Drunk Driving on a Scooter: Commentary on Ruling No. 48083 of 2023

Ruling No. 48083 of November 16, 2023, by the Court of Cassation offers an important interpretation regarding drunk driving of vehicles for which no license is required, such as electric scooters. In this case, the court established that the accessory penalty of driver's license suspension is not applicable to those driving such vehicles.

Regulatory Context

The issue falls within the scope of road traffic regulations, specifically Article 186 of the Highway Code, which governs drunk driving. The ruling analyzes the distinction between vehicles for which a driver's license is required and those for which it is not. Pursuant to Law No. 160 of December 27, 2019, electric scooters are equated with bicycles, and therefore, their operation does not require any specific qualification.

Operation of a vehicle for which no driving license is required - License suspension - Applicability - Exclusion - Case facts. The accessory administrative penalty of driver's license suspension, resulting "ex lege" from the commission of offenses in violation of road traffic regulations, cannot be applied to those who have driven a vehicle for which no license is required. (Case facts concerning drunk driving of an electric scooter, a vehicle equated with bicycles pursuant to Article 1, paragraph 75-quinquies, Law No. 160 of December 27, 2019, for the operation of which a driver's license is not required).

Implications of the Ruling

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

• Regulatory clarification: The Court of Cassation has clarified that license suspension is not applicable in this specific context, avoiding misinterpretations of the regulations.
• Encouragement of responsibility: Although the penalty does not apply, responsible use of scooters remains fundamental for road safety.
• Potential future legislative changes: The ruling may prompt the legislature to review the regulations concerning the circulation of these vehicles, with a view to enhancing safety.

Conclusions

In conclusion, Ruling No. 48083 of 2023 by the Court of Cassation represents an important step forward in the regulation of electric scooter traffic and in distinguishing between different types of vehicles. Users must be aware of current regulations and the importance of responsible behavior on the road. The clarity provided by the Court regarding license suspension is a fundamental element for encouraging the correct and safe use of these new means of transport.