The EU Court of Justice yesterday announced a landmark ruling stating that pedal-assist e-bikes are actually bikes, not motorbikes or (gasp) motor vehicles, which means e-cyclists aren’t obligated to be insured in the same way as motorists and can be compensated as a cyclist, not a “motor vehicle driver,” in the case of an accident.
The debate sparked a few years ago when a cyclist on an e-bike in Bruges, Belgium, was hit and killed by a motorist. Court proceedings concerning compensation for the family brought into question whether or not his family would be entitled to automatic compensation as a “vulnerable road user” under Belgian law, or if his e-bike should be classified as a “motor vehicle,” meaning a lot less compensation.
The Belgium court then decided to refer the case to the EU Court of Justice, which delivered a judgment that we at Electrek just can’t argue with: A “motor vehicle” must be propelled exclusively by mechanical power, meaning pedal-assist e-bikes of the EU variety are still classified as trusty ol’ bikes.
The court concluded that e-bikes “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.” They also put the fine point on “motor insurance” legalities, implying that the definition refers to motorcycles and other vehicles that are, again, propelled exclusively by mechanical power.
While countries around the globe have a varied assortment of rules and classifications regarding electrically powered bikes and motorbikes, this new ruling will clear up any obligations to carry liability insurance for your pedal-assist bike in the EU. Of course EU regulations, contrary to the US, limit pedal-assist bikes to a maximum continuous rated power of no more than 250 W and a speed to 25 km/h before cutting out power, leaving you to rely your legs for more speed.
But that is not to say that e-bike insurance in’t a great idea, to cover your bases from theft, accidental damage, and protecting yourself from hefty payouts in case of an accident involving a third party. And while it’s not legally required either, be sure to wear a helmet!
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