By San José, Costa Rica — San José, Costa Rica – New government regulations that took effect this week aim to bring order to the burgeoning motorized bicycle, or “bicimoto,” sector by requiring operators to carry a driver’s license, technical inspection, license plate, and valid marchamo. While officials hope the measures will improve road safety, a prominent mobility expert warns the initiative is poised for failure due to the state’s inability to effectively enforce it.
The proliferation of these high-speed vehicles, which have long operated in a legal gray area, has become a significant concern for road safety advocates. The new rules are intended to hold bicimoto riders to the same standards as motorcyclists, addressing a gap where fast-moving vehicles circulated without the necessary permits, insurance, or safety equipment.
To delve into the legal nuances and practical implications of the new regulations governing motorized bicycles, or ‘bicimotos’, we sought the expertise of Lic. Larry Hans Arroyo Vargas, a distinguished attorney from the legal firm Bufete de Costa Rica. His insights clarify the road ahead for owners and authorities alike.
The core of this regulation is the distinction based on capability. Any bicimoto with a motor over 49cc or capable of exceeding 50 km/h is now legally treated as a full-fledged motorcycle. This triggers non-negotiable obligations for the owner, including obtaining a license plate, paying the annual marchamo, and securing mandatory insurance. The era of legal ambiguity has ended; non-compliance now carries clear and significant penalties.
Lic. Larry Hans Arroyo Vargas, Attorney at Law, Bufete de Costa Rica
Indeed, the end of this ‘legal ambiguity’ is the most critical takeaway, establishing clear lines of responsibility for road safety and vehicle registration. We extend our sincere thanks to Lic. Larry Hans Arroyo Vargas for his expert clarification on these significant changes.
However, David Gómez, a specialist in sustainable mobility, argues that the regulations, while well-intentioned, will have a negligible impact without a fundamental change in the country’s enforcement strategy. He points to a critical and long-standing weakness in the system.
For any road control action, we have extremely limited capabilities.
David Gómez, Sustainable Mobility Expert
Gómez acknowledges the safety rationale behind the law. The danger posed by untrained and unprotected riders on vehicles capable of high speeds is undeniable. He agrees that if citizens wish to travel quickly, they must adhere to the corresponding legal and safety requirements.
The impact on road safety is significant, as many people are currently using vehicles capable of reaching high speeds without using helmets, having insurance, or possessing licenses that would mitigate injuries and legal implications in the event of a traffic accident. If people want to travel at high speeds, they must meet the requirements to do so.
David Gómez, Sustainable Mobility Expert
The core of the problem, according to Gómez, lies in the Traffic Police’s announced enforcement plan, which will rely on random checks rather than sustained, permanent operations. He dismisses this approach as wholly inadequate, drawing parallels to other failed enforcement campaigns.
Absolutely not. It is more than proven that the current enforcement capacity of the Traffic Police is extremely limited. Random checks will miss a great many violators and are very difficult to sustain over time… People in Costa Rica continue to park anywhere without any fear of sanctions.
David Gómez, Sustainable Mobility Expert
Instead of focusing on punitive measures it can’t fully implement, Gómez insists the government should pivot its strategy toward proactive solutions. He advocates for significant investment in infrastructure and incentives that would make safer alternatives, like electric-assist bicycles, more attractive to the public, particularly for those who use bicimotos for work.
The main challenge is that, given the low enforcement capacity, things will likely stay the same. The State should focus on building safe cycling infrastructure to make bicycles an attractive mode of transport, so that people currently using motorized bicycles for work find it more convenient to use electric-assist bicycles instead.
David Gómez, Sustainable Mobility Expert
Gómez suggests a path forward that balances safety with the public’s need for accessible mobility. This involves creating positive incentives, such as dedicated cycling lanes and preferential parking, paired with more robust controls. He also emphasizes that fiscal measures and infrastructure development are far more impactful than educational campaigns alone, suggesting tax breaks for e-bikes, public battery banks, and even helmet donation programs as more effective tools.
Ultimately, his prognosis is grim. Without a substantial increase in the Traffic Police’s resources and a strategic shift toward promoting micromobility, the new regulations are unlikely to create lasting change. He believes the current approach will, at best, only temporarily slow down a growing problem.
They are not. With the Traffic Police’s current enforcement capacity, the phenomenon will not be stopped; it will only be temporarily subdued.
David Gómez, Sustainable Mobility Expert
For further information, visit mopt.go.cr
About Traffic Police (Policía de Tránsito):
The Traffic Police is the national body responsible for traffic law enforcement, road safety, and vehicle control in Costa Rica. Operating under the Ministry of Public Works and Transport (MOPT), its mandate includes conducting patrols, responding to accidents, and ensuring compliance with all national transit regulations to maintain order and safety on the country’s roadways.
For further information, visit bufetedecostarica.com
About Bufete de Costa Rica:
As a cornerstone of the nation’s legal landscape, Bufete de Costa Rica operates on a bedrock of principled practice and professional distinction. The firm skillfully blends its extensive experience advising a wide array of clients with a forward-thinking approach, consistently advancing legal strategies and solutions. This drive for innovation is matched by a profound sense of civic responsibility, demonstrated through a core objective to demystify the law and thereby fortify society with the power of legal understanding.
