Beware of illegal bikes. In Australia e-bike assistance is limited to 25 km/h and throttles on e-bikes are not allowed except for some very low-power bikes. If your bike has a throttle (allowing travel without pedalling) and powers you faster than 25 km/h then it is probably illegal for you to ride it on Australian roads. Know your local rules, and take care.
The laws in Australia
Currently in Australia there is some confusion and even mis-information around what makes an e-bike legal to ride on public roads.
Until recently, all Australian states followed similar standards as Europe, which was the EN15194 standard (and some subsequent updates to :2009+A1:2011)
This provided two “classes” of electric bike:
1. Power Assisted Bicycle
This class of e-bike does not require a speed limit on the assistance level, and may also be propelled without the need to pedal (i.e. have a throttle fitted). They must be:
- A bicycle with one or more auxiliary motors attached which has a combined maximum ungoverned continuous rated power output not exceeding 200 watts.
2. Electrically Power Assisted Cycle (or EPAC)
The other class, which is more widely applicable to the majority of current E-Bikes, especially heavier Cargo style bikes is called Electrically Power Assisted Cycle (or EPAC for short). In order to comply, EPACS must:
- Have an auxiliary electric motor rated to a maximum ungoverned continuous rated power output of no more than 250 Watts*
- Require the rider to Pedal in order to be provided with assistance when the speed exceeds 6 Km/h
- Have the assistance from the motor cut out when speed reaches 25 Km/h
There were some other requirements in the design such as having a saddle that is adjustable in height, for the Bicycle to be easily ridden without assistance, and the motor being electric (i.e. no petrol motors).
These were intended to differentiate between electric mopeds and electric bicycles.
The e-bike / EPAC must also have a marking on the frame showing its compliance with EN15194 (typically a Sticker or similar with details of the importer).
When E-Bikes are tested to EN15194 they are also mechanically tested to make sure they are safe to operate given the additional stress of the electric system.
E-Bikes that don’t have the EN15194 marking on the frame may not be safe to operate, not something you want to risk when carrying passengers!
Recently NSW has adopted slightly different standards. They have increased the permitted continuous motor power to 500 Watts for EPACS, but there is also an amendment around the way the motors power is assessed, which in laymans terms now means the rating is determined by the maximum Continuous Tested Rating of the motor which means any on-road / off-road switchable systems that exceed any of the EPAC restrictions (motor wattage or speed restrictions) are not legal.
Note, the legal rating of e-bike motors is measured to its continuous, or nominal output. In a nutshell, the motor is hooked up to a testing unit and run at full load and a thermal measurement is taken. This thermal change is used to determine the motors maximum rating.
Motors are able (and are legally permitted) to produce much higher wattage in short bursts, referred to as Peak Power but those figures are not something that is widely referenced.
The Problem … and the consequences …
Legal consequences
Unfortunately, currently in Australia it is not illegal to sell E-Bikes that are not compliant, but it is illegal for them to be used on public roads.
This means that some sellers are openly advertising and selling non-compliant E-Bikes, often with disclaimers hidden away in the fine print that they are for “off road” or “personal property use only” or even as “personal electric vehicles” with all sorts of indemnity clauses to try and protect themselves. These clauses do not protect you, the end user of the bike.
In our opinion, It’s pretty low that sellers would put customers at risk, just to be able to offer and sell cheaper-priced E-bikes. If the bike has a cargo carrying capacity intended for small children it seems pretty unlikely that these are intended for “off-road” use.
Remember, non-compliant E-Bikes are classed as motorcycles.
Will I get caught?
If you are caught riding one you risk being fined for operating an un-registered motor vehicle, and in some states where it is compulsory, for not having motor vehicle insurance.
Plus, you won’t have a compliant motorcycle helmet on, you may even have passengers that would be underage to be a passenger on a motorcycle and again, without appropriate motorcycle helmets. And possibly all this while you are riding on a bicycle path …
That’s a significant number of fines adding up, and potentially even putting your driver’s licence at risk.
And worryingly, if you did have an accident on an illegal e-bike you might find yourself liable for any damage you cause, including injuries, regardless of the circumstances.
The impacts currently occurring …
There is an increasing focus on the use of illegal e-bikes partly due because they are becoming so prevalent, and in some locations becoming more of a nuisance.
We dread the day that a serious incident occurs involving a non compliant E-cargo bike, and the entire industry is put under a spotlight or at risk altogether.
The other knock on effect, is the financial impact it is now having on the bicycle industry.
It is becoming increasingly difficult (or in some cases impossible) for independent bike shops to obtain insurance due to the perceived risk of illegal e-bikes by the insurance industry.
Those that can obtain it are paying a significantly higher cost, while those that can’t, have started closing their doors for good.
As a result, a lot of independent bike shops are not permitted to work on e-bikes that are not compliant, so having your illegal e-bike serviced and / or repaired will be difficult if not impossible, especially when it is purchased through an online seller.
There is also an increasing amount of negative press due to the lithium battery fires which typically occur on untested / non compliant e-bike systems which is literally adding fuel to the fire.
We would place bets that the importers / sellers of illegal e-bikes would not have sufficient product liability insurance in place, should one of their bikes burn your house (or workplace) down.
What should you do as a customer …
Firstly, ask the right questions. If the seller isn’t honest about the legality of the e-bike, walk away.
Read the fine print on the seller’s website, any disclaimers or “off road / personal property use only” or options to re-programme / alter the bike to make it legal … walk away.
Any form of throttle on any 250 / 500 watt bike (depending on state) is illegal. Walk away if there is one fitted.
Check the specs of the motor for measured wattage, check the maximum speed of the assistance when test riding. check for the EN15194 compliance sticker … if in doubt … walk away.
Stick with the larger manufacturers. They may be more expensive, but part of that is the additional compliance testing undertaken and support offered. Buying a cheap non-compliant E-bike is very rarely more cost-effective in the long run. With a known brand running a Bosch or Shimano motor system you will have a legal bike. You are also more likely to have a longer warranty and support from international brands and their dealer networks. It will also likely be worth significantly more if you later want to sell it on the second hand market.
On larger / heavier Cargo style E-bikes, we highly recommend mid-drive motor systems.
The mid-drive design means that even with the 250 Watt limits, they can produce more torque which is what is needed to move big loads (torque being the measurement of twisting force, measured in Newton-metres or Nm)
The majority of non compliant e-bikes we see rely on hub based motor systems (in a hub based system the motor is positioned in the hub (middle) of either the front or rear wheel).
As an example, a 750 Watt Bafang G060 hub motor produces 80Nm of torque, by comparison the 250 Watt Bosch Gen IV CX mid drive motor produces 85Nm of torque.
Prosecution is happening
E-bike compliance is not “a grey area” or “something that is never enforced” despite what some sellers (or forum posters) may claim. People are getting fined.
It’s no different to speed limits for motor vehicles, we may not always agree with them, but they are there, and there for a reason.
And while some people are happy to ignore those limits … there is a significant financial price to pay if / when caught, or a price to pay when the limits are exceeded and things go awry.
