Alles, was beim E-Bike Recht ist! - HildRadwelt

How does the law distinguish between eBikes and S-pedelecs? Do I have to wear a helmet when riding with an electric motor? Am I allowed to ride on the bike path? Do I need a driver's license? And how is the subject of lighting regulated in the Road Traffic Regulations (StVO)? Bosch eBike Systems presents an overview of the most important laws and regulations:


From eBike to S-Pedelec - what is actually what according to the law?
The pedelec is a vehicle that is powered by muscle power and a supporting electric motor. The term is an abbreviation of "pedal electric cycle" and is synonymous in Europe with the most popular electric bicycle, the eBike. The motor switches on as soon as the rider starts pedaling. Sensors measure power input, cadence and speed and adjust the assistance accordingly. It assists up to a maximum of 25 km/h, after which it switches off. The motor may have a rated continuous output of 250 watts. A pedelec is treated the same as a bicycle and is not subject to insurance. There is also no minimum age and no driving license requirement. Not even if it is equipped with an electric starting or pushing aid up to 6 km/h.

S-Pedelec stands for "speed pedelec", i.e. a fast pedelec. The motor supports up to a maximum of 45 km/h, and its power is limited to 4,000 watts. S-pedelecs are legally considered mopeds. This means that drivers of S-pedelecs require a Class AM or Class B passenger car driver's license. This does not apply to persons born before April 1, 1965. They may use the S-pedelec without a driver's license, but should carry an ID card. An illuminated insurance license plate and an operating permit are required by law for the S-pedelec.
It must also be equipped with a rear-view mirror, horn and side stand. Riders of S-pedelecs should be careful in 30 km/h zones. Failure to observe the speed limit is an administrative offense. The minimum age for drivers is 16 years. Important: Spare parts on the S-pedelec must correspond to the parts listed in the operating permit (BE).

1 The laws and obligations described below are as of 27.02.2018. They are subject to change.

Do I have to wear a helmet on the eBike?
There is a legal helmet obligation only for S-pedelecs. The legislator requires a "suitable protective helmet" in the Road Traffic Act (§ 21a, paragraph 2), but without specifying it. As a rule, a bicycle helmet is accepted, but some manufacturers also offer special pedelec helmets. Of course, an ECE-approved motorcycle helmet is also possible. But no matter what type of bike and what speed you are riding: cycling associations such as the ADFC or companies such as Bosch eBike Systems generally recommend wearing a bicycle helmet. § Am I allowed to ride my eBike on the bike path? New rule since January 1, 2017: Pedelecs also have to obey the street light and not the pedestrian light. Unless the bike path has its own light signal. Incidentally, Bosch has developed an anti-lock braking system (ABS) for eBikes to increase road safety for eBikers and their environment. eBikes with ABS will be commercially available for the first time as early as the end of 2018. With the pedelec (up to 25 km/h), the eBike is allowed to ride on the bike path. S-pedelecs (up to 45 km/h), on the other hand, are not allowed to use the cycle path. They must remain on the road even if a bike path is available. Riding on so-called bicycle lanes is always permitted with a pedelec, but with an S-pedelec only if the bicycle lane is open to motor vehicles or motorcycles. The forest laws of the federal states apply in the forest. In principle, cycling is permitted there, even with the pedelec.

How is the subject of lighting regulated?
The headlight and tail light must be permanently installed on the bike, but with the new version of §67 Paragraph 1 of the Road Traffic Licensing Regulations, the previous dynamo obligation no longer applies. In the meantime, bicycle lights with 6-volt batteries or rechargeable batteries are also permitted. S-pedelecs, by the way, must run permanently with lights, just like motorcycles. From 2018, all with headlights that comply with the EU standard ECE 113.

Are trailers allowed?
With pedelecs, i.e. eBikes, child and cargo trailers may be attached, with S-pedelecs only cargo trailers. With these, however, the transport of children is only permitted up to the age of seven in suitable seats. Important for S-pedelecs: The coupling for the trailer must be of "officially approved design", and the trailers also need specific lighting elements.

What about cell phones and music at the ear?
Paragraph 23 of the Road Traffic Regulations states, mutatis mutandis: Headphones are okay as long as acoustic perception is only insignificantly impaired. Pedelec riders who make mobile phone calls must expect a fine of 55 euros. On the S-pedelec, at least 100 euros are due, plus one point. In general, however, the networked eBiker will play a key role in tomorrow's mobility. With the all-in-one on-board computer Nyon, for example, Bosch eBike Systems has already intelligently connected the Off- and online worlds. By acquiring the Frankfurt-based start-up COBI.bike, Bosch is expanding its offerings for smart biking.

Is alcohol on the handlebars a punishable offense?
While for the pedelec, as for cyclists, the absolute driving incapacity is 1.6 per mille, the same conditions apply to drivers of S-pedelecs as to car drivers: from 0.5 per mille it is an administrative offense, from an alcohol content of 1.1 per mille one is liable to prosecution.

Attention: In the event of an accident or careless driving, pedelec riders can expect to be fined as little as 0.3 per mille.