[flecc]

With regard to Riggo's comment, of course this arises precisely because the law is not black and white on this issue. The Department of Transport has acknowledged this in stating that a test case is needed to decide the issue as it stands currently. Legal opinion has subsequently been that it's for the DoT to decide, so a state of limbo was left in place

Both 200 and 250 watt bikes are on the road legally in the absence of that test case or action to tidy up the laws on this. We now know that there is an intent to clear up this matter quickly, and that is certain to bring conformity to the EU 250 watt law since it is an obligation under EU law to comply with an order to do so. This clarification action is to satisfy the request from the Royal Mail prior to their bulk purchase of e-bikes.

A successful prosecution could be made impossible anyway, since an appeal to Europe would bring the certain ruling that our passing into UK legislation the EU order as instructed, which we did on 10th November 2003, made the EU law absolute, superceding the English 1983 legislation which only remained in force due to the Civil Service mistake in not making arrangements to rescind it it at the same time.

In view of all this, I can see no grounds for barring a 250 watt e-bike from any public road event.
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