When you hear the term “e-bikes,” what comes to mind? It can vary depending on who you ask. For many people, it refers to electric bicycles that have electric motors as pedal assistance, without eliminating the need for human pedal power.
However, it’s not uncommon to hear people mistakenly use the term “e-bikes” when referring to electric motorcycles. While they are clearly incorrect, their reasoning is understandable. After all, traditional motorcycles are often referred to as “bikes.” So, the confusion isn’t entirely unfounded.
But now, the Court of Justice of the European Union has officially ruled that electric bicycles do not fall under the category of “vehicles” as defined by the EU. On the other hand, motorcycles are certainly considered vehicles. This means that, by legal definition in at least one part of the world, e-bikes are not classified as motorcycles.
The Case at the Court of Justice
On October 12, 2023, the EU Court of Justice made a judgement in a case involving a cyclist who was riding an electric bicycle in Belgium in October 2017. The cyclist was involved in a collision with a car and later passed away from injuries sustained in the accident. The question at hand was whether the e-bike should be considered a “vehicle” under the law, which would require it to be insured like other road-going vehicles.
The electric bicycle in question had a motor that provided pedal assistance and had a boost function, but the boost would only work if the rider initially used human power to get the bike moving.
Prior to this ruling, the legal definition of a “vehicle” did not specify whether it had to be powered solely by mechanical means. However, with this new ruling, the European Parliament will amend the definition of “vehicle” to mean “any motor vehicle propelled exclusively by mechanical power.” This amendment will come into effect on December 23, 2023.
While this precedent could have implications for future cases within the European Union, it remains unclear how it might impact other parts of the world. Nevertheless, if you’re someone who cringes when others use the term “e-bike” to refer to an electric motorcycle, you now have an interesting fact to share.