E-bike tuning: Watch out for inspections! Legal and financial consequences

Anyone who circumvents the motor assistance limit on a pedelec gains speed, but may lose the legal status of their bicycle. When used on public roads, this can have consequences for registration, insurance and driving licences. In the event of an accident, substantial claims for damages may arise. The fact that the tuning and tampering of e-bikes is increasingly being monitored and penalised is also highlighted by a recent BR24 report on modified e-bikes attentive.

When does a pedelec become a motor vehicle?

A standard pedelec is legally classified as a bicycle if its motor only provides assistance whilst the rider is pedalling and the assistance ceases at a maximum speed of 25 kilometres per hour. This is laid down in the Road Traffic Act. Riding faster than this is not prohibited in itself: anyone travelling at more than 25 kilometres per hour under their own power or when going downhill is, of course, still riding legally.

The situation is different if the engine is modified to continue running above this limit. In that case, the bicycle regulations no longer apply. Which regulations apply to the modified vehicle depends on its technical specifications. For use on public roads, a licence, motor vehicle liability insurance and the appropriate driving licence may be required. Important: A tuning kit does not automatically turn an ordinary pedelec into a road-legal S-pedelec – but rather into an illegal vehicle. Such a vehicle must not be ridden on cycle paths or on public roads. Nor may it be ridden in the woods or off-road.

What are the potential consequences of driving without insurance or a driving licence?

Anyone who uses a vehicle subject to compulsory insurance without the required third-party liability cover risks criminal proceedings under the Compulsory Insurance Act. If a driving licence is required for the vehicle and the person driving does not hold one, then, in addition, Driving without a driving licence must be taken into account. Whether these conditions are met must be assessed on a case-by-case basis.

E-bike tuning can also have serious financial consequences. If the rider causes an accident, claims for damages and compensation for pain and suffering may arise. In the event of serious injuries, this may be compounded by long-term costs. There is no blanket answer as to whether existing insurance will cover such claims; in particular, bicycle insurance is no substitute for compulsory motor vehicle liability insurance, where required.

​​ADFC legal expert Roland Huhn explains the exact legal position in an interview with BIKE: “Anyone who leaves private property on a modified two-wheeler is riding without a type-approval certificate. This constitutes an administrative offence under Sections 4 and 48 of the Vehicle Registration Regulations. As the rider cannot produce the required third-party liability insurance with an insurance sticker, they are also committing a criminal offence under Section 6 of the Compulsory Insurance Act and risk a prison sentence of up to one year or a fine. Whether the rider also lacks the necessary driving licence (at least category AM, from the age of 16) is a matter to be determined on a case-by-case basis.”

The extent to which proving that manipulation has taken place can be a complex process is illustrated by the BR24 report: The Nuremberg police are having suspicious bikes technically inspected. BIKE has the Risks associated with e-bike tuning has already been classified in more detail.

Goodbye, warranty!

Another important factor that e-bike riders need to bear in mind is that motor manufacturers can usually detect tuning even after tuning kits have been removed. This effectively rules out repairs or even a free replacement of motors or batteries in the event of faults. The warranty is voided if unauthorised modifications are detected.

​We, the editorial team, would like to introduce ourselves for years now firmly opposed to the illegal modification of e-bikes. Quite apart from the risks that each individual faces as a result: speed chips damage the public image of e-bike and e-mountain bike riders, thereby jeopardising the rights of us all.