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Ads for electric scooters and bikes: legal or e-legal?

• CAP News

. Avoid pedalling disinformation - legal classification of electric bikes is key Under government

G-force

• Ruling
• Upheld
• 27 September 2023

;GFORCE T42 Folding Fat Tire Electric Bike”, below a section titled “750W Brushless Gear

stated that any electric bike that did not meet EAPC rules was classed as a motorcycle or moped and … considered that, despite the increasing prevalence of electric bikes, consumers were unlikely to be … aware that if an electric bike did not comply with the requirements of the DfT’s EAPC guidance

Swytch Technology Ltd t/a Swytch

• Ruling
• Upheld
• 22 February 2023

into electric bikes, seen on 11 September 2022, stated “EARLY ACCESS 60% OFF – ENDS IN 1

). A page on an electric bike conversion kit’s website made misleading future savings claims

Cyrusher Outdoors Sporting Ltd

• Ruling
• Upheld
• 22 February 2023

Two product listings for electric bikes on the Cyrusher website, www.cyrusher.co.uk, seen on 23 August 2022: a. The product listing for the XF900 Cyrusher Motorcycle-Style Ebike featured text that included “Top-of-the-line in our ebike series […] Its motorcycle-style front forks will make you the center [sic] of attention wherever you go. The perfect all-terrain e-bike […]”. Further down the page, an icon of an e-bike battery accompanied text that stated “750W Power”, and a section headed “Specifications” included the further text “Motor 750-Watt Bafang”. The listing’s background featured alternating videos of the bike being used in public spaces, including one that was shot on London roads, and two others that showed riders moving uphill at a roughly constant speed without pedalling. Images included throughout the listing showed the bike being used in public spaces while close-up shots of the bike’s wheels, pedals and handlebars, against a background of road surface and buildings, were also featured. Further text, under the heading “Important Note”, stated “Due to the current law surrounding ebikes in the UK, we have done our utmost to comply. So when you receive your new ebike now, there will be no throttle on the handlebar, and the motor is restricted to 250watts [sic] with a top speed of 15.5mph. But don’t despair, we have included the throttle in the box of accessories that comes with the bike. Plus we have a video on our site showing you how to derestrict the motor, as we know many of our customers use our ebikes off road or on private land. Please note: Cyrusher do not condone the use of an unrestricted ebike on the roads within the UK”. The listing featured an embedded video, titled “Should I swap my old bike for this GIGANTIC Cyrusher e-bike?”, from a bike review YouTube channel. The video depicted the bike being taken out for a test ride on streets in London. One shot depicted the bike being ridden down a large flight of stairs that formed part of an underpass. The video’s voice-over included, “Be warned, this little baby packs a punch with a top speed of 31 miles per hour.” b. The product listing for the XF650 Cyrusher Affordable Ebike included text that stated “great for commuting” and featured the same text as ad (a) under the heading “Important Note”. Underneath an icon of an e-bike battery, text stated “750W Power”, and a section headed “Specifications” included further text that stated “750W Lks”. Close-up shots, taken in various public settings, of the bike’s wheels, pedals and handlebars were also featured. The image of the bike’s throttle was accompanied by text that stated “Twist Throttle The half-twist throttle includes the on/off button to prevent accidental activation”. The listing featured an embedded video, titled “Is this the BEST Electric Fat Bike? […]”, from a bike review YouTube channel. The video featured shots of the bike being taken out for a test ride on what appeared to be public trails in the countryside. Another close-up shot depicted a “speed test” of the bike accelerating over a road surface. The video’s voice-over included, “The top speed they claim is 26 miles per hour and I can tell you that I’ve done, throttle-only, faster than that. I’m not going to tell you how fast. It’s just faster than 26” while small on-screen text that stated “*be sure to abide by all local laws and restrictions” appeared in the bottom-left corner of the video.

public parks. We considered that, despite the increasing prevalence of electric bikes, consumers … were unlikely to be aware that electric bikes that did not comply with the requirements of The … “Ebike” and that term, as well as “electric bike”, was repeated throughout