EU Court of Justice rules that e-bikes are bicycles – not motorbikes
Recent ruling designates e-bike riders as vulnerable road users, with implications for insurance
James Howell-Jones
Junior Writer
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The European Union Court of Justice has ruled that e-bikes are bicycles, not motor vehicles, because they are "not propelled exclusively by mechanical power".
This ruling, which settles a debate that has been ongoing since e-bikes started appearing on our streets, means that electric bicycles do not need to be insured, unlike a car or motorbike.
It also means that people riding e-bikes are classed as vulnerable road users, just like pedestrians or people riding normal bicycles.
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The case was brought to court following a dispute in Belgium. A cyclist riding an e-bike was struck by a driver, was seriously injured, and sadly died several months later. During the court proceedings to decide upon the cyclist's right to compensation, a dispute arose regarding the legal classification of his e-bike.
The cyclist was using a pedal-assist e-bike, without a throttle. Nonetheless, the Belgian courts wanted clarification. If the victim was 'the driver of a motor vehicle', he would be entitled to far less compensation than if he was 'vulnerable road user'.
The Belgian Court of Cassation referred the question to the EU Court of Justice, which cast its judgement on October 12.
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The courts ruled that, since "the bicycle's motor merely provided pedal assistance", it was not a motor vehicle, and does not need insurance, like a car, truck or motorbike.
In the main, this is because the law requiring vehicle insurance is there to protect other road users. E-bikes, ruled the courts, do not present the same danger to others as heavier, faster-moving and mechanically-propelled vehicles.
The court ruled: "Devices which are not propelled exclusively by mechanical power, such as an electric bicycle which may accelerate to 20 km/h without pedalling, do not appear to be capable of causing bodily or material damage to third parties comparable to the damage that may be caused by motorcycles, cars, trucks or other vehicles propelled exclusively by mechanical power, which can reach significantly higher speeds."
As a result, e-bikes are not 'vehicles' and do not require insurance – good news for all e-bike users in Europe. As a result of this case, the definition of a 'vehicle' is set to be updated on from December 23.
Want to know more about e-bikes? See our complete guide covering every question you might have here.