Pedelec mit ausschaltbaren Gasgriff/Daumengas legal?

Ich habe ein elektrisches Fahrrad das in der Lage ist 50km/h zu fahren und über einen funktionierenden Gasgriff verfügt. Über ein permanent am Fahrrad angeschlossenes Display kann das Fahrrad programmiert werden. So kann ich unter anderem die Höchstgeschwindigkeit auf maximal 25 km/h setzen und den Gasgriff ausschalten (so, dass nur Tretunterstützung bis 25km/h funktioniert). Das ändern der Einstellungen über das Display, kann während der Fahrt getätigt werden und dauert keine 10 Sekunden.

Meine Frage ist nun, ob ich das Fahrrad legal in Deutschland als Pedelec (also auf Radwegen, ohne Versicherungsschutz und ohne Kennzeichen), mit meinen Einstellungen: max. 25km/h und Gasgriff ausgeschaltet) fahren darf?

Und wie gesagt, das umprogrammieren ist nur ein paar Knöpfe drücken, also könnte ein Polizist in einer Kontrolle ja immer behaupten, ich hätte das Fahrrad gerade auf eine legale Geschwindigkeit umgestellt.

(3 votes)
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RedPanther
1 year ago

What is crucial is what is technically possible for the vehicle when you are on the move.

And the case is very simple: it is possible to activate a “mofa mode” that has nothing to do with a bicycle. So it’s also a mofa and not a bike.

No matter what mode you are usually on the move and whether you promise not to use the Mofa mode. It can be activated, point.

So a policeman in a control could always claim that I had just turned the bike to a legal speed.

He doesn’t need it. As stated, if the Mofa mode is up to 45 km/h existsIt doesn’t matter if you’re only 25 km/h.

____

So pure from the logic: You can also not drive an unthrottled 1000 ccm motorcycle with the Mofa test certificate if you only drive 25 km/h.

dvdfan
1 year ago

What you have is an e-bike with “Pedelec function”. The 50 km/h after display will be 45 km/h.

This requires an insurance license and at least the AM guide license.

The switchable function does not make it easy to pedelec because this is not a permanent setting.

Bomberos911
1 year ago

Interesting question…

If you can switch from legal to illegal during the drive by pressing a button, the vehicle will certainly not be considered admissible. No matter what mode you’re driving.

If you have an electronic choke inside that can only be deactivated at the stand/in the garage, it may look different. I think that would be similar to the scooter: they are also throttled and therefore permissible. The fact that the throttle can be extended/changed by means of appropriate rum bases does not change the admissibility.

migebuff
1 year ago

§63a StVZO:

(2) The bicycle shall also be a vehicle as defined in paragraph 1, equipped with an electric pedal aid equipped with an electric motor auxiliary drive with a maximum rated power of 0.25 kW, the support of which is progressively reduced with increasing vehicle speed and is interrupted when a speed of 25 km/h is reached or when the driver is in contact with the pedal or crank. The requirements of the sentence 1 are also met when the bicycle has an auxiliary drive within the meaning of the sentence 1, which allows acceleration of the vehicle to a speed of up to 6 km/h, even without simultaneous pedaling or cranking of the driver (starting or sliding aid).

Since your motorcycle runs up to 50 km/h, the maximum rated power of 0.25 kW is not met.

Furthermore, it is said that the support must be interrupted when 25 km/h is reached, and not that it merely has to be set in such a way that it is interrupted at 25 km/h. Same in the auxiliary drive. It must be switched off at 6 km/h without, if and but not just being temporarily set.

Leestiger
1 year ago

No!

Gas handle?- already lost!

Support over 25km/h? – lost again!

Leestiger
1 year ago
Reply to  DerBaron442

After your argument, you can also drive a motorcycle with a Mofa test certificate as long as you don’t drive faster than 25…

Recognizing mistakes?

Eckengucker
1 year ago
Reply to  DerBaron442

it is not about the actual speed you drive or about the setting you plan, but on the one hand about the design-related, i.e. possible maximum speed, which in this case is even above the permissible maximum of the S-Pedelec (which also need an insurance mark and must not drive on the bike path) as well as the fact that it is possible at all to drive the bike without pedal support. These vehicles are no longer regarded as pedelec, without if and but.

Leestiger
1 year ago

And you got that in writing?

So if a badly trained officer gives you such an information?

What do you mean how many times this excuse comes?

If you are stopped (The Handgas just asks out that it is looked after!) the part will be ensured, a reviewer will look at this and no matter what you’re talking about by a policeman who has allowed you this you will get a penalty for driving without a driving permit and slash against the mandatory insurance law! The approximately 800€ for the reviewer will of course go to you!

Eckengucker
1 year ago

If you rebuild a normal pedelec to drive it faster, that’s illegal. As far as you have understood, it is about the allowed upper limit, even if some are actually 3 or 4 km faster, it seems to be within the framework.

However, Dr Umbau not only results in OWIs, but in terms of insurance law, this is actually a criminal offence under the insurance obligation.

Pedelecs, eScooter and these street scooters are actually “exceptions” from all other prohibitions that have arisen due to the pressure of the economy and permissions in other EU countries. The reason for the rebuilding bans are not now purely insurance concerns, but also construction engineering. The brakes, the suspension, etc. are not designed for this purpose.

And once more simply explained, everything with “gas train” is no longer a pedelec. Support only up to 25km/h and only with “support by the driver”.

And there is still something for foreign imports: if there is no general German licence, a single assessment by the TÜV is required. Otherwise, you can’t get an admission and then you can’t get insurance. And this approval at 50 km/h could succeed – but only as a motorcycle. The consequences are e.g.

– Driving on the cycle path/forest/other paths is not allowed, only on the road

-AM driving permit, if not already in the driving licence

gri1su
1 year ago

It’s not about how fast you actually are. It is a question of the technical possibility of increasing speed to an unacceptable degree. And it’s about you being on the go, if necessary without insurance cover.