Legal questions surrounding tuned, lowered vehicles and roaring exhausts are not uncommon. But what happens when a souped-up Bobby Car whizzes down the sidewalk at 40 km/h? Is this still harmless tinkering with a child's toy, or does the toy-like appearance of the plastic vintage car not sufficient to meet legal requirements?
A Styrian student had significantly modified a standard "Bobby Car," originally a children's toy. By installing electric motors from a hoverboard and making other technical adjustments, the vehicle reached a speed of around 40 km/h. Without brakes, lights, or registration, he drove it along a sidewalk at night—straight into the police. The result: 17 charges for violations of the Road Traffic Act (StVO) and the Motor Vehicle Act (KFG).
In this case, the question arose as to whether the Bobby Car was still considered a vehicle-like toy or already a "normal" vehicle within the meaning of Section 2 Paragraph 1 Item 19 of the Road Traffic Act. The Road Traffic Act defines a vehicle as a means of transport intended for use on roads or actually used there. Wheelchairs, strollers, wheelbarrows, and small vehicles primarily intended for use off-road are not considered vehicles. A motor vehicle within the meaning of the Motor Vehicles Act is a special type of vehicle: it is also intended for use on the road or is used there, but it also has an engine and is powered by energy.
The student initially received support from the Styrian State Administrative Court (LVwG Stmk), which held that a Bobby Car was not a vehicle within the meaning of the Styrian Road Traffic Act. The Higher Administrative Court (VwGH) took a more restrictive interpretation: Toy car or not, with an output of 765 watts and a speed of 40 km/h, it clearly constituted a vehicle within the meaning of Section 2 of the Car Rental Act (KFG) and Section 2 Paragraph 1 of the Styrian Road Traffic Act (StVO). In its decision, the VwGH drew on findings from previous legal cases concerning e-scooters. More powerful and faster e-scooters should be classified as motor vehicles. The same can apply to a souped-up Bobby Car.
The decision makes it clear that the legal classification of a means of transport is not based solely on its original purpose, but depends significantly on its actual technical characteristics. By modifying a toy into a high-performance vehicle, it is subject to the relevant legal provisions. It emphasizes the need to always consider the actual technical characteristics of a means of transport in the legal assessment.
15.09.2024