Two years inside for supplying non UN38.3 batteries

Wisper Bikes

Trade Member
Apr 11, 2007
6,230
2,196
68
Sevenoaks Kent
I have recently been informed that to import, offer for transportation or supply Lithium Ion batteries of more than 100Wh, that are not certified to UN38.3 is a criminal offence. The maximum sentence available to the courts seems to be two years imprisonment and unlimited fines. I also understand that if a battery that has not been certified to UN38.3 is involved in an "incident" it is unlikely that any insurances would be valid.

I have done some research over the last few weeks and this information seems to be correct.

Is everyone aware of this? I don't think I am wrong but it would be good to hear any thoughts or points of view on the subject.

All the best

David
 

50 Hertz

Pedelecer
Mar 6, 2013
172
2
What does, "to import" mean? If I order one off eBay, am I importing?" Or do I have to physically bring the battery into the country myself to import?
 

Wisper Bikes

Trade Member
Apr 11, 2007
6,230
2,196
68
Sevenoaks Kent
As far is can ascertain, if you cause the battery to enter European waters or air space, i.e. you buy the battery and ask for it to be delivered to the UK, you become the importer, as an importer of Dangerous Goods into Europe, incorrect packing and marking and ensuring products have the correct certification would be your responsibility.

I hope that makes sense.

I think to be certain ask to see the UN38.3 certification for the specific model you are importing. And make certain the battery is packed in certified DG class 9 packaging.

All the best

David
 
C

Cyclezee

Guest
This has been common knowledge within the industry for a couple of years now, I am surprised that you didn't already know about it.
 

50 Hertz

Pedelecer
Mar 6, 2013
172
2
So, this would mean that all of the Chinese sellers on eBay offering non-compliant batteries to Europe are breaking this legislation. Would eBay be committing the offence by facilitating the importation? I bet they are $hi!!ing themselves, look how robustly the authorities have gone after Google, Amazon and all of the other corporate giants. This could be a game changer for eBay, or maybe it's just ill thought out pooh from the Brussels pooh factory.
 

jerrysimon

Esteemed Pedelecer
Aug 27, 2009
3,292
112
Cambridge, UK
David,

Interesting. This would of course also have a huge impact on the model RC industry as well.

I assume Lithium Polymer (far more unstable than Li-ion) are covered as well ?

Again readily available on ebay from overseas.

Jerry
 
Last edited:
C

Cyclezee

Guest
eBay don't actually own, buy or sell products, they just makes loads of money from other people doing so.
 
Last edited by a moderator:
C

Cyclezee

Guest
The following link will take to Accutronics website where there is a very clear explanation of the rules regarding transportation of Lithium batteries Lithium Ion Battery Transportation

Here is an example of our compliant battery cartons

P1070100.jpg
 
Last edited by a moderator:

Wisper Bikes

Trade Member
Apr 11, 2007
6,230
2,196
68
Sevenoaks Kent
Hi John,

I must admit to being competely unaware of the extent of the law. For instance, it seems a business based in the UK is not able to legally send a customer a battery unless it is certified to UN38.3. This is not a generic certification, the certification applies to one specific model of battery. The certification MUST bear photographs and the exact weight of the battery that us certified, this applies to all batteries over 100Wh, whether fitted to equipment or not.

Further I understand that, if a business in the UK is to legally offer a Lithium Ion battery (100Wh+)for transportation it MUST be packed in UN38.3 certified, class 9 dangerous goods packaging again specifically certified to take the exact battery model being offered for transportation. Also the person within the business must be qualified and certified to handle class 9 DG and the packing process must have been signed off by a Dangerous Goods Safety Advisor after a site visit.

All the best

David
 

Wisper Bikes

Trade Member
Apr 11, 2007
6,230
2,196
68
Sevenoaks Kent
David,

Interesting. This would of course also have a huge impact on the model RC industry as well.

I assume Lithium Polymer (far more unstable than Li-ion) are covered as well ?

Again readily available on ebay from overseas.

Jerry
Hi Jerry, the full extent of the law covers batteries of 100Wh plus. I am almost certain that although RC batteries need to be certified to UN38.3 they are below 100Wh so do not need to be sent as class 9 DG.

Lithium Polymer batteries would be included.

All the best

David
 
Last edited:

Wisper Bikes

Trade Member
Apr 11, 2007
6,230
2,196
68
Sevenoaks Kent
The following link will take to Accutronics website where there is a very clear explanation of the rules regarding transportation of Lithium batteries Lithium Ion Battery Transportation

Here is an example of our compliant battery cartons

View attachment 6110
Hi again John, you do seem to be more up to speed with this than I was, please would you tell me if an air cargo only carton is OK for use on Road and sea?

Many thanks,

All the best

David
 

jerrysimon

Esteemed Pedelecer
Aug 27, 2009
3,292
112
Cambridge, UK
For larger models including helicopters 6s, 6ah would be normal. Many ebikers series link these together as well.

If i am correct then a 6*4.2*6 = 151.2Wh would fall within the regs.

Jerry
 

Woosh

Trade Member
May 19, 2012
19,529
16,466
Southend on Sea
wooshbikes.co.uk
Well I'm confident we're OK.

But if not, I've heard that Holloway or Pentonvillle are quite nice these days - visitors welcome.

Hatti
 

jerrysimon

Esteemed Pedelecer
Aug 27, 2009
3,292
112
Cambridge, UK
I must admit now I have read this I do recall the 100Wh limit.

I am sure we are all breaking the law daily in some area of out lives. The trick of course it to not break the law too often, in too larger way and most importantly to not get caught!

Regards

Jerry
 
C

Cyclezee

Guest
Well I'm confident we're OK.

But if not, I've heard that Holloway or Pentonvillle are quite nice these days - visitors welcome.

Hatti
I would be more worried about which other electric bike traders you were 'banged up' with Hatti:eek:
 

jerrysimon

Esteemed Pedelecer
Aug 27, 2009
3,292
112
Cambridge, UK
I would be more worried about which other electric bike traders you were 'banged up' with Hatti:eek:
Possibly with David (Wisper Bikes) who is a very nice man it seems :)

Jerry
 

Wisper Bikes

Trade Member
Apr 11, 2007
6,230
2,196
68
Sevenoaks Kent
For larger models including helicopters 6s, 6ah would be normal. Many ebikers series link these together as well.

If i am correct then a 6*4.2*6 = 151.2Wh would fall within the regs.

Jerry
I think they would Jerry, as long as they were not linked when transported, if they were they would be over the 100Wh Limit.

All the best

David
 

Wisper Bikes

Trade Member
Apr 11, 2007
6,230
2,196
68
Sevenoaks Kent
Well I'm confident we're OK.

But if not, I've heard that Holloway or Pentonvillle are quite nice these days - visitors welcome.

Hatti
I am sure you are Hatti, but it is worth checking it out. I was very surprised to learn over the last few weeks how tough the law was and the fact that sending uncertified batteries to customers is a criminal offence! What really worried me was being advised that uncertified batteries would probably not be insured, when they are at the dealer or end user.

When you speak to your supplier it is important not to let them fob you off with a generic certificate. Every battery model you have must have been individually tested and certified.

All the best

David