It’s official: E-bikes are actually bikes, not ‘motor vehicles,’ according to new EU rules

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It’s official: E-bikes are actually bikes, not ‘motor vehicles,’ according to new EU rules

The EU Court of Justice yesterday ruled that e-bikes are actually bikes, not motorbikes, which means e-cyclists aren’t obligated to be insured in the same way as motorists.

electrek.co

 

[Chargeride]

That was the actual original legal status, always has been.
Be wary they aren't setting us up for pushbike insurance.

Another tip is if you are riding a legal bike with a few pints down you, and are stopped by the police..DO NOT take a breathalyser, they are for motor vehicles only.
There is no legal consequence from refusing, they cannot use this refusal as cause for arrest.

 

[Stefan Mikes]

I concur with Chargeride regarding the definition. (The bike law of UK is based on the EU laws).

For instance, the definition in the Road Code of Poland is (translated):
Bicycle is a vehicle not wider than 0.9 m propelled by muscle power of the person riding this vehicle; a bicycle may be equipped with a pedal-activated auxiliary electric drive powered with electric current of the voltage not exceeding 48 V of nominal continuous power not exceeding 250 W, output power of which is gradually decreased to reach zero after exceeding the speed of 25 km/h.

The definition as above is universal throughout the UE and the associated countries (like Norway). Anything faster or stronger than a bicycle is a moped, for instance the L1e-B class, which is a moped up to 45 km/h and up to 4 kW.

The regulations related to alcohol and riding are different, depending on the country. Since 2023 in Poland, a person riding a bicycle under influence may be fined from 200 (US$50) to 5000 (US$1,200) PLN or get a prison sentence of up to 2 years. However, riding a bike under influence is a misdemeanor (not a crime unlike driving under influence), and the rider cannot lose the driving license for drunk bike riding.

 

[m@Robertson]

... and the rider cannot lose the driving license for drunk bike riding.

Out here its the same penalty and consequences as if you are driving a motor vehicle. Its drilled into us in this state at least, that we have the same rights - and responsibilities - as a motor vehicle. But what @Chargeride is citing is an interesting loophole. We're compelled to take a breathalyzer or other physical alcohol test as part of the driving privilege. But if the compulsion to accept the test is only applicable to an actual motor vehicle, then that would be a loophole alright.

EDIT:
Interesting... every state in the US governs themselves when it comes to driver behavior, so in CA we're in the middle on this one. I'm actually surprised the penalties are so much less. Looks like they can compel you to do a post-ride chemical test. In CA we can always refuse a breathalyzer or a field sobriety test, but the consequence of doing so is a trip to the hospital in the back of a squad car for an enforced chemical test, and IIRC a mandatory license suspension, or possibly even a revocation. So they are going to get you for the drinking one way or another and the refusal will make the penalty worse. The only possible benefit I have heard of for refusing the test is letting some time pass from roadside to hospital so alcohol can pass out of the bloodstream and reduce the level they read on you. At DUI checkpoints they usually have an ambulance and paramedics on site to administer these so nobody has to take a trip to the local county hospital.

Can I Get a DUI in California for Riding a Bicycle Drunk?

Rather than drive back and forth from an event that involves alcohol consumption, many people elect to ride their bicycles, especially if they live close to the event. However, can a person be charged with a DUI for riding a bike drunk? Unfortunately, cycling under the...

www.bakersfieldcriminaldefense.com

 

[JRA]

That was the actual original legal status, always has been.
Be wary they aren't setting us up for pushbike insurance.

Another tip is if you are riding a legal bike with a few pints down you, and are stopped by the police..DO NOT take a breathalyser, they are for motor vehicles only.
There is no legal consequence from refusing, they cannot use this refusal as cause for arrest.

Years ago one of my workers rode his bike to the bar because he planned to get a bit tipsy as was his wont to do. On the way home he got a BUI, Biking nder the Influence, and I can't remember if he had to do a breathalyser but it really messed with us going across the border into Canada to do a job months later. I didn't think we were going to get in but finally the Canucks saw that it was a BUI not a DUI and let us pass.

 

[Stefan Mikes]

I think Matt the reason for the rider not losing their driving license for CUI is you do not need a driving license to ride a bicycle. Anyway, the Polish law is harsh related to driving and drinking, and unfortunately we constantly hear of very serious road accidents related to drunk or otherwise yahoo drivers. Like a drunk celeb who killed himself and three other friends in a car accident, or a man who smashed a family in a car at 253 km/h to make them burn, and then escaped to the Emirates (he was arrested there and is awaiting extradition).

Compared to the above, catching a mayor of one of Warsaw's quarters CUI was rather funny.

 

[Losna]

Here in Denmark, then fine for drunk bike riding is what equals to USD 200.

Regarding reckless driving.
If you drive with more than 0.2 BAC, or in excess of the double of what is permitted when driving >100 km/h, your car is confiscated.
A Norwegian tourist in his brand new Ferrari learned it the hard way, when speeding recklessly in a city.
He returned from holiday without the brand new Ferrari.

However no one was injured.

 

[Chargeride]

Yes, i was referring to UK laws, I should have specified that, in my defence I was typing while riding and holding a triple vodka.

To clarify, Im not remotely lax about drink riding or driving, a drunk cyclist can cause fatal accidents, I do sometimes ride my not very legal bike to our local, but we have a completely offroad path from the end of the road to the beer garden of the pub across farmers fields, and we live at the end of the road.
They would throw the book at me if I was stopped on it riding on the road drunk .

No mot, insurance or type approval and under the influence.
ouch.

But also I might get away with it if the police are not clued up or interested, but still..dont.

 

[Stefan Mikes]

Here in Denmark, then fine for drunk bike riding is what equals to USD 200.

Regarding reckless driving.
If you drive with more than 0.2 BAC, or in excess of the double of what is permitted when driving >100 km/h, your car is confiscated.
A Norwegian tourist in his brand new Ferrari learned it the hard way, when speeding recklessly in a city.
He returned from holiday without the brand new Ferrari.

However no one was injured.

I hear Denmark is the only EU country where you can ride a 45 km/h S-Pedelec on a bike path?

 

[Losna]

I hear Denmark is the only EU country where you can ride a 45 km/h S-Pedelec on a bike path?

Yes that is true for Denmark.

 

[Sparky731]

I hope I never get stopped. I doubt I would always be able to pass a sobriety test.
Just sayin’

 

[Stefan Mikes]

I hope I never get stopped. I doubt I would always be able to pass a sobriety test.
Just sayin’

Man, and you only ride in Turbo mode. Perhaps it is the time to start thinking?

 

[Sparky731]

Man, and you only ride in Turbo mode. Perhaps it is the time to start thinking?

As long as they only test for alcohol sobriety I should be OK.

 

[Stefan Mikes]

As long as they only test for alcohol sobriety I should be OK.

I hope you realize it is not the matter whether you would or would not be stopped...

 

[Kayakguy]

I think Matt the reason for the rider not losing their driving license for CUI is you do not need a driving license to ride a bicycle. Anyway, the Polish law is harsh related to driving and drinking, and unfortunately we constantly hear of very serious road accidents related to drunk or otherwise yahoo drivers. Like a drunk celeb who killed himself and three other friends in a car accident, or a man who smashed a family in a car at 253 km/h to make them burn, and then escaped to the Emirates (he was arrested there and is awaiting extradition).

Compared to the above, catching a mayor of one of Warsaw's quarters CUI was rather funny.

I can remember when being drunk while driving (or committing some other offense) was a mitigating circumstance ("Judge, you have to let my client go, he was drunk at the time"). Of course back then we kids could ride in a car while standing up on the front seat, there were no seat belts, and many people thought the belts were an imposition when they started to be mandated. You could also cram as many people into a car or the back of a pickup as was physically possible and drive around that way.

 

[Jeremy McCreary]

Yes, i was referring to UK laws, I should have specified that, in my defence I was typing while riding and holding a triple vodka

Not bad for typing with your nose.

 

[Stefan Mikes]

Not bad for typing with your nose.

Them Brits!
Ahahahaha!

 

[BEC111]

Here in Northern Virginia, brewery rides to the several breweries on the Washington and Old Dominion Rail Trail are very popular. Fortunately, the trail is only bikes, pedestrians with or without dogs, horses and a few folks on scooters and such. Drunkenness still not recommended.

 

[Stefan Mikes]

Here in Northern Virginia, brewery rides to the several breweries on the Washington and Old Dominion Rail Trail are very popular. Fortunately, the trail is only bikes, pedestrians with or without dogs, horses and a few folks on scooters and such. Drunkenness still not recommended.

The nearest craft beer brewery here is only 10 km away. They keep the pub open in the warm season. Unfortunately, I could never visit that pub as "zero tolerance" is a fact here. Yes, I occasionally make a ride to that brewery for some bottled ales and stouts. Once, I crashed on ice with a pannier full of ale bottles. Fortunately, I crashed onto the other side

 

[Kayakguy]

When I crashed a few years ago (T-boned a car, not vice versa), it knocked me out. Came to as I was being loaded onto the gurney, and saw the fire truck driving off with my bike, which they delivered to my house. The beer came through intact, not even shaken enough to foam up (I had been on my way home from the grocery store).