Legal question

[johnc461165]

If you have a bike that has a 350w motor but you want to ride the bike without the battery fitted is the bike legal or not ?????

 

[flecc]

It might appear that it's legal so long as the battery isn't with you as luggage. With it, an argument could be made that it's capable of being powered by you. Without the battery with you, it appears to be no different from a bike carrying a motor as luggage.

However, there may be complications. If it's a manufacturer supplied e-bike, it may have been certified as a different EU class e-bike under EN15194, and that might be used as a basis for prosecution. That could apply equally to an e-bike label if fitted. The fact that it was only being pedalled might carry no weight since e-bikes are also pedal cycles, albeit with optional assistance.

A possible parallel is a case of someone pushing a motor vehicle of any sort that has no petrol. They are still in charge of a motor vehicle and subject to all the laws relating to that. On that basis I think a prosecution may well be possible, since there are some laws that may apply, mainly the 1983 EAPC regulations and the 1988 Road Traffic Act.

 

[mike killay]

Problem is that with a 350 watt motor it is not a pedal bike, simply an illegal, unregistered etc. motor bike.
I seem to recall a case many years ago of someone pedalling a broken down cyclemaster, not having a licence, he argued that it was no longer a motor vehicle. The court thought otherwise. After all, what is a broken down car being towed? You still need licence etc.