Can Enschede ban fat bikes?
In the media image: Lucas on Unsplash
Enschede is the first Dutch municipality to ban fat bikes for better road safety. Professor Geerten Boogaard warns of legal risks: 'Municipalities can’t easily create their own traffic rules – that’s generally not allowed,' he tells RTV-Oost.
The ban on fat bikes in Enschede applies during shop opening hours and applies to fat bikes with tires thicker than seven centimetres and an electric motor. The Dutch Public Prosecution Service has already reported that the police will not hand out fines because the fat bikes fall under the same category as other electric bikes with pedal assist according to the Road Traffic Act.
Boogaard doubts whether a complete ban will hold up legally. 'What if a fined cyclist challenges the penalty in court? Then it’s anyone’s guess which way the decision will go.’ If the court sides with the municipality, similar bans are likely to spread to many more Dutch towns. The real test will come when a case actually comes before a court.