UK/EU E-Bike law - and associated confusion, a UK manufacturer’s perspective

Kudoscycles · Jul 2, 2015

Jeremy,you have entered the minefield of the UK interpretation on EN15194,which to my knowledge we have not yet signed up to.
In mainland Europe EN15194 is simpler and as the reg,there are no grey areas,the problem you will find in the UK is finding a testing house (TUV or SGS) that will test your bikes to EN15194 at reasonable cost. Ironically it is much cheaper to test to EN15194 in China because the components which make up the whole(brakes,motor,battery etc) are often pre tested ,so therefore the new bike test does not have to repeat test the components.
Sorry to be negative but you are going to have to come up with something special to compete with the inexpensive cargo bikes out of China,they are good,but storage is a problem and is there much of a market in the UK.
I did think about bringing a container load into the UK,they would sell for about £1500.00 incl vat,is that competitive?
They sell well in Holland but are flooded with chinese made product,the strength of the pound against the euro is making exporting to mainland europe expensive,also the cost of transport from UK to Europe is more expensive than China to Europe,yes it costs more across the channel than across the Indian Ocean.!!!!
Good luck but current situation will make selling into europe an uphill climb (apologies for the pun)....
KudosDave

flecc · Jul 2, 2015

Hello Jeremy, welcome to the pedelecs forum. On your questions I've been following this issue over many years and can answer many points:

1. Are throttle controls now 'illegal' either when used with a PAS or without - do any EU manufactured bikes actually ship with throttle controls or are these basically obsolete because of the requirement for a PAS.

Any independent acting throttle permitting the full speed range is illegal. In the UK this already applies from 6th April 2015 and has been the law in the EU since 10th November 2003. However, the DfT have said that a throttle equipped e-bike that otherwise conforms will be regarded as an EAPC (legal pedelec) if type approved. What they mean by that is that the usually bicycle based moped class L1e-A (see footnote) is allowed a throttle, so type approval to that standard makes the throttle legal. I cannot say this DfT qualification will be accepted in other EU countries, it has the look of an ad hoc decision.

2. Must a 6km walk feature switch be fitted to comply?

A throttle permitting assistance up to 6kph without pedalling is legal. Although informally termed "Walk-alongside", that isn't in law so using it for pedal start assistance is legal. A related UK law for pedestrian controlled vehicles specifies the limit speed as the nearest UK equivalent of 4mph, so one assumes that expression and fractionally faster limit is permissible in the UK. Also for the UK, the DfT state that the usual 10% tolerance on speed limits applies also to pedelecs, making assistance to 17 mph compliant in the UK.

3. We understand that the UK now adopts the EU standard so in terms of marking should we be adding to our serial number label that the top speed is 27kmh or 15.5mph???

The DfT state the limit is 15.6 mph,. so using that term is permissible and the UK law says so. Here is the extract on labelling copied and pasted:

(bb) the maximum speed at which the motor can propel the vehicle specified in miles per hour or kilometres per hour

so it's your choice, but note that is the UK's version of the law. In your position I'd label in kph since that's legal throughout.

4. Can we self-certify to 15194 and to 14764 to sell into UK/EU or are these required from a 3rd party testing house like BV. It’s fair to say that we could set up the tests in house for 15194 but not sure about 14764 which requires lots of repetitions of forces against various components on the bikes. It may be cheaper for us to do in house..... so useful to establish this requirement

I've been told by one maker that for EN15194 it has to be an independent lab, but I have no documentary confirmation for that. Neither can I answer on EN14764, hopefully a supplier member will answer that point.

P.S. I see Kudos have now replied on this point.

5. With regards to S and R pedelec classifications used in Europe - when is this going to happen in the UK????

The DfT's statements on this have been uncompromisingly opposed, so there is no schedule for adoption that I've heard of.

6. There seems to be a big grey area as to whether controllers/motors with switchable nominal power outputs can be used - I would like to get some clarity on this as we offer our Rocket with a Go Swiss Drive 250/500W motor. The display can be used to switch between the two nominal outputs. So the question is, is this something we write into the user manual ie '500W setting only to be used off the public roads' in big red letters or is it actually illegal to have a switchable controller????

Again the DfT have been clear and uncompromising. Referring to such as an "Off-road" switch, they say they are always illegal. Basically if the power change is under the rider's control rather than being tool based conversion (also illegal of course), it's illegal.

6. is there a overlap period between the old UK standard and the actual legal implementation of EN 15194???

I don't know about implementation in an enforcement sense, but I understand the UK adopted EN15194 some while ago and our new EAPC law came solely into force from 6th April 2015. Therefore there appears to be no overlap.

Footnote: The new type approval regulations for two and three wheeled motor vehicles being phased in over a couple of years includes class L1e-A. That is usually bicycle based and allows up to 1000 watt motors with throttles but still restricted to 15.6mph (25kph). This class has long existed and was formerly called "Low Powered Moped".

The DfT's ruling is that if one has a 250 Watt version so is in all respects compliant with EAPC law other than the throttle, type approval as L1e-A enables them to regard it as a legal pedelec since the type approval clears the throttle.

To me that looks very flaky in law, since L1e-A vehicles require a new type Q driving licence or moped licence throughout the EU and must also have motor vehicle third party insurance in the UK.

It could be unacceptable in many other EU countries so would need checking for any one of those being considered as a market.
.

Deleted member 4366 · Jul 2, 2015

One point to add to that. Throttles are legal on all electric bikes as long as the power is cut when you stop pedalling. It's only independent throttles that aren't allowed.

mike killay · Jul 3, 2015

By 'Off Road', do you mean private estates? because these regulations apply to off road places to which the public have access.

Ken Ferguson · Jul 12, 2015

"Any independent acting throttle permitting the full speed range is illegal."

Not in the UK it's not and to infer it is misleading. Independent throttles have always been legal under the EAPC regulations in the UK and this remained unchanged following the recent amendment. It look as if throttle operated bikes will need type approval from Jan 2016 but throttle operated bikes will remain entirely legal.

As a major supplier of such bikes, our options are to order large quantities of stock before the end of the year or fund an army of bureaucrats to obtain EWVTA. And as usual the regulation has no logic to it whatever.

http://eriderbikes.com/throttled-by-red-tape/

mike killay · Jul 12, 2015

Or do as the Chinese will.
Sell the bikes without a throttle, but make provision on the controller to fit one.
It is then up to the customer as to whether they wish to buy and fit a throttle.
Nobody, but nobody is going to stop and check bikes to see if they have a throttle fitted.

Cyclezee · Jul 12, 2015

d8veh said:
One point to add to that. Throttles are legal on all electric bikes as long as the power is cut when you stop pedalling. It's only independent throttles that aren't allowed.

What about walk assist mode to 6Km/h?

Cyclezee · Jul 12, 2015

mike killay said:
Or do as the Chinese will.
Sell the bikes without a throttle, but make provision on the controller to fit one.
It is then up to the customer as to whether they wish to buy and fit a throttle.
Nobody, but nobody is going to stop and check bikes to see if they have a throttle fitted.

All eZee bikes have throttles fitted regardless of where they are sold in the world.
All models since 2012 can be made EU mainland legal, i.e. throttle assistance to 6Km/h only for walk assist mode, but currently in the UK we don't restrict the throttle to this limit.

My first question is do we need to remove the throttle, wiring to the handle bar console and remove the connections within the console so that a throttle cannot be retrofitted and thereby the bikes can only be used in Pedelec mode?

Secondly, if that is the case do we need to do this to bikes sold since 06/04/2015 or from 01/01/2016?

Ken Ferguson · Jul 12, 2015

Yes Mike, you are right of course.

The police are not sufficiently clued up to know what needs to be a registered and what does not, however as a responsible supplier it is not reasonable to encourage your customers to break the law.

We are often asked "how do I adjust the controller to make my bike go faster" and the reply is always the same- "we sell road legal vehicles therefore I cannot answer that question."

Of course we can't prevent someone googling it!!!

flecc · Jul 12, 2015

Ken Ferguson said:
"Any independent acting throttle permitting the full speed range is illegal."

Not in the UK it's not and to infer it is misleading. Independent throttles have always been legal under the EAPC regulations in the UK and this remained unchanged following the recent amendment..

On a pedelec, which is what was being posted about above in answer to the OP, a fully acting throttle is illegal now and has been since 6th April 2015, so the law was changed.

The prior EAPC regulations have no relevance now in this respect, so it is you who is being misleading.

The type approval you refer to makes the bike a motor vehicle, class L1e-A. The DfT have made an off-the-cuff statement implying that they will still regard one as an EAPC if it conforms to pedelec regulations in all other respects than a fully acting throttle. However, that simply doesn't stand up in law and is not acceptable under EU regulations which apply equally here.

Furthermore the type approval law regulations for L1e-A is being phased in and won't be completed until January 2017. Meanwhile the only type approval available for a new throttle equipped e-bike is the Low Powered Moped class which is very definitely a motor vehicle with registration, number plates etc.

Also a driving licence will be necessary with a throttle fitted, either an existing appropriate one or the new Q group one.
.

flecc · Jul 12, 2015

Cyclezee said:
My first question is do we need to remove the throttle, wiring to the handle bar console and remove the connections within the console so that a throttle cannot be retrofitted and thereby the bikes can only be used in Pedelec mode?

Secondly, if that is the case do we need to do this to bikes sold since 06/04/2015 or from 01/01/2016?

If your current eZee models have a fully acting throttle while not pedalling, they have been illegal as bureaucracy free pedelecs since 6th April 2015. When that amendment to the EAPC regulations was introduced there was no public announcement of a period of grace for disposal of existing stock (But see Kudos Dave's next post on this).

If supplied with no throttle or the throttle conforming to the 6kph restriction, there's no need to remove any wiring permitting later conversion. This is legal so long as conversion is not by a switch under rider control but is tool based. The eZee models long supplied into the EU mainland have always conformed to EU law of course.
.

Kudoscycles · Jul 12, 2015

My memory was that the Dft said that there will be an 18 month grace period to allow manufacturers to clear old stock,that would mean that full speed throttles (up to 15,5 mph) would still be allowed to be sold up to September 2016.
Because the majority of Chinese bikes are exported to mainland Europe the Chinese have for some time not been prepared to fit full speed throttles,but the up to 6 kph throttle is now fitted to most.
KudosDave

flecc · Jul 12, 2015

Kudoscycles said:
My memory was that the Dft said that there will be an 18 month grace period to allow manufacturers to clear old stock,that would mean that full speed throttles (up to 15,5 mph) would still be allowed to be sold up to September 2016.
Because the majority of Chinese bikes are exported to mainland Europe the Chinese have for some time not been prepared to fit full speed throttles,but the up to 6 kph throttle is now fitted to most.
KudosDave

Thanks Dave. They made no public announcement on grace with the general announcement on the amendment which surprised me, but do you have a source for this grace period statement, when, where etc?
.

Ken Ferguson · Jul 12, 2015

"On a pedelec, which is what was being posted about above in answer to the OP, a fully acting throttle is illegal now and has been since 6th April 2015, so the law was changed."

Just not true.

"The prior EAPC regulations have no relevance now in this respect, so it is you who is being misleading."

The EAPC regulations as amended in January ARE the law.

"The type approval you refer to makes the bike a motor vehicle, class L1e-A. The DfT have made an off-the-cuff statement implying that they will still regard one as an EAPC if it conforms to pedelec regulations in all other respects than a fully acting throttle. However, that simply doesn't stand up in law and is not acceptable under EU regulations which apply equally here."

The correct information is available on this site

"IVS (International Vehicle Standards), the DFT division responsible for vehicle safety, has today confirmed that although ‘twist and gos’ – electric bikes capable of being powered by a throttle – will require type approval from 2016, those with power cutting out at 15.5mph will “not be considered motor vehicles and will not therefore require registration, tax, insurance and rider licensing”

This does not sound like an "off the cuff" remark to me so, if it is OK with you, I'll suggest that my customers follow the regulations issued by the Department for Transport regardless of what you think they should have ruled.

" When that amendment to the EAPC regulations was introduced there was no public announcement of a period of grace for disposal of existing stock."

That is true but the legislation has been applied with "grandfather rights" which is a term used to apply to products purchased prior to the date of the legislation taking effect and would include wholesale stock.

flecc · Jul 12, 2015

Ken Ferguson said:
"IVS (International Vehicle Standards), the DFT division responsible for vehicle safety, has today confirmed that although ‘twist and gos’ – electric bikes capable of being powered by a throttle – will require type approval from 2016, those with power cutting out at 15.5mph will “not be considered motor vehicles and will not therefore require registration, tax, insurance and rider licensing”

But that is not the law, the point I was making. Of course if the police are instructed accordingly, any risk of prosecution in the UK is removed at present, but there are two problems with that.

The first is that if legality became a question in court, for example in respect of an insurance claim, the court is bound by the law. Given that in this area any applicable EU law takes precedence of any conflicting UK order, that DfT's UK ruling may be of little help.

The second problem is the way such additional statements can change over time. The rulings on cycling on the pavement are a classic case, the Home Office permissions stated at the time have tended to melt away with nothing officially published on them any more, perhaps because they are regarded as inconvenient now.
.

SRS · Jul 12, 2015

I pitty the poor sods who just want to get on and build simple, low powered electric cycles.

EN this and EU that. Lifes not that long

Cyclezee · Jul 12, 2015

Thank you for the clarification Tony.

If I understand the situation correctly, bikes sold prior to 06/04/2015 are exempt and it is OK for them to have full assistance with the throttle?

Dave, the 18 month grace period for existing stock sounds like a grey area, so unless I hear or read an official document that says that confirms this, all our bikes will have the throttle assist limited to 6 Km/h?

Incidentally, I am currently restoring an old eZee Cadence that a customer brought with them from Singapore. With that particular model there is no e-bike throttle mode, but you had to twist the throttle for the pedelec assistance to work and to vary the level of assistance, so I have ditched the throttle completely and replaced it with an EAF dial to variable levels of assistance.

flecc · Jul 12, 2015

Cyclezee said:
If I understand the situation correctly, bikes sold prior to 06/04/2015 are exempt and it is OK for them to have full assistance with the throttle?

Yes, they have grandfather rights according to the DfT, and since the 2015 EAPC changes were not backdated, that is the law in effect. I say "in effect", since the prior EAPC regulation said nothing about how power must be applied, leaving that open to designers.

Cyclezee said:
Incidentally, I am currently restoring an old eZee Cadence that a customer brought with them from Singapore. With that particular model there is no e-bike throttle mode, but you had to twist the throttle for the pedelec assistance to work and to vary the level of assistance

They all used to be like that when switched into pedelec mode, my two 2006 eZees are.
.

Cyclezee · Jul 12, 2015

flecc said:
They all used to be like that when switched into pedelec mode, my two 2006 eZees are..

I know what you mean, but this one is different, it only has one mode, the rocker switch on the side of the old style LED battery gauge only operates the lights.

I could of course change the LED gauge to the two mode type, but I quite like the EAF.

UK/EU E-Bike law - and associated confusion, a UK manufacturer’s perspective

Just Joined

Attachments

Official Trade Member

Member

Deleted member 4366

Guest

Esteemed Pedelecer

Finding my (electric) wheels

Esteemed Pedelecer

Cyclezee

Guest

Cyclezee

Guest

Finding my (electric) wheels

Member

Member

Official Trade Member

Member

Finding my (electric) wheels

Member

Esteemed Pedelecer

Cyclezee

Guest

Member

Cyclezee

Guest

Advertisers