Electric Bikes Conversion Kits EMTBS eRoad/Commuting What's New?

If it's illegal......

Ettica

Ettica

Pedelecer
Sep 19, 2008
186
8
Heskin Lancashire
I presume that if an ebiker was caught using an illegal ebike on public roads then as it would be classed as a vehicle they could be....

Fined for not being registered
Fined for no tax
Fined for no number plates
Fined for no insurance

and
points on licence or
banned?

Anyone know if the above is all correct? Any additions?
 
Ettica

Ettica

Pedelecer
Sep 19, 2008
186
8
Heskin Lancashire
Ok, so what you are saying is that if someone has a 'legal' ebike with the accepted current parameters, they would be treated the same as someone who buys a 1000w front wheel kit and rides it on the road?

The police would or could just give you a ticking off?

I am perplexed if this is so.
 
jazper53

jazper53

Esteemed Pedelecer
Jan 20, 2012
890
18
Brighton
Ettica said:
Ok, so what you are saying is that if someone has a 'legal' ebike with the accepted current parameters, they would be treated the same as someone who buys a 1000w front wheel kit and rides it on the road?

The police would or could just give you a ticking off?

I am perplexed if this is so.
Click to expand...
Bikes over 200w motors are deemed illegal so a 1000w+ would be = illegal as a 250w motor so it could be used as a precedent that the blind eye policy was showing prejudice between illegality if 1000w users were prosecuted.
 
B

Blew it

Esteemed Pedelecer
Jun 8, 2008
1,472
97
Swindon, Wiltshire
What I am saying, is exactly what I said in my first reply.

What the police would do if such a situation occured, I suspect, is deal appropriately with any related issues, but side-stepping the type approval question. Until such time as the European harmonization initiative is completed, I think they will prefer not to set any precedent by going for a conviction on the grounds of a non type approved machine.

Crossed with Jazper, who appears to agree with my suspicions
 
Last edited:
5

50 Hertz

Pedelecer
Mar 6, 2013
172
2
Ettica said:
I presume that if an ebiker was caught using an illegal ebike on public roads then as it would be classed as a vehicle they could be....

Fined for not being registered
Fined for no tax
Fined for no number plates
Fined for no insurance

and
points on licence or
banned?

Anyone know if the above is all correct? Any additions?
Click to expand...
I think that if the bike complies with current EU legislation, although technically ilegal under current UK law, there would be no prosecution. In fact, I think that this has been hinted at by the authorities, but I can't find any reference to that at the moment, so it might be a red herring. This blind eye policy has come about due to the UK's intention to ultimately rubber stamp and adopt European legislation.

If the bike blatantly falls outside the current European legislation and is one of these 1KW+ 30 MPH pseudo mopeds for example, my guess is that the owner would be prosecuted for all the offences which you list and a few more besides. It's difficult to predict what he penalty would be.


FPO
 
G

GaRRy

Esteemed Pedelecer
May 18, 2012
1,019
3
Tamworth
Blew it said:
None of the above.

All electric bicycles currently available are technically illegal, and will remain so until 2016
Click to expand...
While this may well be true it seems a very dangerous (and potentially expensive) assumption to make.
 
M

mike killay

Esteemed Pedelecer
Feb 17, 2011
3,012
1,629
One of the problems is that while the UK is in the EU, we have to acknowledge that people from other EU countries might bring bikes to the UK on holiday.
Those bikes may fully comply with the EU laws, but not ours.
For the UK, worse problems could arise if a Belgian arives with a Class A petrol engined moped. In Belgium, these are unlicensed, but limited to 25kph and you have to wear a helmet.
Unfortunately, the UK Civil Service has lagged well behind changes within the EU
 
flecc

flecc

Member
Oct 25, 2006
53,561
30,850
50 Hertz said:
I think that if the bike complies with current EU legislation, although technically ilegal under current UK law, there would be no prosecution. In fact, I think that this has been hinted at by the authorities, but I can't find any reference to that at the moment, so it might be a red herring. This blind eye policy has come about due to the UK's intention to ultimately rubber stamp and adopt European legislation.
Click to expand...
The DfT have emphatically stated as such and have directed that. Below are extracts from their statements on this subject:

Summary of Government response to consultation

2.The Department for Transport has considered the responses to this consultation and supports recommendations to harmonise power limits (from 200 Watts to 250 Watts) with similar provisions in place across Europe. This will provide consumers with access to a wider range of electrically assisted cycles.

Extracts from intentions:

The DfT and Police are aware that electric bikes currently sold and used in the UK are fitted with 250W motors, they do not intend to become involved in prosecuting those that sell or ride them. The use of an "Off Road Button" however is strictly forbidden now and is specifically mentioned in documents appertaining to new and existing guidelines.

"Grandfather rights" will apply to all bikes sold before the new regulations come into force. So any changes will not be retrospective.

End of quote.

In response to the original inquiry, yes, points and any driving bans will apply to any current or future driving licence in the event of a conviction for using a powered bicycle that is deemed to be a motor vehicle.
 
D

Deleted member 4366

Guest
When my neighbour's lad was stopped by the police on his illegal (no pedals) electric scooter, they gave him a section 59 notice, which said that if he did it again, they'd confiscate it.

A big problem they'd have if they stopped you on a 350w motor would be to prove what its power was. As long as you don't have a label on it that says 350w , they'd struggle. The 15mph limit is easier to test. but a lot of the so-called legall 250w bikes don't meet that either.
 
1

103Alex1

Esteemed Pedelecer
Sep 29, 2012
2,228
67
250W continuous 500W peak 50Nm. Apparently.
 
1

103Alex1

Esteemed Pedelecer
Sep 29, 2012
2,228
67
I think that now they have decided to ride 250W bikes on the road themselves without these being registered with the DVLA and insured (which they couldn't be any more than a certified 'L1e moped' as they'd not meet the UK criteria) we can be pretty reassured that riders of these technically illegal bikes will NOT be treated as riding motor vehicles in contravention of the Road Traffic Act and will NOT be prosecuted on account of the bike itself any differently to a regular cyclist.

In the event of any challenge for riding these bikes, simply pointing out to the police or a magistrate that certain UK forces are doing the same themselves will pretty much undoubtedly lead to any eBike related motoring charges being thrown out of court.

West Sussex police are already riding around on Freego Eagles after all ...

http://www.electricbikemag.co.uk/showStory.php?storynum=166

Perhaps why with the prospect of supplying more forces with eBikes certain dealers are wanting to make sure they are seen to be 100% squeaky and not selling joe public any bikes that are more powerful than the amnesty allows (just my cynical side coming out again lol). Reminds me of when the govt told the Big 4 accountancy firms that unless they agreed to stop selling tax planning schemes to their clients (even if legitimate) they would lose their government audit contracts. Funnily enough, they stopped and did a U-turn on how they guided their clients from telling them they could do it and they'd be defended for doing so to telling them that they shouldn't buy such arrangements from competitors because they were likely to wind up in a heap of bother (!) Nothing changes ...
 
Last edited:
You must log in or register to reply here.

Related Articles

View more

Advertisers

Top Bottom