Electric bikes have been much in the news recently, with stories of crackdowns, flammable batteries, and even the deployment of ‘Ghostbusters style’ backpacks by the police to prevent criminals from making a speedy, electrically-assisted getaway.
Amongst such negative reports, it is easy to forget that electric bikes are something of an unsung low carbon transport success story, with 155,000 sold in the UK during 2022, and academic research finding that they:
…support people with physical constraints to continue cycling; they enable people to cover longer distances, carry cargo and children, overcome hills and cope more easily with bad weather.
Research conducted by Auto Trader found that 47% of car owners thought that electric bikes could replace car travel for shorter journeys, meaning they could play a significant role in meeting the Scottish Government’s aim of reducing the distance travelled by car by 20% between 2019 and 2030.
There is also emerging evidence, such as that found in an academic study of bike ownership in Australia, that electric bike ownership and use is less sensitive to household income than pedal bike ownership – which tends to be concentrated in higher income households. The researchers suggest this could mean electric bikes are being used as a main mode of transport by lower income owners – people who often have fewer transport choices.
The rules governing the design and use of electric bikes, which are reserved to the UK Parliament and currently based on a Europe-wide system, are surprisingly complex, with many vehicles described in media articles as ‘electric bikes’ being something else entirely. This post aims to clarify what is, and is not, an electric bike, identify who is responsible for enforcing compliance with these rules, and outline potential future changes to the law governing electric bikes.
Electric bikes and the law
Electric bikes, technically known as Electrically Assisted Pedal Cycles (EAPCs), are regulated under the Electrically Assisted Pedal Cycles Regulations 1983, as amended. These require electric bikes and their riders to meet the following requirements:
- Electric assistance can only be provided to a maximum of 25 km/h (15.5 mph). This means the electric assistance cuts out when the bike reaches 15.5mph, a speed that many cyclists can reach on a pedal bike.
- The motor used must have a maximum continuous rated power output of 250 watts. ‘Continuous rated power output’ is not the maximum power output of a motor, but the maximum power it is designed to operate at for a continuous period of at least 30-minutes. For comparison, electric cars typically have motors with a maximum continuous rated power output of 50,000 watts or more.
- The electric bike’s pedals must be in motion for electric assistance to be provided, although a throttle can be used to provide electric assistance up to 3.73mph. Any electric bike that allows throttle assistance to be provided above this speed must be approved by the Vehicle Certification Agency before it can be used. In practice, almost no electric bikes in use in Britain have such approval or are fitted with throttles.
- The rider must be 14 years of age or over.
Electric bikes must also meet additional requirements set out in the Pedal Cycles (Construction and Use) Regulations 1983, which deal with roadworthiness and design matters. These include the following electric bike specific requirements:
- The pedals must be capable of propelling the bike.
- The battery must not leak so as to be a source of danger.
- The power switch or control must default to off, requiring a constant intervention from the rider to maintain power assistance.
- The motor power output and the road speed at which it cuts out must not exceed the limits set out in the EAPC Regulations.
What about all those ‘electric bikes’ that are not EAPCs?
Anything that looks like an electric bike that does not meet the EAPC requirements set out above is likely to fall into one of the following categories of vehicle. The categories listed in brackets refer to a European Union vehicle classification system, based on classifications developed by the United Nations Economic Commission for Europe.
- Powered cycle (Category L1e-A): Also known as a ‘pedelec’, these work in the same way as an electric bike, but with a continuous power rating of up to 1,000 watts. Electric assistance cuts out at 15.5mph.
- Electric Moped (Category L1e-B): A two-wheeler with a continuous power rating of up to 4,000 watts and a maximum speed of 28mph. This category also includes ‘speed pedelecs,’ powered cycles that provide electric assistance at speeds greater than 15.5mph.
- Low-performance electric motorcycle (Category L3e-A1): A motorcycle with a continuous power rating up to 11,000 watts and a power-weight ratio of not more than 100 watts per kilogram.
- Medium-performance electric motorcycle (Category L3e-A2): A motorcycle with a continuous power rating up to 35,000 watts and a power-weight ratio of not more than 200 watts per kilogram.
- High-performance motorcycle Category L3e-A3): A motorcycle not limited by engine output or any power-weight restriction.
None of these vehicles can be used on dedicated cycle infrastructure, including on-street segregated cycle lanes and off-road cycle paths. Anyone riding one of these vehicles must hold an appropriate driving licence, insurance, and wear a motorcycle helmet. All these vehicles are subject to vehicle excise duty (often incorrectly referred to as ‘road tax’) and MoT testing. These vehicles must also be registered with the Driver and Vehicle Licensing Agency (DVLA) and carry a number plate.
There are also a wide range of conversion kits available for sale, which allow anyone to add electric assistance to a standard pedal bike. Many of these kits allow people to convert their bike to an electric bike that meets EAPC requirements. However, the power output of some of these kits exceeds 250 watts maximum continuous output, and/or allows the rider to control full electric assistance by means of a throttle. Use of such a kit could result in any converted bike falling into one of the vehicle categories above. However, most pedal bikes are unlikely to have been designed and built to cope with the stresses that can be imposed by a high-power electric motor or to meet the roadworthiness requirements of mopeds or motorcycles.
Finally, it is possible to ‘hack’ an EAPC compliant electric bike to remove the 15.5mph cut-off for electric assistance or the need to pedal to activate the electric motor. Again, this could result in the vehicle entering one of the categories described above, although similar concerns arise about roadworthiness and rider compliance with the licensing, insurance, and registration requirements.
Who enforces these laws?
Two organisations are involved in enforcing the legal requirements on pedelec, moped, and motorbike use.
- The police are responsible for enforcing requirements relating to roadworthiness, driver licensing, vehicle licensing, helmet wearing, and insurance.
- The Driver and Vehicle Licensing Agency is responsible for enforcement of vehicle excise duty. Electric vehicles are currently exempt from vehicle excise duty, although such vehicles must still be taxed despite no payment being due.
Proposed changes to the law
The UK Department for Transport ran a consultation on proposed changes to legislation for electrically assisted pedal cycles between 29 February 2024 and 25 April 2024. This proposed two changes to the EAPC regulations:
- increase the maximum continuous rated power of the electric motor from 250 watts to 500 watts.
- allow the use of ‘twist and go’ throttle assistance up to 15.5mph (25km/h), removing the need for the pedals to be pushed to gain electric assistance.
The rationale for these proposals was to provide greater assistance to riders in hilly areas, those transporting children or heavier cargo loads, and older or disabled people who may benefit from greater levels of assistance. It will be for the new UK Government to decide whether to take these proposals forward.
Conclusion
Britain has a well-established system in place for the regulation of EAPCs and other electrically powered two-wheelers. Many concerns about ‘electric bikes’ do not relate to EAPCs, but to the use of unroadworthy, unregistered vehicles by unlicensed riders who are failing to comply with existing road traffic law. The issue of cycling on the pavement is considered in a separate SPICe Spotlight post.
Alan Rehfisch, Senior Researcher, SPICe