E-scooters are subject to the ABE, ElektroG, BattG and require insurance

According to an official communication from the EAR Foundation e-scooters continue to fall within the scope of application of the Electrical and Electronic Equipment Act.

Since 15 June 2019, e-scooters have also been approved for road use in the Federal Republic of Germany thanks to the recently enacted Small Electric Vehicle Ordinance (Elektrokleinstfahrzeuge-Verordnung/eKFV). The new licence does not extend to include airwheels, hoverboards or e-skateboards.

The German Electrical and Electronic Equipment Act and Battery Act
According to an official communication from the EAR Foundation (German WEEE registration board) the two-wheeled electric standing scooters (so-called e-scooters) continue to fall within the scope of application of the Electrical and Electronic Equipment Act (ElektroG = German WEEE conversion): Irrespective of whether they fall under the eKFV with a speed range of 6 to 20 km/h or not, e-scooters must be registered as large devices in category 4 of the ElektroG with the EAR Foundation. The battery weight must then be subtracted when reporting the quantity. The battery packs of e-scooters are regarded as industrial batteries and must be registered in compliance with the Battery Act.

General operating licence (ABE)
In addition to registration in accordance with the Electrical and Electronic Equipment Act and the Battery Act (governing rechargeable batteries), manufacturers must also apply to the Kraftfahrt-Bundesamt (Federal Motor Transport Authority) for a general operating licence (Allgemeine Betriebserlaubnis/ABE) for vehicles that meet the requirements of the Small Electric Vehicles Ordinance. This may take a number of weeks. Models intended for road use may only be sold and offered if the e-scooters have an ABE. Vehicles already on the market that do not comply with the eKFV can be retrofitted by the manufacturer.

Mandatory insurance
Small electric vehicles are motor vehicles and are therefore subject to mandatory insurance. Any damage or injury caused is not covered by personal liability insurance. Operating an e-scooter without insurance is a criminal offence. From the point of view of our lawyer, Dr Holger Jacobj (Prof. Versteyl Rechtsanwälte), the Electric Small Vehicle Ordinance itself does not contain any further obligations for manufacturers or distributors. However, distributors who sell e-scooters to consumers are advised to draw attention to the obligation to take out insurance: In their own interest, distributors should not contribute to misconceptions about compulsory insurance by featuring statements such as “Electrically mobile without formalities” or the like in their advertising. Otherwise, competition law disputes with other suppliers would be inevitable and also entail the risk of sales contract disputes with customers.

take-e-way provides assistance regarding ElektroG and BattG
As always, the take-e-way team is at your disposal; please call +49/40/750687-0 or send an e-mail to service@take-e-way.com for your questions about ElektroG and BattG and especially for the registration of e-scooters.

TMK helps you with ABE
TMK Retail Service & Consulting GmbH will be pleased to support you in the preliminary examination and preparation for obtaining the general operating licence from the Federal Motor Transport Authority. Boris Berndt from TMK will be glad to advise you; please call +49/40/54090410-8 or send an e-mail to info@retailconsult.info.

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