Despite a nationwide crackdown on illegal, high-powered bikes, it appears that confusion remains rife within some of the UK’s police forces when it comes to the legal definition of an e-bike. Or at least that’s the case in the Police Service of Northern Ireland (PSNI), where one sergeant recently claimed that “under current legislation, e-scooters and e-bikes are deemed to be motor vehicles”.
That questionable claim was made by PSNI Sergeant Adam Patterson after his local policing team carried out two days of targeted action against the “illegal and anti-social” use of scooters, scramblers, and bikes in Lurgan and Craigavon, Co. Armagh, in response to “ongoing community concern”.
On 31 July and 1 August, the team seized a total of 23 vehicles, with two adults arrested (one a motorist) and two more cautioned for motoring offences as part of the ‘Two Wheel Vehicle Operation’. A young person was also arrested, while others were spoken to by police in the presence of their parents and guardians, and have been referred to the Youth Diversion Officer.
One of those arrests involved the seizure of what was described as a “an electric motorcycle”. Its 25-year-old driver was arrested on suspicion of a range of motoring offences, while a search of his property discovered over half a kilogramme of cannabis. The man was further arrested on suspicion of possession of class B controlled drugs with intent to supply.
A 58-year-old motorist was later arrested by officers on patrol – who were supported by a drone team – and charged with driving under the influence of alcohol.
A teenager was also stopped by officers “riding an e-bike on the wrong side of the road”. He attempted to evade police but was arrested on suspicion of driving offences and possession of a class B controlled drug. It was later established that the e-bike had been stolen.
In a statement praising the success of the operation, sergeant Patterson said: “23 nuisance vehicles are now off the road – and, as these uninsured vehicles are not road legal, they will be disposed of by police within 14 days of seizure unless the owner requests a review by the magistrates court, at the owner’s expense.”
He continued: “Under current legislation, e-scooters and e-bikes are deemed to be motor vehicles, meaning the rider must have a driving licence and the vehicle must be taxed, insured and fitted with lights and a number plate.”
That particular statement may raise eyebrows within the cycling community, which has frequently criticised the erroneous use of the term e-bike when employed by police and the national media to describe what is, in fact, a high-powered electric motorbike, with or without pedals.
‘E-bike’ generally refers to an electrically assisted pedal cycle (EAPC), legal electric cycles that can be treated the same as a conventional pedal cycle, provided the user is age 14 or over.
They must have pedals that can propel the bicycle, have an electric motor with a maximum continuous rated power not exceeding 250 watts, and cut off electrical assistance when it reaches 15.5mph. Riders of these compliant e-bikes do not need to register or insure their bicycle, nor are they legally required to wear a helmet whIle riding it.
However, the use of illegally modified bikes, which do not cut off assistance at 15.5mph and can reach high speeds without pedalling, has become an increasing issue on the UK’s streets, leading to widespread confusion with their legal counterparts.
These machines are instead classified as motorbikes and mopeds and do require a licence, registration, Vehicle Excise Duty, and the rider to wear an approved motorcycle helmet.
ebiketips approached the PSNI to ask why Sergeant Patterson had used the term e-bike to refer to an illegal machine, pointing out that such usage could cause confusion among the general public concerning the legality of EAPCs.
In response, Patterson insisted that his statement referred to “some” forms of e-bikes which should be categorised as motorcycles.
“It is defined in law, that some e-bikes should be regarded as motor vehicles and hence require insurance and tax,” he said.
“An e-bike is deemed illegal if it travels at a speed over 15.5mph or has an output over 250 watts in power.
“Everyone has a duty to keep our roads safe and this is ensuring that all vehicles are roadworthy. It is incumbent upon anyone using an e-bike to ensure that it meets the legal requirements for use.”
We then pointed out to Patterson that e-bikes are legally allowed to travel above 15.5mph, but that the electric pedal assist must cut out when it reaches that speed.
The confusion over an e-bike’s legal speed – even among the UK’s police forces – was underlined this summer, after a delivery cyclist’s hired Tern e-cargo bike was wrongly seized as part of West Midlands Police’s Operation FRISLEN, a “targeted initiative” aimed at “addressing the growing concerns surround the misuse of e-bikes and electric scooters in Birmingham city centre”.
In bodycam footage of the seizure, one of the officers can be seen raising the back wheel of the bike and spinning the pedals, causing the bike’s computer and rear wheel sensor to purportedly record a speed of 47kph – which they deemed evidence that the cargo bike was illegally powered, despite the cyclist telling them: “It’s off, there’s no assist”.
Nevertheless, the officers proceeded to hand the rider a fixed penalty notice, including a £300 fine and six points on his driving licence, and seized the bike. The Birmingham Bike Foundry, the shop which hired out the cargo bike under a council-funded scheme, then attempted to track down the bike, only to be told a month later that it had been destroyed, prompting them to launch an appeal against the decision.
However, after the case attracted national media coverage, West Midlands Police apologised for erroneously seizing and destroying the £6,000 cargo bike, while also agreeing to stop using the test carried out by its officers, admitting that, while there was “no malice” in their actions, it was inaccurate.
When the potential for this kind of confusion was pointed out to the PSNI and Sergeant Patterson, we were simply directed to a page on the service’s website, titled ‘E-scooter, Scrambler and Quad Safety’.
On the page, under the heading ‘Electric bikes’, the PSNI says: “Certain electric bicycles (e-bikes) are referred to as ‘electrically-assisted pedal cycles’ (EAPCs). To qualify as an EAPC, the bike must have functional pedals that can propel it forward, supported by an electric motor.”
A further link to NI Direct, the official government website for Northern Ireland, outlines the legal definition of an EAPC and the distinction between it and non-compliant bikes, which are legally classified as motorbikes or mopeds.
In reference to the recent ‘Two Wheel Vehicle Operation’, Patterson concluded: “From a safety point of view, their inappropriate use in public spaces poses a risk to the safety of both rider and the public. People have already been seriously hurt as a result of their use.
“The number of vehicles seized demonstrates the scale of this problem. As we do all we can to detect offenders, we’d ask that our local community continues to report the illegal and dangerous driving of these vehicles so we can help to make our roads safer for everyone.”
Earlier this week, new data revealed that the number of e-bikes seized by police officers across the UK has soared by 83 per cent this year.
According to the figures, supplied by 31 police forces across the UK, 7,049 bikes were deemed to be illegal and confiscated by police in the 12 months to 19 May, compared to the 3,858 seized the previous year.
The Metropolitan Police were the busiest force when it came to e-bike seizures, with 2,367 bikes confiscated in London alone during the documented period. 11 of the 31 forces also reported that the number of bikes they had seized had doubled year on year.
