The Human Environment and Transport Inspectorate (ILT) has imposed an order subject to periodic penalty payments (LOD) of € 9 on 15.000 (internet) providers of 'fat bikes'. This is because they offer and/or sell mopeds that do not have a type approval.
This specifically concerns 'fat bikes': E-bikes with thicker tires that go faster than 25 km per hour with pedal assistance and/or have a power higher than 250 Watt and/or with which you can move forward without pedaling (for example by means of a throttle). The periodic penalty payment is imposed to ensure that the sale is stopped immediately and/or to prevent a recurrence in the future. If the violation continues, the ILT can impose a new order subject to periodic penalty payments.
“We are also concerned about road safety. The mostly younger users of such a 'fat bike' do not realize that it is not an electric bicycle, but a moped. And then driver's license, license plate, helmet and third-party insurance are mandatory. In that case it does not matter whether you use such a 'fat bike' on public roads or on private property. We believe that the sellers of such bicycles should take their responsibility. They must provide proper information to potential buyers and comply with laws and regulations.”
Moped
In November 2022, 27 internet providers of these 'fat bikes' received a warning from the inspection. The technical specifications showed that the vehicles offered cannot be regarded as an electric bicycle (bicycle with pedal assistance). Two-wheeled vehicles that go faster than 25 km per hour with pedal assistance and/or have a power higher than 250 Watt and/or that allow you to move forward without pedaling (for example by means of a throttle) are mopeds. They may only be offered/sold if they have an approval.
In addition, it is prohibited to drive such a 'fat bike' on public roads without a type approval, without a license plate, without liability insurance, without a driver's license and without wearing a helmet; the police enforce these rules. If each violation is assessed separately, the total fines can amount to € 1.400.
Intention
After the warning in November 2022, 15 providers have stopped offering/selling the 'fat bikes'. In April 2023, the remaining 12 providers received an order subject to periodic penalty payments; they were given the opportunity to respond. The procedure is still ongoing for 3 providers and 9 have received an order subject to periodic penalty payments from the ILT.
Supervision ILT
When vehicles such as mopeds are offered for sale, they must meet certain requirements. To find out which requirements apply, the technical specifications and purpose of the vehicle must be looked at. Manufacturers must ensure that vehicles such as mopeds meet the requirements of EU Regulation 168/2013, otherwise they may not be sold in principle, according to the ILT who oversees it.
