Lawyer opposes police power to confiscate non-compliant e-scooters

Police should not be allowed to confiscate non-compliant electric scooters without court approval, lawyer Marcus Niin told ERR, arguing that seizure is a serious interference with property rights.

Proposed amendments to Estonia’s Traffic Act are awaiting a second reading in the Riigikogu. They would allow police to confiscate non-compliant electric scooters from traffic without a court order. Under current law, a court must approve such confiscations, but it has not granted any applications so far.

Niin, a partner at Sorainen, said property could generally be taken only when the law explicitly provides for it and, in most cases, with compensation. Confiscation permanently removes property without compensation, he said, and current law reserves the power to order it to the courts.

Even if compensation were paid, Niin said, police should not decide whether to confiscate a vehicle. Owners can already be punished for using equipment that does not meet requirements, for example with a fine, he said. Adding confiscation would go too far, and decisions about what to do with the vehicle should remain with its owner.

Niin also warned that giving an executive authority the power to seize property could set a dangerous precedent. He said the courts have a role in balancing the executive branch, and that creating a direct route for police to confiscate vehicles would not be the right response to courts’ previous decisions.

He said requiring police to consider the circumstances before deciding whether confiscation is necessary would not address his concerns.