Are two-wheel electric bicycles a motor vehicle?

by:Mainbon     2021-10-15
Are two-wheel electric bicycles a motor vehicle? In daily life, there are frequent traffic accidents related to motor vehicles and two-wheeled electric bicycles, so does the two-wheeled electric bicycle belong to a motor vehicle in the legal definition? Since confirming whether it is a motor vehicle is of great significance to the division of liability for traffic accidents and related compensation responsibilities, it is necessary to distinguish between them. The following two-wheeled electric bicycles will take you to understand. 1. Is a two-wheel electric bicycle a motor vehicle? The basis for distinguishing whether a two-wheel electric bicycle is a motor vehicle is the 'Electric Bicycle Safety Technical SpecificationFrom the perspective of the new national standard, the national standard electric bicycle must meet the maximum speed of no more than 25km/h, the weight of the whole vehicle no more than 55kg, the battery voltage no more than 48V, the motor rated power no more than 400W, and must have pedal riding functions, etc. One of them will be defined as exceeding the standard electric bicycle. According to the new national standard, most of the two-wheel electric bicycles currently running on the road can easily be recognized as motor vehicles in accordance with the law. 2. Does the distinction between two-wheeled electric bicycles belong to the main legal significance of motor vehicles? 1) Is it necessary to be on the card? According to the relevant provisions of the Road Traffic Safety Law, my country conducts registration management of motor vehicles. In other words, if a two-wheeled electric bicycle is recognized as a motor vehicle, it must be registered and a license plate must be applied for. If you do not apply for a license, you may face administrative penalties from the transportation department. Of course, whether an electric bicycle can be licensed is also related to whether the electric bicycle company has 3C certification and electric motorcycle qualification. Therefore, it is recommended that users try to choose brands that already have 3C certification and electric motorcycle qualification to avoid the risk of not being licensed. 2) Is a driver's license required? According to Article 19 of the Road Traffic Safety Law, driving a motor vehicle must have a motor vehicle driving qualification, that is, obtain a driver's license. Once the two-wheeled electric bicycle you buy is recognized as a motor vehicle, you must have the appropriate driving qualifications to drive, otherwise you will face the risks associated with driving without a license. Three) Responsibility determination after a traffic accident? If a two-wheeled electric bicycle is recognized as a motor vehicle, the relevant responsibilities will be determined in accordance with the relevant provisions of Article 76 of the Road Traffic Safety Law in the event of a traffic accident. At the same time, because it is a motor vehicle, it is often involved in unlicensed driving and driving unregistered motor vehicles and other illegal activities, thereby increasing the driver's fault, and then detrimental to the electric bicycle party in the determination of liability. 3. Initiation of the motor vehicle identification procedure. In life, due to the general perception of society, two-wheeled electric bicycles are considered non-motorized vehicles. Therefore, after a traffic accident, both parties agreed to treat two-wheeled electric bicycles as non-motorized vehicles at that time. Therefore, the division of responsibilities and compensation will be carried out on this basis. Because the identification of whether two-wheeled electric bicycles are motor vehicles is not the mainstream in practice, most drivers do not know how to confirm motor vehicles. In practice, after a traffic accident, if the parties have objections to whether a two-wheeled electric bicycle is a motor vehicle, they have the right to apply for a motor vehicle appraisal to the handling traffic police for further confirmation. If the appraisal is not carried out at the time of the accident, the case enters the litigation procedure, and the appraisal can also be carried out in the litigation procedure. In practice, accidental two-wheeled motorcycles are often improperly kept and not qualified for identification. Therefore, after the accident, we must focus on retaining the accidental motorcycle to avoid falling into the dilemma of not being able to identify. In summary, the question of whether an electric two-wheeled motorcycle is a motor vehicle after a traffic accident is of great significance to the division of responsibilities, civil compensation, and administrative punishment. Rights are striving for, and there may be inconsistencies between the rights provided by the law and the status quo of rights in life. When an accident occurs, please choose to believe in the law in order to protect your legal rights and interests to the greatest extent. Some in society fail to claim corresponding rights after accidents, which leads to traffic accidents that are not handled in accordance with the law, which are not discussed in this article. The above is the content for everyone to introduce, you can learn more about it in detail, I hope it can help you. 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