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Why you can ride an electric scooter in Belgium and not in the Netherlands

by Zhongyao Liu 04 Jul 2023

Why you can ride an electric scooter in Belgium and not in the Netherlands

In both the Netherlands and Belgium we see many electric scooters on the streets. Many people will think this is quite normal, but (unfortunately) it is not.

In Belgium it is legal to ride an electric scooter on public roads. In the Netherlands, riding an electric scooter on public roads is not allowed provided you follow a number of rules. Use on private property, such as the garden, driveway or company premises is allowed in the Netherlands.

Netherlands lags behind

It is just unusual that the Netherlands takes longer to pass legislation and thus deviates when it comes to other European countries. When we open the site of the Dutch central government we read the following rules:

An electric scooter cannot go faster than 25 km/h
The scooter must be officially approved
In addition, the following rules apply

You are 16 years or older.
You do not need a driver's license.
You do not need to apply for a license plate.
You do not need to wear a helmet.
You must insure the e-scooter for third-party liability.
You put the insurer's sticker on the e-scooter.
You must ride on the bike path or bike/moped path.
You use the lane if there is no bicycle path or bicycle/moped path.
You must ride on the right whenever possible.
You must not ride on the sidewalk.
This equipment a scooter must have

A scooter has a:

Handlebar
Insurance plate
A vehicle identification number
Lighting
Reflectors (red and white/yellow)

So riding an electric scooter is not prohibited but the above rules make it almost impossible to get an electric scooter on the road for an acceptable amount.

Inspection and obtaining a VIN costs money and time, and the insurance doesn't make it attractive either. By the way, these rules do not apply to the electric bike, because this vehicle must be continuously propelled by the pedals or it will stop.

It is for this reason that an assisted electric scooter is allowed.

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the visiting address of the establishment of the entrepreneur where the consumer can go with complaints;

the conditions under which and the manner in which the consumer can make use of the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;

the information about warranties and existing after-sales service;

the information included in Article 4 paragraph 3 of these terms and conditions, unless the entrepreneur has already provided this information to the consumer before the execution of the agreement;

the requirements for termination of the agreement if the agreement has a duration of more than one year or is of an indefinite duration.

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Right of withdrawal With products

Upon delivery of products:

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if the delivery of a product consists of several shipments or parts: the day on which the consumer, or a third party designated by him, has received the last shipment or the last part;

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Costs in case of withdrawal

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that have been created by the entrepreneur in accordance with the consumer's specifications;

that are clearly personal in nature;

which cannot be returned due to their nature;

that can spoil or age quickly;

the price of which is subject to fluctuations in the financial market over which the entrepreneur has no influence;

for loose newspapers and magazines;

for audio and video recordings and computer software of which the consumer has broken the seal.

for hygienic products of which the consumer has broken the seal.

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regarding accommodation, transport, restaurant business or leisure activities to be performed on a specific date or during a specific period;

the delivery of which has started with the express consent of the consumer before the cooling-off period has expired;

regarding betting and lotteries.

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they are the result of legal regulations or provisions; or

the consumer has the authority to cancel the agreement with effect from the day on which the price increase takes effect.

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The consumer has repaired and/or modified the delivered products himself or had them repaired and/or modified by third parties;

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Cancellation

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cancel at any time and not be limited to cancellation at a specific time or in a specific period;

at least cancel in the same way as they have been entered into by him;

always cancel with the same notice period as the entrepreneur has stipulated for himself.

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Payment

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Complaints procedure

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Complaints about the implementation of the agreement must be submitted fully and clearly described to the entrepreneur within 7 days after the consumer has discovered the defects.

Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will respond within the period of 14 days with a notice of receipt and an indication when the consumer can expect a more detailed answer.

If the complaint cannot be resolved in mutual consultation, a dispute arises that is subject to the dispute settlement procedure.

In the event of complaints, a consumer should first of all turn to the entrepreneur. If the webshop is affiliated with Stichting WebwinkelKeur and in case of complaints that cannot be resolved in mutual consultation, the consumer should turn to Stichting WebwinkelKeur (www.webwinkelkeur.nl), it will mediate for free. Check whether this webshop has a current membership via https://www.webwinkelkeur.nl/leden/. If a solution has not yet been reached, the consumer has the option of having his complaint handled by the independent disputes committee appointed by Stichting WebwinkelKeur, the decision of which is binding and both entrepreneur and consumer agree to this binding decision. There are costs associated with submitting a dispute to this disputes committee, which must be paid by the consumer to the relevant committee. It is also possible to register complaints via the European ODR platform (http://ec.europa.eu/odr).

A complaint does not suspend the obligations of the entrepreneur, unless the entrepreneur indicates otherwise in writing.

The consumer must give the entrepreneur at least 4 weeks to resolve the complaint in mutual consultation. After this term, a dispute arises that is subject to the dispute settlement procedure.

If a complaint is found to be justified by the entrepreneur, the entrepreneur will, at its option, replace or repair the delivered products free of charge.

Disputes

Only Dutch law applies to agreements between the entrepreneur and the consumer to which these general terms and conditions apply. Even if the consumer lives abroad.

The Vienna Sales Convention does not apply.

Additional or deviating provisions

Additional or deviating provisions from these general terms and conditions may not be to the detriment of the consumer and must be recorded in writing or in such a way that they can be stored by the consumer in an accessible manner on a durable data carrier.

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