MATE Bike pulled up by DVSA over high-powered eBikes, must recall

The Driver and Vehicle Standards Agency (DVSA) has brought a prosecution against Hi-Fi Confidential Ltd T/A MATE Bike UK for the supply of electric bikes sold outside of the regulations for power.

The company saw its electric bikes put on test by the DVSA with a view to determining whether the bikes were being supplied with motors capable of more than 250 watts and speeds assisted above 15.5mph.

On its testing rigs, the DVSA were able to positively confirm that the electric bikes were indeed fitted with motors immediately capable of 750 watts, three times over the legal limit and capable of speeds of 32mph. In this territory the vehicle is no longer able to be sold as an electric bike (which falls into the same classification as a bicycle, legally speaking). It is instead more aligned to moped categorisation and must be type approved. Therefore a requirement for a licence, appropriate helmet, insurance, VED and a number plate exists.

Here comes the crunch – in its defence MATE Bike claimed that its bikes were intended for off-road private land use and designed to ride on unpaved surfaces, which it argued exempts the bikes from type approval.

The DVSA took issue, presenting the case that the high-powered units had an identical design to the road-legal electrically assisted pedal cycles the label sells. Furthermore, advertising has “clearly” pushed the bikes for use on roads and in the public domain.

This is only the second case of its kind in the UK and the first to prove the company were advertising high powered electric bikes for use on the road, despite using disclaimers that the bikes were only legal for off-road use. The first case can be read about here.

The judge in the case stated: “You were the importer and distributor of power assisted pedal bicycles and you failed to ensure they had type approval. Two test purchases were made by the DVSA; they did not conform with the Regs for on-road bikes. The bikes could be used on private land but that was not made clear at the point of order and delivery; the risk to road users is now created. I give you credit for your guilty plea.

“I have seen an email from the Co 15/07/21 which suggests they were well aware of the Regs and they cite the exemption in sub-para (g) at 2.2. I do not consider their failure was by accident; whilst there are no aggravating features it could be said to have been committed for financial gain. I take into account the steps I have heard of to remedy the problem.”

DVSA’s Market Surveillance Investigator leading the investigation, Sadie Clarke, said: “This is another great result in our work to keep Britain’s roads safe by taking illegal high-powered electric bikes off the roads.

“Type approval standards exist so that vehicles, components, and parts meet the necessary safety and environmental standards before they are sold in the UK.

“DVSA will continue to make sure the growing electric bicycle market is safe for everyone by ensuring they have had their design and construction properly approved.”

Ultimately MATE Bike UK pleaded guilty at Highbury Magistrates Court on August 31st. The firm received a criminal conviction and was ordered to pay costs and fines of £3,864, total.

The company are also required to recall all products they have previously sold that were not within the legal limit.