In a letter to the European Commission, BEBA is asking for clarification regarding the confusion over the EU review of the type-approval procedure for motorcycles which will impact upon EPACs and other light electric vehicles.
Dear Sir,
I am writing to you in my role as the Chair of the British Electric Bicycle Association; a self-regulatory trade body that exists to promote the uptake of electrically power assisted cycles (EPACs). Please note that in the UK we use this term to encompass all electric cycles whether they be propelled by a throttle or assisted pedalling or a combination of the two.
There is currently a lot of confusion over the EU review of the type-approval procedure for motorcycles which will impact upon EPACs and other light electric vehicles. I write therefore, to firstly clarify the situation and having done so, to convince you of the need to join me in supporting the proposed changes put forward by the European Two-wheeler Retailers’ Association (ETRA). As a member of the Internal Market and Consumer Protection Committee I see your role as vital in helping this industry.
There are currently two different European regulatory frameworks containing a set of technical rules that cover the manufacture of EPACs and light electric vehicles.
1. The Machinery Directive in combination with the EN15194 standard applies to EPACs with an electric motor that has a maximum continuous rated power of 250 watts and assists pedalling up to 25 kmh. Such EPACs are commonly termed ‘pedelecs’ and legally count as bicycles, so no helmet, licence or insurance is required by the rider. The manufacturer is allowed to perform self-certification or he can use a test house of his choice.
2. The type-approval procedure for motorcycles (European Directive 2002/24/EC) applies to EPACs with an electric motor that assists pedalling above 25 kmh and/or has a maximum continuous rated power of more than 250 watts, as well as to all EPACs and light electric vehicles that include the option of being propelled by the motor itself with no additional pedalling required by the rider. In these instances, such vehicles are considered mopeds and thus require helmet, licence and insurance. Certification is required through type-approval, which must be performed by accredited test houses.
EPACs may not be imported, sold or put on the EU market in any other way if they do not comply with one of the above regulatory frameworks. Currently there is no weight restriction in either of the regulatory frameworks.
As you are no doubt aware, at the end of last year the European Commission instigated a review of European Directive 2002/24/EC and developed a proposal aimed at updating the motorcycle type-approval procedure. This proposal, however, failed to take into consideration the changing technologies and as it stands does nothing to help EPACs and light electric vehicles. In fact, it includes requirements for motorcycles with internal combustion engines that are completely inappropriate. As I write, the proposal is currently with the Internal Market and Consumer Protection Committee.
ETRA has been lobbying the European Parliament with three main proposals. BEBA fully supports the proposals and would welcome your support too.
Firstly for those EPACs (pedelecs) which are currently restricted to a speed of 25kph and to a continuous rated power of 250 watts, BEBA and ETRA would like to see the continuous rated power limit abandoned, so that all EPACs with a speed of no more than 25kph are removed from the type approval for motorcycles and included in the Machinery Directive in combination with the EN15194. Irrespective of their power limit, the motor of EPACs automatically stops either when the rider stops pedalling or when he reaches a speed of 25kph.
Such a proposal would make compliance less onerous for the industry whilst increasing the appeal of pedelecs, particularly in very hilly areas and for those who need to carry extra weight. EN15194 would of course, need to be reviewed in turn to ensure adequate safety mechanisms within the technical specifications.
Secondly, for those EPACs and light electric vehicles which have a throttle allowing full propulsion without pedalling up to a speed of 25kph, again we would like to see these removed from the type approval for motorcycles and included in the Machinery Directive in combination with EN15194. In this instance BEBA and ETRA would like to include a weight restriction of 25kg to ensure that confusion with mopeds is minimised.
Again such a proposal would make compliance less onerous for the industry and would remove the current unnecessary discrimination against older people and disabled people who may not be able to pedal at all. Under the current UK legal framework, residents here have enjoyed this proposed arrangement since 1983, with no detrimental effects on safety to BEBA’s knowledge. Whether a rider chooses to pedal or not should be a matter of personal choice. The important safety factors are speed and weight.
The conventional cycling lobby erroneously believe that changes to the categorisation of EPACs and light electric vehicles will make them more dangerous and cause greater conflict with conventional cyclists and pedestrians. Provided there are adequate safety mechanisms in place (which can be achieved through the application of the Machinery Directive in combination with the review of EN15194) this will not be the case.
Thirdly, for those EPACs and light electric vehicles that will not be excluded from the type-approval, the technical requirements need to be adapted to these specific vehicles. ETRA has formulated the necessary amendments for that purpose. A type-approval that is technically not adapted to, and therefore not suited for, EPACs and light electric vehicles cannot result in the safety levels that should be aimed for.
Increasing the appeal of EPACs and light electric vehicles can reduce the number of cars on our roads, improve overall road safety and help reduce the ever increasing problems of obesity, noise, congestion, global warming and poor air quality. As a member of the Internal Market and Consumer Protection Committee you have a key role in shaping the future of local sustainable transport across the whole of Europe. I trust that you will give due weight to your decision in this matter.
Yours sincerely
David Miall
Chairman
British Electric Bicycle Association
