E-bikes are gaining popularity in New South Wales. They offer an eco-friendly, efficient and enjoyable way to travel whether you’re commuting to work in Sydney CBD or exploring scenic countryside. Due to their capacity for prompt acceleration and excessive speed, e-bikes are strictly regulated in NSW for the safety of riders and people they come into contact with. In this edition of the Advantage Legal ‘Compensation Insider’ series, we explore the safety risks and NSW motor accident injury compensation consequences of modifying e-bikes beyond that permitted by regulation.
LEGAL E-BIKES
Legal e-bikes come in two forms: (i) Power-assisted pedal cycles and (ii) Electrically power-assisted cycles. As this area of the law continues to evolve with consumer demands, we recommend that any person considering purchasing an e-bike keep up to date with the current regulatory requirements by visiting the Transport for NSW website. The current regulatory requirements as at 1 July 2024 can be found here: https://www.transport.nsw.gov.au/roadsafety/bicycle-riders/ebikes.
UNDERSTANDING E-BIKE MODIFICATIONS
E-bike modifications range from simple cosmetic changes to complex alterations that enhance speed and power. Common modifications include removing speed limiters, upgrading motors, and altering battery systems. While these modifications may seem appealing to enhance performance, they pose serious safety and health risks.
Manufacturers design e-bikes to comply with specific safety standards and regulations. Modifying an e-bikes can disrupt their balance, stability and braking efficiency which have the potential to significantly increase their risk of being involved in an accident. Additionally, unauthorised modifications can void warranties and increase the likelihood of fire if a lithium ion battery is not being used in the manner as intended by the manufacturer.
THE DANGERS OF MODIFICATIONS
When you take into account that cyclists are typically only protected by a helmet, it is fair to say that a cyclist will face more dangers on the road than a typical motorist. With this context in mind, modification of e-bikes beyond the parameters imposed by law pose a significant risk to cyclist safety, but also to third parties who they may come into contact with.
Some of the main dangers that should be considered when modifying an e-bike include:
- They can become unpredictable and difficult to control, particularly when travelling at speeds beyond what was intended by the manufacturer; and
- Mechanical failures can occur, leading to a loss of structural integrity as the bike frame and components cannot handle the performance enhancements; and
- They can fail, explode or catch fire.
Each of these scenarios can result in serious injury or death.
LEGAL IMPLICATIONS IN CTP COMPENSATION CLAIMS
The legal consequences of e-bike modifications can be significant. In the event of an accident, a CTP insurer may scrutinise whether an e-bike has been modified as part of their liability investigation process. In circumstances where a modification has occurred and the insurer believes that the modification caused or contributed to the accident, it is plausible that liability for parts of a CTP claim may be denied or contributory negligence alleged.
A denial of liability has the effect of preventing any payments being made on a claim and an allegation of contributory negligence results in a reduction in the amount of compensation being paid. In circumstances where serious injuries have occurred, this can result in the loss of tens or even hundreds of thousands of dollars in lump sum compensation.
WHY SEEKING LEGAL ADVICE IS IMPORTANT
Navigating the complexities of motor accident injury compensation claims following an e-bike accident can be daunting, especially when a denial of liability or contributory negligence allegation has occurred. Whilst obtaining legal advice is not compulsory, if you find yourself in such a situation it is strongly recommended that you seek advice and do so promptly. An experience personal injury lawyer will offer comprehensive support, ensuring that your rights are protected and that you receive the compensation you deserve. This will include thoroughly investigating the circumstances of the accident, understanding the modifications made to your e-bike and determining whether the modification caused and/or contributed to the accident and injuries.
THE KEY POINTS TO REMEMBER
- Always maintain your e-bike in its original condition to ensure safety and legal compliance.
- E-bike modifications can severely compromise safety and lead to accidents.
- Unauthorised modifications can result in contributory negligence allegations or denial of liability in motor accident injury compensation claims, significantly compromising the amount of compensation recoverable.
NEED ASSISTANCE?
Advantage Legal’s Principal Solicitors are Accredited Specialists in NSW personal injury law and are the Exclusive Compensation Legal Partner of Bicycle NSW. We offer no-win, no-fee billing and guide you through every step of the compensation claim process including working with treatment and rehabilitation providers to fully understand how your injuries are impacting you. We also pay your upfront claim investigation fees such as specialist medical reports to ensure there is no financial burden on you throughout the progression of your claim, and only seek reimbursement at the successful conclusion of your claim.
This article is for educational purposes only and should not be relied upon as legal or financial advice. Readers should be aware that compensation law and policy documentation changes regularly and may impact the accuracy of the information contained within this article, which is current as at 1 July 2024. Any person relying on the information contained within this article does so at their own risk.