Just because you expressed an opinion, it doesn't mean that you corrected anyone. If what you said is true, just about every single ebike that you can buy in shops is illegal, since you can change the speed setting on any of them. They all have a back door into the speed setting if you know how to use it. So what is it, are they all illegal or not?
I've already answered, they are illegal for the reason mentioned. I'm well aware what can be done in e-bike software and am more versed in pedelec law than anyone else in this forum. When I correct someone on this law it is not an opinion and I post the legal details why that is so.
May I remind you that almost all the e-bikes sold in Great Britain from 10th November 2003 to 6th April 2015 were also illegal, not complying with the law, often in even more ways. So this new technical illegality is not at all unusual.
Our pedelecs operate under an exemption from being considered motor vehicles and that exemption has certain requirements. One is that its motor must not be capable of propelling the machine at or above 25 kph. Here is the copy and pasted exemption (h) from the Two and Three Wheeled Type Approval Regulation 168/2013:
"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"
Add to that clear law the DfT statement that any use of what they call an "off road button" to defeat the regulation is "strictly forbidden" and the legal position is abundantly clear.
In the joint meeting when that was spelled out, the DfT were adamant that any method of defeating the assist speed limit is illegal. Since the DfT create all pedelec law for Great Britain I'm happy to take their word for it.
Challenges like yours annoy me since they cause nothing but trouble, causing the uncertainty among members that leads to constantly repeated requests for clarification. Whether you like the law or not isn't relevant, it's very clear what the law is.
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