In a recent Court decision regarding the illegal use of e-scooters and electric bicycles on public roads, the Court confirmed that the Government of Aruba can act in accordance with the administrative procedures stipulated by law. At the same time, the Court provided additional clarity on the administrative process that can be applied in this case.
The case relates to the ban on e-scooters and electric bicycles in public spaces that Minister of Justice Arthur Dowers announced a few weeks ago. In its decision, the Court indicated that enforcement actions must take place in accordance with the administrative trajectory and processes stipulated in current legislation.
The Court ruled that control measures against e-scooters and electric bicycles must take place according to the administrative procedures prescribed by law.
Minister Dowers respects this decision and will comply with the ruling. At the same time, the Minister of Justice emphasizes that at no point were these vehicles confiscated (in beslag), but rather taken into custody (in bewaring) and returned to their respective owners who became known after the enforcement measure (ordemaatregel). The court’s decision does not limit the authority of the Minister of Justice to act against illegal use or when infractions are detected, and actions will be taken according to the law.
The Country of Aruba can, where applicable, impose administrative measures (such as administrative fines or an order with a financial penalty in case of non-compliance) and take enforcement action against users who commit traffic infractions.
The Government reaffirms that protecting the community and complying with the law remain central to all decisions related to the use of alternative transportation on public roads.
