Chamber and committees

It is not possible to separately identify prosecutions under the Road Traffic Act 1988 that specifically relate to the illegal use of e-bikes. While the Act does not explicitly mention e-bikes, their illegal use may be prosecuted under a variety of offences. However, the Criminal Proceedings dataset does not hold this level of detail.

Enforcement of traffic offences, including the illegal use of e-scooters and electric bikes, is an operational matter for Police Scotland, with oversight provided by the Scottish Police Authority which operates independently of Scottish Ministers.

The Scottish Government fully supports Police Scotland and its partners in dealing with the misuse of such vehicles. Local policing teams are ideally placed to identify where the misuse of such vehicles is causing distress to the public and ensure that those areas can be prioritised to prevent future incidents.

Police Scotland issued communications before Christmas, reminding people to consider the legal implications when purchasing an electric scooter or e-scooters. It urged people to be cautious when buying electric bikes or e-scooters reminding the public that some models may not be permitted for use on public roads and that anyone found riding a non-compliant e-bike or e-scooter on a public road will likely have it seized by officers, with a significant cost to the owner. It highlighted that further information on the use of electric bikes is available at: https://www.gov.uk/electric-bike-rules.

Legislation surrounding the use of e-bikes and the penalties for misuse is a reserved matter for the UK Government. For an e-bike to be legal for use in the UK, they must meet the criteria of an electrically assisted pedal cycle and the electric motor should not be able to propel the bike when it’s travelling more than 15.5mph, with a maximum power output of 250 watts. This ensures speeds similar to that of other bicycles.

From January 2024 and the end of September 2024 Police Scotland made 281 seizures of illegal ebikes. It is every road and path users responsibility to respect others and the Highway Code outlines both rules and guidance for everyone.

This information is not collected by the Scottish Government but The Scottish Government’s Community Safety Policy team has recently received one piece of correspondence concerning a collision involving an e-bike in the Aberdeen area.

Officials are working collaboratively with the UK Government to understand potential legislative change in this area.

I refer the member to the answer to question S6W-32699 on 10 January 2025. All answers to written Parliamentary Questions are available on the Parliament's website, the search facility for which can be found at https://www.parliament.scot/chamber-and-committees/written-questions-and-answers.

The Scottish Government does not hold this information. I have asked Police Scotland to write to you on this matter.

The Scottish Government maintains contact with the UK Government on the shared challenge of tackling illegal e-bikes. The Scottish Government has noted the work undertaken by the UK Government through its Defence and Security Accelerator to undertake research on technology to tackle e-scooter and e-bike enabled crime, including technology to bring these vehicles to a controlled stop in a manner which does not pose a significant risk to the rider, the public or police officers.

Data on collisions which cause injury and take place on the road network, including adjacent pavements and cycle lanes, is collected by Police Scotland as part of the GB-wide dataset known as STATS19.

Within STATS19, vehicles involved in injury road collisions can be recorded as ‘bicycle’ or ‘electric motorcycle’. However, there is currently no systematic way of determining which of these vehicles would be described as illegal e-bikes.

This information is not held by the Scottish Government. When local authority trading standards services find products that are non-compliant with the relevant product safety legislation this should be input into the Product Safety Database. This is operated by the UK Government’s Office of Product Safety and Standards.

Data on collisions which cause injury and take place on the road network, including adjacent pavements and cycle lanes, is collected by Police Scotland as part of the GB-wide dataset known as STATS19.

Within STATS19, vehicles involved in injury road collisions can be recorded as ‘bicycle’ or ‘electric motorcycle’. However, there is currently no systematic way of determining which of these vehicles would be described as illegal e-bikes.