Is a Power Assisted Pedal Cycle (e-bike) considered a motorised vehicle?

wizzlesticks on 03/04/2020 - 14:42

I've had mine stolen, and the insurer doesn't want to pay because it's not considered a personal good because they deem it a motorised vehicle. This is a snip from their terms:

Items not considered personal goods are:
› airplanes, automobiles, boats, motorboats or any other motorised vehicles and their
integral parts and installed accessories

These conditions implicitly say that motorised vehicle refers to ones that require a vehicle registration and licence to operate. VicRoads state that 'power assisted bicycle is identical to a pedal powered bicycle, except it has an auxiliary motor.'

Naturally I want to challenge the insurers decision as it's certainly not fair.

Poll Options

  • 8
    Yes they are the same thing
  • 26
    No they are different
  • 5
    They can be interpreted both ways
Sports & Outdoors

Comments

  • coxjon on 03/04/2020 - 14:54
    +1

    I tried to argue that my drone was a camera as its primary purpose for me is taking photographs, but nope, I had to purchase portable cover and it's registered as sports equipment. I doubt you'll have much luck with this sorry :(

  • scrimshaw on 03/04/2020 - 14:58
    +2

    In terms of road rules: pedelacs and motorised vehicles differ in that you need to register for a license to ride on the latter. You do not need a drivers license to play on a pedal-assist bike nor does it need vehicle registration. But insurance companies will not look at VICroads but rather legislation.

    Quoted from https://www.legislation.gov.au/Details/F2017L01175

    power-assisted pedal cycle means either:

    (a) a two-wheeled or three-wheeled pedal cycle to which is attached one or more auxiliary propulsion electric motors having a combined maximum power output not exceeding 200 watts; or

    (b) a vehicle meeting European Committee for Standardization EN 15194:2009 or EN 15194:2009+A1:2011 Cycles - Electrically power assisted cycles - EPAC Bicycles;

    Clause 6

    Vehicles that are not road vehicles

    (1) Vehicles of the following classes are not road vehicles for the purposes of the Motor Vehicle Standards Act 1989:
    (a) agricultural machines;
    (b) golf carts;
    (c) light utility vehicles;
    (d) miniature motorbikes;
    (e) motorised recreational devices;
    (f) motorised scooters;
    (g) motorised wheelchairs;
    (h) power-assisted pedal cycles; (your category)
    (i) quad bikes; and
    (j) tracked vehicles.

    so there you have it, Pedelacs don't fall into a road vehicle category but instead is it's own category— but your insurance company's terms may be written in such a way that it completely excludes any motorised device regardless of how much power it has and whether you need a license to ride it.

    • wizzlesticks on 03/04/2020 - 15:12

      I'm already confident that ebikes don't fall into the road vehicle category, but the definition in question is whether it's a motorised vehicle. Unless you're saying that everything in clause 6 should be treated as motorised vehicle, which it seems you might be.

      • scrimshaw on 03/04/2020 - 15:16
        +3

        I personally don't think eBike and Xiaomi 365 scooters should be categorised as motorised vehicles, but from the insurance POV as they are trying their darndest not to pay out, (and I don't know the exact terms set out by your insurer) you will need to have a pretty strong argument as to why your eBike shouldn't be classed as a classic motorized vehicle.

        Good luck :P

      • D C on 03/04/2020 - 17:32
        +1

        confident that ebikes don't fall into the road vehicle category

        You'd be wrong.

        Bicycles are vehicles. Do naughty things riding it and you'll be fined as you would be in a car, and lose points on your licence.

        When the motor on your bicycle exceeds 250W, then it become a motorcycle (and needs registration, rider permit etc).

        But anyway, you're arguing a definition and you'll find the insurance company are way ahead of you.

        • wizzlesticks on 03/04/2020 - 17:47
          -1

          Referring to the legislation, I'd be right. I'm not at all disputing that you can't ride a bike drunk, or other 'naughty things', which I'd never intentionally do. But whether or not it's a road vehicle is irrelevant, as that's not the argument here.

          • D C on 03/04/2020 - 18:32

            @wizzlesticks:

            But whether or not it's a road vehicle is irrelevant

            It's not irrelevant. Bicycles are covered by contents insurance (despite the law considering them vehicles), but you didn't have a bicycle stolen.

            You argument rides (lol) solely on e-bikes (sub-250W) don't need to be registered, therefore are personal goods. I think you need to read the policy a bit more carefully. Or just ask the insurance company, they'll point the appropriate clause out to you if it exists.

            Note that contents insurance may only cover items stolen from your home, so if the bike was pinched while you were at the shops, no go. (This also applies to wheelchairs that you mentioned in another comment.)

  • D C on 03/04/2020 - 15:02

    Bicycles are vehicles, motorised or not. A bike with a motor, well, is a motorised vehicle.

    • brendanm on 03/04/2020 - 17:12

      Every dictionary I could find agrees with this.

      Vehicle - "a thing used for transporting people or goods, especially on land, such as a car, lorry, or cart."

      • D C on 03/04/2020 - 17:19

        Never mind the dictionary, maybe OP can argue with the cops & judge when he rides his bicycle back from the pub past the booze bus.

  • abb on 03/04/2020 - 15:11
    +1

    These conditions implicitly say that motorised vehicle refers to ones that require a vehicle registration and licence to operate.

    You're gonna be hard pressed to argue your contract with an insurance company on the basis of "implicit". That's a Darryl Kerrigan "vibe" argument…

    Post your actual terms?

    Make sure you're clear that it's a pedal powered bike (that just happens to have an auxiliary motor). Don't call it an "e-bike".

    • wizzlesticks on 03/04/2020 - 15:17

      Yep, I think you're spot on. The argument should be narrowed to pedal bicycle with assisted power ≠ motorised.

      • trongy on 04/04/2020 - 00:34

        Generally, laws and contracts rely on plain English definitions unless there is an explicit definition in the text.

        By plain English definition, a vehicle with an electric motor to drive it is a motorised vehicle. The road rules have an explicit definition that differs from the plain English definition. Unless your insurance has a similar explicit definition, the insurance company is in the right.

  • SnoozeAndLose on 03/04/2020 - 15:16
    +4

    For NSW 250W is the limit on the motor and it is not classified as a motorised vehicle

    https://roadsafety.transport.nsw.gov.au/downloads/motorised-…

    • crashloaded on 03/04/2020 - 15:35
      +1

      This. Certain states make the decision based on power output.

      • SnoozeAndLose on 03/04/2020 - 15:43

        But OP is in VIC, not sure in the rules are different

  • Davo1111 on 03/04/2020 - 17:07

    was the bike legal to ride in public?

    • wizzlesticks on 03/04/2020 - 17:23

      Completely legal (less than 200w output). And the same as push bicycles, with the same rules (helmet, giving way to pedestrians, etc.)… Unlike electric scooters which can't go over 10 KPH in WA (if they can, they are illegal for use in public and can only be used on private property). But this is not really relevant to the insurer.

      • Euphemistic on 04/04/2020 - 15:40

        It is relevant to the insurer. If it’s not legal it is definitely a motorised vehicle. If it is legal, then the it fits the category of bicycle in road rules which greys the answer.

  • Euphemistic on 03/04/2020 - 17:44
    -1

    Did you build the bike or is it a factory built e-bike? You say it is completely legal, but can you prove that it meets the definition of an e-bike?

    What does your PDS say?

    You’ll need to read and confirm the fine print to argue with an insurer. Random internet opinions don’t mean a lot.

    • wizzlesticks on 03/04/2020 - 17:53

      It was built and purchased from a retailer. Less than 200w output.

      The PDS doesn't go into detail about bikes at all. Not mentioned once. But in their response to my claim, they are deeming my bike as a motorised vehicle which I've cited above (therefore not defined as personal goods under the policy). By that logic, an electric wheelchair would also not be classified as a personal good.

      • Euphemistic on 04/04/2020 - 06:57

        That is unfortunate. Yes, it is motorised, as an electric wheelchair would be. a wheelchair may not be considered to be a vehicle.

  • blwnhr on 04/04/2020 - 08:16

    Who is the insurer?

  • BertieBrown on 04/04/2020 - 15:27

    What did your insurer say to you when you referred to your policy PDS that defines a motorised vehicle requires a license, and registration to operate?

    • wizzlesticks on 05/04/2020 - 01:12
      +2

      Not gotten that far yet. I'm currently forming my response. Comments here have been mostly helpful.

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