Whoosh bikes and the law

Flashlight

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May 1, 2016
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Hi all I have been looking at this forum and see alot of reference to whoosh bikes but here's my problem, my mum 55years old wants an electric bike has looked at the petite on the woosh website and loves the idea of the full throttle as she has a problem with her ankle, but after reading full throttles are illegal on here I don't know if she should get it, on the woosh website there is a link to the law on e bikes after 1St of Jan 2016 but website says they are OK if bought before 2018 please help me as my mum really wants this throttle bike
 
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trex

Esteemed Pedelecer
May 15, 2011
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The subject was discussed for months before 1/1/2016, the date the law changed. Bikes with throttle like the Petite should be put through type approval, but the apparatus for type approval is not ready yet. The DfT simply moves the date to when the test centres are ready and the process can be used, some time before 1/1/2018. Until then, bikes with throttle can still be sold.

You should read one of flecc's posts back at the beginning of January.

http://www.pedelecs.co.uk/forum/res...n-electrically-assisted-pedal-cycles-eapc.11/

The download button is at the top right corner.
it's a bit messy to download the attachment but para 3.2 is essentially a concession to the throttle until 1/1/2018, suppliers should still have plenty of stock until the apparatus for type approval is ready:
3.2 Requirements of European type approval for vehicles sold after 1 Jan 2018
From 1 Jan 2018 all EAPC which are of the “twist and go” type will need a full type approval to 168/2013. This encompasses a long list of requirements, on lighting, brakes, and so on, although in many cases “bicycle” CEN standards are accepted and low speed vehicles are exempt from some requirement
 
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JuicyBike

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Jan 26, 2009
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Derbyshire
We've recently been visited by the authorities at our shop in Buxton to check whether our bikes meet the legal requirements of the current state of the legislation. We were told quite clearly throttles up to 15mph are not legal to sell and we would be breaking the law if we did.
Nor are they legal to ride, but the chance of being caught is slim.
The chance of being involved in a serious accident though is much higher IMO, and then there could be consequences for both rider and quite possibly the retailer.
This all tallies with information distributed by the Bicycle Association to its members.
 

flecc

Member
Oct 25, 2006
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We've recently been visited by the authorities at our shop in Buxton to check whether our bikes meet the legal requirements of the current state of the legislation. We were told quite clearly throttles up to 15mph are not legal to sell and we would be breaking the law if we did.
Nor are they legal to ride, but the chance of being caught is slim.
The chance of being involved in a serious accident though is much higher IMO, and then there could be consequences for both rider and quite possibly the retailer.
This all tallies with information distributed by the Bicycle Association to its members.
But that isn't the case Bob, you can still sell them at present, as this extract shows. Note "Sold after":

3.2 Requirements of European type approval for vehicles sold after 1 Jan 2018

From 1 Jan 2018 all EAPC which are of the “twist and go” type will need a full type approval to
168/2013. This encompasses a long list of requirements, on lighting, brakes, and so on, although in
many cases “bicycle” CEN standards are accepted and low speed vehicles are exempt from some
requirements.
.
 

JuicyBike

Trade Member
Jan 26, 2009
1,671
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Derbyshire
I'm playing it safe. Advising our customers we can only send out bikes configured with throttles restricted to start assist speed.
 

craiggor

Esteemed Pedelecer
Jan 9, 2015
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But that isn't the case Bob, you can still sell them at present, as this extract shows. Note "Sold after":

3.2 Requirements of European type approval for vehicles sold after 1 Jan 2018

From 1 Jan 2018 all EAPC which are of the “twist and go” type will need a full type approval to
168/2013. This encompasses a long list of requirements, on lighting, brakes, and so on, although in
many cases “bicycle” CEN standards are accepted and low speed vehicles are exempt from some
requirements.
.
I take 3.2 to mean the type approval for pedal assist bikes will be in place in 2018.There is no type approval for pedal assist bikes only L1e-a at the present time.So if you want a pedal assist with full speed throttle it would need to go for msva.I'am pretty sure Shemozlle 999 has said a couple of times he can not find any legislation to say it is legal to sell bikes with full speed throttles.

Sent from my D101 using Tapatalk
 

gray198

Esteemed Pedelecer
Apr 4, 2012
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Hi all I have been looking at this forum and see alot of reference to whoosh bikes but here's my problem, my mum 55years old wants an electric bike has looked at the petite on the woosh website and loves the idea of the full throttle as she has a problem with her ankle, but after reading full throttles are illegal on here I don't know if she should get it, on the woosh website there is a link to the law on e bikes after 1St of Jan 2016 but website says they are OK if bought before 2018 please help me as my mum really wants this throttle bike
Hi mate.I am selling wife's Juicybike folder which has throttle and I belie
Hi all I have been looking at this forum and see alot of reference to whoosh bikes but here's my problem, my mum 55years old wants an electric bike has looked at the petite on the woosh website and loves the idea of the full throttle as she has a problem with her ankle, but after reading full throttles are illegal on here I don't know if she should get it, on the woosh website there is a link to the law on e bikes after 1St of Jan 2016 but website says they are OK if bought before 2018 please help me as my mum really wants this throttle bike[/QUOTE

Hi mate I am selling my wife's Juicybike folder which has a throttle and as far as I am aware it is perfectly legal. Something to do with grandfather rights. My wife is only 5'2 .She has decided to sell after having a nasty fall and will not be riding again. You are more than welcome to try it, depends on where you are of course. Pictures are on sale thread in classifieds

regards gray
 

Flashlight

Just Joined
May 1, 2016
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Hmm so if my mum gets this bike she can use the throttle or not? I am concerned that if she goes to Southend to there shop as she lives in Essex they will just say yes get it its fine to use when it's not
 

trex

Esteemed Pedelecer
May 15, 2011
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yes, she can. Don't worry about it.
 
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shemozzle999

Esteemed Pedelecer
Sep 28, 2009
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Hi all I have been looking at this forum and see alot of reference to whoosh bikes but here's my problem, my mum 55years old wants an electric bike has looked at the petite on the woosh website and loves the idea of the full throttle as she has a problem with her ankle, but after reading full throttles are illegal on here I don't know if she should get it, on the woosh website there is a link to the law on e bikes after 1St of Jan 2016 but website says they are OK if bought before 2018 please help me as my mum really wants this throttle bike
Please note the disclaimer at the end of the the draft document quoted in this thread:

The information in this document is a summary of the Department’s understanding of what the law requires. However, ultimately the interpretation of the law is a matter for the courts based on individual facts of any particular case. You are therefore advised to consult the relevant legislation and, if necessary, seek independent advice.

Taking that advice:

I think that even point 1.2 is suspect as the exemption for 6kph throttles.

Framework Regulation 168/2013 which is now in force clearly states what is permitted via exemption :

2. This Regulation does not apply to the following vehicles:

(a) vehicles with a maximum design speed not exceeding 6 km/h;

which clearly does not apply to an EAPC or an EPAC.

(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;

Of course if the EU Commission, who hold ultimate power making decisions, are prepared to endorse the Draft document then I would ask the moderators of this site to remove this posting.
 
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trex

Esteemed Pedelecer
May 15, 2011
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2. This Regulation does not apply to the following vehicles:

(a) vehicles with a maximum design speed not exceeding 6 km/h;
is this the only text that differentiates a 6kph throttle from a 25kph throttle?
 

shemozzle999

Esteemed Pedelecer
Sep 28, 2009
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is this the only text that differentiates a 6kph throttle from a 25kph throttle?
From the latest MCWG meetings regarding the outstanding 4 delegated regulations which are currently timetabled to come into force in August 2016 I have not seen any mention of throttles apart from a draft guidance flowchart which has been discussed in the December 2015 meeting and revised to version 2 in the January 2016 expert meeting and looks like it will be discussed further/finalised in the meeting on the 11 May 2016.

It only refers to exemption 2 (a) as justification of 6kph throttles - clearly wrong - but if they rule it is ok at commission level then that is what it will be.

I believe this can only be done clearly by changing exemption 2 (h) but it has been stated that framework regulation 168/2013 will not be considered for revision until the earliest date of 2018.

Only when the 4 delegated regulations come into force can a legal challenge be sort if there are no provisions made based on the treaty for human rights for the disadvantaged and the elderly.
 
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Flashlight

Just Joined
May 1, 2016
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So if I am reading this right she can buy the bike use the throttle until sometime around 2018 when a new test will come in like a bike mot, and then she may have to comply with new rules once the bike has been tested but at the moment this 3.2 disclaimer let's her use the throttle if she gets pulled over by the police?
 

trex

Esteemed Pedelecer
May 15, 2011
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yes, I think that's the case. When the type approval facility is in place, I guess in 2017 well before 1/1/2018, woosh and other sellers will need to get their bikes with throttle through the certification process, then your Mum can carry on using the throttle. The cost of certification would add a tiny amount to the price of the bike - I'd say less than £5 per bike, totally justified for the people who need it.
 
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gray198

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Apr 4, 2012
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Hi mate.I am selling wife's Juicybike folder which has throttle and I belie
Sorry don't know what happened to rest of my post. As far as I know it would be legal to use throttle on this bike, and you are more than welcome to have a try, which I suppose depends on where you are. I am not really that bothered about selling it but cannot see wife using it again so seems silly to keep it. Details in classifieds on this site

regards gray
 

Flashlight

Just Joined
May 1, 2016
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OK all thank you for your replies I will give her the information, I don't think it will put her off the bike as she likes cycling but is finding it harder because of a problem with her right ankle so she sees this bike as the fix cycle with help and if she gets to much pain use the throttle. Again thank you all for time/help
 

anotherkiwi

Esteemed Pedelecer
Jan 26, 2015
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is this the only text that differentiates a 6kph throttle from a 25kph throttle?
4.2.4.3
Start up assistance mode
4.2.4.3.1
Requirements
EPAC can be equipped with a start up assistance mode up to 6 km/h designed speed or lower values as specified by the manufacturer. Unauthorized use shall be prevented.

This mode shall be activated by the voluntary and maintained action of the user either when riding without pedalling or when the user is pushing the cycle.
 

shemozzle999

Esteemed Pedelecer
Sep 28, 2009
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4.2.4.3
Start up assistance mode
4.2.4.3.1
Requirements
EPAC can be equipped with a start up assistance mode up to 6 km/h designed speed or lower values as specified by the manufacturer. Unauthorized use shall be prevented.

This mode shall be activated by the voluntary and maintained action of the user either when riding without pedalling or when the user is pushing the cycle.
You have quoted from the test proceedures of EN15194 EPAC standards.

Before the bicycle can be classified as an EPAC it has to pass the Framework Regulation 168/2013 exemption rule 2(h) defined above and repeated below which does not allow the above hence my belief that only a change in the Framework Regulation can solve this impasse.

(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;
 
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Kudoscycles

Official Trade Member
Apr 15, 2011
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There is a very practical point guys....these bikes don't have a date stamp...there are thousands of e-bikes in use legally with throttles....do you seriously think that the police are going to do a timeline on every bike that has a throttle,firstly to determine the way the throttle works and then the age of the production of the bike.
No.