Notification Detail

Ordinance on the use of personal light electric vehicles (PLEV) on public roads and amending other road traffic regulations

Notification Number: 2019/84/D (Germany)
Date received: 26/02/2019
End of Standstill: 27/03/2019
Invocation of the Emergency Procedure: Yes

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Message 002

Communication from the Commission - TRIS/(2019) 00525
Directive (EU) 2015/1535
Translation of the message 001
Notification: 2019/0084/D

No abre el plazo - Nezahajuje odklady - Fristerne indledes ikke - Kein Fristbeginn - Viivituste perioodi ei avata - Καμμία έναρξη προθεσμίας - Does not open the delays - N'ouvre pas de délais - Non fa decorrere la mora - Neietekmē atlikšanu - Atidėjimai nepradedami - Nem nyitja meg a késéseket - Ma’ jiftaħx il-perijodi ta’ dawmien - Geen termijnbegin - Nie otwiera opóźnień - Não inicia o prazo - Neotvorí oneskorenia - Ne uvaja zamud - Määräaika ei ala tästä - Inleder ingen frist - Не се предвижда период на прекъсване - Nu deschide perioadele de stagnare - Nu deschide perioadele de stagnare.

(MSG: 201900525.EN)

1. Structured Information Line
MSG 002 IND 2019 0084 D EN 26-02-2019 D NOTIF


2. Member State
D


3. Department Responsible
Bundesministerium für Wirtschaft und Energie, Referat E B 2, 11019 Berlin,
Tel.: 0049-30-2014-6353, Fax: 0049-30-2014-5379, E-Mail: infonorm@bmwi.bund.de


3. Originating Department
Bundesministerium für Verkehr und digitale Infrastruktur, Referat StV 24, 10115 Berlin,
Tel.: 0049-30-18300-7652, Fax: 0049-30-18300-1920, E-Mail: ref-stv24@bmvi.bund.de


4. Notification Number
2019/0084/D - T00T


5. Title
Ordinance on the use of personal light electric vehicles (PLEV) on public roads and amending other road traffic regulations


6. Products Concerned
Vehicles with electromotive drive that meet the following technical requirements:
- handlebar or stanchion,
- maximum design speed of at least 6 km/h up to a maximum of 20 km/h,
- power restricted to 500 watt (1400 watt for self-balancing vehicles),
- compliance with minimum requirements of driving dynamics.


7. Notification Under Another Act
-


8. Main Content
Vehicles with electromotive drive shall be approved for use on the public road if they meet the following technical requirements:
- handlebar or stanchion,
- maximum design speed of at least 6 km/h up to a maximum of 20 km/h,
- power restricted to 500 watt (1400 watt for self-balancing vehicles),
- compliance with minimum requirements of driving dynamics
("personal light electric vehicles (PLEV)").
The provisions of the Road Traffic Ordinance (StVO), the Road Traffic Licensing Ordinance (StVZO), the Vehicle Registration Ordinance (FZV) and the Driving Licence Ordinance (FeV) shall apply to all PLEV with reference to vehicle-specific features. PLEV with maximum design speed of over 12 km/h must be driven in bicycle lanes and may be driven by persons aged 14 and over. PLEV with maximum design speed of less than 12 km/h may be driven on footpaths and may be driven by persons over the age of 12. No driving licence is required, but the vehicle must be insured. It is planned to introduce a stick-on insurance disc for said vehicles.


9. Brief Statement of Grounds
Because the Type Approval Directive (EU) No 168/2013 on two- or three-wheel vehicles and quadricycles (motorcycles, quads etc.) does not cover self-balancing vehicles and vehicles without seats, these vehicles come under national legislative competence. Up to now, only so-called Segways could be operated on the public roads in Germany.
This Ordinance [eKFV] is intended to enable electric vehicles without seats as well as self-balancing vehicles to be used on public roads on a sustainable basis and regardless of type. Personal light electric vehicles (PLEV) are motor vehicles as defined in Section 1(2) of the German Road Traffic Act (StVG) because they have an electric drive motor. One of the features of these vehicles, however, is that they are generally small and lightweight, and can be designed to befoldable and portable. These properties mean that users can bring their vehicles with them, which is why they have particular added value in terms of linking up with various means of transport and covering short distances. These vehicles also have zero emissions and thus contribute to air quality management, particularly in urban areas.


10. Reference Documents - Basic Texts
Reference(s) to basic text(s): https://www.gesetze-im-internet.de/stvg/
Road Traffic Ordinance [StVO],
https://www.gesetze-im-internet.de/stvo_2013/
Road Traffic Licensing Ordinance [StVZO],
https://www.gesetze-im-internet.de/stvzo_2012/
Driving Licence Ordinance (FeV)
https://www.gesetze-im-internet.de/fev_2010/
Vehicle Registration Ordinance (FZV)
https://www.gesetze-im-internet.de/fzv_2011/
Ordinance on the Schedule of Fines (BKatV)
https://www.gesetze-im-internet.de/bkatv_2013/


11. Invocation of the Emergency Procedure
Yes


12. Grounds for the Emergency
The planned ordinance regulates self-balancing vehicles and vehicles without seats fitted with an electric motor drive that are not covered by Regulation (EU) No 168/2013. Up to now, only so-called Segways could be operated on the public roads in Germany. Recent years have seen a plethora of new developments in small electric mobility vehicles and this market is rapidly expanding. The existing body of regulations is inadequate as regards these vehicle designs, meaning that such vehicles are not currently allowed on the public roads in Germany.
At the same time, courts in urban areas and municipalities in Germany are increasingly imposing driving bans and traffic restrictions - particularly on diesel vehicles. This is necessary to protect public health and the environment. In 2018, there were ten such court rulings in German cities and many other cases are pending.
On 19 June 2015, the European Commission launched infringement proceedings against Germany for breaching Directive 2008/50/EC of the European Parliament and of the Council of 21 May 2008 on air quality and cleaner air for Europe and on 11 October 2018 brought a case before the ECJ (case C-635/18). According to the Commission, the limit values for nitrogen dioxide laid down in the above-mentioned Directive were being systematically and continuously exceeded in Germany in many areas. This was particularly egregious due to the effects on the health of the population.
Nitrogen dioxide develops as a result of adverse side-reactions in the combustion process, primarily in road traffic. Germany can only address this problem by changing to environmentally-aware mobility. Clean air in German urban areas has been the Federal Government’s stated aim since the turn of the millennium. The Federal Government has promoted electric mobility and the switch to environmentally-friendly transport technologies with multiple funding programmes.
Nevertheless, the Federal Government could not have predicted the actual scale of the increase in nitrogen dioxide pollution.
In Germany, because of the federal system of government, urban areas and municipalities are responsible for preparing and further developing air quality maintenance plans. The Federal Government supports them through financial aid. The measures included in air quality management plans are, however, long-term in nature and can only present an estimate. It will only be possible to assess the ultimate effectiveness of the measures adopted after a period of several years.
In addition, the diesel emissions scandal uncovered in 2015 also presented unforeseeable difficulties for urban areas and municipalities. The air quality maintenance plans of urban areas and municipalities had assumed a much lower proportion of nitrogen dioxide emissions. These plans were therefore inadequate to ensure compliance with the limit values specified but the urban areas and municipalities could not have predicted this.
Increasing driving bans, the burden on citizens and the infringement proceedings taken by the Commission demanded that the Federal Government take urgent action. This included the emergency programme initiated in late 2017 “Clean Air 2017-2020” and the “Programme for cleaner air and individual mobility in our urban areas” launched on 2 October 2018, but also the Federal Government’s decision to authorise small electric mobility vehicles on the public roads in Germany. This new type of mobility should relieve traffic and make transportation more environmentally-friendly, particularly in cities, where nitrogen dioxide pollution is the highest.
In contrast, the planned regulation does not have any adverse effects on the free movement of goods within the European Union. It does not create any additional obstacles to trade or competition. The draft Ordinance formulates minimum technical requirements for PLEV, which shall apply equally to domestic and foreign manufacturers. Above all, the planned regulation is aimed solely at incorporating PLEV into the national regulations of the Federal Republic of Germany.


13. Confidentiality
No


14. Fiscal measures
No


15. Impact assessment
Yes


16. TBT and SPS aspects
TBT aspect

No - the draft has no significant impact on international trade.

SPS aspect

No - the draft has no significant impact on international trade.

**********
European Commission

Contact point Directive (EU) 2015/1535
Fax: +32 229 98043
email: grow-dir2015-1535-central@ec.europa.eu

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