A landmark District Court case means users of e-bikes involved in collisions with other road users may be held liable for any injuries caused.
Karl Leonard, whose leg was broken after an e-bike collided with him while he was out jogging in Co Dublin, took a private prosecution after alleging gardaí failed to properly investigate the incident and sent no file to the Director of Public Prosecutions.
Mr Leonard, of Balglass Road, Howth, has complained to Fiosrú, the new Garda complaints body, about that alleged failure. He is separately pursuing a personal injuries damages claim over the collision on August 4th last.
At Dublin District Court on Wednesday, e-bike rider Stephen Dunne, of Russell’s Terrace, Kettles Lanes, Drynam Hall, Swords, was fined €250 after pleading guilty to careless driving contrary to section 52 of the Road Traffic Act 1961, having initially been prosecuted for alleged dangerous driving contrary to section 53.
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Dunne, a father of three on Jobseeker’s Allowance, had stayed at the scene of the collision, sought to assist Mr Leonard and was very upset and remorseful, Judge Anthony Halpin was told.
A core issue in the case was whether the e-bike was not only a “vehicle”, which is all that is required for a prosecution for careless or dangerous driving, but also whether it was a mechanically propelled vehicle (MPV).
Section 3.1 of the Act defines an MPV as one, inter alia, intended or adapted for propulsion by mechanical means, including a bicycle equipped with an auxiliary electric motor greater than 0.25 kilowatts.
Mr Leonard claimed the specifications of the e-bike, including having a 750W (0.75 kilowatt) brushless motor and maximum speed of 20-25km per hour, meant it was not only a vehicle, it was also an MPV.
On Wednesday, barrister David Staunton, for Mr Leonard, said it was accepted that Dunne had been driving an MPV.
[ New roadside Garda checks planned for powerful e-bikes and e-scootersOpens in new window ]
The significance of the e-bike being an MPV means the user is required to be insured.
The outcome of the private prosecution clears the way for Mr Leonard to proceed with his personal injuries action against Dunne. Mr Leonard also intends to join the Motor Insurers Bureau of Ireland (MIBI) to the case because Mr Dunne was not insured to drive the e-bike.
The MIBI, which is funded by driver motor insurance policies, is generally sued in actions where a defendant driver of an MPV is uninsured or their identity is unknown. The bureau often settles cases but has the option to pursue uninsured drivers for recovery of any monies paid.
A senior legal source said Mr Leonard’s case is significant in two respects.
“It is the first time a litigant took a private prosecution over an e-bike collision in a situation where gardaí did not properly investigate, seemingly because of a widespread misunderstanding of the current legal status of an e-bike for the purpose of the Road Traffic Act,” he said.
Dunne’s admission, as part of his guilty plea, that the e-bike is an MPV is very significant when it comes to liability, the source said. “Users of e-bikes need to understand they can now be held liable for such incidents.”
