Approved ebike list?

[flecc]

Still waiting for someone to show me positive proof where in law its says a 250w bike with a throttle that works above 6kph is legal?

No-one can since there is no such law. However, the DfT are aware of the very large number of 250 watt e-bikes, including those with throttles, that are now on the roads due to the confused legal situation that's existed since 2003. To take care of this situation pending the revisions in the law coming into force, there appears to be a policy of discouraging prosecution in existence judging by recent events. There are after all an estimated well over 100,000 innocent people caught up by this mess through no fault of their own. The mess was created by government failure to keep all parts of the legislation compatible, so it would not be in the public interest or equitable to prosecute them.

 

[jazper53]

But the point is that curerntly they dont appear to have any rights as not legal. so why should they be given grandfather rights which is usually only given to something that was legal before the law changed.

Still waiting for someone to show me positive proof where in law its says a 250w bike with a throttle that works above 6kph is legal?

There is none, But one hopes revised legislation will catch up with the evolution of the market place.

 

[Jeremy]

But the point is that curerntly they dont appear to have any rights as not legal. so why should they be given grandfather rights which is usually only given to something that was legal before the law changed.

Still waiting for someone to show me positive proof where in law its says a 250w bike with a throttle that works above 6kph is legal?

I think you'll be waiting a long time!

I've spent a lot of time reading through all of the law on electric bikes in the UK and EU, and basically these are the only things that are legal with regard to solo electric bicycles:

1. An Electrically Assisted Pedal Cycle (EAPC) that has a motor with a 200W continuous rated output , as determined by testing to BS 1727:1971 at the rated battery voltage, a maximum power assisted speed 15mph, throttle or pedelec, and a maximum weight of 40kg. It must carry a data plate with manufacturers details, motor power output and battery voltage.

2. An Electrically Power Assisted Cycle (EPAC) that is Type Approved to EN15194 and has a motor that delivers a maximum continuous rated power of 250W, as confirmed by the test procedures in EN15194 and EN60034-1, with no power being delivered above 6km/h unless the pedals are rotating in a forward direction. Power assist must gradually reduce as speed increases and cease by 25km/h (~15.5 mph). Battery voltage must not exceed 48V and the bicycle must carry a label stating that it has been approved to EN15194 and also stating the power cut-off speed and the electric motor maximum continuous rated power.

 

[shemozzle999]

No-one can since there is no such law. However, the DfT are aware of the very large number of 250 watt e-bikes, including those with throttles, that are now on the roads due to the confused legal situation that's existed since 2003. To take care of this situation pending the revisions in the law coming into force, there appears to be a policy of discouraging prosecution in existence judging by recent events. There are after all an estimated well over 100,000 innocent people caught up by this mess through no fault of their own. The mess was created by government failure to keep all parts of the legislation compatible, so it would not be in the public interest or equitable to prosecute them.

It also appears that the EU law has not addressed the problem as the new Bosch crank drive units have an accessible connector to modify the units output and people are already exploiting this.

The power control unit should be encapsulated so it cannot be modified - this is the only thing that needs to be approved and then the allowance of a full throttle in the UK would not be an issue.

 

[flecc]

It also appears that the EU law has not addressed the problem as the new Bosch crank drive units have an accessible connector to modify the units output and people are already exploiting this.

The power control unit should be encapsulated so it cannot be modified - this is the only thing that needs to be approved and then the allowance of a full throttle in the UK would not be an issue.

It's not only the Bosch unit and I don't think legislation can deal with this, such provisions being to accommodate different markets where the legal power levels vary. They generally aren't meant for owners to exploit.

 

[shemozzle999]

Allowance of this provision by EU law, as they are freely available in the market place, is in effect a back door boost button which I thought was not allowed, hence my suggestion detailed previously.

 

[tillson]

a back door boost button

I hope this is what I think you mean and not some dreadful euphemism.

 

[Jeremy]

It also appears that the EU law has not addressed the problem as the new Bosch crank drive units have an accessible connector to modify the units output and people are already exploiting this.

The power control unit should be encapsulated so it cannot be modified - this is the only thing that needs to be approved and then the allowance of a full throttle in the UK would not be an issue.

As soon as you modify a vehicle to put it into another category, for example by deregulating the speed restriction on a moped to turn it into a light motorcycle, or by fitting an 80cc barrel and piston kit, then you have to ensure that it meets the requirements of the new category in order to remain legal.

In the case of an ebike that can be de-restricted, then by doing this it would become a motor vehicle, in all probability a moped, and would then have to be compliant with the relevant regulations for a moped to be legal.

There are plenty of precedents in law for dealing with this situation, perhaps the most common being the stipulation by insurers that all modifications must be notified to them. In the case of a legal ebike, where the owner may have insurance for it as a bicycle (or bicycle cover under a household policy) then by modifying it to turn it into a motor vehicle that insurance may no longer be valid.

Legislation and regulation can't really tackle the deliberate modification of vehicles, other than by defining legal categories in such a way that it's clear when something falls outside a particular category and into another.

 

[shemozzle999]

So is there any responsibility on the manufacturer under the newly approved EU law to ensure this is not possible? Because this is what we will be signing up to.

 

[GaRRy]

No-one can since there is no such law. However, the DfT are aware of the very large number of 250 watt e-bikes, including those with throttles, that are now on the roads due to the confused legal situation that's existed since 2003. To take care of this situation pending the revisions in the law coming into force, there appears to be a policy of discouraging prosecution in existence judging by recent events. There are after all an estimated well over 100,000 innocent people caught up by this mess through no fault of their own. The mess was created by government failure to keep all parts of the legislation compatible, so it would not be in the public interest or equitable to prosecute them.

So if a driver disqualified from driving has a accident for which they are at fault and is using a 250w bike with a throttle you are saying there is no chance of a case of driving while disqualified going to court?

Hopefully it never happens to anyone but I would not bet my house on it,

 

[GaRRy]

So is their any responsibility on the manufacturer under the newly approved EU law to ensure this is not possible? Because this is what we will be signing up to.

No. Why should a manufacturer be held responsible for the illegal modification of any product ?.

Now if they supply the parts and activily encourage it thats could be another matter

 

[flecc]

So if a driver disqualified from driving has a accident for which they are at fault and is using a 250w bike with a throttle you are saying there is no chance of a case of driving while disqualified going to court?

Hopefully it never happens to anyone but I would not bet my house on it,

Anyone suffering an unlikely attempt at prosecution for using a 250 watt e-bike pending the change in the law should contact either BEBA, the DfT or this forum, preferably contacting in that order. It's unlikely a prosecution will be pursued after doing that if the 250 watt/throttle issues are the only ones. The holding of a driving licence will not be relevant when the prosecution isn't pursued of course.

P.S. I'd bet your house on it!

 

[Jeremy]

So is there any responsibility on the manufacturer under the newly approved EU law to ensure this is not possible? Because this is what we will be signing up to.

No, the situation will be the same as for mopeds that can be illegally de-restricted, or a car or motorcycle owner that fits an unapproved part. The onus is on the owner (or rider/driver) to ensure that the vehicle in question isn't modified.

For example, if you buy a new performance exhaust for your motocycle, then unless it is approved and marked to the required standard you would be breaking to law if you fitted it and rode on the road. The same would be the case if you modified an approved EPAC to de-restrict it and turn it into a motor vehicle.

 

[GaRRy]

P.S. I'd bet your house on it!

How generous of you

 

[Jeremy]

Anyone suffering an unlikely attempt at prosecution for using a 250 watt e-bike pending the change in the law should contact either BEBA, the DfT or this forum, preferably contacting in that order. It's unlikely a prosecution will be pursued after doing that if the 250 watt/throttle issues are the only ones. The holding of a driving licence will not be relevant when the prosecution isn't pursued of course.

P.S. I'd bet your house on it!

I think there may be exceptions to this. If the accident involved injury or even death, then I think it is quite likely that the "blind eye" might well pop open and start looking at the strict interpretation of the law. I wouldn't even like to hazard a guess as to what might happen then.

Liability and negligence in law can be quite surprising at times. Years ago I was working on a double manslaughter case, where a volunteer had been charged following the alleged failure of a bit of structure and the subsequent death of a friend and another. The barrister leading the defence (who engaged my services) explained the law to me with an example where a man, who happened to be a motor vehicle technician, gave advice to his neighbour over the fence on changing the brake pads on his car. The neighbour made an error, unknown to the motor vehicle technician, and the brakes failed, causing an accident. The motor vehicle technician was held partly liable, as the court took the view that his advice, although free, was professional, so raising the standard of his duty of care above that of being simply a neighbour.

This leads me to suspect that, in the event of a serious accident, nothing would be off limits as far as pursuing charges against the bike rider might be concerned.

 

[shemozzle999]

And unfortunately it appears that that will still be the case if we adopt the proposed changes as nothing will change, as the problem has not been addressed, the possibility of someone unwittingly buying a modified bike will continue. Buyer beware will still apply.

 

[shemozzle999]

Anyone suffering an unlikely attempt at prosecution for using a 250 watt e-bike pending the change in the law should contact either BEBA, the DfT or this forum, preferably contacting in that order. It's unlikely a prosecution will be pursued after doing that if the 250 watt/throttle issues are the only ones. The holding of a driving licence will not be relevant when the prosecution isn't pursued of course.

P.S. I'd bet your house on it!

I would prefer to see that in law, rather than relying on the old boy network

 

[Jeremy]

And unfortunately it appears that that will still be the case if we adopt the proposed changes as nothing will change, as the problem has not been addressed, the possibility of someone unwittingly buying a modified bike will continue. Buyer beware will still apply.

Indeed, but that is the case when you buy a car, moped, motorcycle or any number of other approved items. Take the case of electrical safety as an example. It's now pretty well known that there are thousands of electrical products in the UK with fake approval marks. Some have been shown to be dangerous, in fact I have an ebike charger here that carries a CE mark yet cannot possibly have been tested and approved to the Low Voltage Directive 2006/95/EC, as required, as it had serious internal design and wiring errors that made it obviously dangerous. Recently I believe a warning was issued about fake iPhone chargers that were similarly found to be dangerous and falsely marked.

I'm sure there will always be unscrupulous people who are prepared to sell unlawful goods, just as there have always been. Regulation helps address that problem, but cannot remove it, so it is, indeed, buyer beware.

 

[Old_Dave]

CE mark

There are two variants of the CE mark

One which is the known and loved one wot gives a sense of well being, the other one stands for China Export.. however as the genuine one can be 'self certified' it kinda means diddly squat (except as a defence / excuse by the importer/retailer when its all gone bang and some one is injured)

 

[the_killjoy]

Maybe we should just accept that 95% of ebikes are illegal (throttle / assist past 15.5 mph / questionable 200/250w rating) and try not to draw attention to ourselves. If we get st*ffed it will be because someone with a 1000w bike is involved in a fatal accident and it's picked up by the media.