An electric bicycle does not fall within the scope of compulsory insurance for motor vehicles, as it is not propelled exclusively by mechanical power, ruled the Court of Justice of the European Union in a judgment handed down on Thursday 12 October (Case C-286/22).
In Belgium, in the context of legal proceedings brought after the death of a cyclist riding an electric bicycle, the Belgian Court of Cassation asked the Court to interpret Directive 2009/103 on civil liability in respect of the use of motor vehicles. The aim is to determine the legal classification of the bicycle in question and ultimately to establish whether the victim’s descendants can claim automatic compensation on his behalf by considering the victim to be a weak road user in accordance with Belgian law.
The bicycle’s motor only provided pedalling assistance, including when using the ‘turbo’ function. This function could only be activated once muscle power had been used.
In its judgment, the Court found that the Directive does not indicate whether mechanical power must play an exclusive role in the operation of a vehicle. However, it points out that EU law refers to “motor insurance”, an expression which, in everyday language, refers to insurance against civil liability resulting from the use of vehicles (motorbikes, cars and lorries) propelled exclusively by mechanical power.
The Court also recalls the aim of the Directive, which is to protect the victims of road traffic accidents caused by motor vehicles. This objective does not mean that electric bicycles have to be considered as 'vehicles' within the meaning of the Directive.
In the European Court’s view, machines that are not propelled exclusively by mechanical power, such as an electric bicycle that can accelerate without pedalling to a speed of 20 km/h, do not appear likely to cause personal injury or damage to property to third parties comparable to that caused by vehicles propelled exclusively by mechanical power, which can travel significantly faster.
Please note that from 23 December 2023, the Directive (2021/2118) amending Directive (2009/103) will be applicable (see EUROPE 12746/22). It defines a ‘vehicle’ as “any motor vehicle propelled exclusively by mechanical power” and adds specifications in terms of weight and speed.
See the Court’s judgment: https://aeur.eu/f/91a (Original version in French by Mathieu Bion)