Anyone who drives an electric scooter and is over 18 years old is not obliged to use a helmet. At least until the Highway Code says otherwise. But it is certainly not a mayor who can impose on an adult the protection in the head to circulate in the city by this means.
In a nutshell, this is the content of the ruling [1] with which the TAR of Florence deemed illegitimate the order of the first citizen of the Tuscan capital, Dario Nardella, who had imposed on electric scooter drivers to wear helmets. At the basis of the decision, very simple reasoning: it is not up to the mayor to sign ordinances (even contingent and urgent) that fall within the scope of the Highway Code.
According to the legislation in force, the electric scooter is equated to the "velocipede", that is to say to the bicycle. Furthermore, the law provides for the obligation to wear a protective helmet only for those under the age of 18. And it is here that, according to the TAR of Florence, the mayor Nardella has committed "the invasion of the field", with an order which, while pursuing the aim of protecting the safety of all citizens, did not have the power to sign. The ordinance in question, which dates back to mid-December 2020, introduced the obligation to wear a helmet even for adult scooter drivers from 1 February.
According to Nardella, the Consolidated Law on Local Authorities allows the mayor to adopt, with a reasoned deed, "contingent and urgent measures to prevent and eliminate serious dangers that threaten public safety". For its part - continues the mayor of Florence - the Highway Code recognizes the mayor the power "to regulate road traffic by ordinance".
The Florentine TAR does not think so, according to which this ordinance has no urgent character, and the powers granted by the Code concern the managers and not the mayor.
It should be remembered that electric scooters can circulate if they fall within the power and speed limits set by the so-called Toninelli decree [2], i.e. a maximum motor power of 500 W and a speed limit of 20 km / h, which become 6 km / h in pedestrian areas. You don't need a driving license or insurance, but you need to equip the vehicle with light and an acoustic signal. At night, the reflective jacket must be worn.
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