West Midland Police successfully challenged after seizing and destroying 'fully legal' e-bike as trust mark launched
Posted on in Business News , Cycles News
West Midlands Police has dropped charges and reimbursed the owner of a £6,500 e-bike after admitting a test used to seize and destroy the legally compliant machine was inaccurate, following a challenge from Cycling UK and the Cyclists’ Defence Fund.
The force has also said it will explore alternative testing methods after the Tern HSD S00, on loan from ACT member Birmingham Bike Foundry, was seized in April when officers wrongly concluded it was an illegal electric motorbike.
The development comes as the cycling industry launches the E-Bike Positive trust mark, designed to improve consumer understanding of legal e-bikes and help distinguish them from illegal electric motorbikes.
The cyclist was stopped in Birmingham on 24 April on suspicion of riding an e-motorbike without insurance, with officers lifting the bike’s rear wheel, turning the pedals and recording a speed of 47kph on its display.
Cycling UK and the Cyclists’ Defence Fund said the test was fundamentally flawed because a rear-wheel speed sensor can show speeds above the 15.5mph legal assistance limit when a wheel is spun freely, regardless of whether the motor is providing assistance.
The rider was issued with a fixed penalty notice carrying a £300 fine and six points on his driving licence, while the £6,500 bike was seized and later destroyed before police acknowledged the testing method was inaccurate.
West Midlands Police has now dropped the charges and reimbursed Birmingham Bike Foundry, while saying it will consider alternative testing methods in future cases.
Speaking to the BBC, Allama Munir, from Birmingham Bike Foundry, said: "I'd say that I feel relieved that there won't be further unnecessary escalation, and I'm glad that West Midlands Police have dropped charges against the rider, accepted that they made an error, and acknowledged that their tests are flawed.
Munir also said that it was "frustrating" the incident even occurred in the first place, as it had cost a lot of staff time and "caused a great deal of stress to the rider".
"I hope that West Midlands Police make good on their commitment to work with recognised organisations and trade bodies such as the Bicycle Association, the Association of Cycle Traders, and Cycling UK, and I hope that this serves as a learning experience and hopefully will not reoccur," he added.
The case has raised wider concerns over police training and the difficulty of distinguishing legal Electrically Assisted Pedal Cycles (EAPCs) from illegal e-motorbikes.
A legal e-bike must provide assistance only while the rider is pedalling, use a motor with a maximum continuous rated power of 250 watts and cut out electrical assistance at 15.5mph, with compliant bikes not requiring registration, road tax or insurance.
Cycling UK said the incident showed why clearer guidance and better training were needed for police, retailers and consumers. The E-Bike Positive trust mark has been designed to address this confusion by bringing together verified brands and approved retailers under a single, recognisable safety trust mark.
Meanwhile, programmes and courses, such as the one launched by Cytech training provider and ACT member Activate Cycle Academy to help forces better identify illegal bikes and safely manage the risks linked to modern electric cycles, are also proving to be necessary part of ensuring police are aware of differences in legal e-bikes and illegal e-motorbikes.
The charity has previously called for clearer public information and more consistent training, while the All-Party Parliamentary Group for Cycling and Walking has warned that illegal ‘fake’ e-bikes are damaging the reputation of legal electric cycling.
The case also follows other challenges supported by Cycling UK and the CDF, including a successful judicial review over the removal of a cycle lane in Shoreham and the dropping of a prosecution against Bristol cyclist Tom Bosanquet.
Duncan Dollimore, Associate Director at Cycling UK, said: “This year marks the 25th anniversary of Cycling UK’s Cyclists’ Defence Fund supporting cases that matter for people who cycle. We’ve seen real progress in defending people’s freedom to cycle for their journey.
“While cycling and technology have changed significantly in the last quarter century, the need to stand up for people who want to cycle when things go wrong remains the same, especially in cases where there is real confusion around the law and how to apply it.
“Cases like this underline the need for clearer guidance for police on how legal e-bikes are identified and assessed, as distinct from illegal electric motorbikes, and better public understanding of the rules of the road so we can make our streets safer for everyone who walks, cycles or drives.”
The CDF, which is marking its 25th anniversary this year, relies entirely on donations and Cycling UK is currently running an appeal to help it support future cases involving people who cycle.
To support the appeal, visit www.cyclinguk.org/cdf-appeal.
Only approved E-bike Positive retailers can display the Trust Mark. If you haven’t signed up yet, join the growing network of retailers and brands committed to best practice, trusted products and safer e-bike retailing across the UK. View the retailer commitment and sign up by clicking here.