An e-scooter that travels faster than 25 km/h is no longer legally considered an e-scooter in Austria, but rather a motor vehicle. The modification itself is not a criminal offense. However, as soon as you operate the manipulated device on a public road, you require registration, a license plate, liability insurance, and a driver's license. This is exactly where e-scooter tuning in Austria fails in practice, as there is no type approval for serial models as motor vehicles.
Since May 1, 2026, the situation has become even more stringent. With the 36th amendment to the Road Traffic Act (StVO), e-scooters are explicitly declared as vehicles and are subject to a mandatory list of equipment. Anyone who tunes their scooter since then typically violates multiple regulations simultaneously, not just the speed limit.
What limits apply to e-scooters in Austria?
Two values determine the legal classification, and both must be met: a design speed of a maximum of 25 km/h and a nominal continuous power of a maximum of 250 watts. The nominal continuous power is the power that the motor can deliver continuously without overheating. Both values are set out in the Motor Vehicles Act (KFG 1967) in the version following the 41st KFG amendment.
Until then, the common wording was "maximum permissible power 600 watts". This value still circulates in forums and on German advice websites today and regularly leads to poor purchasing decisions.
Nominal continuous power is not peak power
The most common misconception regarding power concerns the confusion of two specifications. Many models available on the market advertise 500, 800, or 1,000 watts. This figure almost always refers to the peak power, i.e., the short-term maximum value when starting off or going uphill. It is irrelevant for legal classification.
The only decisive factor is the nominal continuous power. A scooter with an 800-watt peak can have a nominal continuous power of 250 watts and thus be perfectly legal. Conversely, a model with an inconspicuous peak rating can exceed the 250-watt limit in continuous power. If only one value appears on the type plate without any addition, a look at the manufacturer's data sheet helps; nominal continuous power and peak power are usually listed separately there.
Anyone who adheres to both limits is treated as equivalent to a bicycle according to § 88b of the Road Traffic Act (StVO). This means: no registration, no license plate, no driver's license, and use of cycle paths is permitted. If even one of these two values is exceeded, the vehicle loses this equivalence and is subject to the KFG.
What changed with the 36th StVO amendment on May 1, 2026?
Since May 1, 2026, e-scooters have been explicitly considered vehicles within the meaning of the StVO. Associated with this is a mandatory list of equipment. Required are:
- a functioning brake
- a bell or horn
- two white reflectors facing forward, two red ones to the rear, two yellow ones on the sides
- a yellow flashing light at the end of each handlebar grip
- in darkness or poor visibility, a white light at the front and a red light at the rear; the red light may flash
Additionally, a helmet requirement applies to persons under 16 years of age, the blood alcohol limit has been lowered from 0.8 to 0.5 per mille, only one person is allowed per scooter, and goods may not be transported, especially not on the handlebars.
This is relevant to the topic of tuning for a simple reason. During a check, it is not only the speed that is tested. A manipulated vehicle typically stands out for several points at once because retrofitted controllers or modified wiring harnesses often conflict with the prescribed lighting and turn signal system.
What is legally considered tuning and what is mere maintenance?
The boundary lies where an intervention changes the design speed or the nominal continuous power. Everything else is normal maintenance.
Clearly classified as tuning are: firmware changes or app activations that lift the 25 km/h limit, replacing the controller with a more powerful model, changing the motor to one with higher nominal continuous power, switching to a higher battery voltage (e.g., 48 volts instead of 36 volts), as well as removing the throttle via the display menu.
Not tuning, but permissible maintenance, on the other hand, are:
- tire and tube changes
- brake pads and brake cables
- suspension fork, handlebars, grips, footboard
- retrofitting or renewing the lighting
- 1:1 replacement of the original battery
- replacing the display with an identical part
A real gray area is the battery with higher capacity. More ampere-hours at identical voltage increase the range, not the power. Legally, this is generally uncritical as long as the cell chemistry, charging port, and battery management system match the device. From a safety perspective, it is not: a large proportion of fires involving small electric vehicles are attributable to batteries and chargers that are not approved for the vehicle. Therefore, stick to original batteries and chargers from your manufacturer's approved accessories.
One point is often underestimated: even reversible tuning does not change the legal situation. A software setting that can be reset in two minutes is just as much a manipulation at the moment of a check as a permanently installed third-party controller. The decisive factor is the condition of the vehicle when operated on the road.
When does the e-scooter become a motor vehicle?
As soon as the design speed is over 25 km/h or the nominal continuous power is over 250 watts, the equivalence to a bicycle ends. The vehicle is then subject to the KFG, and with it, a whole package of obligations applies:
- type approval or individual approval
- registration and license plate
- liability insurance
- driver's license; if classified as a moped, a moped license is required from age 15 or Class AM
- helmet requirement
- ban on using cycle paths and pedestrian zones
This is the practical sticking point. A tuned e-scooter cannot fulfill these obligations because no type approval as a motor vehicle exists for the serial vehicle, and obtaining an individual approval for a modified device is realistically not possible. The scooter is thus effectively impossible to legalize for public roads. You may only ride it on private property with the owner's consent.
Added to this is a second consequence that many only notice later: the intervention voids the original vehicle's operating permit. Manufacturer warranties and liability claims also lapse because the damage results from an unintended use.
What penalties result from e-scooter tuning?
The following amounts are maximum penalty ranges, not standard penalties. The specific amount is determined by the authority in each individual case, based on fault, prior convictions, and income.
| Offense | Legal Basis | Penalty Range |
|---|---|---|
| Operation of a motor vehicle without registration and license plate | § 134 para. 1 KFG | Administrative fine up to 5,000 euros, alternatively imprisonment up to six weeks |
| Operation without liability insurance | KFG in conjunction with KHVG | Separate administrative fine, additionally full personal liability in case of damage |
| Driving without a required driver's license | FSG | Administrative fine, significantly increased in case of recurrence |
| Equipment defects according to the 36th StVO amendment | StVO | On-the-spot fine or administrative fine per defect |
| Alcohol from 0.5 per mille | StVO | Independent penalty range, additive to other offenses |
The accumulation of offenses is decisive for the level of punishment. In practice, rarely is only one offense reported. Anyone stopped with a tuned scooter is simultaneously operating a motor vehicle without registration, without insurance, and without a driver's license; on top of that come equipment defects according to the amendment. The seizure of the vehicle and a formal entry are also possible. In the case of minors, the legal guardians are notified.
The fine is not the greatest risk.
What happens in an accident with a tuned e-scooter?
With the manipulation, the scooter becomes a motor vehicle, and motor vehicles are typically excluded from private liability insurance. Coverage is thus lost at the very moment it is needed.
What this means is made clear by one figure. In the event of a serious injury, personal injury claims quickly reach five- to six-figure amounts, comprised of medical costs, loss of earnings, and pain and suffering compensation. The person operating the scooter bears this sum personally, possibly for years. For minors, the question of parental duty of supervision also arises.
On a criminal level, negligent bodily harm under § 88 of the Criminal Code (StGB) is a possibility. With a manipulated vehicle, the breach of duty is judged more strictly because the increase in risk was brought about intentionally. One's own accident or comprehensive insurance may also reduce or deny benefits.
Why tuning is also technically risky
The brakes, frame, and suspension of an e-scooter are designed for 25 km/h. Braking distance increases quadratically with speed. Moving from 25 to 35 km/h means nearly double the braking distance, and with the same braking system that was dimensioned for the lower value.
Added to this is the chassis geometry. Wheels with 8.5 to 10-inch diameters are sensitive to road irregularities, and in Vienna, there are tram tracks everywhere, which are tricky even at 25 km/h. At higher speeds, the reaction time for the very avoidance maneuver that a track requires is reduced.
A second problem is thermal in nature. A more powerful controller draws more current than intended for the motor winding and battery cells. The result is higher operating temperatures and accelerated aging of the cells. The risk of thermal runaway increases, often not while riding, but during subsequent charging.
Mechanically, steering head bearings, the folding mechanism, and the fork are the weakest components in most models. They are designed for the forces that occur at 25 km/h. The Austrian Road Safety Board (KFV) has been pointing out a high level of injury in e-scooter accidents for years, predominantly head and facial injuries as well as fractures of the upper extremities.
Legal alternatives if 25 km/h is too slow
If the speed on your daily commute is too low, there are two regulation-compliant ways. Both start where tuning fails: the design.
E-moped with 25 km/h. The same maximum permissible speed, but with a seating position, larger wheels, and a significantly more stable braking system. The gain is not in speed, but in safety reserves and comfort on longer routes. For many who find their scooter too nervous, the 25 km/h e-moped is a more suitable answer than more speed.
E-moped with 45 km/h (Class L1e-B). The only clean solution for real extra speed. However, the requirements must be clearly stated: type approval from the factory, registration and license plate, liability insurance, moped license from age 15 or Class AM driver's license or higher, helmet requirement, and no cycle path use. Anyone who accepts these points rides legally and insured with a 45 km/h e-moped.
Regarding the helmet, one more point that is rarely mentioned. At speeds above 25 km/h, a normal bicycle helmet according to EN 1078 is no longer sufficient. For this class, the NTA 8776 standard applies, which takes into account a larger coverage area on the back of the head and higher impact energies. Therefore, choose the appropriate helmet for your speed class and not just the existing bicycle helmet.
As a rule of thumb for your decision: For routes under 5 kilometers with a high proportion of cycle paths, it is better to stick to a legally compliant 25 km/h e-scooter. From about 8 kilometers and a high proportion of main roads, the 45 km/h moped is the more sensible class because you can keep up with traffic instead of being slowed down.
Unsure which class suits your commute? Arrange a test ride at our store in Vienna and compare e-scooters and e-mopeds side by side.
Buying used: How to recognize a tuned e-scooter
When buying used, you bear the risk. The previous owner's manipulation does not absolve you if you operate the vehicle in traffic. You should check these points before the handover:
- The type plate and serial number must be present and undamaged. If the plate is missing or appears to have been covered over, this is a reason to exclude the purchase.
- Compare the nominal continuous power on the type plate with the manufacturer's official specifications for the model.
- Go through the display menu and check if speed levels or modes are unlocked that are not intended by the manufacturer.
- Examine the wiring harness and controller: subsequent solder joints, additional cable ties, or non-original plugs indicate an intervention.
- Compare the battery sticker and voltage specification with the original value. 48 volts in a model that has 36 volts from the factory is clear evidence.
Warning signs are often found in the advertisement itself. Phrasing such as "derestricted," "unlocked," "runs 35," or "sport firmware" describe exactly those interventions that turn the vehicle into a motor vehicle.
Have you bought a used e-scooter and are unsure if it has been manipulated? Our e-scooter service in Vienna checks the controller, firmware settings, and battery and, upon request, resets a manipulated scooter to its serial state.
Frequently asked questions about e-scooter tuning in Austria
Is e-scooter tuning illegal in Austria?
The modification itself is not a criminal offense, but using the tuned vehicle in public road traffic certainly is. As soon as the design speed exceeds 25 km/h or the nominal continuous power is over 250 watts, the scooter is considered a motor vehicle and requires registration, a license plate, insurance, and a driver's license. You may operate it on private property with the owner's consent.
How fast can an e-scooter travel in Austria?
The permissible design speed is a maximum of 25 km/h. Additionally, the nominal continuous power must not exceed 250 watts. Only if both values are met is the e-scooter treated as equivalent to a bicycle and may be used on cycle paths.
What does a fine for a tuned e-scooter cost?
According to § 134 KFG, a penalty range of up to 5,000 euros is provided, alternatively, imprisonment of up to six weeks. In practice, several offenses usually accumulate, such as driving without a driver's license and operating without liability insurance. The specific amount is determined by the authority in each individual case.
Does insurance pay in the event of an accident with a tuned e-scooter?
No. With the manipulation, the scooter becomes a motor vehicle, and motor vehicles are excluded from private liability insurance. You are personally liable for personal injury and property damage in full. In the case of serious injuries, these can be six-figure amounts.
Can I repair my e-scooter myself without jeopardizing its registration?
Yes. Tires, brake pads, lighting, grips, or an original replacement battery are normal maintenance and do not change the classification. It only becomes critical when the motor, controller, battery voltage, or the speed limiter in the software are changed.
Is there a legal way to travel faster than 25 km/h?
Yes, but not with a tuned e-scooter. An e-moped with factory type approval for 45 km/h is the registrable alternative. For this, you need a license plate, liability insurance, a moped license or a Class AM driver's license, and a helmet.
