Does the motor insurance directive cover electric scooters and e-bikes?

What the Law Says

The EU Motor Insurance Directive sets minimum requirements for compulsory insurance of motor vehicles, but its scope hinges on how each Member State defines 'motor vehicle'.

The Motor Insurance Directive (2009/103/EC) requires compulsory third-party liability insurance for all 'motor vehicles' used in the EU. However, it does not define 'motor vehicle' itself — instead, Article 1(1) defers to national law: '“motor vehicle” means any motorised vehicle intended for travel on land and propelled by mechanical power, excluding vehicles running on rails, and any trailer, whether coupled or not.'

Crucially, Recital 8 clarifies that 'the definition of “motor vehicle” is left to national law, provided that it complies with the general principles of EU law, including proportionality and non-discrimination.' This means electric scooters and e-bikes fall outside the Directive’s mandatory coverage unless a Member State explicitly includes them in its national definition.

For example, under EU Regulation (EU) No 168/2013, pedal-assisted e-bikes ('pedelecs') with max speed ≤25 km/h and motor power ≤250 W are excluded from the 'motor vehicle' category altogether — and thus fall outside the Directive’s scope.

Statutory Text

"motor vehicle" means any motorised vehicle intended for travel on land and propelled by mechanical power, excluding vehicles running on rails, and any trailer, whether coupled or not.

— Directive 2009/103/EC, Art. 1(1) — Definition of motor vehicle

Statutory Text

the definition of “motor vehicle” is left to national law, provided that it complies with the general principles of EU law, including proportionality and non-discrimination.

— Directive 2009/103/EC, Recital 8

Sources