A to B magazine article defines the situation re 350 watt e-bikes,basically you take a risk,just make sure you don't run into anyone!
Is the BS10 legal?
In a word no, but like so much in the Alice in Wonderland world of Euro-legislation, it is legal in parts, and can be made 100% legal quite easily. Just to recap, if you ride an electrically- assisted bike rated at more than 250 watts, weighing more than 40kg and capable of more than 25kph, you are liable to be prosecuted for riding an untaxed, unlicensed and uninsured moped. At 22.2kg, the BS10 sails through the weight clause, but is a tad powerful at 350 watts, and very very fast, so on paper at least, the rider is liable to prosecution. In practise, prosecutions of ordinary commuters riding ordinary-looking, but fast electric bicycles seem to be exceedingly rare, although the risk is certainly there.
Interestingly, the BS10, and presumably a few others, have now passed European Type Approval as L1e or ‘Low Powered Electric Mopeds', a category that seems to mean different things in different EU countries, or perhaps not. Type Approval means the bike comes with a certificate of conformity, proving that it has been properly tested, and it has a motor of less than 4kW (well under in this case) and a top speed of 45kph (28mph). Armed with your Type Approval certificate, you can register the bike with the DVLA, pick up your free tax disc (excellent), pay for basic insurance and plop on a helmet (both good ideas anyway). The bad news is that you have to fix a full-size number plate to the back of the bike (it already has a bracket), which is a real pain and makes you look like a first class plonker. Mind you, you may look like a plonker, but you'll be a squeaky clean, legal plonker, although presumably putting a licence plate on a bicycle will attract the attention of bored traffic police, so you're liable to get stopped once in a while.We almost forgot to add that youngish people who passed their car driving test after 1st February 2001 will also need a motorcycle licence or CBT certificate to ride the bike. Oldies don't need to worry.
Importer 50cycles takes care to point out that this legislative route is a necessary evil, and unlicensed BS10s can only be used on private land. There are now several hundred of these bikes at large in the UK, and the vast majority seem to be unregistered. Perhaps one or two really are used for beetling about on country estates, but we can assume most are being ridden to work like any other bicycle.
Where's it all going? Heaven only knows. The DfT has just ruled that it's minded to make Euro-friendly 250-watt electric bikes legal - that's after about a decade of deliberation. Yes, the DfT still thinks the 1983-vintage 200-watt limit applies. They should get out more. No doubt there are some at Marsham Street who still believe motorcars are proceeded by a man with a red flag. If it's taken the DfT a decade to get to grips with this very simple bit of law-tidying, it's never going to deal with the much tougher prospect of legislating for 28mph machines. And in the absence of clear guidance, more and more people are simply going to start riding these bikes illegally.