The Public Prosecution Service (OM) has ended the criminal investigation into La Souris, the owner of La Souris and Loocam. They were suspected of marketing fatbikes that did not comply with regulations. The ILT initiated a criminal investigation under the authority of the OM to prevent people from being endangered by the use of these fatbikes. For example, because they reached a much higher power than would be allowed. La Souris and Loocam have guaranteed the OM that the assembly process is organized in such a way that the power of the fatbikes does not exceed 250 Watts.
The criminal investigation focused on fatbikes that were marketed as electric bicycles. Various indicative tests showed, in the opinion of the ILT and the OM, that these specimens had such high power that they fall under the regulations for mopeds, which come with higher safety requirements.
No higher than 250 watts
The goal of the OM was to obtain from La Souris and Loocam the guarantee that the assembly process is organized in such a way that the power of the confiscated fatbikes does not exceed 250 Watts. La Souris and Loocam have provided that guarantee.
Control by ILT and NVWA
On that basis, the OM is ending the criminal investigation and proceeding to a policy dismissal. This means that the supervision of compliance with the prescribed (safety) regulations primarily lies with the supervising authorities ILT and NVWA. These authorities have sufficient means to take action when necessary in the interest of consumer safety.
When is a Fatbike a moped and not an electric bicycle?
A fatbike is considered a moped under the law if, for example, it goes faster than 25 kilometers per hour. But this is also the case if the fatbike has a power of more than 250 Watts and/or goes faster than 6 kilometers per hour without pedaling.