Cycling UK (CUK) has called for proper testing and better awareness of ebike regulations, following the confiscation and destruction of a perfectly legal ebike worth £6,500 ($8,600).
West Midlands Police had initially decided the bike was illegal after using what CUK says is a flawed test, but has since admitted the mistake. It no longer plans to prosecute the rider and has agreed to pay compensation to Birmingham Bike Foundry, from whom the machine was on loan.
Bodyworn footage appears to show the police officer lifting the rear wheel of the bike in question – a Tern HSD S00 cargo bike – spinning the pedals and noting the speed registered on the cycle computer. However, this is a flawed method of detecting an illegal bike, CUK says.
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The rider was supported via CUK’s Cyclists’ Defence Fund, which was set up 25 years ago to help defend the rights of cyclists.
The key to tackling illegal ebikes is officer education, CUK associate director Duncan Dollimore told Cycling Weekly in a statement.
”As the Association of Cycle Traders (ACT) and Wheels for Wellbeing have outlined in their policy asks, the starting point needs to be better understanding of the legal definition of an ebike, or an EAPC (Electrically Assisted Pedal Cycle),” he said. “A legal ebike requires the rider to pedal for the motor to assist, and it must cut out at 15.5mph. If pedalling is not needed, or the motor assists above this limit, you’re likely looking at an e-motorbike.
He continued: “Training needs to help officers identify the key signs of tampering or chipping, derestriction or illegal modification. Officers also need to be familiar with common specifications of legal ebikes, and being able to distinguish them from electrically powered mopeds or motorbikes that are sometimes incorrectly described as ebikes.”
Testing needs to be consistent and evidence-based, he said, adding: “Officers need clear, national procedures for testing, and access to technical expertise when needed.”
In a separate statement, Dollimore said: “If police forces are going to destroy ebikes worth thousands of pounds, they need to be able to carry out a proper test to determine whether they’re legal or not. It is encouraging that West Midlands Police have now engaged and acknowledged that the testing they carried out was flawed and that they will review their approach.
He added: “While there was no suggestion of bad faith, this case demonstrated the importance of better training and greater awareness around e-bike regulations. It’s through the generous donations of our supporters that means the Cyclists’ Defence Fund can support cases like this, so huge thanks to all of those who have done so.”
In a statement obtained by the BBC, 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.”
