By Llilda Solano
Lawyer, Master in Economic Legislation and Business Law.
Of-Counsel DMK Lawyers
In 2013, the Electric Mobility Incentives Law No. 103-13 was enacted in our country, in order to promote the use of vehicles that do not pollute the environment and reduce the levels of pollution caused by fuel emissions fossils. However, it is really from 2018 that the entry into force of said legal text has taken place, which allows the importation of electric vehicles paying only 50% tariff, 50% ITBIS and 50% first plate.
Although 10 different models are currently being imported into the country and there is a Dominican Electric Mobility Association (Asomoedo), for most of those who understand the matter it is a challenge so that the use of electric vehicles can be generalized in addition to increasing imports, expand cargo networks. Certainly, the lack of charging networks could be considered a challenge, but it is easily overcome and, furthermore, since it is a small country, it is not necessary to mass ship chargers as in territorially extensive countries because here the distances are reduced and people can charge vehicles in their homes and with that charge can solve the mobility problem within the city without great inconvenience.
In our opinion, there are other challenges that are not so obvious, which are not of legal origin, but which entail the adoption of a series of complementary measures so that electric mobility is a successful reality and below I want to reflect on some considerations in terms of safety that they must be taken into account.
First, from the insurance point of view, the massive use of electric vehicles should not represent a change in regulation, at most, it could imply a change in the policy; in terms of the rate and/or deductibles because the technology of this type of vehicle, including the battery and other components, could mean a change in the insurance conditions.
However, as the issue is still relatively new in the country and the number of one thousand electric vehicles in circulation has not yet been reached, we still do not have statistical information on traffic accidents involving this type of cars, but when the number of electric vehicles circulating, it is very likely that there will be adjustments by insurance companies in the process of evaluating risk since according to experts in the matter, only the battery could represent between 40% and 60% of the value of the same.
For insurers, it will also be important that there is the availability of spare parts in the local market, that there are workshops with equipment and specialized labor for the repair of this type of vehicle in case of accidents and if it is a total loss, it will be relevant to know who it could buy the remains of an electrical unit or if they will have to assume 100% of the loss, and may even affect their reinsurance contracts.
Regarding traffic regulations, we must bear in mind that in the country we have a very high rate of traffic accidents and although the era of automobile electrification is in its infancy, the vast majority of drivers have never driven a 100% electric vehicle; and experts point out that there are differences between driving a car of this type and a combustion car. The most important is that the response and power delivery of the zero-emissions specimens is immediate. The transmission of force goes directly to the wheels and acceleration is greater, and although in cases of an accident involving an electric car the risks are similar to those involving combustion vehicles if there are aspects to take into consideration to reduce the specific risks caused by the presence of a high voltage battery.
In the conclusions of a report prepared by the French insurance company AXA based on its data on claims with electric vehicles, it is stated: “being able to drive a vehicle does not necessarily mean knowing how to drive any type of vehicle. It is important to have specific knowledge and practice driving, something very necessary when it comes to electric cars, in which you have to get used to their particular acceleration and braking to guarantee safety on the move ”.
In another study carried out by the National Highway Traffic Safety Administration (NHTSA), it is argued that electric cars are up to 35% more likely to hit a pedestrian than one with a conventional motor. The figure rises to 57% for the probability of accidents with a cyclist. This as a result of the so-called “low noise while running” that makes electric vehicles quieter than conventional ones.
For all the above, we are of the opinion that it is necessary for the population to know about the particular characteristics of electric vehicles and the most important differences that must be taken into account when an electric vehicle is involved in a car accident; Well, although the experts indicate that the level of risk is almost the same with respect to that involving gasoline or diesel vehicles; if there are associated risks, especially from the high voltage battery. Therefore, it is necessary to consider the possibilities of electrocution, electrical burns caused by heat, fire as a result of uncontrolled chemical reactions and specific issues regarding the extraction of victims or the transfer and storage of the vehicle after the accident since the batteries Damaged cars can catch fire up to 48 hours after a crash and therefore after an accident or a very strong blow, the car should be stored at least 15 meters away from other vehicles or in safe structures, in order to prevent a possible battery fire in the hours after the accident.
Electric mobility and ecological vehicles are a necessity and we celebrate that the Dominican Republic has adopted an incentive law to use them, but with these lines, we wanted to draw attention that the number of vehicles in circulation is still incipient and that in addition to promoting Importing vehicles and expanding cargo networks is imperative from a safety point of view to fill the educational gap, create structures, have the support and that the institutions review their traditional protocols in cases of accidents and make the necessary adjustments so that the regulations are successfully implemented.
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