Small electric vehicles – what the law says

E-scooters and personal transport devices (UTO) under road traffic law

Since 20 May 2021, the Polish Road Traffic Act has contained separate definitions of an e-scooter and a personal transport device (UTO), such as an electric skateboard or a monowheel. Both types of vehicle are electrically powered and have no seat or pedals, and their design limits their speed to 20 km/h. They are not motor vehicles within the meaning of the Act, which is why rules similar to those governing bicycles apply to them.

• An e-scooter rider uses the cycle path or cycle lane and, where there is none, the carriageway on which the speed limit does not exceed 30 km/h.
• The pavement or footpath may be used only exceptionally: where there is no cycle path and the speed limit on the carriageway is higher than 30 km/h – and then at a speed similar to that of a pedestrian, giving way to pedestrians.
• It is prohibited to carry other people, to pull or tow another vehicle and to ride after drinking alcohol – this is a petty offence punishable by detention or a fine.
• An e-scooter is to be left in a place designated for that purpose or, where there is none, on the pavement parallel to its outer edge, so as to leave at least 1.5 m of width for pedestrians.

Minors on e-scooters and parental liability

A child under the age of 10 may ride an e-scooter only in a residential zone and under the supervision of an adult. Persons aged 10 to 18 must hold a cycling licence or a driving licence in category AM, A1, B1 or T. Adults do not need any licence.

Liability for damage caused by a child under the age of 13 rests with the person obliged to supervise the child – most often the parents (Art. 427 of the Polish Civil Code), unless they prove that they fulfilled their duty of supervision. An older minor is liable under the general rules, which does not rule out the parallel liability of the parents for failure to supervise. In practice, the costs of treating a pedestrian who has been hit or of repairing a damaged car are then borne by the family’s assets, unless the family is protected by voluntary personal liability insurance.

Registration, third-party liability insurance and compensation after an accident

E-scooters and UTOs are not subject to registration or to compulsory third-party liability insurance for motor vehicle holders. However, the absence of a compulsory policy does not mean the absence of liability: the injured party pursues claims directly against the e-scooter user. Moreover, it is increasingly accepted that an e-scooter is a mechanical means of transport propelled by the forces of nature, so its possessor is liable on the basis of risk (Art. 436 of the Polish Civil Code) – more strictly than on the basis of fault.

If the accident is caused by a car driver, the person riding the e-scooter claims compensation for damage and compensation for harm suffered from the driver’s third-party liability insurance – just like a cyclist or a pedestrian. In such a case, it is advisable to secure the details of the person responsible and of witnesses, call the police and gather medical records; claims include, among other things, the costs of treatment and rehabilitation, lost income, damaged equipment and compensation for harm suffered.