Who will be required to do RCA on electric scooters: First official estimates / Bolt and Lime say their scooters are exempt

The Financial Supervisory Authority (ASF) estimates, in a response to HotNews.ro's request, that “it may be necessary to conclude the RCA insurance for a number of approximately 7,500 – 30,000 electric scooters”, as soon as the law recently adopted by the Parliament will be published in the Official Gazette. On the other hand, Bolt and Lime officials say their scooters won't need RCA because they don't exceed 25kg and are limited by design to not exceed the legal speed of 25km/h.

The plenary session of the Chamber of Deputies, the decision-making body, adopted, on October 22, the draft RCA law by which certain scooters and electric bicycles, which are now not subject to registration or registration, will fall under the mandatory RCA insurance.

The draft law was promulgated on Thursday by President Nicușor Dan and will enter into force after publication in the Official Gazette.

Which scooters and electric bikes will need RCA

In the new RCA law, which transposes an EU Directive, the term “vehicle” has been redefined as follows:

• a) any means of transport on land with its own propulsion with a maximum constructive speed greater than 25 km/h; or
• b) any self-propelled means of transport on land with a weight greater than 25 kg and a maximum design speed greater than 14 km/h;
• c) any trailer intended for use with the vehicle referred to in letter a) or b), regardless of whether it is coupled or uncoupled;
• d) tram”

The Financial Supervisory Authority (ASF) shows, in the clarifications to HotNews.ro, that the new vehicles that will have to be insured by RCA could be:

• electric scooters, electric bicycles (eBikes);
• segways, electric unicycles and other similar models;
• electric skateboards (hoverboards);
• certain motorized industrial and agricultural vehicles;
• other two- or three-wheeled vehicles with electric/mechanical propulsion that are not “classic” vehicles and that exceed one of the conditions.

“The insurance obligation for all vehicles that fall within the definition above is established from the moment the law is published in the Official Gazette,” says the authority.

What scooters and electric bikes are exempt

Electric scooters and bicycles whose maximum design speed does not exceed 25 km/h do not need to be registered and do not need RCA, according to the current legislation, notes the authority.

“According to GEO 195/2002 regarding traffic on public roads and Regulation (EU) No. 168/2013, the electric scooter is the vehicle with two or three wheels and a handlebar, used for the transport of a single person, which is not provided with a seat or which is equipped with a seat for the driver, whose reference point of sitting is at a height less than or equal to 540 mm in the case of those with two wheels, respectively at a height less than or equal to 400 mm in the case of those with three wheels, whose maximum design speed is greater than 6 km/h, but does not exceed 25 km/h and which is equipped with an electric motor. According to the above definition, to be considered an electric scooter, a vehicle must not exceed the maximum design speed of 25 km/h”, says ASF.

“As far as electric bicycles are concerned”, ASF states that, “according to the provisions of the same normative acts, a bicycle is a vehicle equipped with two wheels, propelled by muscle power, with the help of pedals or cranks”.

“Vehicles with assisted pedaling equipped with an auxiliary electric motor with a rated continuous power of less than or equal to 250 W, whose assistance is interrupted when the cyclist stops pedaling or is progressively reduced as the speed of the vehicle increases, being completely interrupted before the speed of the vehicle reaches 25 km/h, as well as motorized bicycles, as provided for in Regulation (EU) no. 168/2013 of the European Parliament and of the Council of January 15, 2013 regarding the approval and market surveillance of two- or three-wheeled vehicles and quadricycles. Registration is not required for these vehicles,” the authority states.

On the other hand, ASF warns, “if vehicles are identified that can constructively be visually assimilated to scooters or electric bicycles, but according to the specifications or modifications made, they have a speed greater than 25 km/h or do not fall within the defined technical parameters, it is recommended that the owner inform himself about the obligation to homologate, register or register the vehicle for circulation on public roads, as it corresponds to another category of vehicle. In this case it is also necessary to take out RCA insurance”.

How many electric scooters will need RCA

HotNews.ro asked the ASF and how many scooters and electric bicycles they estimate will need mandatory RCA insurance after the new law comes into force.

“According to the information available online, Romanians purchase between 30,000 – 50,000 electric scooters annually, and over 100,000 electric scooters were purchased between 2016 and 2021. However, as we have shown above, to be considered an electric scooter, a vehicle must not exceed the maximum design speed of 25 km/h, which means that in the correct term of electric scooters could fit only those vehicles (in the sense of the legislation for the conclusion of RCA insurance) that have a weight greater than 25 kg and a maximum constructive speed greater than 14 km/h. We could estimate, but without concrete data, that by 2025 a number of 150,000 – 200,000 vehicles (which can be visually assimilated to electric scooters or bicycles) could be purchased. of these, a percentage of 5-15% could fall under the obligation to have RCA insurance. Thus, it could be necessary to conclude RCA insurance for a number of approximately 7,500 – 30,000 such vehicles”, announced ASF.

Thousands of Bolt and Lime scooters, except from RCA

HotNews.ro also contacted the representatives of Bolt and Lime, mobile applications through which Romanians can currently rent thousands of scooters in the country's major cities.

“The RCA Act transposes the provisions of a European Directive. Bolt scooters do not meet the mentioned criteria, as they do not exceed the weight of 25kg and are limited by construction to not be able to exceed the legal speed of 25km/h. Therefore, they do not fall under the scope of the new provisions. We welcome the adoption of these regulations, which contribute to increasing safety and establish a clearer framework for the use of scooters that exceed the speed of 25km/h or a certain weight, these being included in a distinct category of vehicles”, Bolt officials specified for HotNews.ro.

For his part, Alexandru Coman, CEO of Lime in Romania, told HotNews.ro that “the models we have operational today do not fall under the incidence of the new law”.

These scooters are insured. What money can you get in case of an accident?

On the other hand, Romanians who use Bolt and Lime electric scooters can receive compensation in case of accidents, as they are optionally insured.

“Currently, we have thousands of operational scooters in the country, and Bolt offers all users who use them two types of insurance: personal accident insurance and general liability insurance. Thus, users are insured in case of potential serious injuries caused by themselves, as well as for the damage they cause to third parties while riding our scooters. All Bolt scooters have insurance, and the information is public,” stated Bolt representatives.

Personal insurance policy against accidents covers the risk of permanent disability or death in the event of a road accident. In the first case, compensation of up to 242,085 lei can be granted (rate determined by the degree of disability and above the minimum disability threshold of 15% resulting from a road accident). In case of death, a lump sum of 242,085 lei can be granted.

General insurance policy of civil liability offers compensation for the amounts that a beneficiary could be obliged by law to pay for: damages caused directly as a result of an accident that he caused or court costs generated directly as a result of an accident. The compensation that can be paid is between one million euros and 14 million euros per accident for any period of insurance and for all territories covered by this policy in Europe.

Lime scooters are also covered by the same two types of policies, only general liability insurance promises compensation between 2 million euros and 14 million euros, while personal accident insurance the insured amount is up to 50,000 euros.

When you don't get any money in an accident with Bolt or Lime scooters

Persons registered in the Bolt application, who rent scooters for personal transportation, as well as persons (permitted users) who use the scooter with the explicit consent of a user registered in the Bolt application benefit from these insurances.

Careful! In all cases, the person must be of the minimum age required by local laws and regulations to operate the scooter.

In addition, there are many situations in which compensation is not granted, such as:

• any accident that is not a traffic accident
• unauthorized use of a Bolt scooter, including misuse of a customer's credentials or commercial use of the scooter
• any use of a scooter that involves the transport of passengers
• any use of a scooter as a result of consuming alcohol above the legal limit or using drugs
• in a road accident intentionally caused by a beneficiary, resulting from his involvement in a crime.

Insurance for the Bolt and Lime scooters is provided by the same company AWP P&C SA, a joint-stock company governed by French law, part of the Allianz Partners Group.

What compensation can be awarded for scooters with RCA

Coming back to the future RCA insurance that certain scooters and electric bikes will need, the minimum compensation limits, according to EU regulations, are as follows:

• a) for material damage caused in one and the same accident, regardless of the number of injured persons, the compensation limit is set, for accidents, at a level of 6,434,740 lei;
• b) for bodily injuries and deaths, including non-pecuniary damage caused in one and the same accident, regardless of the number of injured persons, the compensation limit is set at a level of 31,926,210 lei.”

What you will need to do in a scooter accident with RCA

The Financial Supervision Authority also stated to HotNews.ro that the compensation procedure in case of an accident involving an RCA insured scooter does not change compared to the current legislation.

“As before, injured persons can address the insurer of the guilty person or their own insurer if their own RCA insurance contract also covers the direct settlement clause,” says ASF.

No amicable finding

“Regarding the conclusion of an amicable finding of an accident, the legal provisions are not changed, conditions in which these vehicles are not excluded from the conclusion of such an amicable finding. However, taking into account the fact that accidents in which such vehicles are involved result in bodily injuries, the legislation does not allow in this case the conclusion of an amicable finding of an accident”, underlines the ASF.

The authority also says that “it does not recommend the conclusion of an amicable finding of an accident when an electric scooter or a similar vehicle is involved because there have been cases in which, although the person involved did not obviously have a bodily injury, it was found later, in which case, according to traffic legislation, leaving the scene of the accident without the consent of the authorities constitutes a crime”.