The rise of illegal e-bikes and dirt bikes… what does the law say?

We’re not talking about all cyclists. This isn’t about the commuters or weekend strollers who most of the time act responsibly, wear helmets and take care with their speed. 

However the rise in e-bikes and dirt bikes over recent years has seen more people putting themselves - and others - at risk. 

Speeding through streets, performing stunts in public spaces. Showing a total disregard for safety. 

Then there is the issue of illegal or modified e-bikes. These riders bypass speed limits, ignore the law and create even more risks for pedestrians and other road users. 

Last year saw numerous reports of incidents related to these types of reckless riders. 

In August 2024 a Fife councillor was assaulted by a dirt bike rider, then on Christmas Day, a quad biker was seen tearing up the Meadows in Edinburgh.

What does the law say about dirt bikes and e-bikes?

Dirt bikes, quad bikes and similar 'off-road' vehicles are legally seen as motor vehicles. That means they need to be registered, insured and taxed like any other motor vehicle. All of them also require a license if ridden on anything other than private land with landowner permission.

When it comes to e-bikes, the electrically assisted pedal cycle (EAPC) regulations qualify a safe e-bike as:

• being equipped with pedals that propel it
• feature an electric motor with a maximum continuous rated power not exceeding 250 watts
• and stops electrical assistance when the bike reaches a speed of 15.5mph

If your e-bike doesn't meet these conditions, it's treated as a motor vehicle. The rider needs to have the e-bike registered, insured, and taxed as a motor vehicle and hold a valid driver's license. They also need to wear an approved motorcycle safety helmet. 

Failure to do the above is a criminal offence.

According to figures from Police Scotland, 281 electric bikes and scooters were confiscated between January and September 2024 after being used unlawfully on public roads.

Yet when it comes to actual prosecutions, the picture is far less clear. 

Can't we just stop people buying them?

The short answer is no. 

When you go to buy a dirt bike, there aren’t any checks carried out by the seller on if you hold a license, insurance or if you even have private land to run it on (remember this is the only place it can be legally ridden). 

This seems odd when you think about the process of buying a car. We're usually required to produce various documents, and things like tax and MOT are commonly included to make sure everything is road-legal and regulated.

While the idea of a ban might seem like a quick fix, it would unfairly affect thousands of other responsible users who ride in designated places and use their e-bikes appropriately. 

What to do if you are injured by an illegal rider

You may still be able to claim compensation if an illegal rider has caused you injury, even if they’re uninsured, thanks to the Motor Insurance Bureau (MIB). 

The MIB is an organisation funded by insurers to compensate those injured by uninsured or untraced drivers. For instance if a pedestrian, cyclist or other driver is injured by a dirt biker or illegal e-biker then the MIB would most likely provide the route to recover fair compensation.

Unfortunately illegal riders have given e-bikes a negative reputation even though legal ones can help people with mobility issues and offer a greener, cheaper commuting option.

But that is only when they are used responsibly. Those responsible riders and the legally compliant bikes are not the problem.

As with most road traffic accidents, it comes down to driver behaviour. 

Without proper enforcement it seems that drivers feel they can get away with anything but the truth is that both the police and courts have the authority needed to tackle this. 

It is about time they used it to keep our streets safe.