What is an electric-assisted bicycle?
An electric bicycle is a bicycle equipped with a battery, motor, controller, sensor, and display. (Find all our explanations about how electric bicycles work here.)
The NF EN 15194 standard governs the design of electric bicycles and the application of safety inspections to them. It also defines the main criteria that clearly distinguish an electric-assisted bicycle from a moped.
There are 3 essential criteria for identifying an electric-assisted bicycle:
- electric assistance is activated when pedaling;
- electric assistance cuts out as soon as the bicycle exceeds the 25 km/h speed limit;
- the motor power must not exceed 250 watts.
Mopeds (such as speed bikes, 50 cc scooters, Solex bicycles, and other mopeds) are vehicles capable of traveling at up to 45 km/h and are subject to the Highway Code.
A speed bike is an electric bicycle with a maximum speed of 45 km/h. In France, this type of electric bicycle is considered a moped, and its use is subject to certain conditions.
Unlike an electric-assisted bicycle, a speed bike requires:
- a category A, B, or AM driving license (formerly BSR),
- a license plate,
- insurance,
- moped equipment (approved helmet, gloves, and a yellow vest outside built-up areas).
It is prohibited on bicycle paths.
How is an electric bicycle derestricted?
Derestricting an electric-assisted bicycle means removing the assistance limit set at 25 km/h, thereby obtaining more power and speed.
This can be done manually, with an illegal derestriction kit that deactivates the 25 km/h restriction system, or via a suitable controller.
Is it legal to derestrict an electric-assisted bicycle?
We are frequently asked about derestricting electric bicycles, but is it legal and risk-free to derestrict an electric-assisted bicycle?
The answer is no.
Derestricting an electric-assisted bicycle amounts to converting it into an unapproved moped or a speed bike, and this has legal consequences.
In addition to the fact that the conditions for using a moped are different, and that it must be registered and have specific insurance, the law strictly regulates the penalties incurred.
Article L317-1 of the Highway Code provides for the following penalties for the rider of a derestricted bicycle:
Fine and imprisonment
Modifying the speed-limiting device to allow an electric bicycle to exceed its authorized maximum speed is punishable by one year of imprisonment and a €30,000 fine.
License suspension
Anyone found guilty of this offense is also liable to the additional penalty of having their driving license suspended for up to three years; this suspension may be limited to driving outside of professional activities.
Vehicle confiscation
The vehicle, machine, or cycle on which the offense was committed is immobilized and removed from circulation until it has been brought into compliance or repaired. A decree issued by the Council of State sets out the conditions for applying this paragraph.
Safety
Electric-assisted bicycles are designed to be safe at limited power and speed. Increasing the speed proportionally increases the risk of accidents for the rider and others.
Derestricting can also cause wear to certain components, such as the motor, or reduce battery range. An overworked battery may struggle to produce enough energy, and this is not without risk.
Insurance
In the event of an accident caused by a derestricted electric bicycle, the rider, even if injured, is no longer considered merely a cyclist by insurers. Civil liability insurance, generally taken out with home insurance, is no longer sufficient to cover the damage. Once reclassified as a moped, specific insurance must have been taken out. The rider will therefore receive no compensation.
If the rider of the derestricted vehicle is not responsible for the accident, derestriction may still affect compensation. The at-fault party’s insurer could argue that the speed was excessive or that the bicycle had been derestricted, in order to refuse or reduce compensation.
More broadly, if the rider of the derestricted bicycle is responsible for causing injuries, they may face criminal prosecution, with aggravating circumstances related to speed and derestriction. They will have to compensate the victim or victims personally, without being able to rely on their insurance.
Loss of approval
Like the warranty, a derestricted bicycle loses its approval.
What does this mean?
An unapproved bicycle becomes illegal and is no longer authorized to travel on public roads. Derestricted bicycles may only be ridden on private paths.
Major difficulties when reselling
A derestricted bicycle regularly encounters problems when being resold. If, for example, you want to resell your derestricted bicycle through a specialist shop, it is certain that the shop will not be able to accept it.
All it has to do is check the motherboard to see all the modifications made to the bicycle. Practices such as derestriction will be detected, and the shop will be forced to refuse the bicycle.
The bicycle owner will therefore have difficulty reselling it, as no website or store accepts the trade-in of an illegal bicycle.
In summary: derestricting an electric bicycle may seem tempting, but the law is very clear and strict on the subject. Derestricting an electric bicycle is illegal and can result in severe penalties.
The safest option is to ride an approved and warrantied electric-assisted bicycle designed to deliver power and comfort within the legal framework. Discover our range of electric bicycles designed for everyday use with complete peace of mind.
For further information, if you nevertheless choose to derestrict your bicycle and decide to insure it, equip it with a license plate (and registration document), specific lights and horn, and if you yourself wear an approved helmet, you may use it on public roads. The derestricted bicycle is then considered a motorized two-wheeler, and you will have to comply with the applicable Highway Code rules.
Share: