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Warning to electric bike owners

TM59

Joined: Mar 11, 2008

Posts: 103

MH: Swift Kontiki

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Looking through my copy of the February 'Motor caravanner' page 10, I came across the following article;

Warning to electric bike owners:

Q: I have been summoned in connection with a bike I was riding that was involved in a collision with a bus. The bike is an e-bike (electrically assisted bike) and I was assured by the suppliers that it was road legal as a cycle not a motor vehicle.

A: I believe your problem is that the bike's powe exceeds 200 watts. Any bicycle exceeding 200watts that is ridden on the roads in the UK requires insurance. The definition of a motor vehicle is a mechanically propelled vehicle intended or adapted for the road.

Mechanically propelled includes a propulsion by petrol, oil, steam or electricity. The case of Burns v Currell (1963) has become the standard case to apply when asking whether a vehicle is intended for use on the road. It would appear that the vehicle would have to be used more than once before something such as an off road scramble bike could be considered to be a motor vehicle unless the owner adapted it for on road use for example by the fitting of lights and tyres.

I suspect you are unlikely to succeed in defending this as in my view insurance should be in place.

Also I don't feel the vendor can be blamed (other than in mitigation of the criminal charge) as the old rule (from a case in 1950's) is that ignorance of the law is no defence.

This sounds harsh I know. (response from Andrew Campbell, www.bikelawyer.co.uk)

Interesting.

Trevor

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trevor - already covered earlier

http://www.motorhomefacts.com/ftopict-120286-electric.htm l+bike

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