Luxembourg judges provide an interpretation of the directive on the reform of compulsory insurance for European vehicles, which excludes pedal-assisted bicycles from the restriction
– Milan
The e-bikesor pedal-assisted bicycles, are therefore not driven exclusively by mechanical force cannot be subject to compulsory liability insurance like cars and motorbikes. This is established by the recent ruling of the EU Court of Justice, called to give her opinion in a trial underway in Belgium, following a tragic accident in which a cyclist riding an e-bike was hit by a car. The actual reason can call into question what was established by the Council of Ministers of last August 3rdi.e. the preliminary approval of the legislative decree aimed at extending the insurance obligation for pedal-assisted bicycles, transposing what is established on the matter by EU Directive 2021/2118.
the interpretation
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In reality, that directive which aims to strengthen the rights of injured parties and harmonize minimum levels of coverage throughout the Union, it is not mentioned in any paragraph the obligation to extend compulsory insurance to “electric” bikes and scooters. However, the Government took advantage of the opportunity offered by the general reform requested by Europe to intervene on the issue of micromobility, which had shown various critical issues for some time. What was established by the judges of the Court of Justice establishes a series of limits, specifically recalling that the direction of the directive concerns vehicles traditionally and exclusively moved by mechanical force, therefore by motorcycles, cars and trucks. The ruling also adds that the aim is to protect victims of road accidents caused by motor vehicles, therefore electrically assisted bicycles cannot fall within the definition of a vehicle. And the speed that can be reached (not exceeding 25 km/h) is such that do not cause “physical or material damage to third parties similar to that which can be caused by motorcycles, cars, trucksas the latter can circulate significantly faster”.
unknown scooters
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After what was established on 3 August, the innovations announced have begun the traditional process, which involves a series of steps, including the issuing of a specific implementing decree by the Ministry for Business and Made in Italy, within 90 days of the entry into force of the legislative decree, to outline the specific cases of insurance obligations. Based on what was established by the Court of Justice, it is clear that e-bikes cannot be subject to taxes, but the same consideration is not totally applicable to electric scooters. In fact, if the maximum speeds allowed are similar, the scooters can reach them thanks to the thrust of an electric motor, therefore by a mechanical force in all respects. In any case, regardless of the possible imposition, civil liability insurance cannot be discarded a priori because protects you from unpleasant surprisesespecially if you consider that a policy costs on average one hundred euros, 160 if you add accident coverage.
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