Parmas says courts should decide whether to seize e-scooters

Giving police the power to confiscate electric scooters that do not meet traffic rules would unduly restrict property rights, judge and former state prosecutor general Andres Parmas said, according to ERR.

Speaking on Vikerraadio, Parmas warned that allowing police to seize ordinary items with lawful uses could have unforeseen consequences. He said confiscation of an offence’s instrument or object is generally for courts to decide, with only narrow exceptions allowing an authority such as police to act without a court order.

Those exceptions have so far covered items that are themselves illegal or have no lawful purpose, Parmas said, citing illegal radar detectors used to evade speed cameras and unlawful tachographs used by truck drivers. Extending the power to ordinary electric scooters would go too far, he said.

Parmas said confiscating a scooter would significantly interfere with the fundamental right to property. He added that lawmakers have broad discretion to set restrictions, but called for a considered debate on the proposed change.

A bill to amend the Traffic Act would give police the power to confiscate non-compliant electric scooters from traffic. At present, such scooters can be confiscated only with court approval, and no court has granted an application to do so. If passed, the amendment is due to take effect next March.

In Estonia, electric scooters may be used in traffic if their maximum design speed is no more than 25 km/h and their motor power does not exceed 1 kW.