Thanks to Peter at the BAGB for clearing this up.
You may have seen a BikeBiz story published today:
https://www.bikebiz.com/news/bikes-need-3rd-part-insurance-in-eu
with the headline "E-bikes declared illegal to use on European roads
without insurance"
I can reassure members that it remains legal to use e-bikes in the UK
without motor vehicle insurance. The article is based on a proposal
which has been made by the European Commission for reform of the
Motor Insurance Directive.
This proposal has no legal effect...yet.
We and our EU colleagues at CONEBI, and allies including the ECF,
have been fighting this, and continue to do so. We have successfully
lobbied the UK Government, who formally opposed the inclusion of
e-bikes into the scope of the draft proposal.
So it is disappointing that e-bikes have still been included in the
scope of the final formal proposal. But there is scope for this to
change before the text is made definitive and then implemented into
UK law.
The Council of the European Union (i.e.. nation states) and the
European Parliament must both approve it, and there will be intensive
lobbying at both to persuade them to make the Commission think again
on this aspect.
Other slighly positive notes:
- The concerns of e-bike producers are noted in the proposal's impact
assessment, and the "Regulatory Scrutiny Board" report on the
proposal also states that the proposal is not sufficiently
future-proofed when it comes to e-bikes.
- Nation states will still be able to exempt classes of vehicle such
as e-bikes if they wish ('derogation') but then the cost of
compensating accident victims would fall on the national insurance
fund, which in the UK is the Motor Insurers' Bureau, funded
essentially by a levy on car insurance policies. But this is not a
satisfactory solution for many reasons.
- Because this is a 'Directive', it requires EU nation states to
implement it into national law - it has no direct legal effect. So
there would have to be UK legislation to implement any changes. This
may take some time... and there may be some scope to influence how
the UK implements it.
The full text of the proposal, impact assessments etc are here:
https://ec.europa.eu/info/law/better-regulation/initiatives/com-2018-3
36_en#initiative-details
and also on that link you will see that the European Commission is
requesting feedback on this proposal. We will certainly be providing
some as the Bicycle Association, but please do add your voices as EU
businesses - it does not have to be anything extensive, but please do
firmly note your opposition to the inclusion of e-bikes in this
proposal, and concerns you may have about its impact. The deadline
for submitting feedback is 19 July 2018.