UK to Harmonise Electric Bike Law with Europe?

[Electrifying Cycles]

Interesting article on UK ebike laws.There are some key difference from Europe.

Throttles will be legal if the motor is rated no more than 250 watts but type approval will be required. This is likely to lead to higher costs for legal bikes with throttles

Unsuprisingly there is a no seperate Speed Pedelec catagory, a missed opportunity in my opinion.

The rest appears to be the same as Europe though it is my first day back so I have not yet read the more detailed document.

Bike Europe Summary
http://www.bike-eu.com/Laws-Regulations/Regulations/2015/1/UK-Harmonises-Electric-Bike-Law-with-Europe-1692554W/

Detailed information
http://www.legislation.gov.uk/uksi/2015/24/pdfs/uksi_20150024_en.pdf

Please note this has not been passed by Parliament yet. However it is unlikely much will change.

Dave

 

[KirstinS]

Odd, I can't see anything about throttles in the SI

And it was in the consultation

Although I don't recall type approval being required

I'll check when I have time

 

[flecc]

I saw the possibility and thought this might happen when the new amendments allowing 250 watts was introduced Dave, despite it appearing to leave throttles legal with 250 watts as a pedelec.

The root of the problem is the exemption clause for pedelecs in the two and three wheel motor vehicle Type Approval Law which specifically says power must stop when pedalling stops, in other words, EU law in the UK.

This means existing independent throttle e-bikes can continue in use indefinitely but new e-bikes bought after these new measures are passed by parliament will have to be pure pedelecs to avoid all bureaucracy.
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[flecc]

Odd, I can't see anything about throttles in the SI

And it was in the consultation

Although I don't recall type approval being required

I'll check when I have time

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See my post above, the throttle problem isn't in the e-bike law but elsewhere as mentioned.

Here's the exemption clause of that 168/2013 motor vehicle type approval law:

h) pedal cycles with pedal assistance which are equipped with an auxiliary electric motor having a maximum continuous rated power of less than or equal to 250 W, where the output of the motor is cut off when the cyclist stops pedalling and is otherwise progressively reduced and finally cut off before the vehicle speed reaches 25 km/h;

Clearly that does not allow an independent throttle on a pedelec without type approval.
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[flecc]

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Further to what I originally added to my first post above, I see in the explanatory note that pedal cycles does not stop at three wheels but now includes many. Also the very restrictive 60 kilos weight limit on e-trikes has been removed.

Both these measures will come as a relief to the makers of e-trike and e-quad pedicabs and pedivans, some of whom are British.
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[KirstinS]

Thanks flecc
That clear it up !

Although I'm a little disappointed as I had originally thought independant throttles had made it through

 

[flecc]

Me too, it appeared that way from the first announcement. Sadly this latest measure really means no throttles at all, even with type approval, since we only have the Moped class L1e-B for a type approved pedelec with throttle to go into.

That means registration, full motor cycle rear number plate, insurance, motor cycle approved crash helmet and a P1 moped licence if a car licence wasn't held before February 2001.

All for an e-bike restricted to 15.5 mph!

No-one's going to bother.
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[shemozzle999]

I may be wrong but the only reference to 168/2013 in the UK amendment is for the purpose to define the maximum continuous rated power:

(5)
After regulation 4 add—
“
5.
—(1) For the purposes of regulation 4(c)(i), “maximum continuous rated power” has the same meaning as in Regulation (EU) No 168/2013(a) of the European Parliament and of the Council of 15th January 2013 on the approval and market surveillance of two- or three-wheel vehicles and quadricycles.

It doesn't say that the exemption clause has to be applied.

 

[flecc]

It doesn't say the the exemption clause has to be applied.

This isn't about the power though, it's about the use of an independent throttle.

Any two or three wheeled motorised vehicle not exempted from type approval in the type approval part of 168/2013* has to be type approved and falls into a motor vehicle classification.

In other words the start point is the type approval law for anything with a motor. There the exemption clauses (a) to (k) are headed thus "2. This Regulation does not apply to the following vehicles:"

Anything not included in those has to be type approved.

The only possibility of exemption for us is (h) that I highlighted in blue here, and that doesn't apply to e-bikes with independent throttles.

* The type approval section of this was originally 2002/24/EC that came into force on 10th November 2003, starting the confusion between the two laws.
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[shemozzle999]

Currently:

2002/24/EC + UK EAPC = throttles allowed

(h) cycles with pedal assistance which are equipped with an auxiliary electric motor having a maximum continuous rated power of 0,25 kW, of which the output is progressively reduced and finally cut off as the vehicle reaches a speed of 25 km/h, or sooner, if the cyclist stops pedalling,

From 6th April 2015

2002/24/EC + UK New EAPC = throttles allowed??????????

(h) cycles with pedal assistance which are equipped with an auxiliary electric motor having a maximum continuous rated power of 0,25 kW, of which the output is progressively reduced and finally cut off as the vehicle reaches a speed of 25 km/h, or sooner, if the cyclist stops pedalling,


1st January 2016

168/2013 + New UK EAPC = throttles not allowed

(h) pedal cycles with pedal assistance which are equipped with an auxiliary electric motor having a maximum continuous rated power of less than or equal to 250 W, where the output of the motor is cut off when the cyclist stops pedalling and is otherwise progressively reduced and finally cut off before the vehicle speed reaches 25 km/h;

what is the difference in the requirements - what made the throttle legal?

 

[flecc]

The prior legality of the throttle from 1983 to 2003 was by omission, the EAPC regulations not mentioning any method of control, but the use of throttles became illegal when 2002/24/EC was introduced into UK law. That was widely ignored so we just continued with what we'd always done and the low profile of e-bikes back then meant there was no-one to correct that. It therefore became an accepted practice (but still illegal position) eventually.

The adoption of what is effectively EU law now reinforces what should always have been the case, and that is why I doubt we can get away with them any more. The Bike Europe article makes that very clear in the opening section and they don't usually make mistakes on the law.

I've no doubt many will try though, but they have no case since nowhere have our e-bike laws ever specifically permitted throttles.
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[Deleted member 4366]

Didn't that letter from the DfT say something about throttles?

 

[shemozzle999]

So the grandfather rights will only apply to (currently legal)?

a. 200w ebikes with a throttle.
b. 200w ebikes without a throttle.
c. 250w ebikes with a throttle.
d. 250w ebikes without a throttle.

From your post above my money is on "a"

 

[shemozzle999]

The Bike Europe article makes that very clear in the opening section and they don't usually make mistakes on the law.
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The article was written by Richard Peace who appears to be the author of an Ebike book I don't know what legal qualifications he has.

I think it needs another DfT FOI enquiry to get the answers to the above just to clarify the position.

 

[flecc]

Richard is a publisher (Excellent Books) and co-author with David Henshaw of "Electric Bicycles", a book I was the official reviewer of. Richard has no legal qualification. As a keen cyclist he has produced a number of cycling books, maps and articles. A reader of David Henshaw's A to B Magazine, when his ancient Ford Fiesta packed up he adopted an electric bike, a Nano-Brompton, for transport. He has reviewed some e-bikes for both A to B and Velovision so has an interest in them and their issues.

I can't see anything that needs clarification since the correct position has always been completely clear from 1983 through to today, despite the laws being flaunted in a wide variety of ways, causing confusion.

I'm happy for anyone to approach the DfT on this matter, but it will only produce either the legal position as I've stated it above or, just possibly but unlikely, their past common response that only a court can rule.

Member Jonathan75 who has considerable knowledge of EU law in associated relevant areas, has correctly detailed in here that when there is a conflict between UK law and EU law in these circumstances, the EU law prevails and our courts have to accept that. I see no conflict now, but add Jonathan's information to what we know and the position is clear that throttles are not legal and never have been since 10th November 2003.
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[shemozzle999]

In previous discussions it was mentioned that the DfT failed to repeal the 1983 law in 2002.
Is the current amendment to the 1983 law due in April 2015 only to establish that 250w motors are the "current law" for grandfather purposes thus getting dealers off the hook and then have it repealed on 1st January 2016?

I don't have a problem with that but exsisting owners of these ebikes need to know whether they are free of any illegalities.

 

[flecc]

In that case there probably isn't a problem according to the DfT. In the April 2013 meeting between the DfT, BEBA and interested parties when the acceptance of 250 watts being free of police prosecution was established, the DfT stated this in their intentions:

The DfT and Police are aware that electric bikes currently sold and used in the UK are fitted with 250W motors, they do not intend to become involved in prosecuting those that sell or ride them. The use of an "Off Road Button" however is strictly forbidden now and is specifically mentioned in documents appertaining to new and existing guidelines.

"Grandfather rights" will apply to all bikes sold before the new regulations come into force. So any changes will not be retrospective.

New laws not being retrospective is normal practice anyway, even for the most serious offences offenders prior to new acts usually cannot be sentenced with the offences made possible by the new acts, they have to be charged using earlier laws that still exist. It's inconceivable to me that such a minor issue as e-bikes would vary from this practice, especially since the old e-bike law will no longer exist.

Anyway the "grandfather rights" appear to protect owners of current throttle e-bikes since they stated "all bikes" and "any changes". Of course if we look deeply into this, their actual illegality since 2003 might continue to make them illegal in strict legal terms, but that could involve difficult legal issues and I doubt this is an important enough issue to create a problem.

I've long ago posted when discussing this expected change that owners of independent throttle e-bikes should establish proof of the existence of their e-bike before parliament approves the change and there is still time to do that. The minimum I'd suggest is a clear photo of their e-bike with a current newspaper within the photo, showing at least the headlines if not the date. Keeping the newspaper as well would be wise. Such proof might possibly be needed if a police officer wanted to prosecute in accordance with the latest law.
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[flecc]

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Further information

I've done some more digging and it's clear that a pedelec which complies with the section 1(h) exemption from Motor Vehicle Type approval in all respects other than having an independent acting throttle and/or motor rated power being up to 1000w will fall into class L1e-A for type approval to legalise use on any European road, including the UK.

These are the requirements to match that class:

L1e-A “powered cycles” are defined as cycles designed to pedal, equipped with an auxiliary propulsion with the primary aim to aid pedalling. The propulsion should be limited at a speed of 25 km/h and its maximum continuous rated power should not exceed 1000W. L1e-A includes two-, three- and four-wheel vehicles, i.e. also electric cargo bikes with more than two wheels.

What I now am trying to find out are the requirements for type approval and use, particularly in respect of fitted equipment and rider headwear. I anticipate that classification for type approval within a motor vehicle law might mean registration with rear number plate and third party insurance are requirements, but that is by no means clear at present since I've seen some conflicting information.

This class was formerly called the Low Powered Moped class in the UK and manufacturers/importers/suppliers of e-bikes in this category will have to obtain the type approval for each model at a cost of equivalent of several thousand pounds each. This will add some cost to each one sold of course as the OP has already observed.

Anyone building their own e-bike in this L1e-A class will have to take it through Single Vehicle Approval at a Vehicle Inspectorate depot, the cost moderate.
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[JohnCade]

So effectivly the many suppliers of pedelecs in this country with throttles will have to stop fitting them? Now the law is going to be brought into line with the rest of the EU and there is no ambiguity anymore they will have no choice presumably.

None of the sellers of these bikes who post here has commented though...It's still not clear to me from the above whether anyone buying such a bike now would find it was illegal in a fairly short time either.

 

[flecc]

Buying now is ok John, since parliament has still to see and approve the new law. That even makes change posible, but that is extremely unlikely since the consultation was concluded long ago.

E-bikes currently bought will be entitled to "grandfather rights" after the change as detailed by the DfT, and that includes having a throttle, since the current UK EAPC law does not prescribe a method of control.

Following the change, suppliers of bureacracy free pedelecs will be unable to offer throttles.

They will also be able to supply powered bicycles in the L1e-A class for legal road use if type approved for that purpose. As said above, I'm trying to find out what the requirements are for approval and use and I've emailed the DfT for more information on this.
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