Police to stop using “bogus” e-bike speed test as charges against delivery cyclist who had £6,000 cargo bike seized and destroyed are dropped

West Midlands Police is exploring alternative methods of spotting illegal e-motorbike use after the force apologised for seizing and destroying a legal e-cargo bike hired by a delivery cyclist as part of a council-funded scheme.

The charges against the cyclist, which West Midlands Police initially claimed related to him riding without insurance, have also been dropped, with the force agreeing to reimburse the Birmingham Bike Foundry, a co-operative bike shop in the city, for the loss of the bike.

In an email sent to the Birmingham Bike Foundry on Wednesday, West Midlands Police said it would stop using the test carried out by its officers when the bike was seized – described by cycling campaigners as “bogus” – admitting that, while there was “no malice” in the officer’s actions, it was inaccurate.

On Tuesday, ebiketips reported that the Birmingham Bike Foundry and the delivery cyclist, backed by cycling and disability groups, had lodged an appeal against the force’s wrongful decision to seize and destroy the rider’s Tern HSD S00, believing it to be an illegal e-motorbike.

> Police seize and destroy delivery cyclist’s legal e-bike hired through council-funded scheme after “bogus” test – but officers claim rider didn’t have insurance

The cyclist, who had been riding the e-cargo bike for a few months after renting it as part of Birmingham Bike Foundry’s Gear Shift scheme, funded by the city council, was stopped by police on 24 April 2026 at 8.15pm on New Street, Birmingham.

The Tern e-cargo bike was seized as part of the force’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”.

The term e-bike 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.

However, the use illegally modified e-motorbikes, which do not cut off assistance at 15.5mph and can reach high speeds without pedalling, have become an increasing issue on the UK’s streets, leading to widespread confusion with their legal counterparts.

In bodycam footage obtained exclusively by ebiketips, three officers can be seen talking to the cyclist, who repeatedly tells them that the bike is legal.

“Just try riding it, it’s no problem,” he says, while one of the officers tells his colleagues: “Get the speed up again, I’ll get a photo”.

At that point, one of the officers raises the back wheel of the bike and spins 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 legally powered, despite the cyclist telling them: “It’s off, there’s no assist”.

In audio of the incident, the rider tells the officers on several occasions that the electric motor is not even running as they carry out the test. 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.

“It was a bogus test. They lifted the rear wheel off the ground and spun the cranks quite vigorously as well,” Allama from the Birmingham Bike Foundry told ebiketips.

“Any bike would fail that test, even the regular non-electric bike, because it’s not subject to resistance or friction or anything.

“And the thing with Bosch electrics is sometimes the motor doesn’t even start when the rear wheel is off the ground. He was pleading with them that the motor wasn’t even on and they were just ignoring him.”

Birmingham Bike Foundry then spent the following month appealing the seizure to West Midlands Police with the aim of retrieving the bike – only to be later told it was destroyed.

Now, however, following a public and legal appeal supported by Cycling UK and other groups, and press coverage in ebiketips and the BBC, West Midlands Police has accepted fault for the incident, while confirming that their officers have stopped using the “faulty” test used to seize the bike with immediate effect.

On Wednesday, an officer told Allama that the charges against the delivery cyclist were being dropped and that the Birmingham Bike Foundry would be reimbursed for the Tern HSD S00. The officer also informed Allama that the force is currently working on developing a “proper” test to determine the legality of e-bikes.

In an email sent to the co-operative bike shop owner today, the officer said: “I again offer my apology for the actions of the officers on the 24th April 2026.

“Whilst there was no malice in the officers’ actions and they believed they were acting lawfully, the method to test the bike was not an accurate measurement of the bike’s capability.

“As discussed, West Midlands Police do acknowledge that the testing used to seize your bike was not accurate and therefore the bike should not have been seized”.

The email continued that an inspector “has confirmed that this testing process will desist immediately and investigation will commence into alternate testing along with appropriate training for officers.

“The traffic ticket has been cancelled and the driver will be notified of this. I apologise again for any distress or inconvenience this has caused.  I will notify the Legal Services Department of our findings so they can process your compensation claim swiftly.”

Following today’s Police’s U-turn, Cycling UK’s Cyclists’ Defence Fund has also confirmed that it dropping it case against West Midlands Police.