Electric Bikes: Mechanically Propelled Or Not?

Electric bikes, or e-bikes, are a popular mode of transport, but their legal status is not always clear. While some consider them to be a type of powered transporter or motor vehicle, others argue that they do not fall within the definition of a motor vehicle as they are not 'propelled exclusively by means of mechanical power'. This ambiguity has led to varying regulations and restrictions on their use, with some areas banning certain types of e-bikes while others allow them on the roads. Understanding whether an electric bike is a mechanically propelled vehicle has implications for insurance, road laws, and liability in the event of an accident.

Electric bikes are not 'propelled exclusively by means of mechanical power'

Electric bikes are not propelled exclusively by means of mechanical power. In fact, a panel of five CJEU judges ruled that e-bikes do not fall within the definition of a motor vehicle as they are not 'propelled exclusively by means of mechanical power'. The judges found that the concept of a “vehicle”, within the meaning of the applicable provisions does not encompass a bicycle whose electric motor provides pedal assistance only.

The legal definition of a mechanically propelled vehicle is a "mechanically propelled vehicle intended or adapted for use on roads". A bike is intended for road use, but it has no adaptations so it might not legally qualify. If the e-bike falls out with the strict category for EAPCs, it would probably be considered a “powered transporter” which would fall within the definition of “motor vehicle”. This definition is set out by the Road Traffic Act 1988 as “any mechanically propelled vehicle intended or adapted for use on roads”. In those circumstances, the e-bike would be subject to the same laws and regulations that apply to all motor vehicles.

In some places, electric-powered bicycles slower than 20 km/h without pedalling are legally recognised as a non-mechanically operated vehicle. The ADRs contain the following definitions for bicycles and mopeds: a vehicle designed to be propelled through a mechanism solely by human power; a pedal cycle to which is attached one or more auxiliary propulsion motors having a combined maximum power output not exceeding 200 watts.

Electric bikes are considered powered transporters

In some places, electric bikes are banned. For example, there are bans in small areas of Shanghai, Hangzhou and Beijing. However, in Shenzhen, electric bikes are allowed and can be seen on the streets.

The ADRs contain definitions for bicycles and mopeds, with a bicycle being defined as a vehicle designed to be propelled through a mechanism solely by human power. A moped, on the other hand, is defined as a pedal cycle with one or more auxiliary propulsion motors having a combined maximum power output not exceeding 200 watts. Electric-powered bicycles that can go slower than 20 km/h without pedalling are legally recognised as non-mechanically operated vehicles.

Electric bikes are subject to the same laws and regulations as motor vehicles

However, a panel of five CJEU judges ruled that e-bikes do not fall within the definition of a motor vehicle as they are not "propelled exclusively by means of mechanical power". The judges found that the concept of a "vehicle" does not encompass a bicycle whose electric motor provides pedal assistance only.

In some places, electric-powered bicycles slower than 20 km/h without pedalling are legally recognised as non-mechanically operated vehicles. The ADRs contain definitions for bicycles and mopeds, with a bicycle defined as "a vehicle designed to be propelled through a mechanism solely by human power".

Electric bikes are not 'mechanically operated'

Electric bikes are not mechanically operated. A panel of five CJEU judges ruled that e-bikes do not fall within the definition of a motor vehicle as they are not 'propelled exclusively by means of mechanical power'. The judges found that the concept of a “vehicle”, within the meaning of the applicable provisions does not encompass a bicycle whose electric motor provides pedal assistance only.

The legal definition of a mechanically propelled vehicle is a "mechanically propelled vehicle intended or adapted for use on roads". It could be argued that an electric bike falls within this definition as it is intended for use on roads. However, the bike has no adaptations so it might not legally qualify.

In some places, electric bikes are considered "powered transporters", which fall within the definition of "motor vehicle". In these circumstances, the e-bike would be subject to the same laws and regulations that apply to all motor vehicles.

In Shanghai, Hangzhou and Beijing, there are bans in place for "Scooter-Style Electric Bikes". However, in Shenzhen, e-bikes are allowed and are legally recognised as a non-mechanically operated vehicle.

Electric bikes are propelled by 'human power'

Electric bikes are propelled by human power. A panel of five CJEU judges ruled that e-bikes do not fall within the definition of a motor vehicle as they are not 'propelled exclusively by means of mechanical power'. The judges found that the concept of a “vehicle”, within the meaning of the applicable provisions does not encompass a bicycle whose electric motor provides pedal assistance only.

The legal definition of a mechanically propelled vehicle is a "mechanically propelled vehicle intended or adapted for use on roads". Although an e-bike is being propelled, it has no adaptations so it might not legally qualify as a mechanically propelled vehicle.

There are different laws in different countries. In the UK, if the e-bike falls out with the strict category for EAPCs, it would probably be considered a “powered transporter” which would fall within the definition of “motor vehicle”. In those circumstances, the e-bike would be subject to the same laws and regulations that apply to all motor vehicles. In China, electric-powered bicycles slower than 20 km/h without pedalling are legally recognised as a non-mechanically operated vehicle.

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