Can you still sell an electric bike with a speed limiter in Belgium?
With the wind in your hair and Belgian traffic gliding by effortlessly, it’s no wonder that e-bikes have taken our bike paths by storm in just a few short years. But for some cyclists, the 25 km/h speed limit just isn’t enough. The temptation is strong: a tuning chip or a simple adjustment via an app, and your e-bike suddenly reaches 35 or even 45 km/h.
Except that sooner or later, the awkward question comes up: Can you still resell this modified e-bike? Maybe you want to switch to a different bike, or perhaps police checks using the new mobile roller test stands are putting a little too much pressure on you. In this article, we’ll dive into Belgian law, the legal risks, and the technical consequences of selling or buying a modified e-bike. And the rules are stricter than most people realize.
What You Need to Know Right Away
- Legal ban on sales: Selling an unregulated electric bicycle is illegal in Belgium. As soon as the motor assistance exceeds 25 km/h, the vehicle becomes an unregistered moped.
- Liability of the private seller: Selling a modified e-bike without disclosing this fact constitutes a latent defect (Art. 1641 of the Civil Code). The buyer may cancel the sale and hold you liable in the event of an accident.
- Heavy penalties and denied insurance coverage: a fine of up to €1,000, confiscation of the bicycle, and possible community service—and family insurance will not cover any claims in the event of an accident.
What does Belgian law say about the sale of a speed-limited electric bike?
In Belgium, the regulations governing electric bicycles clearly distinguish between three categories. A standard e-bike—officially known as an “electric-assist bicycle”—may provide pedal assistance only up to a maximum speed of 25 km/h, with motor power limited to 250 watts. The motor must operate only when you are actively pedaling.
As soon as these limits are bypassed using a microchip or software hack, your electric bike automatically becomes a Class A or B moped—depending on the speed reached—or even a speed pedelec.
The Headache of Certification and the DIV
That is precisely where the problem lies when it comes to reselling the vehicle. A moped or speed pedelec must have a certificate of conformity (COC) in order to be registered with the Vehicle Registration Office (DIV) and receive a license plate.
Since a standard e-bike does not have this specific moped certification, it is simply impossible to legally register an unrestricted bicycle. Selling or placing on the market a vehicle that lacks the required European type approval constitutes a serious violation of the Belgian Highway Code and product safety legislation. By modifying and then reselling the bike, you are, in fact, considered by law to be the “manufacturer” of the vehicle: all liability for the product then falls on you.
In fact, organizations such as TRAXIO are actively warning bike dealers and consumers against these practices. While purchasing a simple chip is not, for the time being, prohibited in and of itself, reselling a bike once it has been tampered with and riding it on public roads is indeed prohibited.
Technical Risks: Why Modifications Cause Your E-Bike to Wear Out Prematurely
An urban e-bike or a traditional fatbike simply isn't designed to handle sustained speeds of 35 to 45 km/h.
- Underpowered brakes: Braking systems are calibrated to safely stop a bicycle from 25 km/h. At higher speeds, the braking distance increases exponentially, which can be dangerous in an emergency.
- Metal fatigue and breakage: Higher-speed impacts place much greater stress on the frame, fork, and critical handlebar and seat bolts, increasing the risk of sudden failure.
- Battery and motor wear: To drive faster, the motor must constantly operate at its absolute limit. This generates excessive heat in the battery and the electronics, which significantly reduces their lifespan and increases the risk of fire.
The Digital Footprint That Can't Be Erased
Some people think they can outsmart the system by quickly removing the tuning chip before reselling the bike or taking it to a mechanic. That’s a mistake. Modern motors, including those from Bosch and Shimano, now come equipped with sophisticated anti-tuning software.
Systems such as the Bosch Smart System immediately detect any tampering, switch the engine to reduced-performance mode, and permanently record the error in the engine’s digital memory. Even after removing the physical chip, a mechanic can directly read the tuning history using diagnostic software, which automatically voids the manufacturer’s warranty.
The Hidden Legal Pitfall in a Sale Between Private Individuals
This is an aspect that is often overlooked in Belgium, but it has enormous consequences for individuals who sell their modified e-bikes through platforms like 2ememain.be or Facebook Marketplace.
Many people think that consumer protection applies only to in-store purchases. But the Belgian Civil Code also protects buyers in transactions between private individuals through its rules on hidden defects (Article 1641). If you’re selling your bike on your own, it’s a good idea to know how to sell your electric bike safely to avoid any disputes.
Nonconformity and Hidden Defects
When selling an electric bike, you are legally required to provide a product suitable for normal use on public roads. However, an unregulated electric bike does not belong on the road and is therefore, legally speaking, not suitable for normal use. If you do not explicitly inform the buyer of this, it constitutes a hidden defect. The buyer may then demand that the sale be voided, return the bike, and receive a full refund of the purchase price.
Personal Liability in the Event of an Accident
The real worst-case scenario occurs when there’s an accident resulting in personal injury. Imagine this: the new owner causes an accident with the modified e-bike you sold them, injuring a pedestrian or another cyclist. The police will immediately impound the bike for a technical inspection and discover the modifications.
The buyer’s family insurance will immediately refuse to cover the damage, since the vehicle is illegal—a point we also discuss in detail in our article on e-bike insurance in Belgium. The buyer will then have to bear the cost of any claims alone, which can amount to several hundred thousand euros in the event of serious injuries. If the buyer can prove, through messages or a listing, that you sold them the modified bike without disclosing this fact, they can take legal action against you and hold you jointly liable. As the seller, your entire financial future is then at stake.
The Safest Way: How Upway Ensures Its Refurbished Bikes Are 100% Legal
With the trend toward removing speed limits, buying or selling a used e-bike today comes with its share of risks. Fortunately, there’s a completely reliable alternative: choosing a certified e-bike from refurbished at Upway.
Upway specializes in refurbishing and restoring high-end electric bikes. We do not tolerate any form of illegal modification. Every bike that enters our workshop undergoes a rigorous 20-point inspection performed by professional technicians:
- In-depth software diagnostics: We review the engine's complete history to detect any tuning or firmware modifications.
- Physical inspection: We check the wiring, sensors, and engine control unit for any physical tuning modules.
- Restoring Factory Settings: If tampering is detected, our technicians immediately restore the device to its factory settings and install the latest official firmware. The assistance then stops, as it should, at 25 km/h.
Every Upway bike comes with a detailed battery analysis report and our one-year warranty. This means you’re riding a bike that’s fully legal and safe, and is easily covered by your family’s insurance.
Still want to ride faster—and stay within the law? Check out our selection of refurbished speed pedelecs. These bikes are designed to reach 45 km/h. With a Helmet, an AM or B driver’s license, and proper registration with the DIV—you’ll find all the necessary steps in our guide to selling a speed pedelec —you can ride at full speed while fully complying with Belgian law.
Standard e-bike or " speed pedelec ": The Legal Differences at a Glance
| Criteria | Standard e-bike | Speed pedelec |
|---|---|---|
| Maximum assisted speed | 25 km/h | 45 km/h |
| Maximum engine power | 250 W | 250 to 500 W |
| DIV Registration | Not required | Mandatory |
| Liability Insurance | Not mandatory | Mandatory |
| Helmet and permitted | Not required | Helmet Required: AM or B driver's license |
Hanna's Tip: Before buying a used e-bike from a private seller, always ask to see the maintenance history and, if possible, have a certified bike mechanic check the motor. This is the only way to be sure that nothing has been tampered with under the hood. Or simply opt for a bike that’s already been inspected and comes with a warranty, like the ones we offer at Upway.
Frequently Asked Questions About Selling a Modified Electric Bike in Belgium
Is the sale or purchase of a single tuning kit a criminal offense in Belgium?
No, buying or selling a simple tuning chip is not currently prohibited in Belgium. However, the law prohibits its use on public roads. Selling an electric bike that has already been modified to exceed speed limits is, however, a punishable offense, since the vehicle no longer meets the certification standards for a bicycle.
What fines might I face in Belgium for riding a speed-limited e-bike?
In Belgium, the penalties for riding an unregulated electric bicycle are severe. If you are stopped during a traffic stop on a public road, you could face a fine of 116 to 1,000 euros, immediate impoundment of the bicycle, and, in serious cases, community service or a driving ban imposed by the police court.
Does my family's insurance cover damage caused by a modified electric bike?
No. Family insurance only covers damage caused by legally permitted bicycles. As soon as the e-bike’s speed limit is removed, coverage is completely void. You will then be responsible for paying all medical expenses and property damage incurred by the other party out of your own pocket.
Can a mechanic tell that my e-bike has been modified if I remove the chip?
Yes. Manufacturers like Bosch permanently record tuning attempts and abnormal speed settings in the engine's digital log. Even after removing the physical chip, a mechanic can directly read the tuning history using diagnostic software, which voids the manufacturer's warranty.
How can you be sure that a used e-bike purchased from a private seller hasn't had its speed limit removed?
When buying from a private seller, it’s hard to verify this without diagnostic software. You can ask the seller to have the bike inspected at an authorized dealer before purchasing it. However, the safest option is still to buy from Upway : all our e-bikes are inspected by experts, completely free of any unauthorized modifications, and come with a one-year warranty.
Written by: Hanna Stevens | Published on: August 11, 2026 | 9-minute read
About the Author: Hanna Stevens
Hanna is a cycling enthusiast who loves discovering new routes and sharing her experiences to inspire more people to get around by bike.