Rickshaws, Electric Bikes & The Law
Electric Bike Road Traffic Offences & Section 185 Road traffic Act
Electric bikes are quickly becoming more popular and common place on UK roads. If you have an electric bike, are a rider of electric bikes, or an owner / manager of an electric bike or rickshaw company, then this page is for you.
As more and more commuters / leisure cyclists invest in electrically assisted bikes, accusations of related motoring offences are anticipated to rise.
While most of these power assisted bicycles are rated within the exemption in terms of speed, weight & maximum power, some can be far more powerful and therefore fall outside of the exemptions.
We can see that lots of people will start to be charged with these offences as they are effectively motorbikes / mopeds rather than electronically assisted pedal cycles.
Electric Bike Law
Anything which can travel at more than 15 mph, exceeds 40 kg or has a power output of greater than 250W is no longer an electric bike but, under section 185 of the Road Traffic Act, suddenly becomes a “motor vehicle”.
Electric bikes – potential Road Traffic Act offences.
Did you know that you can be accused of road traffic offences, for example riding the bike without the motor insurance, without the correct licence even speeding offences if your electric bike does not fall within the statutory exemptions in terms of its maximum speed, weight and maximum rated wattage.
If your electric bike exceeds the maximum speed capability, maximum weight rules or the maximum rated power then it could be classed as a motor vehicle and needs to be fully road legal.
If you are stopped by the police and accused of a road traffic offence whilst riding an electric bike then please. Otherwise you could be facing penalty points on your driving licence and in some circumstances even the risk of disqualification.
Police target rickshaw drivers on mass in Central London
On the 21st December 2019 the police put into action an operation to remove rickshaws from the streets of London. Officers have been stopping, seizing and in some cases destroying rickshaws to remove them from the streets permanently.
But the way they have been doing it is rather strange – they have been using a piece of legislation which gives them the power to remove uninsured motor vehicles from the road.
What is a “Motor Vehicle”?
Generally a rickshaw is not a motor vehicle. It is simply an electric bike and therefore doesn’t need insurance.
However anything which can travel at more than 15 mph, exceeds 40 kg or has a power output of greater than 250W is no longer an electric bike but, under section 185 of the Road Traffic Act, suddenly becomes a “motor vehicle”, which is then governed by the Road traffic act and requires insurance and licence to drive it (as well as license plates, indicators and headlights).
So the police have been stopping rickshaws and testing their weight, speed and power output. If they exceed any of the regulations they are classed as motor vehicles and if the riders do not have a licence / insurance, then they are seized for having no insurance.
Firstly the rickshaw will be impounded. Generally in order to recover it the owner will need to turn up at the impound with proof of ownership, a licence and insurance, and pay the impound fee in order to get it released. The police usually give the owner 14 days before the bike is destroyed or sold.
Secondly, the rider may be prosecuted for driving without a licence and driving without insurance, putting them personally at risk of up to 8 penalty points or discretionary disqualification, as well as fines and costs.
What Can be Done to Defend Electric Bike Allegations?
Car pounds can be difficult to deal with and very particular with the paperwork they accept. It is advisable to get legal advice before recovering a bike.
You have to act quickly. Every day the bike is in the pound the fee for release increases. And if it is not recovered within 14 days, the police will keep possession of it. They will put it aside for sale / auction.
The best that can be done at this stage is to ask the police not to destroy it because as the rider, you have decided to take their case to court and challenge the allegations against you. (for example, if you successfully challenge in court that the power output was 250 W or less and therefore did not need insurance, you may be able to the claim the bike back at a later stage).
Separately there will be the police prosecution against the rider directly.
The rider may be given a fixed penalty offer, giving them the chance to accept 6 penalty points and a £200 fine for driving without insurance instead of taking the matter to court.
Whether to accept the fixed penalty offer has to be considered carefully. Once it is accepted there is no turning back. That cannot be undone at a later stage.
If the rider decides not to accept the fixed penalty the case will proceed to court. At this stage there are potentially a number of arguments available.
One would be to argue whether this would be classed as a “motor vehicle”. An expert on power outages may be required to examine the motor and top speed of the device to see whether it even requires insurance.
Even if it is considered a motor vehicle and does need insurance, the rider still may be able to defend themselves. There is a very specific defence for people accused of driving without insurance if they can show:
- that the vehicle did not belong to them and was not in his possession under a contract,
- that they were using the vehicle in the course of employment; and
- that they neither knew nor had reason to believe that there was no insurance needed.
But these are not straight forward legal cases. They are often complicated, technical and require a thorough examination by a specialist.
Frequently Asked Electric Vehicle Questions:
Do you have any questions about being stopped for a electric vehicle offences? Please ask and we will gladly give you legal advice based on the specifics of your case and offence.
If you need advice about electric vehicle allegations please click here to ASK US A FREE QUESTION and find out how we can help you.