Regulation in EU countries

[ospector]

Hi everybody,

I am new to the forum. Nice to meet you all.
I live in Israel, where e-bikes are not legalized yet. Together with friends and associates, I am trying to speed up the legalization of electric bikes here. Israel has not adopted any regulations so far regarding e-bikes, and has yet to decide which standard it will use – the European, the American, or a combination of both.
We are concerned that Israel will fully adopt the EU directives therefore banning the use of a throttle. Israel is very warm so the demand for pedal assist mode only will basically kill the market before it is born.
We are trying to find examples of EU members which, besides adopting the European regulations (250W, pedal-assist, etc.) have made some changes to them and also allowed the use of e-bikes with higher output, speed or throttle activation. So far we know only about UK and Switzerland.

Does anybody know of other countries?

Thank you very much for your help.

Ori

 

[flecc]

Hi Ori, welcome to the forum. I'm copying below the content of my email reply to you so that members know what has been covered to date:

Here in the UK we are technically bound by the EU regulations and the differences in practice are going to be wiped out in a year or so. The history is that when the EU regulations were passed into UK law, our civil service made a mistake and didn't rescind the British e-bike regulations (EAPC). That meant that England, Scotland and Wales (Great Britain) had two laws, the old one allowing throttles, and with various other differences, while Northern Ireland in the UK but not part of Great Britain was left with the EU regulations only. This is intended to be cleared up in year or so by belatedly cancelling the GB regulations.

Switzerland you know about, but in Germany they have a high speed class like that in Switzerland, permitting 40 kph pedelecs but with some additional restrictions like compulsory insurance, helmet wearing etc. In Switzerland they have rear number plates too. Other countries in the EU have some local legislation, but it's mostly more restriction rather than less. For example, Sweden has a minimum age of 15 years and compulsory helmet wearing on standard pedelecs.

In general in the EU though, throttles are banned, though some bike models have them operating within the pedelec mode, i.e power delivered by throttle but only when pedalling.
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[flecc]

Further information

The pedelec power limit in the EU is 250 Watts and that applied to the German high speed class as well until now. However the German authorities are in the process of relaxing that for type approved (in Germany) high speed e-bikes and the first of those from Riese and Muller is a 500 Watt bike which should be able to take to the German roads in June. Still no throttle only operation as far as I know though.

I'm fairly sure throttles are allowed in both Australia and New Zealand. The Australian power limit is 200 Watts, the New Zealand power limit I'm told is 300 watts.
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[ospector]

You are right, Flecc - throttles are legal in Australia, and also in Canada and the USA. Didn't kmow about New Zealand. though..

 

[flecc]

You are right, Flecc - throttles are legal in Australia, and also in Canada and the USA. Didn't kmow about New Zealand. though..

Throttles seem to be permitted in NZ, since the Wisper throttle controlled bikes sell through agents there.
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[frank9755]

Intriguing concept - 'not legalised yet'
Does that mean they have actually been banned? If not, would they not be legal by default?

 

[flecc]

Intriguing concept - 'not legalised yet'
Does that mean they have actually been banned? If not, would they not be legal by default?

My guess is that any motor vehicle regulations would have blanket application to anything motorised on the roads, everything from type approval through to driver licencing, which an e-biker wouldn't be too pleased with.

For example, our UK EAPC regulations are in fact an exemption from motor vehicle law.
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[Mussels]

Intriguing concept - 'not legalised yet'
Does that mean they have actually been banned? If not, would they not be legal by default?

The Segway is a good example of that in the UK, there is no bracket for it to fit into so it is by default a motor vehicle and as it doesn't meet the required standards of a motor vehicle it is illegal to use in any public place. So it's interesting when you see the publicity shots of police using them in public places, just shows how relaxed they are about some laws.

 

[flecc]

The Segway is a good example of that in the UK, there is no bracket for it to fit into so it is by default a motor vehicle and as it doesn't meet the required standards of a motor vehicle it is illegal to use in any public place. So it's interesting when you see the publicity shots of police using them in public places, just shows how relaxed they are about some laws.

They'll probably claim exemption under mobility vehicle law which is perfectly proper for fit persons as well, so long as the speed is kept below 4 mph on pavements and 8 mph on the roads. And of course they'd deny going any faster!
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[Dynamic Position]

Intriguing concept - 'not legalised yet'
Does that mean they have actually been banned? If not, would they not be legal by default?

It's a guess too, but it would appear that the EU will be introducing harmonised motor vehicle regulations that would have a blanket application to anything motorised on public roads within the EU. National standards may also operate, so there could still be differences between different EU nations.

From 2009, all road vehicles conforming to EU harmonised requirements will come with a certificate detailing type approval. The Kalkhoff Proconnect s certificate gives type approval as class A. I guess that vehicles with increased motor powers and weights will be classed accordingly.

It would appear that the EU is preparing to allow the use of throttle control via the class A specification. I guess that the EU would require class A vehicle users to be competent in order that a level of safety is maintained, therefor a competency test may be required (holders of suitable driving licences being exempted from the test).

The UK EAPC regulations provide exemption from motor vehicle law if your e-bike meets the requirements. I guess that that the EU have analysed all the National standards in order that they could harmonise the requirments. Users in the UK benefit from Germanys S Class in terms of assist speed. Other European countries benefit by being allowed to use throttle controls as well (including Germany). The common factor being 250 Watt motor power limit (and vehicle weight).

Flecc is well ahead of the knowledge curve on e-bikes. The new 500 Watt German e-bikes I guess will be for Germany only, though the EU might already be prepared with its own harmonised class B?

The Intriguing concept - 'not legalised yet'. I guess would allow e-bikes which meet (but not Independently tested) the designated EU class specification to be used legally in accordance with the rules pertaining to that class, but the legality would cease and prosecution could result if the rules were not followed (it is left to the e-bike rider to determine whether they and the bike meets the requirements)!

 

[flecc]

The new 500 Watt German e-bikes I guess will be for Germany only, though the EU might already be prepared with its own harmonised class B?

I doubt the EU will be up to speed yet on this change of German law. Riese and Muller were going to release their bike around the start of this year but were held up until the Kraftfahrtbundesamt (federal office) made local provision for the higher power of 500 Watts since the bike was prevented by the 250 Watt EU limit until then. I understand the type approval cost is around €3000-4000 for an e-bike like this.

You can see the 45 kph / 28 mph 500 Watt hybrid bike which uses the most powerful version of the BionX motor on this link:

Riese & Muller DeLite e-bike
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[Wisper Bikes]

Legalisation

What worries me most is the uncertainty regarding the Wattage allowed, and whether an off road button was legal.

It seemed quite straight forward to us, however the new A2B Metro obviously has a huge motor but there is a 250W sticker on it which it seems makes everything OK!

As reported in the Evening Standard on 13th May

"There was confusion over whether the new bicycle would comply with the UK legislation because of the boost (off road) button - giving a top speed of 20mph. The Driver and Vehicle Licensing Agency said that bikes over that speed needed licenses.

However, the Department for Transport said as long as the bike was not ridden faster than 15mph on a public road, no law would be broken."

Confused? You will be!!

Regards David

 

[flecc]

However, the Department for Transport said as long as the bike was not ridden faster than 15mph on a public road, no law would be broken."

Regards David

This of course is the position for these Kalkhoff S class bikes hitting our roads now. As soon as they are ridden with the power switched on at over 15 mph they become illegal since we only have in place UK and EU usage regulations for the standard e-bikes/pedelecs. Whether our government will ever get up to speed and bring in usage regulations for the high speed class is a moot point.

As for the new 500 Watt power allowed in the high speed class in Germany, I'd think there's little chance for us.
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[Mussels]

What worries me most is the uncertainty regarding the Wattage allowed, and whether an off road button was legal.

It seemed quite straight forward to us, however the new A2B Metro obviously has a huge motor but there is a 250W sticker on it which it seems makes everything OK!

As reported in the Evening Standard on 13th May

"There was confusion over whether the new bicycle would comply with the UK legislation because of the boost (off road) button - giving a top speed of 20mph. The Driver and Vehicle Licensing Agency said that bikes over that speed needed licenses.

However, the Department for Transport said as long as the bike was not ridden faster than 15mph on a public road, no law would be broken."

Confused? You will be!!

Regards David

I'd be suprised if anyone at the ES bothered checking any facts, it would make a change.

 

[Wisper Bikes]

Off road button

Thanks Flecc

So the DOT is saying that an off road button is OK as long as it is not used on the public highway, I can't imagine that is the case but I after several calls this morning it seems know one really knows.

Can I pick your brains Flecc? Do you have any idea how a 500W rated motor in the USA can be rated at 250W here? The directors of Ultra Motor say it is exactly the same bike the only change is the brakes have been swapped over.

All the best David

PS Andrew your newly re-framed bike is just about ready, when would you like it delivered?

 

[flecc]

So the DOT is saying that an off road button is OK as long as it is not used on the public highway, I can't imagine that is the case but I after several calls this morning it seems know one really knows.

Only if that newspaper report is correct, but I have my doubts that the DfT were reported correctly. I think a test case would bring it down to a question of access to the higher speed. A bike that could have a modification to the controller to make it go faster would certainly be ok, but having a readily accessible button on the handlebars would need a generous interpretation of the law, which might well be obtainable in a local court.

My answer on the Kalkhoff S class usage above was based on that generous view being applied. If the issue was properly examined in a senior court their usage in the UK would I'm sure be ruled illegal. That S bike is EU type approved which does apply here in the UK, but there is no provision for it's legal usage as a high speed class bike. The bike is legal but using it isn't.

Can I pick your brains Flecc? Do you have any idea how a 500W rated motor in the USA can be rated at 250W here? The directors of Ultra Motor say it is exactly the same bike the only change is the brakes have been swapped over.

The application of the power limit law has been so slack that in effect the power is whatever the designer says it is. The law itself is problematic since it's the power applied at the road surface that would apply in practice, not the gross or net power of the motor system itself. However, since the law specifies "continuous maximum power" without defining that, no-one knows quite what that is or how to measure it. Its more a matter of opinion than anything else.

Take the torque sensor pedelec bikes like the Panasonic system. Their maximum power output depends on how much power the rider exerts throgh the pedals. Since the law doesn't define a rider power, the actual continuous maximum output cannot under any circumstances be accurately measured and stated by a designer. Panasonic have defined the maximum power as 390 Watts on a nominal 24 volt supply with the torque sensor loaded to it's maximum, equating to a very strong rider, but for the purposes of the law they define the system as a 250 Watt one.

If we were really honest, we'd admit that most non-pedelec e-bikes would, if loaded suitably by a very long alpine climb and ridden at the speed appropriate to that until the battery ran out, exceed the power output of 250 Watts by a fairly large margin. Some models would undoubtedly double that, so that Ultra bike has company in practice.

Since pedelec only law is coming in the not too distant future and torque sensors will become common, I don't think its worth worrying too much about power limits at present. I'm sure the DfT would not want to be involved in any test cases before the present legal position is sorted.
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[MonVal Electra]

So the DOT is saying that an off road button is OK as long as it is not used on the public highway, I can't imagine that is the case but I after several calls this morning it seems know one really knows.

Hi David, the following statement, is from the 'Dept for Transports' own fact sheet found here:

Department for Transport - Electrically assisted pedal cycles in Great Britain

Electrically assisted pedal cycles in Great Britain

Fact sheet:
Electrically assisted pedal cycles (EAPCs) in Great Britain
Electrically Assisted Pedal Cycle (an "EAPC")
In GB, the EAPC Regulations[1]; apply to certain bicycles, tandem bicycles or tricycles fitted with pedals by means of which they are capable of being propelled. For the regulations to apply, the motor assistance must be provided by an electric motor and not by an internal combustion engine. The electric motor must not be able to propel the machine when it is travelling at more than 15mph.

... Now to me, reading the above statement, it seems pretty clear cut that: if riding on a public highway, and all you have to do to go faster than 15mph is press a button, then the machine is illegal, because the electric motor IS clearly propelling the machine faster than the 15mph on road limit.

If the DOT really do let this bike hit the roads legality unchallenged, then they must realise that quite a few of us suppliers will follow suit with similar buttons on various models because the precedent will have been set.

...Of course, our 'off road buttons', really will be for 'off road usage'

 

[Fecn]

I am still of the opinion that Maximum Continuous Power is a perfectly valid motor specification which can be calculated based upon the thermal failure point of the insulation on the motor coil windings and the motor's ability to dissapate heat (Maximum power dissipation). (as per my post here... http://www.pedelecs.co.uk/forum/38748-post58.html )

However, the 'continuous' part of that definition is open to massive abuse, as the mass of the motor will act as a thermal dump. enabling it to absorb a large amount of energy before heating becomes an issue (e.g. peak power). As such, a motor with a maximum continuous power rating of 250W might actually be able to handle 500W for two hours (or more) before the ability of the motor to dissipate the heat back the the outside world becomes a limiting factor.

The maximum continuous power rating is used in other legislation too.. such as electric scooters (4KW max)

Sticking to the letter of the law, this could actually mean that taking a 250W motor, adding some additional cooling to it, and then running it at a higher voltage to push more watts through might be a perfectly legal modification to make, as the motor rating remains unchanged.

 

[Mussels]

I am still of the opinion that Maximum Continuous Power is a perfectly valid motor specification which can be calculated based upon the thermal failure point of the insulation on the motor coil windings and the motor's ability to dissapate heat (Maximum power dissipation). (as per my post here... http://www.pedelecs.co.uk/forum/38748-post58.html )

However, the 'continuous' part of that definition is open to massive abuse, as the mass of the motor will act as a thermal dump. enabling it to absorb a large amount of energy before heating becomes an issue (e.g. peak power). As such, a motor with a maximum continuous power rating of 250W might actually be able to handle 500W for two hours (or more) before the ability of the motor to dissipate the heat back the the outside world becomes a limiting factor.

The maximum continuous power rating is used in other legislation too.. such as electric scooters (4KW max)

If heat dissipation is a crucial part of the power rating is there any defined external temperature for testing or can the testers simulate desert temperatures?

 

[Fecn]

If heat dissipation is a crucial part of the power rating is there any defined external temperature for testing or can the testers simulate desert temperatures?

When I was doing my research I read that the defined temparature for the ratings is 25C in still air.