Is it really a bicycle?

He's coming down the road. Fast. Towards you. He may be on two wheels, but he is as intimidating as any car, van or truck. It is hard to judge exactly his distance from you, or speed. You would be unwise to risk crossing the road when he is in your sights.

He believes that he is riding a bicycle - how quaint it seems to use that word rather than its colloquial contraction of 'bike'. Though the vehicle has a (potentially very powerful) electric motor, to have it suggested that he is riding a motorbike would be wrong, but how about 'moped'? The term would strike fear for his Deliveroo or similar employers, or indeed for any business invested in this type of vehicle, or indeed for any regular user who sees the vehicle as a 21st century libertarian means of transport enhancing the scope for  two-wheel travel and sticking up a big two fingers at accursed car users.

Before going further. let us consider what is a moped. The term appears to come from the Swedish 'motorped', translated into English as 'motorpedal'.

A working definition is a two (though could technically be three or four) wheel vehicle that has an engine size not exceeding 50cc (or equivalent battery generated power) and a maximum speed of 31mph. There will not be a fixed base for the feet, but, of course, pedals. The pedals might be of some active use in propelling the vehicle and saving reliance on the engine, or perhaps for enhancing acceleration away from a stationary position, but otherwise they are somewhere to put the rider's feet. 

Mopeds in the UK are regulated. The rider must have a provisional motorcycle licence and must have undertaken Compulsory Basic Training. CBT is a one-day safety course, conducted by Approved Motorcycle Instructors, covering off-road (see below) and on-road riding, together with an eyesight test. There appears to be no other test to pass at the end of the course.

Now let us move on to the e-bike, or to give a fuller name: 'electrically assisted pedal cycle'  - EAPC. The key features of this contraption are:

- Maximum 250W motor

- Motor only functions when the rider is actively pedalling 

- Motor assistance cuts off at 15.5 mph (the rider could pedal faster but why the hell would they try to do so on a heavier than ordinary bike?)

- The motor cannot propel the bike solely by throttle.

So far so good, but how does this stand against the image I put up at the beginning of this piece? The key thing is that the statutorily compliant e-bike is regulated for riding on the road. The e-bike could be modified to go much faster and via throttle use, but that would be naughty unlawful.

But maybe there is another path that is lawful and delivers speed plus zero need for pedal effort? Enter the e-MTB - electric mountain bike. For on-road riding, if the bike has a motor over 250W or works without pedalling above 3.7mph it becomes a moped and must be registered with DVLA, taxed, insured, and requires a helmet and driving licence. 

So where can you legitimately ride an e-MTB? Answer seems to be: on designated off-road trails; bridleways; or byways; or at specialised bike parks or trail centres that permit them. Obvious from the name.

Picture the scene, then, as our intrepid 'cyclist' rocks up at his local EAPC/e-MTB dealer (I have not researched whether online is available but I guess so). He is interested in buying an e-MTB. The dealer checks that he wants this and not an EAPC. The buyer assures the dealer that he wants an e-MTB. On questioning (he is well-prepared), he explains his wish for the joy of off-road riding. The dealer (and I cast no aspersion on these people) perhaps requires the buyer to make a declaration of his intended use. The transaction is then concluded.

And now come back to my initial image. It took my delving into definitions to work out the misfit between the law and what I commonly see on roads in North London. The image is of uncomfortable speed; a rider with no helmet; a 'bike' with smaller, chunky wheels; and a rider who, when you see him, will be using the pedals to rest his feet, perhaps with the occasional bit of perfunctory, performative pedalling.

Any chance of the rozzers pulling him up? In your dreams, I think, in view of so many other commitments of greater priority. As the old adage goes, a law is only as good as the extent to which it is enforced.

It will not be practicable to engage our man in conversation when he pops by to deliver your takeaway. But if you do come across him on a high street with his posse of mates, relaxing before the next job, ask him how he is enjoying the mountains. He might be a little confused.

 

The author is a writer, speaker, historian, occasional tour guide, and former Managing Partner of a City law firm.