“[This] invoice on the administration and [safe] use of non-public mobility units will result in [greater] recognition and vitalization of the quickly evolving private mobility trade, and also will [help] to forestall accidents. We are going to proceed to do our greatest to [ensure] the comfort and security of our residents via [appropriate] laws.”
– Nationwide Assemblyman Keewon Hong
Because the variety of private mobility machine customers in South Korea has elevated, so has the variety of associated accidents. Whereas there’s social consensus on the necessity for laws that addresses, amongst others, security, requirements to be used, and parking points, query is how one can appropriately promote the usage of private mobility units whereas selling protected use. In spite of everything, final mile or micromobility options, resembling electrical scooters (“e-scooters”) and electrical bicycles (“e-bikes”), are key elements of the longer term city good mobility.
Shin & Kim’s Mobility Crew discusses the most recent legislative improvement, and the implications for the trade and companies.
Q: What’s being proposed within the Korean parliament? How will it affect the micromobility trade in Korea?
A: On September 17, 2020, Nationwide Assemblyman Keewon Hong of Korea’s ruling Democratic Get together launched a invoice on the Act on the Administration and Promotion of Use of Private Mobility (“Proposed PM Act”). Mr. Hong did in order the first sponsor, together with 21 different lawmakers. Typically talking, the Proposed PM Act consists of provisions which will have a major affect on the electrical scooter rental enterprise.
Q: Does the proposed invoice solely have an effect on e-scooters?
A: No, the scope of the Proposed PM Act seems to use to different private mobility units aside from e-scooters, resembling e-bikes. This is likely one of the main the explanation why the mobility trade is inspired to pay shut consideration to the legislative progress of the Proposed PM Act.
Q: Are you able to elaborate on the scope of the Proposed PM Act?
A: We now have seen many information articles reporting that the Korean lawmakers have been discussing the enactment of a PM Act to manage e-scooters. By comparability, the language within the Proposed PM Act states that the brand new legislation, if handed, will apply to “sure short-distance transportation units for one individual utilizing electrical energy, that are prescribed by the Ordinance of the Ministry of Land, Infrastructure and Transport [emphasis added].” So in keeping with this definition, there’s a risk that the Proposed PM Act will apply to not solely e-scooters, but additionally e-bikes.
Q: To function a private mobility rental enterprise in Korea, is registration required? What about insurance coverage?
A: Sure, in an effort to function a private mobility rental enterprise, registration is required with the municipal authorities, which has jurisdiction over the related space(s) by which you use. And, underneath the Proposed PM Act, private mobility rental companies are required to not delay in ensuring that their private mobility rental units usually are not left unattended within the prohibited areas. Within the occasion of violation of this obligation, PM rental companies might face an administrative nice of as much as KRW 5 million. Additional, the related municipal authorities might gather and eliminate the private mobility units which were parked within the prohibited areas (by sale or in any other case).
Q: Does the Proposed PM Act ban parking of non-public mobility units in areas aside from on the designated stations?
A: Typically talking, sure. The top of the municipal authorities with jurisdiction over the realm by which you use might designate an space, the place private mobility units might not be parked or stationed. And private mobility rental companies are required to not delay making certain that their private mobility rental units usually are not left unattended within the prohibited areas. Within the occasion of violation of this obligation, you could face an administrative nice of as much as KRW 5 million. Additionally, the municipal authorities might gather and eliminate (by sale or in any other case) the private mobility units which were parked within the prohibited areas.
At present, it’s tough to foretell which areas can be designated as being prohibited to parking or stationing private mobility units. That stated, it’s probably that sidewalks with excessive site visitors quantity can be designated as prohibited areas to reduce inconvenience to pedestrians.
Given the present operation of e-scooter rental providers in Korea, this obligation might have a lot larger affect than anticipated on the expansion of the e-scooter rental enterprise.
Q: Does the Proposed PM Act embody security necessities for private mobility units?
A: Sure, in keeping with the Proposed PM Act, private mobility units that can be rented to customers ought to meet sure security necessities. As for the main points, we must wait till the lawmakers make such a dedication within the Enforcement Rule to the PM Act.
Q: I perceive that the Proposed PM Act consists of reference to “Public Private Mobility Gadget Enterprise” by the Municipal Authorities. Are you able to clarify?
A: The Proposed PM Act offers a authorized floor to permit the pinnacle(s) of the municipal authorities(s) to function public private mobility machine enterprise in addition to a public e-mobility machine security tools & provide enterprise (e.g., provide of helmets, private mobility machine racks).
Additionally, the Proposed PM Act offers that the Korean central authorities might subsidize municipal governments working a public private mobility enterprise, which is linked to the customers’ use of public transportation. Additional, the Proposed PM Act additionally permits municipal governments to put in private mobility machine racks close to public transportation areas.
Q: How will Shin & Kim assist corporations on the associated developments?
A: Shin & Kim continues to carefully monitor the legislative progress of the Proposed PM Act. We are going to proceed to subject authorized updates on any key points and developments for the trade. If in case you have any questions or feedback about this Alert or want to obtain further clarification an insights on the Proposed PM Act, please don’t hesitate to contact us.
Q: What are Shin & Kim’s related capabilities overlaying these developments and the trade?
A: Our Automotive and Mobility apply offers complete authorized and regulatory recommendation and options to purchasers within the transportation & mobility trade, together with final mile options, resembling e-scooters and e-bikes. The scope of our providers covers recommendation and session on varied authorized, regulatory and compliance points, full vary of advocacy and investigatory providers, in addition to authorities affairs and policy-related recommendation. Additional, our Automotive and Mobility Crew collaborates carefully with different professionals and consultants throughout the agency, together with legislative & authorities affairs, TMT, information privateness & safety, insurance coverage, mental property, labor & employment, litigation & dispute decision to offer custom-made providers and options to our purchasers.
As well as, our Legislative & Authorities Affairs Crew is comprised of a gaggle of high consultants, resembling former authorities officers, together with those that served in excessive positions liable for implementing authorities insurance policies and administration inside Korea’s cabinet-level ministries and different governmental our bodies. Different key members of the apply embody each Korean and international attorneys with expertise regarding issues involving the Nationwide Meeting and the Blue Home in addition to international authorities expertise, and former senior legislative employees, with wealth of expertise and robust community.