Northern Ireland EAPC status.

Apr 22, 2010
142
3
Northern Ireland, BT1
#1
I came across this posting on the PSNI Ballymoney facebook-page:
https://www.facebook.com/PSNI.Bally...VXFrnP40kgiLnF6bv5YIqe-NTxgvTN4RyDDmQ&fref=nf

The comments underneath the article indicate that the fact that NIs Government/Parliament is non-active is the reason for NI to deviate from the EU and Wales, Scotland & England interpretation.

It is sad that police-officers can now confiscate eBikes and there could also be problems in case of accidents.

In the comments it is also clear that some attempted to register their bikes with the DVA, but the DVA declined on the grounds that they do not register EAPCs.

At least the question "Where is Limbo" has been answered. It is in Ballymoney. :-(

Here's the message.
PSNI Ballymoney
20 April at 16:00 ·
Have you an electric bike? If so please ensure you have registered it with DVA, have a licence to ride it, have it insured, taxed and have not been consuming alcohol while riding it!

Yesterday we seized an electric pedal cycle for having no insurance. These are considered mechanically propelled vehicles under road traffic legislation and where appropriate will be seized by Police if they have no insurance.

For further information check out the government website
http://ow.ly/JFji30jAXbJ

*The bike shown is not the bike that was seized. For illustration purposes only*

 
Oct 25, 2006
41,603
2,597
#4
Thanks for that. Is the Ballymoney confiscation the first of its type or have similar confiscations happened before?
I don't know of another pedelec one, but the rule throughout the whole of the UK is that any uninsured vehicle found in use is automatically subject to confiscation. Subsequent release is normally on presentation of proof of insurance.
.
 

tommie

Esteemed Pedelecer
Mar 13, 2013
1,527
1,066
Co. Down, N. Ireland, U.K.
#5
Total disgrace!

Ballymoney? Thats North Antrim, instead of whining about it in here get on to the Westminster MP, in this case Paisley, he`s a bike enthusiast, he should know the ins and outs of this. Get him to make representations to the Secretary of State or use his weight over at Westminster.
Parliamentary
House of Commons, London, SW1A 0AA
Tel: 020 7219 7116
Fax: 020 7219 2996
Email: ian.paisley.mp@parliament.uk

If they can extract £1 billion plus out of the government then ebike regs for N.I. should be a walk in the park for them.
 
Apr 22, 2010
142
3
Northern Ireland, BT1
#6
Total disgrace!

instead of whining about it in here get on to the Westminster MP, in this case Paisley, he`s a bike enthusiast, he should know the ins and outs of this. Get him to make representations to the Secretary of State or use his weight over at Westminster.
Parliamentary
House of Commons, London, SW1A 0AA
Tel: 020 7219 7116
Fax: 020 7219 2996
Email: ian.paisley.mp@parliament.uk

If they can extract £1 billion plus out of the government then ebike regs for N.I. should be a walk in the park for them.
Thanks for the information:
Just to be clear: It is not my bike, I am not related in any way to that confiscation incident.

I am concerned about the incident, I recently revived my old (2014) eBike which was bought in the UK (Woosh in Southampton) and I am concerned about the legalities. In the past the legal status was in Limbo, pending probably EU wide adoption of the EAPC definitions. But now Northenr Ireland appears to have first dropped out of automatically accepting EAPCs in line with the EU, Scotland, Wales and England, and then added on its own paperwork to add eBikes as mopeds (possibly pending intervention at Stormont). For now: If a Police Officer confiscates your bike you will not be able to get registration, therefore not be able to get proof of insurance and therefore not be able to get the bike back. Worse could happen if one were involved in an accident.

I think I'll discuss the rest in the other thread.
Thanks,
J.
 
Oct 25, 2006
41,603
2,597
#7
In the past the legal status was in Limbo, pending probably EU wide adoption of the EAPC definitions. But now Northenr Ireland appears to have first dropped out of automatically accepting EAPCs in line with the EU, Scotland, Wales and England, and then added on its own paperwork to add eBikes as mopeds (possibly pending intervention at Stormont).
No that is not the case.

Firstly the UK not including N.I. did bring its law into line with the EU on 6th April 2015.

Secondly N.I. hasn't dropped out of accepting that. Their transport law is devolved to them, so they should have adopted it as we did. However their governing assembly had collapsed at the key time so there was no government there to implement the change.

Nor has N.I added any paperwork about treating pedelecs as motorcycles. That just happened to be the prior position, as it always was here in Britain for many years. In the absence of a pedelec permission they automatically have to be regarded as motorcycles.
.
 
Apr 22, 2010
142
3
Northern Ireland, BT1
#8
Thanks for your perspective. I beg to differ on NI not adding paperwork, though. The changes of aug/sep 2017 formalise the differences. Before those it would have been a case of "pending approval of the inactive Stormont" after the process was formalised the onus is on the owners.
I am happy that most parts of the UK accepted the EAPC definitions. NI did not.
The second point: NI started formalising the status quo. That is not the same as saying "pending decisions by elected members of .....".
 

Sinjin Smythe

Finding my (electric) wheels
Jul 15, 2017
12
3
Northern Ireland
#9
Does this look like an e-bike in this video?


It looks like cables feeding down to the bike from the bag at the back, if so, aren't motorbike helmets compulsory for ebikes in Northern Ireland?

Soooo frustrated my e-bike is still in the shed for over a year now.
 

tommie

Esteemed Pedelecer
Mar 13, 2013
1,527
1,066
Co. Down, N. Ireland, U.K.
#10
Does this look like an e-bike in this video?
It looks like cables feeding down to the bike from the bag at the back, if so, aren't motorbike helmets compulsory for ebikes in Northern Ireland?
Soooo frustrated my e-bike is still in the shed for over a year now.
That would be a No sinjin, just a standard PSNI Mtb,

What`s it doing in the shed?? Get it out man, plenty around Derry nowadays!
 

TedG

Esteemed Pedelecer
#11
That would be a No sinjin, just a standard PSNI Mtb,

What`s it doing in the shed?? Get it out man, plenty around Derry nowadays!
During a visit to a solicitor recently on a totally unrelated matter I mentioned the ebike fiasco and he was aware of it and assured me that confiscation would be a minor issue compared to a personal injury claim in the event of an accident which had been backed by recorded PSNI / court action against an ebike user.
 
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