Cycling and disability groups have called for the UK’s police forces to be properly trained and educated on the laws surround e-bikes, after officers in Birmingham seized and destroyed a fully legal electric cargo bike hired as part of a council-funded scheme, claiming it was an illegal e-motorbike.

Campaigners, who have helped support the rider and the shop which loaned him the bike in their appeal against the decision, have argued that the methods used to test the legality of e-bikes are faulty, after bodycam footage showed the officers raising the back wheel of the bike and spinning its pedals, before determining that the bike’s speed had exceeded the legal limit.

However, West Midlands Police has said that the cyclist, believed to be a delivery rider, was stopped and handed a fixed penalty notice for “riding without insurance” – despite cyclists not being required by law to have insurance in the UK.

But the Birmingham Bike Foundry, the bike shop and co-operative who rented the bike to the rider, claim that the police’s decision – which they argue was based on a “bogus” test – could have wider implications for both the cycling industry and law-abiding individuals who are “simply looking to get around on their bicycles”.

The cyclist was stopped by police on 24 April 2026 at 8.15pm on New Street, Birmingham, the officers claiming that he was riding an illegal e-motorbike.

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In recent years, e-bikes have been the subject of widespread confusion and misinformation, with national newspapers as well as flagship BBC programmes such as Panorama erroneously referring to illegally modified electric-powered motorbikes as e-bikes on numerous occasions.

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.

Last June, the All-Party Parliamentary Group for Cycling and Walking warned that dangerous “fake” e-bikes are undermining the UK’s cycling efforts and putting the bike industry at risk.

The cross-party group said “reputational damage to a critical mode of transport” must be addressed, while urging the government to protect “exploited” food couriers.

On the day he was stopped on Birmingham’s New Street, the cyclist was riding a Tern HSD S00, a £6,000 electric cargo-bike he had rented out for a few months as part of Birmingham Bike Foundry’s Gear Shift scheme, funded by the city council.

Tern HSD S00 2023 - full bike 3.jpg
Tern HSD S00 2023 (Image Credit: Farrelly Atkinson)

The shop, which sells, hires, and repairs bikes, has been running the e-cargo bike scheme for several years, after receiving £80,000 in funding from Birmingham City Council, allowing them to have a fleet of around 30 e-cargo bikes, as well as accessories such as child seats.

“It’s aimed to reduce car journeys within the local community,” Allama from the Birmingham Bike Foundry, told road.cc. “And it’s been really popular, loads of people have taken us up on it.

“Some people have even bought cargo bikes from us as well. The bikes are constantly out, so lots of people really enjoy using them. We all live local to the area where the shop is, and we’ve definitely seen an uptick in the number of people cycling cargo bikes around.

“It’s good. It’s what we want. Birmingham’s roads are very congested and it helps.”

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The Tern e-cargo bike was seized by police, Allama says, 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”.

In bodycam footage obtained exclusively by road.cc, 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 heard by road.cc, 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.

“He wasn’t breaking the law,” Allama says. “I do suspect that he might have been using it for courier riding, such as Deliveroo, but I can’t firmly prove that, it was just a suspicion based on the setup of his bike.

“But nonetheless, he wasn’t breaking the law. The police targeted this man and I think it was somewhat racially motivated because he’s not white, his first language isn’t English, he doesn’t speak it very well.

“I think they probably just saw an ethnic man on a bike doing delivery and sort of falsely presumed it to be an illegal bike because there are a lot of couriers, especially in and around Birmingham city centre, who do use throttle e-bikes and the like.”

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He continues: “It was a bogus test, too. They lifted the rear wheel off the ground and spun the cranks quite vigorously as well.

“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.”

According to Cycling UK, the testing method employed by the officers is “incapable of determining whether an e-bike complies with regulations as any bicycle equipped with a rear-wheel speed sensor can display speeds above 15.5mph when the wheel is spun freely”.

Tern HSD S00 2023 - motor.jpg
Tern HSD S00 2023 – motor.jpg (Image Credit: Farrelly Atkinson)

Allama says the rider informed the Birmingham Bike Foundry about the seizure, who then found themselves hitting a dead end when it came to tracking down the bike – before they were later told it had been destroyed.

“There was no process for appeals if we thought they’ve made a mistake,” Allama notes. “The bike was just taken away and the customer wasn’t given any sort of police contact information or was told that he could go to this police station to talk to someone. None of that.

“So we’ve essentially spent a month going back and forth with West Midlands Police, trying to ring around, trying to get in contact and having to resort to quite extreme measures in some cases because we got nowhere with actually calling the police.

“BBC News had published an article about it and in that article they have a photo with the recovery vehicle. So, we actually found out the name of the recovery company, called them and they gave us one of the officer’s names who was involved and that’s how we ended up making contact because 101 just couldn’t help us.

“And then after trying for three, four weeks to establish contact and sending them proof that the bike was legal, we then had an e-mail from the sergeant to say that our bike had been destroyed.”

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He continues: “We were never really presented with the opportunity to get the bike back because we were never able to speak to the appropriate people. In terms of people we tried to contact, it was mostly through 101 who just weren’t able to find it on their systems because they’re much more equipped to deal with cars.

“We emailed one of the officers involved to say that the bike was legal, attached with a manual that proves it. We never received an email back, and he didn’t pass it on to his colleagues. And we emailed the West Midlands Police and Crime Commissioner, as well, but it didn’t get passed on.”

Both the rider and Birmingham Bike Foundry have launched a legal appeal, supported by Cycling UK’s Cyclists’ Defence Fund, arguing that the process employed which led to the destruction of a £6,500 legal e-bike was “fundamentally flawed”.

But despite a range of appeals and complaints to West Midlands Police, Allama says the force has continued to provide little information about their testing procedures and the reasons behind them, though the law (RTA1988 s165A) as it stands surrounding ‘invalid carriages’ effectively permits such seizures and destruction in general.

“They’ve just maintained that is their test and they can confirm that the test was carried out correctly,” he says. “But they’ve not actually shown us any paperwork as to what they use.

“We’d like compensation for the destroyed property and loss of earnings. And we’d like them to recognise that their testing methodology is not scientifically accurate and to work with trade bodies to change it.

“We’d also like them to drop the penalty charges against the customer. So we’re waiting to hear back from them. We’ve had acknowledgement that the appeal has been received, that it’s being reviewed by a supervisor.

“And I suppose if they’re not receptive to that, we’ll just sort of have to take them to court.”

“Why would he want to go through that again? Why would he consider buying a good quality e-bike?”

Referring to the officers’ apparent flawed understanding of the legality of certain e-bikes, Allama says: “The law around electrically assisted pedal cycles is very clear. And the bike was definitely not in any violation of that, we have quite a lot of evidence to prove that. I feel quite confident that he could win that case.

“When we submitted our Freedom of Information request, we asked what training officers had received. They said that there were modules available on e-bikes, but it’s not mandatory for people unless the officers in question use bicycles as part of their policing work.

“So, there’s definitely a lack of education around the topic, and that’s quite a big factor. It’s just a gross misinterpretation of the law, because the law, the way that the officer who sees the bike dealt with it was they saw the top speed and they deemed the bike to be illegal. Whereas what the law actually states is that the motor has to cut out at 15.5 mph.

“But of course you can pedal beyond that, even on a non-electric bicycle.”

According to inclusive cycling group Wheels for Wellbeing, the New Street incident isn’t the first of its kind, with several legal e-bikes being incorrectly seized by police in recent years.

“Again, a lot of these people are migrants who are using e-bikes, they’re not in the strongest sort of financial position,” Allama says.

“That might be their means of work or their means of transport. So it just kind of feels a bit like kicking people when they’re down, and these people are depending on the bike, they’re not doing any harm.”

Allama also believes that the police’s botched handling of their supposed crackdown on illegal e-motorbikes could have a detrimental effect on the legal e-bike industry.

“It harms us because we’re trying to sell e-cargo bikes as a small independent shop,” he says. “We also operate as a not-for-profit, so we just barely pay ourselves minimum wage and we’re just trying to get people cycling.

“This person just wanted to use the bike for work, and I suppose why would he want to go through that again? Why would he consider buying a good quality e-bike from us?

“Or why would he consider even buying a legal bike, when he could just buy a cheap £500 illegal e-bike and be at the same level of risk. So, I think it definitely stands to harm our business.”

Tern HSD S00 2023 - full bike 1
Tern HSD S00 2023 – full bike 1 (Image Credit: Dave Atkinson)

When approached for comment by road.cc, a spokesperson for West Midlands Police said: “We stopped a rider on 24 April in Birmingham city centre and issued a fixed penalty notice for an offence of riding without insurance.

“The rider was advised of his rights to challenge the decision in court and the bike was seized. We have since received a complaint about the seizure, and that is being reviewed.”

According to Wheels for Wellbeing, the police’s misinterpretation of what constitutes an illegal e-bike could negatively impact those who use legal machines as mobility aids.

“The recent seizure and destruction of Birmingham Bike Foundry’s legal Tern HSD is one of a series of similar cases Wheels for Wellbeing have worked on in the last year,” a spokesperson for the group told road.cc.

“Huge pressure on police to reduce risks from illegal e-motorcycle use is combining with outdated laws and inadequate police training. The result is Disabled and other minoritised people are increasingly at risk of having our ‘invalid carriage’ mobility aids and legal e-cycles wrongly seized and impounded.

“Once police seize a legal e-cycle or ‘invalid carriage’ using motor vehicle laws, it’s almost impossible to get it returned. E-cycle and mobility aid seizures can cause serious physical, financial and legal harms directly to the people affected, and more widely harm people’s ability to make necessary journeys such as for work, education, healthcare and caring responsibilities.

“We urgently need national guidance and training to support police in identifying mobility aids and legal e-cycles which should not be seized by police, and we need all police forces to implement simple, rapid ways that people can get their mobility aids and legal e-cycles returned when mistakes happen, as mistakes always will.”

West Midlands Police criticised for seizing e-bike after faulty test
West Midlands Police criticised for seizing e-bike after faulty test (Image Credit: Birmingham Bike Foundry)

Meanwhile, the Bicycle Association, the UK’s cycle industry trade body, said it “fully supports the difficult work of the police as they enforce the e-bike regulations”, but noted that the testing procedures need to be reviewed.

“Enforcement of these well-established rules safeguards both road users and the whole legitimate, road-legal e-bike category,” the BA told road.cc. “Consistent training, robust test procedures and clear guidance are needed to enable the police to be as effective as possible in taking illegal vehicles off the streets, and also to minimise inadvertent incorrect seizures of road legal e-bikes or powered mobility aids.

“The industry is already engaged to help develop these resources. We also support a review of procedures to ensure that any incorrect seizures can be promptly challenged by legitimate users, many of whom rely on their road legal e-bikes or powered mobility aids for transport.”

Finally, Duncan Dollimore, Associate Director at Cycling UK, added: “This year marks the 25th anniversary of Cycling UK’s Cyclists’ Defence Fund supporting cases that matter for people who cycle. We’ve seen real progress in defending people’s freedom to cycle for their journey.

“While cycling and technology have changed significantly in the last quarter century, the need to stand up for people who want to cycle when things go wrong remains the same. Especially in cases where there is real confusion around the law and how to apply it.

“Cases like this underline the need for clearer guidance for police on how legal e-bikes are identified and assessed, as distinct from illegal electric motorbikes. Pair that with better public understanding of the rules of the road, and we can make our streets safer for everyone who walks, cycles, or drives.”