Cabinet must compensate users of light cargo bike involved in fatal crash

The Council of State, the highest administrative court in the country, ruled that the Ministry of Infrastructure and Water Management must pay compensation to the users of the "light" Stint cargo bikes with an 800-watt electric motor. The manufacturer of the Stint is also entitled to at least partial compensation for the damage for that type of Stint.

The Council of State cannot oblige the Minister to compensate damage for users of "heavier" stints with an electric motor of 1,200 watts. These higher-powered stints were never officially allowed to drive on public roads, but they did so for years. The users cannot be blamed for this because it was not clear to them and did not have to be that only the light Stint was allowed on the road. Therefore, the Administrative Jurisdiction Division called on the Minister to consult with the users of these heavier Stints about compensation. 

The Cabinet decided to take the electric cargo bike off the road after a fatal accident in 2018, in which four children were killed. The Stint had problems with the brake.

The court ruled in March this year that the State should have immediately offered compensation to schools because they had to purchase replacement transport due to the decision. The judge also found that the Minister made mistakes in the 2011 decision to allow the Stint on public roads, especially during the technical inspection. The Cabinet appealed the ruling. 

The then Minister Cora van Nieuwenhuizen (Infrastructure) thought that the Stint should be removed from the road immediately for safety reasons. Therefore, there was no time to await the compensation procedure, according to her.