The decision, led by magistrate Julián Sánchez Melgar, confirms the conviction of an individual driving without the necessary authorization. The case originated on September 21, 2021, in Barcelona, when the Local Police intercepted a Sabway Diablo 1.900W Brushless scooter reaching 45 km/h and 1,900 watts.
The Supreme Court ruling, issued in 2025, ends the legal debate, supporting the classification of the action as a crime against road safety, as previously determined by the Criminal Court No. 28 and the Provincial Court of Barcelona.
If an electric scooter exceeds the established speed (25 km/h) or power limits, it is automatically classified as a moped, requiring the corresponding driving license.
This resolution is based on EU Regulation 168/2013 and Spanish regulations, which define Personal Mobility Vehicles (PMV) with speeds limited between 6 and 25 km/h. Driving a vehicle classified as a moped without a license can lead to severe administrative and criminal penalties.
