#ECJ: An #electric #bicycle isn’t covered by the obligation to insure motor vehicles because it is not propelled exclusively by mechanical power

#ECJ: An electric #bicycle isn’t covered by the obligation to insure motor vehicles because it is not propelled exclusively by mechanical power

A cyclist riding an electric bicycle on a public road near Bruges (Belgium) was the victim of a serious accident: he was
struck by a car and was seriously injured. He died several months later. In the course of the subsequent court
proceedings concerning a potential right to compensation, a dispute arose with respect to the legal classification of
the electric bicycle: should it be regarded as a ‘vehicle’?

In this case, the bicycle’s motor merely provided pedal
assistance, including through the use of a ‘boost’ function. Moreover, that ‘boost’ function could be activated only
after the use of muscular power (by pedalling, by walking with the bicycle or by pushing it). The legal classification of
the bicycle in question is crucial in order to determine whether the victim was the driver of a ‘motor vehicle’ or
whether he was entitled to automatic compensation as a ‘vulnerable road user’ under Belgian law.