. 48083 of 2023

The judgment no. 48083 of November 16, 2023, by the Court of Cassation provides an important interpretation regarding driving under the influence of vehicles for which no license is required, such as electric scooters. In this case, the court ruled that the accessory sanction of a driving license suspension does not apply to those operating such vehicles.

The Regulatory Context

The issue falls within the framework of road traffic regulations, particularly Article 186 of the Highway Code, which governs driving under the influence. The ruling analyzes the distinction between vehicles that require a driving license and those that do not. According to Law No. 160 of December 27, 2019, electric scooters are equated to bicycles and, therefore, their operation does not require any specific license.

Circulation of a vehicle for which no driving license is required - License suspension - Applicability - Exclusion - Case law. The accessory administrative sanction of a driving license suspension, resulting "ex lege" from the commission of offenses in violation of road traffic regulations, cannot be applied to those operating a vehicle for which no license is required. (Case related to driving under the influence of alcohol on an electric scooter, which is equated to bicycles pursuant to Article 1, paragraph 75-quinquies, Law No. 160 of December 27, 2019, for which no driving license is required).

Implications of the Judgment

This ruling represents a significant turning point in the treatment of violations related to the driving of electric scooters. The implications are manifold:

  • Regulatory clarification: the Court of Cassation clarified that license suspension is not applicable in this specific context, avoiding misinterpretations of the regulations.
  • Encouragement of responsibility: although the sanction does not apply, responsible use of scooters remains fundamental for road safety.
  • Possible future legislative changes: the ruling could encourage lawmakers to review the regulations concerning the circulation of these vehicles, with a focus on increased safety.

Conclusions

In conclusion, the judgment no. 48083 of 2023 by the Court of Cassation represents an important step forward in regulating the circulation of electric scooters and in distinguishing between various types of vehicles. Users must be aware of the current regulations and the importance of responsible behavior on the road. The clarity provided by the Court regarding license suspension is a key element in promoting the correct and safe use of these new means of transport.

Bianucci Law Firm