Source: BikeBiz

UK industry bodies the Bicycle Association (BA) and the Motorcycle Industry Association (MCIA) have together published a national guide to support police forces in urgently tackling the rapidly growing use of illegal, non-compliant, high-powered vehicles marketed as e-bikes.

BA and MCIA highlight that such vehicles are capable of moped and motorcycle-level performance, and are increasingly being used on public roads with no registration, licensing, insurance or safety checks. This rising trend is creating a parallel unregulated mobility market, presenting significant implications for public safety, policing, and for legitimate mobility businesses.

Steve Garidis, Executive Director of BA, said, “Reputable suppliers of road legal e-bikes go to considerable effort and expense to ensure that their e-bikes are compliant with UK legislation, and tested thoroughly to international standards. So it’s dismaying to see the strong safety record and public reputation of road legal e-bikes undermined by these illegal and unsafe vehicles.

“Government action is essential to address both the supply of and demand for these vehicles, primarily through reform of the responsibilities of online marketplaces and gig economy delivery platforms. Meanwhile, if we can provide any additional technical advice or support to police and other enforcement agencies, we stand ready to do so.”

Practical guidance

In the absence of a national and enforceable framework, BA and MCIA have produced the practical guidance to help enable police officers consistently identify illegal, non-compliant, high-powered devices. It also gives guidance on assessing electrically assisted pedal cycles (EAPCs), with a focus on borderline cases where there is uncertainty due to modifications, design or real-world use. Guidance includes:

• How to identify whether the vehicle meets the legal definition of an EAPC
• Whether the vehicle requires type approval (including Motorcycle Single Vehicle Approval (MSVA) or Whole Vehicle Type Approval (WVTA)
• How to identify whether the vehicle is being used within EAPC limits

Impact of illegal, non-compliant devices

• Registrations of new L1 mopeds have fallen by more than 40% since 2022, coinciding with the rapid rise of illegal devices which are outside of regulatory frameworks
• Police forces consistently report that illegal devices are a growing and complex enforcement challenge, with the absence of clear national guidance a significant and critical obstacle
• Police forces have indicated that when illegal devices are targeted, operations have uncovered wider criminal activity including illegal working, exploitation, weapons and drug offences

Calls to action

BA and MCIA state that guidance is necessary, but not sufficient. They call on the Home Office and Department for Transport (DfT) to:

• Publish clear national guidance as part of coordinated national action, and an enforceable cross-government framework for identifying, seizing and prosecuting non-compliant e-bikes this year.
• Strengthen oversight of the supply chain and delivery platforms, including mandatory compliance checks for fleet operators and penalties for platforms that rely on riders using illegal vehicles. This could include a review of the legal framework governing the use of self-employed riders.
• Commit to a ministerial meeting with industry, police representatives and delivery sector regulators by the end of this summer to agree on immediate next steps.
• Stronger enforcement against online marketplaces and high street retailers selling non-compliant vehicles and modification kits, including measures to prevent reliance on weak disclaimers to bypass responsibility.

Tony Campbell, Chief Executive of the MCIA, said: “What we are seeing is the rapid emergence of an unregulated market in illegal, non-compliant and high-powered e-bikes. This creates real public safety risks, undermines legitimate manufacturers and retailers who invest in compliance, and places growing pressure on police forces.

“Officers have told us they need clearer, consistent guidance on identifying and dealing with these vehicles. The guide we have developed with the Bicycle Association is a useful step, but not a complete solution. National clarity, consistent policy and coordinated action across government – including stronger oversight of the supply chain and delivery sector – are urgently required. Police cannot solve this alone.”