Help! A legal(ish) opinion please re 'amateur' pedelecs

[peterjd]

A question for those with a legal mind and/or detailed knowledge of the relevant legislation in respect of 'amateur' pedelec conversions.

Would it be legal to ride a converted bike (eg using an 'amateur' constructed 'kit' in my case with a commercial surplus motor and friction drive), a general purpose ESC circuit board, commercial (Bosch Lawnmower) 36V Lion battery, throttle, brake , on/off electrical switch, and mechanical disconnect (cable operated), if the electric motor drive is not used (electrically and/or mechanically 'turned-off'/disconnected ) above 25Km/hr? I will probably be making an automatic magnetic PAS system in due course (I have a suitable circuit) but wondered if in the meantime I used my electronic cycle speedometer as an indicator of when legally I needed to turn off the electrical assistance?

Peter

 

[flecc]

Meanwhile no Peter.

The law is very clear that the motor power can only be applied when pedalling and must stop when pedalling ceases. And the 15.5 mph cut off must be automatic, not under rider control.

Your proposed switch the DfT call an Off Road Switch and have said they are illegal. The part statement below they made at a joint meeting on 13th April 2013 when preparing for the current law:

"The use of an "Off Road Button" however is strictly forbidden now and is specifically mentioned in documents appertaining to new and existing guidelines."

This is what the law actually says about the pedelec's operation in the exemption from it being a motor vehicle:

(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. (15.5 mph)
.

 

[peterjd]

Meanwhile no Peter.

The law is very clear that the motor power can only be applied when pedalling and must stop when pedalling ceases. And the 15.5 mph cut off must be automatic, not under rider control.

Your proposed switch the DfT call an Off Road Switch and have said they are illegal. The part statement below they made at a joint meeting on 13th April 2013 when preparing for the current law:

"The use of an "Off Road Button" however is strictly forbidden now and is specifically mentioned in documents appertaining to new and existing guidelines."

This is what the law actually says about the pedelec's operation in the exemption from it being a motor vehicle:

(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. (15.5 mph)
.

Thank you - I guessed you would have an answer and anticipated it would be negative but it was worth a try. I presume I'm ok to use my bike with the gear attached but without any battery around - sadly it won't operate off of thin air . Peter

 

[flecc]

I presume I'm ok to use my bike with the gear attached but without any battery around

Yes, the type approval law which exempts pedelecs is only concerned with the operation of the system. Your attachments are just luggage, and there is even an appeal court ruling on a bicycle as luggage !

Of course if you did go ahead with your proposed manual system and rode within the pedelec law, your chance of being caught is negligible. And if you were caught by some freak chance, you would very likely escape with a verbal warning once you explained how you used it to be within the law.

But obviously I can't recommend you do that.
.

 

[vidtek]

Peter - the above is not strictly true for bicycles manufactured before these laws came into effect. For instance I have a 1986 bicycle with a DIY kit and am allowed therefore to have a throttle to enable speeds up to 15mph without pedalling. I believe the new laws came into force in 2016 (but I stand to be corrected on this).

 

[flecc]

Peter - the above is not strictly true for bicycles manufactured before these laws came into effect. For instance I have a 1986 bicycle with a DIY kit and am allowed therefore to have a throttle to enable speeds up to 15mph without pedalling. I believe the new laws came into force in 2016 (but I stand to be corrected on this).

Careful, all the other restrictions have been in place since 1983 so Peter's proposal was still very illegal before January 1st 2016.

The prior to 2016 differences were only the following:

Throttle without pedalling possible by default, but not specifically mentioned.

Power cut off had to happem at 15 mph, not 15.5 mph.

Only 200 watt rated maximum motor permitted,

Weight restrictions applied, 40 kg limit for bicycle pedelecs, 60 kg limit for tricycle pedelecs.

Labelling requirements were different.

Since he is making the pedelec from parts now, the prior to 2016 rules do not apply, especially since kit build has no legal status.
.

 

[vidtek]

OK I just found the relevant section of 1983 regs:


4. The requirements referred to in Regulation 3 above are that the vehicle shall:—

(a)have a kerbside weight not exceeding—

(i)in the case of a bicycle, other than a tandem bicycle, 40 kilograms, and

(ii)in the case of a tandem bicycle and a tricycle, 60 kilograms;

(b)be fitted with pedals by means of which it is capable of being propelled; and

(c)be fitted with no motor other than an electric motor which—

(i)has a continuous rated output which, when installed in the vehicle with the nominal voltage supplied, does not exceed—

(A)in the case of a bicycle, other than a tandem bicycle, 0.2 kilowatts,

(B)in the case of a tandem bicycle and a tricycle, 0.25 kilowatts; and

(ii)cannot propel the vehicle when it is travelling at more than 15 miles per hour.

here is the full text:https://www.legislation.gov.uk/uksi/1983/1176/pdfs/uksi_19831176_en.pdf