Quote:
Originally Posted by Jack.Eagle
Hi
the law on e-bikes is fairly confusing. The Department for Transport, released a fact sheet in January 2008, which I was told is the most up-to-date one. A copy of it is below. It is interesting to note the statement at the very bottom: "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."
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We are very familiar with this Jack, but the reason for prevarication is not made apparent in that statement.
It's because slightly different EU regulations were passed in 2002 which were mandatory on all member countries, which were required to implement them within six months. Our civil service messed up, arranging for parliament to put the legislation in force one day after the deadline, but also forgetting to arrange the cancellation of the British EAPC reguations.
Therefore we've had parallel laws in force ever since.
It's practically certain that a court would rule in favour of the EU law if a case arose since that clearly should be the only law having effect, but there is no certainty, hence that cautious statement. If a court ruled in favour of EU law in a test case, someone breaching that EU law would be driving a motor vehicle with all the consequences of that.
Drink driving would not normally be affected, since only the differences between the two laws would be likely to give rise to a test case.
British law says 200 watts solo, 250 watts tricycle. EU law says 250 watts.
British law permits throttle only control without pedalling, EU law says only pedelec, though it can be combined with a throttle to regulate the amount of power.
Otherwise there's no effective difference.
As a result of the Royal Mail considering buying some 16,000 e-bikes, they've asked for this legal confusion to be cleared up and this is in hand. Therefore we should just have the one EU law in force before long, and still able to plead to being drunk in charge of an e-bicycle without losing one's licence, and continue to ride one once a licence is taken away.
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