E-bike legality under the microscope

Sunday 18 June 2023

Judicial clarity has been given to situations where illegal electric bicycles are used on the islands’ roads.

Judge Graeme McKerrell said on Thursday that these cases are a “newish area that is coming before the court” which has created “potential uncertainty”. But he added there should be “no further lack of clarity going forward”.

Guernsey law states that electric bicycles must be pedal assist with the motor only providing power up to 15.5mph. Failing this, e-bikes are considered standard motor vehicles which require registration, insurance, and possibly protective equipment.

Pictured: E-bikes are becoming more popular in the island.

Two sentencing cases came before the Magistrate’s Court on Thursday 15, with another being reported in the media earlier in the week.

Christopher Harrison (36) was seen by police at 20:00 on 18 April travelling uphill on an electric bike without peddling, according to Prosecuting Advocate Phoebe Cobb. 

Officers stopped him at the Airport where Harrison explained the bike had an accelerator throttle. Tests later revealed that the bicycle could travel at 17mph using its own power.

Representing himself, he told the court the police could only have guessed what speed he was travelling, and that the initial record of his speed had changed between being charged and being sentenced. 

Harrison only held a provisional driving licence but was disqualified from driving a motor vehicle for 12-months.

He was fined £300 for not having insurance, and a further £200 for driving without a full licence or wearing a helmet respectively.

Judge McKerrell said individual cases such as this are not a general policy on sentencing and would provide “no indication as to what might happen in the future”.

The police still have possession of his bicycle, which he can continue to use provided it is modified to be lawful. 

Pictured: Traffic offences are heard in the Magistrate's Court.

Just over an hour later David Boys Hawley (56) was sentenced for driving a non-pedal assist electric bicycle at 27mph near Vazon.

Advocate Cobb said police had speed checked him on 30 April after they saw him travelling at speed. Hawley explained he had purchased the bike - which had an accelerator throttle - online.

He had previously been disqualified from holding a licence for six years in 2020 for driving while drunk and spent eight weeks in Les Nicolles. 

He also had numerous previous traffic offences. 

His Advocate, Oliver Fattorini, said Hawley hadn’t realised the bike was too powerful when he purchased it which would’ve been avoided had he spoken directly to a retailer. 

Advocate Fattorini explained that his client was suffering from serious ill health and that it may be unsuitable to have him incarcerated. 

Judge McKerrell said there was “no argument” that an immediate custodial sentence wouldn’t be justified but on balance handed out alternatives.

Hawley received a two-year suspended sentence of two months for driving while disqualified and one month concurrently for not having insurance. 

He was further disqualified from driving for a further year.