The following text in its entirety is from the Dft Factsheet titled : "Electrically Assisted Pedal Cycles (EAPCs) in Great Britain" which can be downloaded as a PDF file from the dft website.
Statement The
legislative requirements for certain types of Electrically Assisted
Pedal Cycle (EAPCs) have changed in recent months. European Community
Directive 2002/24/EC came into force on 9 November 2003 and this has
resulted in uncertainty regarding the use and construction of EAPCs in
Great Britain. This fact sheet provides our view of the current
situation but should not be taken as definitive legal advice as this is
a matter for the courts.
1. Effect of The Electrically Assisted
Pedal Cycles Regulations 1983 – Statutory Instrument 1983 No.1168 and
The Pedal Cycles (Construction and Use) Regulations - 1983 Statutory
Instrument 1983 No. 1176 together “the Regulations”.
An
Electrically Assisted Pedal Cycle which complies with the technical
requirements in SI 1983/1168 (an “EAPC”) is not considered to be a
motor vehicle within the meaning of The Road Traffic Act 1988. An EAPC
is not required to be registered, have a vehicle licence or a nil
licence, pay vehicle excise duty (road tax) or be insured as a motor
vehicle. An EAPC cannot be ridden by anyone under the age of 14 years.
The
Regulations apply to bicycles, tandem bicycles and tricycles fitted
with pedals by means of which it is capable of being propelled. If the
vehicle is to be regarded as an EAPC the motor assistance must be
provided by an electric motor and not by an internal combustion engine.
The electric motor must not be able to propel the machine when it is
travelling at more than 15mph.
Furthermore, in order to be an EAPC within the meaning of SI 1983/1168, the vehicle must also meet the following requirements:
Maximum kerbside weight (not including rider) shall not exceed:
The
Pedal Cycles (Construction and Use) Regulations 1983 (SI 1983/1176)
imposes construction and use requirements for pedal cycles and EAPCs.
2.
The effect of the European Community Directive 2002/24/EC – the
amending framework Directive for European Community Whole Vehicle Type
Approval (ECWVTA) of powered two and three- wheeled vehicles
European
Community Directive 2002/24/EC sets out harmonised technical
construction standards for powered two and three-wheeled vehicles,
including quadricycles (small four wheeled vehicles of limited mass and
power). It is implemented in the UK by the Motor Cycles Etc. (EC Type
Approval) Regulations 1999 (SI 1999/2920) as amended. The system of
ECWVTA normally applies to volume produced vehicles with manufacturers
issuing a Certificate of Conformity (“CoC”) in compliance with a type
approved model. This provides a route for the vehicle to be registered
and enter into service. An alternative approval route for vehicles is
by way of the Motorcycle Single Vehicle Approval (MSVA) scheme under
The Motor Cycles Etc. (Single Vehicle Approval) Regulations 2003 (SI
2003/1959). This scheme provides for the approval of individual
vehicles on the basis of an inspection, resulting (where appropriate)
in the issue of a Minister's Approval Certificate (“MAC”).
The
Directive includes within its scope low powered mopeds that may also be
similar in definition to EAPCs. These are vehicles with pedals and
fitted with an auxiliary electric motor having a continuously rated
power output not greater than 1.0kW, capable of speeds not exceeding
25km/h.
However, there are certain vehicles in this category
which may be regarded as EAPCs and are exempt from both ECWVTA and
MSVA. These are cycles with pedal assistance and an electric motor
having a maximum continuous rated power output of not more than 0,25kW
where the electrical assistance is cut off when the machine reaches a
speed of 25km/h or where the cyclist stops pedalling. The exemption
applies to two, three and four wheeled vehicles. Exempt EAPCs do not
need a CoC or a MAC.
A vehicle is not exempt from ECWVTA or MSVA
if it is fitted with pedals and a motor that can provide power
assistance at any time without the rider pedalling (see also section 3
below).
However, if such vehicle (i.e. one which is able to
provide power assistance without the rider pedalling) is an EAPC, our
understanding is that the appropriate authorities (i.e. Trading
Standards) are unlikely to take action to prevent the sale of these
vehicles simply on the ground that they have neither a CoC or MAC. But
they must conform to the appropriate safety and construction and use
Regulations/Directives cited in this fact sheet. Nevertheless, if you
are a dealer intending to supply such vehicles elsewhere in the
European Community or the European Economic Area, it may be advisable
to consider obtaining ECWVTA.
3. Vehicles outside the requirements of The Electrically Assisted Pedal Cycles Regulations 1983
Any
vehicle outside the scope of The Electrically Assisted Pedal Cycles
Regulations 1983 due to the motor power output, speed up to which power
can be provided, weight, or that do not have pedals by means of which
the machine can be propelled, are considered to be motor vehicles. They
will need to be registered, licensed and taxed, insured and the rider
will need an appropriate driving licence and wear a motorcycle safety
helmet.
Four wheeled vehicles and vehicles propelled by an internal combustion engine are also considered to be motor vehicles.
Machines
resembling a child’s scooter but which are fitted with either an
electric motor or an internal combustion engine, have been determined
by two High Court judgements to be motor vehicles within the meaning of
The Road Traffic Act 1988.
4. Other legislation
EAPCs may
also need to comply with the Electrical Equipment designed for use
within certain Voltage Limits Directive 73/23/EEC (as amended)
(commonly known as the Low Voltage Directive) and the Electromagnetic
Compatibility Directive 89/336/EEC (as amended). Confirmation should be
sought via the Department of Trade and Industry (Local Authorities
Co-Ordinators of Regulatory Services (LACORS i.e. Trading Standards).
5. Access to the Regulations and Directives
(a)
The Electrically Assisted Pedal Cycles Regulations 1983 – Statutory
Instrument (SI 1983 No.1168) and The Pedal Cycles (Construction and
Use) Regulations 1983 - Statutory Instrument (SI 1983 No. 1176) are
available from The Stationery Office (See below).
(b) Directive
2002/24/EC of the European Parliament and of the Council of 18 March
2002 relating to the type-approval of two or three-wheel motor vehicles
is also available from The Stationery Office and is published on the
EUR-Lex European Legislation website:
http://europa.eu.int/eur-lex/en/search/search_lif.html
The
address of the Stationery Office is The Publications Centre, PO Box
276, London, SW8 5DT (tel 0870 600 5522, website: www.hmso.gov.uk,
Virtual Bookstore: www.tso.co.uk).
6. Further Information
If
you require any further information regarding the Regulations covered
by this fact sheet, please contact the DfT at the address below:
Vehicle Technology and Standards 6 Department for Transport Zone 2/04 Great Minster House 76 Marsham Street Tel: (0207) 944 2078 London Fax: (0207) 944 2069 SW1P 4DR Email: vts6.enquiries@dft.gsi.gov.uk
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