In the current year there have been more and more articles in the media about the unauthorised speeding up of e-bikes. The Association of Swiss Bicycle Importers ans producers Velosuisse has commissioned a legal expert opinion which examines in particular the question of liability of a specialist bicycle dealer who repairs a souped-up e-bike. It states that: «The dealer has an increased obligation by law to provide information and advice.»
(SFVE) E-bikes are in vogue. They have been recording the highest growth rates in the Swiss bicycle market for years. Last year alone, a handsome 16.3 percent increase in sales was achieved. This corresponded to a new sales record of almost 90`000 units. The lion's share, around three-quarters, are e-bikes in the slow class, which electrically support pedal power up to 25 km/h. Before the legislator they were considered light motorbikes and are equal to bicycles in most respects. They do not have to be registered and there is no obligation to wear a helmet - in contrast to the fast category, where the electric motor can assist up to 45 km/h.
Anyone who makes his or her slow e-bike faster is not only violating the Road Traffic Act (SVG) and the Ordinance on Technical Requirements for Road Vehicles (VTS), but possibly also other regulations. He or she is liable to prosecution and may also be liable under civil law.
In principle, the rider of an e-bike on public roads is responsible for ensuring that his or her vehicle is in proper and safe operating condition. But what about the question of liability if a modified e-bike is repaired by a specialist dealer? Is the dealer also liable to prosecution if the e-bike is subsequently moved on public roads?
velosuisse has drawn up an information sheet on the basis of the report with the following content:
The maintenance or repair of an electric bicycle where the dealer knows at the time of placing the order that it has been technically modified in an unauthorised manner is not prohibited. However, when accepting the repair, the dealer must inform the customer that the technical modification is not permitted and that the customer may only ride this bicycle on private ground. The dealer is recommended to record this notice in writing for reasons of evidence and to have the customer sign it.
The duty to inform applies to the specialist dealer and also to his employees. If the customer refuses to sign the written declaration, the order must be rejected. In order to avoid being classified as a manufacturer within the meaning of the Product Safety or Product Liability Act, the dealer should not affix his own company/brand name to such vehicles.
The situation is similar if the specialist dealer only notices the technical change after the order has been placed: The specialist dealer must inspect the bicycle during maintenance or repair to ensure that it is in a condition suitable for road use and in accordance with the regulations. If he/she discovers that unauthorised technical modifications have been made to the vehicle or that it has other defects, he/she must inform the customer immediately. To this end, he should note the Customer's telephone number and/or e-mail address when accepting the order. The dealer should record the result of the exchange in writing. Whether maintenance and repair should be carried out if the customer cannot be reached must be decided on a case-by-case basis. In case of doubt, the repair order should be completed.
It is recommended that the dealer obtain a written and signed confirmation from the customer upon delivery of the vehicle. If the customer refuses to sign, the dealer should record and sign this in writing. If a third person is present, this person should also sign as a witness. It is also possible to send an e-mail to the customer or a registered letter to the customer.
Under no circumstances may the bicycle dealer modify an e-bike in a way that is contrary to the regulations. Such orders must be rejected urgently. The specialist dealer is also not allowed to rent, sell or otherwise put vehicles into circulation that have already been modified in an illegal manner. If the specialist dealer makes technical changes in a way that complies with the regulations, he becomes the manufacturer according to the Product Safety and Product Liability Act. He must comply with the legal requirements and is liable to the customer and third parties for the safety of the product. By contrast, the mere maintenance or repair of a vehicle does not make the dealer the manufacturer.