DVSA prosecutes UK company illegally supplying unrestricted e-(motor)bikes

[AndyBike]

DVSA prosecutes UK company illegally supplying unrestricted e-(motor)bikes

In a legal first, DVSA has announced the successful prosecution of a UK company which illegally supplied high powered electric assisted pedal cycles (EPACS) - n

cyclingindustry.news

 

[Andy-Mat]

DVSA prosecutes UK company illegally supplying unrestricted e-(motor)bikes

In a legal first, DVSA has announced the successful prosecution of a UK company which illegally supplied high powered electric assisted pedal cycles (EPACS) - n

cyclingindustry.news

Thanks for posting such an interesting snippet.
But I was aghast when I read more:-
As reported, “Worcester Magistrate’s Court heard that Monsterebikes Ltd were supplying “Falcon” branded EAPCs fitted with motors powered up to 8000 watts and capable of speeds over 70mph without having type approval in place to ensure that the design and construction is suitable for riding at such speeds.”

The bikes must have been dead easy to notice.

I wonder what the owners of such beasts of bikes want to do now? How about tax and insure and hope for approval?

regards
Andy

 

[cyclebuddy]

Presumably, the first of many such prosecutions given the rising popularity of e-biking. Most of the lower-end Chinese brands are equally guilty (even if their ebikes are far from this extreme) now they've effectively set-up shop in Britain post-Brexit.

 

[AndyBike]

I think the real issue we could have from this is they start applying stricter laws to ebikes, effectively turning them from being assisted bicycles into motorized mopeds and start placing restrictions like enforced lid wearing, taxation and even registration plates on our bikes.

 

[soundwave]

https://www.monsterebikes.co.uk/shop

they still sell the parts tho so you could still build one but a bomber frame of ebay is 300 quid and the same thing anyway bar paint job.

 

[Ocsid]

I think the real issue we could have from this is they start applying stricter laws to ebikes, effectively turning them from being assisted bicycles into motorized mopeds and start placing restrictions like enforced lid wearing, taxation and even registration plates on our bikes.

I am not sure there is anything to imply any more stricter rules being applied to e bikes, well "pedelecs", where it probably will lead is to more strictly applying the laws already in place?

For the individual that accepts being legal, that poses no issues, indeed it probably ensures legal bikes will have a future, the danger is to the whole class with all its privileges being screwed, by those not settling for the legal product.

No excuse IMO, as there are routes to legal ownership of bikes outside pedelecs, just they don't come with the same use privileges.

 

[GSV3MiaC]

Most of the parts are out of stock though. In custody?

 

[soundwave]

Most of the parts are out of stock though. In custody?

just have to get the rest off ebay lol

 

[flecc]

No mention of any punishment or even whether Monsterbikes were punished in any way. Only a mention of successful prosecution, which could mean many things.

It isn't illegal to sell such a machine, they'd had to have said or implied that they were suitable for road use to get prosecuted and found guilty.

For example it's illegal use personally owned e-scooters in Britain, but Halfords does brisk business selling huge numbers of them. They only used to warn about the law on one web page, but now warn during the online buying process. Whether their staff in their shops warn I don't know, hopefully they do.

There are also many suppliers of non type approved i.c. motorbikes and quad bikes and they are never prosecuted.
.

 

[Nealh]

It sounds like the prosecution is not for selling an ebike /moped but that the bike wasn't supplied with a certificate of conformity documentation to allow the seamless path for approval to become a legal roadworthy moped. The conformity means it must pass certain criteria /testing without the need to further modify it.
Under the current guise of selling it, there is no frame work to follow to allow it's legal use, all S -pedelecs from leading brands will all supply a cert of conformity to show it meets all EU legal requirements.

One suspect all these 1kw hub bikes sold also have no cert of conformity either but whether those vendors will be collared as well, who knows.
The cyclotricity bikes also should fall under the same DVS scrutiny as they are illegal with no way cert of conformity.

 

[sjpt]

Interesting thread. It'll be interesting to see if anything much comes of it, and if they start clamping down on less obviously illegal machines.

How about tax and insure and hope for approval?

Minor technicality, I don't think you'd be able to tax it until it was approved. And I suspect that would make insurance really difficult too,

 

[flecc]

It sounds like the prosecution is not for selling an ebike /moped but that the bike wasn't supplied with a certificate of conformity documentation to allow the seamless path for approval to become a legal roadworthy moped. The conformity means it must pass certain criteria /testing without the need to further modify it.
Under the current guise of selling it, there is no frame work to follow to allow it's legal use, all S -pedelecs from leading brands will all supply a cert of conformity to show it meets all EU legal requirements.

One suspect all these 1kw hub bikes sold also have no cert of conformity either but whether those vendors will be collared as well, who knows.
The cyclotricity bikes also should fall under the same DVS scrutiny as they are illegal with no way cert of conformity.

Vehicles that need registration as a motor vehicle if they are to be used on the public roads, can be legally sold without a CoC or even a VIN number. The supplier can only be prosecuted if they claim they can be used on the road as they are.

The proof of this is that one can apply for a CoC or VIN number for vehicles not having them, using systems set up for that purpose by the DfT. Of course they have to reach the necessary standards to have a CoC.

In the case of a VIN number being needed, the DfT usually needs to be satisfied that the vehicle originally had a VIN number when it had been lost in some way due to conversion, major repairs etc. However this doesn't apply to kit cars or vehicles originally never intended for road use but repurposed by alteration for that use. These are issued with new VIN numbers if someone wants to register them.

For any remaining indeterminate cases, vehicles are issued with Q registration number plates to record the uncertainty.
.

 

[Andy-Mat]

Interesting thread. It'll be interesting to see if anything much comes of it, and if they start clamping down on less obviously illegal machines.


Minor technicality, I don't think you'd be able to tax it until it was approved. And I suspect that would make insurance really difficult too,

Good point!
Andy

 

[lightning]

l've seen these "ebikes" out on the road and they are lethal, but also almost impossible to catch.
So unlikely to get done for riding one. They are almost always ridden badly, the wrong way up one way streets, through red lights, wrong side of the road, high speeds through parks etc

We seem to be unable to behave here in the U.K. lt doesn't happen in other countries to anything like the extent that it happens here.

 

[Nealh]

Mainly be cause we only have a token police force, abroad they have local and national forces and are pretty good at doling out fines.

 

[guerney]

 

[guerney]

Mainly be cause we only have a token police force, abroad they have local and national forces and are pretty good at doling out fines.

They've turned into pen pushers mostly it seems these days,only attending the most serious crime scenes. A 101 legal advisor told me shortly before something very nasty happened to a neighbour "Police react, we are not pre-emptive". Afterwards, the street outside was cordoned off and was swarming with more cops than I had ever seen in one place.

 

[flecc]

Mainly be cause we only have a token police force, abroad they have local and national forces and are pretty good at doling out fines.

Our police don't seem to be up to the job of roads policing, but the DVLA remain on the ball:

This motorist parked very close to my home sensibly chose a Dacia Sandero to cut his motoring costs.

Trying to cut the costs still further by not bothering to tax it with VED wasn't so sensible though, as the windscreen sticker and DVLA wheel clamp shows!