E-Bike tuning is and remains one of the most discussed topics when it comes to pedelecs and ebikes. Within the framework of a voluntary commitment, large parts of the European bicycle industry recently agreed to joint measures. The German Zweirad-Industrie-Verband (ZIV) was one of the leading organisations in the development of the voluntary commitment. Due to current interest, we wanted to know exactly which kits violate the law and why, and what consequences those who sell, install or ride such kits will have to face.
Exclusively for Elektrofahrrad24, we were able to win Tim Salatzki as our interview partner. Since 1 September, he has been the new head of “Technology and Standardisation” at the ZIV. The proven expert previously worked directly at DIN, the German Institute for Standardisation. He is involved in national, European and international standardisation committees and has a clear opinion in regard to tuning kits.
Mr. Salatzki, in general terms: Are there tuning kits that interfere with the motor performance or the speed limitation of the electric assistance and can be considered regular at the same time?
Quite clearly, no. Each of these kits manipulates the manufacturer’s motor control and increases the speed up to which the system supports the riders. This is not permitted.
That means any tuning kit aimed at doing that is illegal?
No, it isn’t. The sale of such kits is unfortunately permitted. It’s just that you’re not allowed to use them on public roads. In other European countries, such as France, for example, the sale and of course the use of such a product is already prohibited. As ZIV, we are working towards a comparable regulation in Germany.
Many offers lack the information that buyers may purchase the kit but not use it in public road traffic. Is this missing information permissible?
Suppliers must provide unambiguous information about the tuning kit and its use. Anything else is inadmissible. Nevertheless, we are entering a certain grey area at this point. Often the hardware itself is not unsafe at all. It even has a CE mark and has been approved.
So where exactly is the problem?
As soon as I install the hardware in a pedelec, the safety of the bicycle is no longer guaranteed. It supports up to a higher speed. The motor provides a higher power output. However, the manufacturer has not designed the pedelec’s components for this at all.
Okay, that’s the technical aspect. What does the legal situation look like?
If I ride such a modified pedelec on public roads, I am no longer riding a bicycle, but a motor vehicle. This vehicle is then also not type-approved. It has not gone through a type approval process. Its parts have not been checked accordingly. It has neither an operating permit nor is it insured. This results in a legal risk, which first of all lies with the ebike riders.
What risk do you mean?
They may be riding on the road without a driving licence if they do not have at least a class AM driving licence. They are riding without insurance on a vehicle that is not type-approved. We are talking about things that are relevant under penal code. This is not just an administrative offence anymore.
Example of one of the offered tuning kits for ebikes
Let’s assume there is an accident with such a vehicle. Then at least the liability insurance kicks in, right?
Not at all. If a person is injured in this context on public roads, no personal liability insurance will cover it. Then the ebike riders are left without insurance. If I ride such a vehicle and am seriously injured myself or seriously injure someone else, I will never be happy again in my life. You wouldn’t wish that on anyone.
Does that at least leave the private property as a place of retreat?
Theoretically, you could buy such a kit, install it in your pedelec and ride it around on your private property. However, it must be completely fenced off and not accessible from the outside. This applies to very few private properties in Germany. And even on private property, the insurance problem still remains. If you run someone over with the pedelec here, no private liability insurance will take effect even then.
Can this knowledge be assumed of buyers or do suppliers of tuning kits have to explain this?
From our point of view, sellers should of course point this out. If you adhere to the current legal situation in Germany, you can’t actually do anything with such a kit. Sellers refrain from pointing this out because it naturally has a deterrent effect. They know very well that at this point they are no longer in a grey zone, but in a red zone. They deliberately shift the responsibility to the buyers. And they don’t always realise the extensive consequences.
As a player in the bicycle industry, the ZIV also pursues economic interests in the struggle against ebike tuning, correct?
That’s right. The applicable limits for motor power and speed limits for electric assistance are enormously important. They ensure that pedelecs are legally considered bicycles. This implies a number of advantages, such as the use of cycle paths, exemption from compulsory insurance and helmet use, and permission to attach child trailers. If we don’t keep to these limits, the legislator will come along at some point and stipulate that pedelecs are now motor vehicles. That would be fatal.
What is the ZIV doing to prevent this from happening?
The members of the ZIV have committed themselves in a self-declaration to fighting tuning and other forms of manipulation as effectively as possible, both during development and throughout the entire product life cycle. Every morning, however, someone somewhere in the world gets up and sets about circumventing these hurdles. For good reason, there are currently around 250 tuning kits on the market. Of course, this has something of a cat-and-mouse game about it. Nevertheless, we as an association, together with the manufacturers, want to take active action against such an attempt.
Technically, not everything can be prevented. That’s why you are also trying to find a legal remedy.
Yes, at the same time we are trying on a legal level to change the initial situation in our favour. This concerns, for example, declarations of discontinuance for pedelecs in which such kits have already been installed by the dealer. Unfortunately, this also happens.
How effective are more traditional measures like the good old police check?
Nowadays, the police are often powerless in this regard. Many tuning kits are so professionally made that they can be switched on and off via a small switch from the handlebars or via an app. So if I see a police checkpoint somewhere, I briefly deactivate the device and pass the officers at a normal speed. Even if the bike were to end up on a test stand, a conviction would not be an easy matter. After all, the human performance when pedalling still has to be taken into account.
And what can authorities like customs do?
They don’t have the best cards at the moment either. The truth is that not every kit comes to Germany from abroad. There are companies based here that manufacture such things. In some cases, for example, electronics companies work directly with bicycle dealers. The dealers get the inside information about the drive, the electronics company knows what to do with it. That’s why a change in the law would be enormously helpful.
Is that what you are concentrating on right now?
If we can get the sale of such kits banned in the same way as in France, we would have reached a very important milestone. That would drastically restrict the ways in which such things come to Germany. This would allow authorities like customs to act in a completely different way than they do at present.
Thank you very much for the interview, Mr Salatzki.
Picture: Zweirad-Industrie-Verband
