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E-bike ruling ‘highlights need for clarity’

Lawyers at RDJ say that a recent Dublin District Court decision has sparked considerable discussion about the liability of e-bike users involved in collisions.

The case, which was reported in the Irish Times last month, arose from a private prosecution initiated by the plaintiff, who suffered a broken leg after being struck by an e-bike while jogging near Howth in Co Dublin.

During the proceedings, the defendant e-bike rider pleaded guilty to careless driving under the Road Traffic Act 1961 and was fined €250.

Speeds up to 25 km/h

The RDJ lawyers note that a pivotal issue in the case was whether the e-bike, equipped with a 750W motor and capable of speeds between 20 and 25 km/h, should be classified as a mechanically propelled vehicle (MPV).

The court accepted that it did meet the MPV criteria, thereby requiring the rider to have insurance, a condition typically applied to motorised vehicles rather than ordinary bicycles.

In a note on the firm’s website, RDJ says that the decision to treat the e-bike as an MPV marks a departure from the conventional treatment of bicycles.

“With the court's acceptance of the 750W motor in the defendant’s e-bike placing it within this category, e-bike users are now potentially faced with the legal obligation to secure motor insurance,” the firm’s lawyers state.

Risk profile

They add that the new classification also prompts insurers to reassess the risk profile associated with e-bike usage.

“Unlike traditional bicycle insurance, which generally covers theft or minor accidental damage, insurance for an MPV must address the broader liabilities linked to motor-vehicle incidents,” the lawyers write, adding that underwriters may need to develop new products that better reflect the higher-powered elements of e-bikes and their associated risks.

While the newspaper report described the judgment as "landmark”, RDJ points out that the court’s authority is confined to the facts of the case, since District Court rulings do not set binding precedent for higher courts.

“Nevertheless, the ruling highlights a pressing need for clarity in Irish law regarding modern transport innovations like e-bikes,” the firm’s lawyers add.

They say that legislators may consider revising the Road Traffic Act to clearly specify which classes of e-bikes require insurance and which might be exempt.

“Such clarity would help ensure that lower-risk users are not penalised unnecessarily, while maintaining public safety,” they conclude.