350W BMS Battery legality problem

D

Deleted member 4366

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They use EU approved labs to test the bikes for EN15194 compliance. Self build is inherently legally more risky, but unlikely to cause problems if the self build complies with the law.
My understanding is that EN15194 requires that the motor must be rated at no more than 250w by the manufacturer, so as long as the manufacturer provides a letter or certificate to this effect, there's no need to test. The only thing to test regarding performance would be the 25kph speed.
 

NRG

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Exactly!



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Jeremy

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I don't think I've read a thread with more confusion over the legal aspects of UK ebikes.

If you want a 250W ebike then it has to comply with the EU standard, EN 15194:2009, and be certified against it with some form of Type Approveal issued by an EU state.

The exact wording of the power definition and maximum assisted speed from EN15194:2009 is:

" electrically power assisted cycles of a maximum continuous nominal power
of 0,25 kW, whose power is gradually reduced and finally stopped when the vehicle reaches
a speed of 25 km/h, or sooner, if the cyclist stops pedalling "


Note that EN15194, unlike the UK EAPC regulations (SI 1168, 1983) does NOT make it clear as to whether the power is the electrical power input, or the mechanical output power, nor does EN15194 make mention as to where the power should be measured (at the motor shaft, gear output shaft, bicycle tyre etc). The only clarification on power is the manufacturer (of the ebike, NOT the motor) making a statement as to what they consider to be the continuous rated power in these terms (note that I have emphasised "specified"):
" continuous rated power
continuous (or constant) output power specified by manufacturer, at which the motor reaches its thermal equilibrium at given ambient conditions

NOTE Thermal equilibrium: temperatures of motor parts do not vary more than 2K per hour. "


If you are the manufacturer of the ebike, you can (in fact must) specify what you consider to be the continuous output power. You may well choose to use a motor rated at a very much higher power and under-rate it for reliability, which is perfectly acceptable.

Given that at least one Acceptable Means of Compliance is the simple acceleration test:

" Maximum power measurement - Alternative method
D.1 Generalities
This Annex gives guidance on how to measure the power at the wheel.
The maximum power which the bicycle gives assistance may differ by ± 5% of the power indicated on the label described in Clause 5. During a production conformity check, the maximum speed may differ by ± 10% from the above-mentioned determined value. The test shall be performed without pedalling using only the electrical assistance system (the test bicycle shall be prepared accordingly).

D.2 Test conditions
a) The test may be performed either on a test track, a test bench or on a stand that keeps the motor driven wheel free of the ground.
b) The speed-measuring device should have the following characteristics:
- Accuracy: ± 2%
- Resolution: 0,1 km/h
c) The ambient temperature should be between 5 °C and 35 °C.
d) Maximum wind speed: 3 m/s.
e) The battery should be fully charged according to the manufacturer's instructions.
f) The test should be performed with mass of the test bicycle equal to 150 kg.

D.3 Test procedure
Any appropriate method for checking for this requirement is acceptable.
a) Pre-condition the EPAC by running it for 5 min at 80% of the maximum assistance speed as declared by the manufacturer.
b) Stop the bicycle.
c) Note the time between the action start and the EPAC to travel 20 meters.
d) Verify the speed value is equal or less than the maximum speed declared by the manufacturer after 20 metres (D).
e) Verify the maximum continuous rated power at wheel is: P = m x 2D²/T³ with the time T which is the noted value in c).

NOTE Considering that on a test track, the engine temperature is not stable, and the grip of the tyre on the road can be variable, the result of the measurement should be decreased by 1,10 to consider the measurement uncertainty. The measure is compared to the limit given in the scope of this European Standard. "


and as this does not measure power at the motor, motor shaft, electrical input power etc, but derives average power over a very short test run, then we can say with certainty that EN15194 does accept a form of output power measurement in terms of motive power delivered, rather than any other form of power measurement or rating provided by any manufacturer of any component.

In simple terms, unlike the UK EAPC regulations, EN15194 has, in effect, removed the absolute requirement for the motor to meet the 0.25kW stated limit, by allowing an Acceptable Means of Compliance that can be met with a motor of a much greater power. In pure legal terms, there is a perfect defence to a claim that your motor exceeds the 0.25kW limit IF you can show that your ebike meets EN15194 by means of passing the acceleration test. In practice, an ebike of more than double the legal power can pass this test, by the simple expedient of adjusting the throttle/pedelec response time.

As flecc has rightly said, many (I suspect most) "legal" ebikes deliver far more than 250W, with many delivering perhaps 2 or 3 times that power. For example, a 500W ebike can be perfectly legal as long as it passes the EN15194 acceleration test, only provides electrical assistance when the pedals are rotating, ceases to provide electrical assistance at speeds above 25 km/h and complies with the relevant aspects of the EMC Directive and also perhaps the Low Voltage Directive (only if any voltage within the ebike systems exceeds 60V DC).

When it comes to home made ebikes then things are less clear. You can choose to get your ebike certified and Type Approved against EN15194:2009, but as someone who used to be a head of Type Approval for UK electronic equipment I can tell you that this is a very expensive path to follow! The only other way to legally build an ebike here in the UK is to choose to show compliance with the UK specific EAPC regulations under SI 1168, 1983. You can do this by getting the Vehicle Inspectorate to agree that your ebike is compliant. Unlike EN15194 there are no agreed Acceptable Means of Compliance for SI 1168, so you are on your own when it comes to providing acceptable test evidence to the Vehicle Inspectorate. I doubt that anyone has ever done it, TBH, and this technically makes every DIY ebike in the UK illegal simply because they don't have any paperwork or verified rating plate to show they are legal.

If you do want to be legal under the UK EAPC regulations, then in terms of power you have to prove that the " continuous rated output of the motor must not exceed 200 watts ". Note very carefully that this is specific, it is the mechanical power output of the motor, not the electrical power input and not the power after any gear reduction system there may be. For example, if you had a geared hub motor, then you would have to take the hub apart and use a dynamometer to test the motor power output and ensure that it did not exceed 200W continuous (note: it is still perfectly acceptable for the motor to deliver hundreds of watts more than this for short periods!).

Hopefully this might put to rest all the BS about "legal" and "illegal" ebikes based on misquoted and misunderstood (in the main) comments about power that dominates this forum, and get some of the holier than thou types to stop and think, especially if they ride an ebike that has neither an EN 15194:2009 Type Approval Certificate or a Vehicle Inspectorate approved rating plate, making them illegal irrespective of the motor power......................
 
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shemozzle999

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Just to make it clear, Jeremy is also a regular contributor on the Endless Sphere site and assists on all things technical on overpowering systems.
 

neptune

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Referring to section D.2 test conditions. In subsection a we are told that the bike can be tested on a test track, on a bench or test stand.Then, in sub section d we are told that the wind speed must not exceed 3 metres/second. Why? What possible effect could the wind have if the bike is tested on the stand or bench?
I suggest that sub section d be re written to read as follows.

WARNING. It is of the utmost, vital importance that the wind speed does not exceed 3 metres/second.

If it does, it doesn`t matter.
 
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D

Deleted member 4366

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Jeremy, I'm not sure that your last paragraph is correct. Just because your bike hasn't been certified. doesn't automatically make it illegal. It would have to be tested to prove that it's illegal, and, as you rightly pointed out, the criteria are not very clear.

When a manufacturer rates a motor power, it's normally a minimum rating. They test and certify that the motor will be able to run at that rating without problems. It could actually run continuously at a much higher power. EN15194 allows for this by including the word "nominal", which means that the manufacturer can call the rating whatever they want below its actual maximum rating. The acceleration test can be chosen as a way of confirming compliance in the absence of other data. It isn't mandatory, and any bike would pass the test with the soft-start throttle algorithms that sensible people use on their higher powered bikes.

It's almost impossible to tie down an electric vehicle's power because it's too easy to change the current to the motor. You'd need to specify/test the motor at a fixed voltage, temperature and current, and then put a cap on the maximum current allowed, which is also very difficult to measure because it changes continuously through three phases. You could put a cap on battery current and voltage, but that would be unfair on the different manufacturers systems.

Finally, if you have a Q100 powered bike, and you wanted to prove that it wasn't over-powered, you would only need to get a chartered engineer to compare it's power to a BH Emotion Neo, which has certified compliance, and get a letter from him that the Neo has substantially more power in any sort of test, and that should be compelling evidence.
 

shemozzle999

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Just to make it clear, Jeremy is also a regular contributor on the Endless Sphere site and assists on all things technical on overpowering systems.
Also that d8veh and Jeremy have had several differences of opions on that other site.
 

morphix

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Some interesting contributions on the legal side of things :)

So in a nutshell, it's ok to have a motor that is higher power than 250W fitted on a bike, if you declare its "nominal" power output to be 250W or less (the power at runs at most of the time under normal conditions)... and, it's actually the controller which determines that? So basically, your controller is what makes the bike comply with the legal guidelines given on speed and continuous output?

Obviously a motor under heavy load or stress may draw MORE power than 250W, for example when climbing a hill..but that doesn't make the bike illegal. There is a balance between a legal AND functional bike eh.. and common sense would seem to apply.

Perhaps in lay man's terms you can compare it to rating a washing machine, it runs at a normal spin speed and power output most of the time and so you say its power rating is X but when its doing a short faster spin cycle (to rinse out water) it can dramatically increase power usage and output...but that doesn't mean you rate it at the higher power output on the manufacturing spec, you use the nominal output figure.
 
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Jeremy

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Jeremy, I'm not sure that your last paragraph is correct. Just because your bike hasn't been certified. doesn't automatically make it illegal. It would have to be tested to prove that it's illegal, and, as you rightly pointed out, the criteria are not very clear.

When a manufacturer rates a motor power, it's normally a minimum rating. They test and certify that the motor will be able to run at that rating without problems. It could actually run continuously at a much higher power. EN15194 allows for this by including the word "nominal", which means that the manufacturer can call the rating whatever they want below its actual maximum rating. The acceleration test can be chosen as a way of confirming compliance in the absence of other data. It isn't mandatory, and any bike would pass the test with the soft-start throttle algorithms that sensible people use on their higher powered bikes.

It's almost impossible to tie down an electric vehicle's power because it's too easy to change the current to the motor. You'd need to specify/test the motor at a fixed voltage, temperature and current, and then put a cap on the maximum current allowed, which is also very difficult to measure because it changes continuously through three phases. You could put a cap on battery current and voltage, but that would be unfair on the different manufacturers systems.

Finally, if you have a Q100 powered bike, and you wanted to prove that it wasn't over-powered, you would only need to get a chartered engineer to compare it's power to a BH Emotion Neo, which has certified compliance, and get a letter from him that the Neo has substantially more power in any sort of test, and that should be compelling evidence.
In terms of strict liability in law, then the onus is on you to show, at the time and when asked by an appropriately authorised person, that your electric bike is legal. At the moment there are two ways of doing this, either you show the authorised person the rating plate on the bicycle (not the motor) that shows compliance with SI 1168 (and this isn't some sort of sticker you can print off at home, as it would have to be backed by an evidence chain showing compliance had been verified) or you show evidence that the electric bike has been Type Approved against EN15194:2009.

In law, timing is key, you cannot retrospectively make an ebike legal, even if it is compliant with the regulations. If you build a DIY ebike that you are sure complies with SI 1168 (not EN15194:2009) but don't actually bother to get it verified as such by the Vehicle Inspectorate, then the ebike is illegal, cannot be insured as a bicycle for third party liabilities and places you at risk of prosecution. If prosecuted you may well have excellent mitigating circumstances if you can show, after the date when challenged, that the ebike does comply with the requirements of SI 1168, and, perhaps, that the Vehicle Inspectorate isn't set up to certify DIY ebikes. Note that in law it could only be mitigation, you're automatically guilty of the charge if you were shown to have been riding it on a public highway or other space where the public have access.

You cannot use the requirements of EN15194 when making a mitigation plea, though, as the regulations are clear - Type Approval cannot be granted retrospectively to any product after the date that it had first been "put into service" in EU-speak.

There is no requirement to involve chartered engineers now, and hasn't been for a few years. Certainly pre-1998 you might have occasionally been asked for an "Engineers Report" when getting approval for an odd vehicle, but even then there wasn't a requirement for the engineer to be chartered (again, as an inveterate tinkerer and builder of odd vehicles I have personal experience). In the case of a cycle or vehicle that does not require Single Vehicle Approval as a one-off, then the authorities will happily accept a report written by anyone as long as the data in it can be checked (in fact they don't even seem to check it, in my experience). I know this for a fact, as I had to go through the process when converting my RD50 to electric power a couple of years ago.

I wholeheartedly agree that the "power rating" on the vast majority of ebikes is fairly meaningless, particularly for those Type Approved against EN15194 where there is a great deal of leeway allowed in practice. For the few ebikes that may have been certified as being compliant with the somewhat more restrictive SI 1168 then although the power output rating is clearer, there is still scope for a fair bit of variation. If, for example, you (as the manufacturer of a DIY ebike) decided that the maximum continuous motor output power would be that when the motor temperature stabilised at just 5 deg C above ambient, then you could probably legally run a 1000W motor, just by accepting that it would get hotter than 5 deg C above ambient under some operating conditions!

Those making accusations of illegality on here, with people getting wound around the axle of the extremely flexible legal interpretation of motor power that is allowed, need to understand that both sets of regulations we currently have allow a very wide range of motor power. They also need to accept that there are thousands upon thousands of illegal ebikes in the UK. Pretty much every imported ebike sold in places like ebay, or from market stalls and the like, will be illegal, simply because it's unlikely to have been through EN15194 Type Approval or have been certified against SI 1168.

Should people worry about this? Probably not. There are so many laws** that we break every day, that have little or no impact on anyone and for which prosecution is very rare that I see no reason to worry about the technicalities of this one. It's far more important, in my view, to ride safely and sensibly and maintain a low profile about the electric assistance.

** If you want to check, just look at the plethora of laws still on statute that it's near-impossible for us not to break, despite the best endeavours of the Statute Law Revision team
 

Jeremy

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Some interesting contributions on the legal side of things :)

So in a nutshell, it's ok to have a motor that is higher power than 250W fitted on a bike, if you declare its "nominal" power output to be 250W or less (the power at runs at most of the time under normal conditions)... and, it's actually the controller which determines that? So basically, your controller is what makes the bike comply with the legal guidelines given on speed and continuous output?

Obviously a motor under heavy load or stress may draw MORE power than 250W, for example when climbing a hill..but that doesn't make the bike illegal. There is a balance between a legal AND functional bike eh.. and common sense would seem to apply.

Perhaps in lay man's terms you can compare it to rating a washing machine, it runs at a normal spin speed and power output most of the time and so you say its power rating is X but when its doing a short faster spin cycle (to rinse out water) it can dramatically increase power usage and output...but that doesn't mean you rate it at the higher power output on the manufacturing spec, you use the nominal output figure.
Yes and no.

In terms of legality, then the onus is on you, as the manufacturer of a DIY ebike, to be able to show, if challenged, that, at the time you first used it on a public highway or publicly accessible space, it had either been Type Approved against EN15194 or had been certified against the requirements in SI 1168.

The motor power is somewhat of a red herring, as you say it can be way over the nominal power limit and be legal. It's also quite possible to be at or below the nominal power limit and be illegal, by exceeding the maximum assist speed, for example.

As I replied to d8veh, if prosecuted the law does not allow you to plead not guilty based on retrospective testing or inspection, but such testing or inspection would be pretty powerful mitigation, probably powerful enough for you to receive no penalty other than the black mark of having been found guilty.

Things might be different if you are involved in an accident, but oddly they may not be as bad as some might think, as in law there is a bit of a Catch 22 here. If you are riding a DIY ebike, get involved in s a serious accident and face heavy damages for injury or damage to third parties, and if your ebike is found to be illegal, then technically it then becomes a motor vehicle. The law regarding motor vehicles and insurance is unusual, in that even an uninsured motor vehicle has some form of third party protection as a consequence of the compensation offered by the Motor Insurance Bureau and possibly the Criminal Injuries Compensation Authority. So, rather bizarrely, you could actually be better off if you had a serious accident on an ebike that was determined to be a motor vehicle, I believe!
 

morphix

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Jeremy so you're saying merely presenting a bike for the approval you mention, with a motor that is CAPABLE of more than 250W nominal output (or even specifically rated as nominal 350W power for example) would render it not deemed to be acceptable for the ebike-type approval? If we just put the whole controller/operating parameters aside.

So just the fact it's got a 350W nominal output motor or a motor capable of exceeding the nominal 250W makes it illegal and a motor vehicle?

Or would they look at the whole picture and say ok the controller is giving us an acceptable nominal power output from that motor and the speed is restricted, so it's still within the law?

I guess what I'm asking in a long-winded way is, does the law place emphasis on POTENTIAL CAPABILITY or ACTUAL results, i.e. how the bike performs as presented..(regardless of the fact a new controller, or a tweak here and there, could substantially increase the latent speed/power POTENTIAL for that motor). Would you need a motor fitted that definitely cannot provide a nominal output higher than 250W under normal riding conditions, no matter what you do with the controller?
 
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Jeremy

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Jeremy so you're saying merely presenting a bike for the approval you mention, with a motor that is CAPABLE of more than 250W nominal output (or even specifically rated as nominal 350W power for example) would render it not deemed to be acceptable for the ebike-type approval? If we just put the whole controller/operating parameters aside.

So just the fact it's got a 350W nominal output motor or a motor capable of exceeding the nominal 250W makes it illegal and a motor vehicle?

Or would they look at the whole picture and say ok the controller is giving us an acceptable nominal power output from that motor and the speed is restricted, so it's still within the law?

I guess what I'm asking in a long-winded way is, does the law place emphasis on POTENTIAL CAPABILITY or ACTUAL results, i.e. how the bike performs as presented..(regardless of the fact a new controller, or a tweak here and there, could substantially increase the latent speed/power POTENTIAL for that motor). Would you need a motor fitted that definitely cannot provide a nominal output higher than 250W under normal riding conditions, no matter what you do with the controller?
First of all, you cannot, as far as I know, reasonably get a DIY ebike to comply with EN15194, as to do so it would need to go through Type Approval testing and inspection, which is pretty costly. This means that a DIY ebike really has to be designed to comply with SI 1168, the UK EAPC regulations.

Unfortunately there is a bit of a problem with getting a DIY ebike certified against the requirements in SI 1168, because I don't believe that (based on my experience of dealing with them) the Vehicle Inspectorate are geared up to be able to provide the necessary certification for a one-off ebike.

The bottom line is that a DIY ebike in the UK has almost no way of being made 100% legal. Whether this matters or not depends not on the absolute legal position, but the practical one. One can break the law and not be prosecuted, it happens every day to hundreds, if not thousands, of people.

The power rating is really, as I mentioned above, a bit of a red herring. What really matters is whether or not you are likely to be prosecuted for riding an ebike that is illegal by virtue of not having been tested, inspected or otherwise demonstrated to be in compliance with one or other of the applicable sets of regulations. Far more important than the power rating will be the impression that the police officer, or other authorised person, has of both your riding and the ebike. My personal view is that someone riding a technically illegal DIY ebike, that doesn't look like a renegade from Mad Max, in a safe and responsible manner is extremely unlikely to be prosecuted.

Part of my view is based on experience, both as an expert witness in court and as a technical claims advisor to insurance companies. A couple of years ago I was asked to assist a gentleman who had bought a Chinese made "ebike" that looked like a scooter. It had odd pedals sticking out of the running boards that were almost impossible to use. He had bought it as a legal ebike, in good faith, from a seller in Southampton, ridden it to and from work for several months and then was stopped by the police for riding an unregistered motor vehicle. The police were very helpful. When I discussed it with them they made it clear that they weren't going to put forward any evidence for prosecution but they were adamant that the scooter wasn't legal and couldn't be ridden on the road. I tried (in vain) to help the owner get it through Motorcycle Single Vehicle Approval with the Vehicle Inspectorate, but it proved to be too difficult and costly to modify the scooter to get it through the test (as a Low Power Moped). In the end the gentleman scrapped the scooter, I believe.

I have no idea if the police in this case acted untypically, but I do believe that the main reason for them not passing on evidence to support prosecution was down to the fact the the gentleman had been riding safely and slowly when stopped and had absolutely no idea that the scooter he'd bought was actually illegal.
 

Jeremy

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Just for clarity here:

1) An ebike Type Approved (so probably not DIY), against EN15194 is allowed 250W nominal power, electric assistance to 25 km/h with the pedals rotating and with the power reducing as speed increases towards the assistance limit.

2) An ebike that complies with SI 1168 (which would probably include all DIY ebikes) is allowed 200W continuous motor output power (as defined by BS1727:1971) at a maximum assisted speed of 15 mph and must not weigh more than 40kg (for a solo bike). Because it must also comply with the Construction and Use regulations, it must also be fitted with a power switch that defaults to off when the ebike isn't moving and must be fitted with a plate stating the spec of the motor and battery and giving the manufacturers name. Just as with a car or motorcycle, the data on this plate has to be supported by evidence showing how the quoted figures were derived and how compliance with the requirement has been verified. Usually this verification would be by the Vehicle Inspectorate, as the government has delegated compliance proof to them.

I believe that you cannot use the 250W EN15194 power figure for a DIY ebike unless you also get the ebike Type Approved, so you are really stuck with using the SI 1168 power figure (which is, in reality, greater than 200W by virtue of the allowances within the compliance test method in BS1727).
 

flecc

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Jeremy

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