Got an accusation letter from police for riding an "illegal" e-bike, what to do?

51 posts in this topic

1 hour ago, yourkeau said:

Guys, the law about Elektrokleinfahrzeuge is relatively new (from June 2019) and so is insurance requirement.

 

This is wrong, sorry. Two-wheeled vehicles which can be moved without pedalling, always needed an operating licence and insurance. Nothing has changed for these two-wheelers and nothing is new either. 

 

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Also, thank whatever god you believe in that your "homemade e-Bike" was not classified as a motorbike (can be the case with some of them), then you would have gotten additional fine for no helmet!

 

That's not true either. An "e-bike" that can reach speeds of up to 20 km/h and has a maximum power of 500 watts falls into the "light moped" category, requires a minimum age of 15 years, a moped test certificate and an insurance number - but there is no obligation to wear a helmet. 

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6 hours ago, someonesdaughter said:

That's not true either. An "e-bike" that can reach speeds of up to 20 km/h and has a maximum power of 500 watts falls into the "light moped" category, requires a minimum age of 15 years, a moped test certificate and an insurance number - but there is no obligation to wear a helmet. 

I meant pedelec which can reach speeds up to 45 km/h. In commercially sold bikes the speed is manually limited to 25 kmh for the reason you mentioned, but in a home made bike this may not be the case.

 

6 hours ago, someonesdaughter said:

This is wrong, sorry. Two-wheeled vehicles which can be moved without pedalling, always needed an operating licence and insurance. Nothing has changed for these two-wheelers and nothing is new either. 

Source? Because the new regulation passed due to the fact that the law did not cover properly these new vehicles. Also, an e-Bike (commercial) cannot be moved without pedalling, so not a light moped. 

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Source? Because the new regulation passed due to the fact that the law did not cover properly these new vehicles.

 

Nope, maybe you should first find out what the Elektrokleinfahrzeuge-Verordnung was really created for:

 

"Mit Inkrafttreten der Elektrokleinstfahrzeuge-Verordnung am 15.06.2019, wurden die Voraussetzungen geschaffen, damit Elektrokleinstfahrzeuge mit Lenk- oder Haltestange am Straßenverkehr teilnehmen können."

https://www.bmvi.de/SharedDocs/DE/Artikel/StV/Strassenverkehr/elektrokleinstfahrzeuge-verordnung-faq.html

 

The legal rules for e-bikes, pedelecs, S-pedelcs and so on all existed before. Nothing new here. (And irrelevant for wr anyway, because "homemade bikes" don't get a Zulassung and therefore aren't allowed to be operated in public space.)

 

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Also, an e-Bike (commercial) cannot be moved without pedalling, so not a light moped. 

 

Please inform yourself better.

 

"e-Bike bis 20 km/h und max. 500 Watt: Es fällt in die Kategorie Leichtmofa, erfordert ein Mindestalter von 15 Jahren, eine Mofaprüfbescheinigung und ein Versicherungskennzeichen. Der Motor hat maximal 500 Watt. Es besteht keine Helmpflicht."

 

https://www.emotion-technologies.de/e-bike-infos/h%C3%A4ufige-fragen/rechtliches/

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11 hours ago, john g. said:

I am guessing the guy is young and naive. But I might be wrong.

My daughter is 31 and a software specialist and doing well in Amsterdam. And you know what? She actually once Whatsapped  me to ask for my Website address.

I guess there´s something wrong with the world!

 

Agreed John!  My sister has a degree.  She recently added 18.2% of my partner's income to 18.2% of my income and get 36.4% of our joint income!  There's definitely something wrong with the world!

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1 hour ago, starkebogen said:

 

Agreed John!  My sister has a degree.  She recently added 18.2% of my partner's income to 18.2% of my income and get 36.4% of our joint income!  There's definitely something wrong with the world!

 

 

She would be correct when the income from one of you tend to zero.

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Something else, you probably used a cheap kit from eBay which do not fulfill the German regulations.   You are accused of riding without the needed insurance AND using a non-approved vehicle/parts.

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So much speculation; so much finger wagging.  Once again, the german police have picked low-hanging fruit.  My god, had they not stopped you there was the chance you could have hit a woman pushing a baby carriage...off with his head!  Only in germany would the police: stop you...confiscate your bike...inspect the bike...review applicable law...write you a summons/ticket....appear before a court...consider evidence...reach a ruling.  All this because you put a battery on a bike.

This is a country of penalties; not remedies.  In another country, if it even went this far, if you went to court and said you removed the battery and won't do it again the judge would probably toss the case.  In germany, that's not enough...you need to be taught a lesson you'll never forget and be made an example of for others to see.

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1 hour ago, catjones said:

Only in germany would the police: stop you...confiscate your bike...inspect the bike...review applicable law...write you a summons/ticket...appear before a court...consider evidence...reach a ruling.

This is not Texas :).

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2 hours ago, AlexTr said:

Legis ignorantia non excusat.

Actually, I´ve always been against that snobbish, elitish saying.

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22 minutes ago, john g. said:

Actually, I´ve always been against that snobbish, elitish saying.

 

Image result for okay then gif

 

 

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Well then!

:P

Do you think the average person can or should be 100% au fait with all the laws of a country/society? Isn´t that why we have lawyers?

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And it costs more money to read than it does to hire a lawyer?

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What happens if you are illiterate or in a foreign country without the language skills? Elitist comment, I´m afraid, AlexTR. You are showing your true colours.

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Another what? Have just finished the eye drop session!

You are not defending your elitism very well.

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Why is it you always seem to get cranky in the evening?

 

Never mind. Whatever is upsetting you, I am sorry it's happening and I hope you feel better soon.

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I am always cranky, Alex! Just like you!

:P

Switching off after a long day working.

But I still think that expecting people to know the laws of a land is elitist and arrogant.

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