Can insurance be mandatory for electric bicycles?

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The Ministry of Economy and Digital Transformation and the Ministry of Justice have launched a public consultation to propose compulsory insurance for this type of vehicle

In Spain you are only obliged to insure your electric bicycle if it can exceed a maximum speed of 25 km/h or a peak power of 250 W. Then the driver is obliged to take out civil liability insurance, because from a legal point of view he resembles a moped. And this step also requires you to register the vehicle.

However, now the Ministry of Economic Affairs and Digital Transformation and the Ministry of Justice have launched a public consultation to:
offer compulsory insurance for these electric bicycles, something from the Association of Brands and Bicycles of Spain (AMBE) that “would place the country in an exceptional situation compared to the rest of Europe, a measure which, as indicated by the European standard, would be
disproportionate, unjustified and would discourage innovation They also underline it as “contrary to the spirit of the European standard, legally unnecessary and counterproductive”.

And it is precisely the European legislation protecting this proposal that states: «Its inclusion in the scope of Directive 2009/103/EC would be disproportionate and would not last. Their inclusion would also undermine the adoption of more modern vehicles, such as electric bicycles, that are not powered solely by mechanical power and discourage innovation. In addition, there is insufficient evidence that these smaller vehicles can cause injury-related accidents on the same scale as other vehicles, such as cars or trucks.”

In fact, the Spanish Bicycle Bureau (CBG) has already put forward arguments against the proposal for compulsory insurance for electric bicycles or bicycles with pedal assistance:

From a legal point of view: The European directive does not promote the existence of compulsory insurance for electric bicycles. Rather, it affects their exclusion.

From a social point of view: There are no statistics or any scientific basis demonstrating the need for compulsory insurance for electric bicycles. On the contrary, the available statistics show that the accident rate is very low, comparable to that of conventional bicycles and on a smaller scale compared to other vehicles.

From the point of view of liability for damage caused by the cyclist: In the vast majority of cases, there is coverage by home insurance, the group underwritten by cycling associations and by rental companies, which provides coverage to the vast majority of the population.

From the point of view of promoting active mobilitya: Imposing any insurance would be discouraging, which would contrast with the intended promotion of sustainable and healthy mobility: negative impact on health and reduction of CO2 emissions.

From the point of view of the internal market: The introduction of any kind of insurance for pedal assisted bicycles would create a distortion of the common market as it is the only EU Member State to require such cover.

From an economic point of view: Discouraging the rise of EPACs would have negative effects on the national industry, the bicycle market in Spain, reindustrialization and job creation in our country.

Source: La Verdad

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