Northern Ireland EAPC status.

UlsterEPAC

Finding my (electric) wheels
Jan 14, 2020
15
28
"After that, first and second reading in the assembly, and if no changes are made it goes for final reading and approval.
All being well, it will be accepted by the attorney general, and receive Royal Assent. After that it's law, and we can get on the road."


Might be totally wrong here, but i dont think the Welsh and Scottish assemblies had to go through this long-winded palava, wasn`t it a directive from the EU for member states to accept?
I think the difference comes down to the fact this has to be primary legislation, since NI has never had an EAPC definition before. So it's not an amendment, which would have only needed a Statutory Regulation, which would have been sorted more or less immediately.

Primary legislation takes longer, and has to go through all the hurdles. Looking at the Welsh Assembly process, it looks more or less the same, introduction, assembly debates, assembly votes, amendment debates, then approval. All pretty much based on the Westminster model.

In any event, I don't believe Scotland or Wales had to go through this process, as only Northern Ireland has these functions devolved to it, as far as I am aware.

Looking at the EU directive, I think this defined what member states have to consider as an EAPC, however it didn't make it compulsory for a member state to actually exempt EAPCs from motor vehicle requirements. I'm pretty sure if it did there would have been a non compliance fine issued long ago...
 
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flecc

Member
Oct 25, 2006
52,763
30,349
Might be totally wrong here, but i dont think the Welsh and Scottish assemblies had to go through this long-winded palava, wasn`t it a directive from the EU for member states to accept?
It was Tommie, but in the form of the UK wide Two and Three Wheeled Type approval law 2002/24/EU having an exemption for pedelecs not having to be type approved as a motor vehicle. Accompanying that on 9th April 2003 was a mandatory order demanding all conflicting national legislation be removed or a request for variation to the EU Commission within six months. No such request was made so the regulation was submitted to the UK parliament on 10th November 2003 and passed into law.

That automatically applied the Wales and Scotland, but since Northern Ireland has transport law devolved, not there until the Assembly adopted it separately which it did later, I believe in 1995. In that same year you adopted the UK 1988 Road Traffic Act which included an minimum age for riding pedelecs as 14 years, while having no law permitting them!

However, none of this applied to national usage, which by convention is dealt with by each EU member country who could chose to align or not, and for that we already had the 1983 EAPC regulation which did not align with the EU specification until 12 years later when we amended the 1983 regulation on the 6th April 2015.

It's that amended 1983 regulation you are now adopting.
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flecc

Member
Oct 25, 2006
52,763
30,349
Looking at the EU directive, I think this defined what member states have to consider as an EAPC, however it didn't make it compulsory for a member state to actually exempt EAPCs from motor vehicle requirements. I'm pretty sure if it did there would have been a non compliance fine issued long ago...
Indeed, as I mentioned just above, all usage is defined by EU member countries. Thus we have a 14 years lower age limit for riding a pedelec which no other EU country has, while Germany permitted an S class of high speed 45 kph(28 mph) assist pedelecs with minimal bureaucracy. Much more recently The Netherlands and Denmark also added the S class with now France joining in, but each with it's own regulations for those.
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Gazwald

Finding my (electric) wheels
Feb 28, 2020
16
7
I know we have a world wide pandemic going on at the minute.

However has anyone had any updates on this law changing?

Waiting to buy an E-trike and there is very little information out there for NI.
 

UlsterEPAC

Finding my (electric) wheels
Jan 14, 2020
15
28
I know we have a world wide pandemic going on at the minute.

However has anyone had any updates on this law changing?

Waiting to buy an E-trike and there is very little information out there for NI.
The law has been drafted, and is currently waiting on approval from the examiner of Statutory rules before coming back to the assembly for initial debate.

Given the current situation, it may not be a priority...

You can view the actual legislation here:

 
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Gazwald

Finding my (electric) wheels
Feb 28, 2020
16
7
The law has been drafted, and is currently waiting on approval from the examiner of Statutory rules before coming back to the assembly for initial debate.

Given the current situation, it may not be a priority...

You can view the actual legislation here:

Thank you for the links. I will have a look. Here is hoping we get it sooner rather than later. Although everyone's health during this pandemic is paramount at the minute. So I don't mind the delay
 

Gazwald

Finding my (electric) wheels
Feb 28, 2020
16
7
PS Sorry for the length.

Hi all,

Just something I’ve been thinking about and I thought it could be a good taking point so I thought I would post it.

As per my previous post that I’m interested in getting an e-Trike.

However with the legislation in its current state this isn’t possible at this time. With the being the case I was thinking would it be worth getting a manual transmission trike and then in the future retrofitting it with a motor. (Befang).

However I was also wondering if I was to do this would it still be inline with the legislation that is going to be put in place? A quick reading over it. I’m not sure as it states: although I could also be understanding this wrong.

"No person shall ride, or cause or permit to be ridden, on a road an electrically assisted pedal cycle unless—

(a)it is—

(i)fitted with a plate securely fixed in a conspicuous and readily accessible position showing—

(aa)the name of the manufacturer;

(bb)the nominal voltage of the battery as defined in the 1971 British Standard; and

(cc)the continuous rated output of the motor as defined in the 1971 British Standard; or

(ii)visibly and durably marked with—

(aa)the name of the manufacturer;

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

(cc)the maximum continuous rated power of the motor specified in watts or kilowatts;

(b)fitted with a battery which does not leak so as to be a source of danger; and

(c)fitted with a device biased to the off position which allows power to come from the motor only when the device is operated so as to achieve that result."


Do these retro fit kits from China meet these requirements?

Otherwise I think I might still be better waiting and buying an OEM version which comes with Shimano Steps already fitted which I assume would be inline with the legislation from the get go.

I suppose I have been thinking about this because I would like to get a trike as soon as possible and start riding, even if it means riding/peddling manually at the start but then ultimately upgrading it to e-assist.

Also retrofit kits tend to be cheaper then the likes of a Shimano Steps so I’m trying to weigh up my possible options.

Any information or thoughts that people provide is greatly appreciated.

Many Thanks

Gazwald.
 

flecc

Member
Oct 25, 2006
52,763
30,349
PS Sorry for the length.

Hi all,

Just something I’ve been thinking about and I thought it could be a good taking point so I thought I would post it.

As per my previous post that I’m interested in getting an e-Trike.

However with the legislation in its current state this isn’t possible at this time. With the being the case I was thinking would it be worth getting a manual transmission trike and then in the future retrofitting it with a motor. (Befang).

However I was also wondering if I was to do this would it still be inline with the legislation that is going to be put in place? A quick reading over it. I’m not sure as it states: although I could also be understanding this wrong.

"No person shall ride, or cause or permit to be ridden, on a road an electrically assisted pedal cycle unless—

(a)it is—

(i)fitted with a plate securely fixed in a conspicuous and readily accessible position showing—

(aa)the name of the manufacturer;

(bb)the nominal voltage of the battery as defined in the 1971 British Standard; and

(cc)the continuous rated output of the motor as defined in the 1971 British Standard; or
In this, copied from the mainland UK law, it's only the first that I've left shown above that applies to post 2015 e-bikes and trikes

Here on the mainland most pedelecs over the years haven't been labelled according to the law and there's been no problem. Of course it might be different there in N.I.

If the trike you are thinking of is a recumbent "tadpole" one, shouldn't be many conversion problems.

However, if an upright single front wheel trike, these are often only braked on the front wheel with two brakes to comply with the law, one on the hub (disc or drum) and one on the rim. Fitting a Bafang hub motor to a narrow front fork could lose the hub brake and be outside the law.

So if you go the conversion route with an upright, be careful what trike you choose. One with the two rear wheels braked would be best.
.
 
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Gazwald

Finding my (electric) wheels
Feb 28, 2020
16
7
In this, copied from the mainland UK law, it's only the first that I've left shown above that applies to post 2015 e-bikes and trikes

Here on the mainland most pedelecs over the years haven't been labelled according to the law and there's been no problem. Of course it might be different there in N.I.

If the trike you are thinking of is a recumbent "tadpole" one, shouldn't be many conversion problems.

However, if an upright single front wheel trike, these are often only braked on the front wheel with two brakes to comply with the law, one on the hub (disc or drum) and one on the rim. Fitting a front wheel Bafang hub motor would lose the hub brake and be outside the law.

So if you go the conversion route with an upright, be careful what trike you choose. One with the two rear wheels braked would be best.
.
Thanks, flecc for a reply.

I would be looking into a recumbent tadpole trike.

Just was wondering what others thoughts were so thank you :)
 

UlsterEPAC

Finding my (electric) wheels
Jan 14, 2020
15
28
Just an update on the legislation. It has now been approved by the Examiner of Statutory Rules.

Furthermore, at the meeting of the Infrastructure committee on 28th April, it was proposed by Roy Briggs MLA that they write to the business committee to prioritise this legislation, due to the fact that it could be beneficial in the current situation.

I assume this has been done, as it is now scheduled for an affirmation debate in the assembly on Tuesday (12th May). We may just be getting near the end of this journey! :D
 
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Nealh

Esteemed Pedelecer
Aug 7, 2014
19,990
8,172
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West Sx RH
Finally get out for a mass midnight run boys and girls.
 
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