Kicking the day off with a landmark ruling from the other side of the Channel, the Court of Justice of the European Union has declared that e-bikes are bicycles, instead of motorbikes because "it is not propelled exclusively by mechanical power".

The Court, ruling on a case brought forward following the death of a cyclist using an e-bike in Bruges, Belgium after being hit by a motorist, was faced with the question whether an e-bike can be classified as a "motor vehicle".

The ruling said: "The bicycle’s motor merely provided pedal assistance, including through the use of a ‘boost’ function. Moreover, that ‘boost’ function could be activated only after the use of muscular power (by pedalling, by walking with the bicycle or by pushing it)."

The legal classification of the bicycle in question turned out to be crucial in order to determine whether the victim was the driver of a ‘motor vehicle’ or whether there would be eligibilty for automatic compensation as a ‘vulnerable road user’ under Belgian law.

The court concluded that e-bikes "do not appear to be capable of causing bodily or material damage to third parties comparable to the damage that may be caused by motorcycles, cars, trucks or other vehicles propelled exclusively by mechanical power."

Earlier this year, road.cc had found out that Hammersmith and Fulham Council had implemented a ban on e-bikes and e-scooters from part of Thames Path, after the council approved a Public Space Protection Order (PSPO), although those using them as mobility aids, or individuals such as parents or carers transporting children were exempt.

At the consultation stage, 68.2 per cent of 1,233 respondents were in favour of the proposed prohibition of the use of e-scooters and e-bikes, with 27..3 per cent voting 'no', 3.8 per cent 'maybe' and 0.7 per cent 'unsure'.

Addressing the proposed PSPO for 'reckless cycling' H&F had ultimately decided to listen to concerns about "discouraging the use of pedal cycles as a healthy means of transport to and from work"

https://road.cc/content/news/cycling-live-blog-13-october-2023-304465