It’s no secret that the micromobility industry has its share of detractors. Several of our articles covering the debut of new e-bikes have been met with comments classifying them as electric motorcycles rather than e-bikes. While it’s easy to understand where these comments are coming from, it’s important to note that there is a difference between electric bikes and electric motorcycles, and even electric mopeds. A big difference.
The Court of Justice of the European Union has just handed down a ruling which officially qualifies electric bikes as bicycles and not motor vehicles. From a technical point of view, e-bikes, at least in Europe, are not allowed to have acceleration modes and can only be motorized if the rider presses the pedals. This is the heart of the decision: electric bikes are considered bicycles because they require the rider to pedal. Motor vehicles, on the other hand, must be powered exclusively by their engine.
A Forbes article points out that this debate has its origins in an electric bike accident in Bruges, Belgium, where a cyclist was killed in an accident with a car. The case was then taken to the Court of Justice of the European Union, which ultimately ruled that the cyclist was entitled to compensation as “vulnerable road user“, and not as the driver of an ordinary motor vehicle. The latter type of vehicle entitles you to much less compensation than the former.
The ruling by the Court of Justice of the EU means that drivers of e-bikes are exempt from compulsory car insurance in Europe, which is a prerequisite for motorists and motorcyclists. Furthermore, the Court found that electric bicycles were “incapable of causing damage comparable to that caused by motorcycles or cars“. Of course, this does not mean that e-bikes are safe means of transportation and do not cause injury to others in the event of an accident with a pedestrian. In Europe, e-bikes are limited to a rated power of 250 watts and are not allowed to develop assistance at a speed higher than 25 kilometers per hour.
When cycling, don’t forget to wear (at least) a helmet
That said, the rules and regulations for e-bikes are much more relaxed in the United States. In fact, a large number of electric bikes sold in the United States have more than 500 watts of power, and many of them come with a thumb throttle. In this case, the judgment of the Court of Justice of the European Union seems inapplicable.
Ultimately, no matter where you are in the world, it’s always best to exercise caution. It is advisable to take out insurance against theft and damage caused by an accident. Additionally, wearing protective equipment, including an approved helmet, may not yet be mandatory everywhere, but there is nothing to lose when it comes to safety.
2023-10-17 20:09:43
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