New ruling protects mobility of e-scooter and e-bike users

A new court ruling has ruled that authorities cannot ban e-scooters or e-bikes from driving. This ruling was made after a man was banned from using e-scooters by an authority in the state of Bavaria. The court ruled that it is not legal to prohibit individuals from driving vehicles that do not require a driver’s license.

The decision of the Bavarian Administrative Court

In a press release, the Bavarian Administrative Court announced that driving license authorities can prohibit individuals from driving vehicles under the federal Driving License Ordinance (FeV) if someone is deemed unfit to do so. This may be the case, for example, if the driver has been driving under the influence of alcohol or drugs. However, current law provides no basis for a ban on driving unlicensed vehicles. Therefore, the competent senate overturned a driving ban directed at the plaintiff.

The court’s reasoning

The court based its decision on the fact that such driving bans represent a serious encroachment on mobility protected by fundamental rights and impose a considerable burden on those affected. The Free State of Bavaria, which lost the case, now has the opportunity to appeal the ruling to the Federal Administrative Court.

Background of the legal dispute

The legal dispute was preceded by several incidents in which the plaintiff had attracted attention by drunk driving. Despite these incidents, the court ruled that a general ban on driving license-free vehicles, such as e-scooters and e-bikes, is not permissible.

Implications of the ruling

This ruling could have far-reaching implications for the mobility of users of e-scooters and e-bikes. It ensures that these vehicles can continue to be used as an important alternative to cars without users having to fear that they will be banned from driving by authorities. It remains to be seen whether the Free State of Bavaria will appeal the ruling and how the Federal Administrative Court would decide in this case.