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Should electric bicycles be considered motor vehicles, just like scooters, cars, or trucks? The European Union’s Court of Justice has ruled: no. As a result, no insurance is required.
This seemingly minor matter could have had significant consequences for sellers and owners of electric bicycles. Recently, the European Union’s Court of Justice rendered its verdict on the legal definition of an electric bicycle, following the inability of a court in Bruges to do so.
Motor vehicle or not?
The issue centered around the role of the motor, particularly in cases of accidents involving a cyclist riding an electric bike. The question is: should it be considered a motor vehicle, just like scooters, cars, or trucks, and therefore require insurance whenever someone drives such a machine?
For the European jurisdiction, the answer is no, according to Cycling Electric. Electric bicycles do not need compulsory insurance since they are not “propelled exclusively by mechanical energy,” meaning a motor. It should be noted that the cyclist also provides some muscular effort, however small it may be – or not, depending on the assistance mode used.
The document states:
Devices that are not powered exclusively by mechanical force, such as an electric bicycle that can accelerate to 20 km/h without pedaling, do not appear to be capable of causing bodily harm or material damage to third parties comparable to the damages that can be caused by motorcycles, cars, trucks, or other vehicles powered exclusively by mechanical power, which can reach significantly higher speeds.
European Union’s Court of Justice
A good news for the sector
As Transition Vélo rightly points out, making insurance mandatory would have added a heavy burden to the adoption of an electric bicycle. This would clearly not have helped the sector either for manufacturers or users. Therefore, this judicial decision is a good piece of news for the sector.
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