Since the appearance of electric scooters, controversies have been recurring, particularly around the incivility of certain users. But in the Netherlands, the regulatory framework for electric scooters exceeds that of the EU and poses problems.
You may want to limit the use of electric scooters in pedestrian areas and on sidewalks to avoid accidents and complaints from pedestrians. On the other hand, banning the use of electric scooters on public roads is another thing. In the Netherlands, it's almost the same: let's say that to get scooters approved, the path seems arduous with very strict regulations and approval difficult to obtain.
A law contrary to that of Europe
It is always difficult for a European country to take measures different from those of Europe. Certainly, the EU is a supranational and not federal institution, states still remain free to establish their own legislation. But in the event of a conflict, the principle of primacy of European Union (EU) law applies and is based on the idea that in the event of a conflict between EU law and the law of a Member State (national law), EU law prevails. This principle ensures the implementation of Union policies.
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And the whole problem with this controversy in the Netherlands comes from a law which goes further than that in force within the framework of European law. The new “LEV framework” still makes the approval of LEVs (especially electric scooters) very restrictive. The media Bright underlines: very strict rules apply to these vehicles.
According to the LEVA-EU association, this framework is “contrary to existing European legislation“. The association adds: “this undermines the principles of the European single market and ignores years of standardization efforts and stakeholder engagement. »
A problem of perception
If the Netherlands seems so strict on electric scooters and self-balancing vehicles, it is because the legislation applied to category L mopeds is the one that the Netherlands wishes to apply to LEVs, as Annick Roetynck explains, secretary of LEVA-UE: “By continuing to apply category L rules via the LEV framework, the Netherlands is acting contrary to European law. This also constitutes an illegal obstacle for manufacturers who wish to place vehicles on the Dutch market ».
An obstacle to green mobility?
According to the LEVA-EU organization, the Netherlands “hinder innovation and the transition to cleaner mobility“. The association is working for a change in Dutch law which would allow more flexible legalization for electric scooters in the Netherlands: “LEVA-EU calls on Dutch minister and state secretary to review current policies, respect EU law and cooperate with stakeholders ».
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