E bikes and the Law update

Linfitter

Pedelecer
Apr 2, 2012
48
9
Huddersfield
During the debate on the introduction of Electrically Assisted Pedal Cycles (EAPC’s)into Law the then Under-Secretary of State for the Environment Mr Kenneth Marks voiced his concerns that if the proposer Mr William Whitlock MP was successful then it wouldn’t be long before various people wouldn’t be happy with the EAPC power limits and would exceed them. Experience with the MOPED Class of vehicle had proved it. Mr Marks also stated of the difficulty of altering Transport Law to accommodate changes in legislation. Even so EAPC's passed into Law and this left Government with a quandary. If someone broke the Law concerning the power limits of an EAPC how could they be brought to book. The answer was they couldn’t. Any decent lawyer would point out that their client hadn’t broken any EAPC law as their clients Cycle clearly by definitions was not an EAPC as defined in the Law. It was clearly something else and if the Prosecution could successfully point out what it was and what Law’s relating to it his client had broken, then he would offer a plea of guilty to doing so. And so those who been riding ‘cycles’ with power units that exceed the limits covered in EAPC Law have been virtually immune from prosecution but that is about to change, Governments both here and across Europe have been working diligently over the many years to plug the loop hole and now they have succeeded.

Below are extracts from a letter I received from the DfT (Department for Transport) in response to questions that I asked relating to the illegal use of EAPC’S in the UK.

First things first.

Definitions: Maximum continuous rating:

means the maximum thirty minute of power at the output shaft as set out in UNECE Regulations No 85. Translated, this means the maximum amount of power that a motor can generate without increasing its temperature above the ambient surrounding temperature. Certain classes of motor not for use in EAPC's can under load exceed this rating but get hotter and less efficient in doing so which goes against the dogma of current Environmentalist thinking, consequently, limits on temperature increases have been set so as to limit how long a motor can operate under these conditions before returning to normal operating conditions for a failure to do so would invalidate its type approval conditions as laid down in BS EN 60034-1.

Type Approval.

A means of ensuring that a device is up to the task it is to be used for and that its constituent parts such as motor winding insulating materials are up to task. As far as EAPC motors are concerned they have to have a gradual cut down in power on reaching 25kph or 15mph. There is a control mechanism to prevent ‘overload’ and ‘burn out’ but in what document I have seen it mentioned I have forgotten. If you know where the article is then maybe you could let us know, if not just take my word for it.

Defeat devices:

Any addition of a device whose use would invalidate the result of test procedures used in the issuing of type approval certificates is prohibited. In other words using a device to lower the Maximum Continuous Rating (MCR) of a higher rated device is prohibited.




On Motor ‘peak’ stall point power limits which currently make EAPC motors so versatile.

Government has stated that there is no ‘peak’ power rating as enjoyed at present (560 Watts) other than that of the maximum continuous rating that manufacturers apply to their motors.

If you are struggling to get up hills now you certainly will be when that one comes into force!

On exceeding the power limit.

Quote:

The recent publication of the EU Regulation for Powered Two Wheelers (168/2013) established a new vehicle category for EAPC’S that have a motor output of between 250W* (mistake, should be 251) and 1000 Watts. These vehicles are to be treated as low powered Mopeds and will need Approval, Registration, Licence, Tax and Insurance and the rider must wear a helmet.

End Quote.

As stated above it is not easy to prosecute Law breakers unless all the‘t’s have been crossed and the ‘i’s’ dotted. This has now been done. The finalising and introduction into Law of BS EN 15194 and BS EN 60034-1 with the regard to the category L1e-(A) (EAPC’s) has seen to that.

In order to circumnavigate any ‘entrepreneur’ who has designs on beating the system this eventuality has been covered in the document 168/2013 Article 20(A).

Conclusion:

As Mr Whitlock originally stated, there was a lot of opposition to his proposal to introduce an electric device to power a bicycle. Do Leopards change their spots? When these proposals are introduced in 2016 I believe, my bike, if I can get it go, will have to have its power decreased from its ‘peak’ of 430 Watts by getting a Battery controller plated at 7amps maximum drain which will make it virtually useless for the purpose for which I bought it -climbing serious hills. In any other situation with hills of less than 60 there is no way it can compete with the performance of my ordinary road bike over a test of time.

With the introduction of a ‘moped’ type with all its controls who is going to get one? It will not be me. I don’t think Government is bothered about current ‘E’ class bike riders. I think its target is to get Motor Car drivers to put a ‘folder’ with enough power for the district in the boot and use that to get from out of Town parking or for short trips to the shops. EAPC creators/suppliers will virtually disappear as they could only compete with each other on Cycle looks as the power unit is fixed and who will risk development cost and all that expense with such limited scope for profit margins?

And that’s it.

So now you know. If you are one of those thinking to h*ll with it let me remind you of the words of the Poet/Song writer Mr Bob Dylon ‘the heavily perfumed waters around you have grown and accepting them, soon, you will sink like a stone for the times they are a’changing.

Yours sincerely


Linfitter.
 

Gringo

Esteemed Pedelecer
Jun 18, 2013
1,346
842
Northampton
There's a lot of stuff there and I think I've got the basics, but just for clarification where dose the present range of European bikes stand (including my cube) are they all to become illegal ?
 
D

Deleted member 4366

Guest
If what you said would be true, virtually every electric bike in the country would become outlawed. I think that your interpretation must be incorrect. As far as I can see, there's no change from what we have now. Where can you see that something has changed?
 
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halfer

Esteemed Pedelecer
I'm all for civic engagement, but I suspect writing to the DfT asking them to consider all bikes illegal is rather like a turkey asking the Christmas Department if the celebrations might be brought forward a tad ;).

Given the economic damage that would be wrought by such an eventuality, right across Europe, I am pretty sure we don't have anything to worry about.
 

flecc

Member
Oct 25, 2006
53,262
30,649
Members can ignore the letter than Linfitter received, it contain some obvious errors and is certainly not a representation of the legal situation. The writer is confused and admits as such.

For example, under type approval it's stated that motor power has to gradually reduce at 25 kph but it's added that there is no recollection of where it's been seen. That is nowhere in the UK's EAPC regulations, it is in fact a part of the EU regulations which are not in force in the UK. Even that EU regulation is incorrectly specified anyway.

The UK legal position is as I've specified on numerous occasion, and I've previously dismissed William Whitlock's input (which was years ago) a long while ago in this forum. It never did have any force in law and was just his opinions being expressed.

Nothing in the OP affects anyone's current position, nor will it as the DfT have already stated to BEBA and other interested bodies. The next change will be when we have closer alignment with the EU regulations. That is hoped for in 2016 according to the DfT, but I'm not going to hold my breath in that year, given the record.
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halfer

Esteemed Pedelecer
I thought the broken image in the original post was just my rubbish connection, but no. It is thus:

file:///C:/Users/MRPIP~1/AppData/Local/Temp/msohtmlclip1/01/clip_image001.gif
The OP will be relieved to hear that forum members cannot dip into his or her Windows computer to view this file :D
 
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Gubbins

Esteemed Pedelecer
In any case. There are cars about that don't have seat belts... All new motor car legislation doesn't seem to include what's already out there so any changes in ebike legislation shouldn't affect what's already been sold. Or, I am also talking nonsense!
 

flecc

Member
Oct 25, 2006
53,262
30,649
In any case. There are cars about that don't have seat belts... All new motor car legislation doesn't seem to include what's already out there so any changes in ebike legislation shouldn't affect what's already been sold. Or, I am also talking nonsense!
No you aren't Phill, the DfT have already promised that any changes will not apply retrospectively. That is standard government practice anyway.
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flecc

Member
Oct 25, 2006
53,262
30,649
Linfitter has posted four times about this identical outdated William Whitlock matter and seems obsessed by it.

Members may be interested in this previous post of his and my reply immediately below.
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D

Deleted member 4366

Guest
You've just reminded me, Flecc, of Hech's reply, which must have been one of the best posts ever on this forum. Come back Hech. Where are you?

Quote from Hech, which is just as applicable here:

"Well Linfitter you put forward a powerful and compelling argument for BAGB and the Government's foul and final solution for the ultimate extermination of ebikers here in the UK. Well done, Pedelecs members the length of the country shall not sleep easy tonight whilst your haunting prophecy curdles in our fragile, frightened minds. We had no idea ordinary bicyclists were so wracked with foreboding of the oncoming whirlwind ebikes would create as we thunder across the caucases and plains of Flanders with good old Blighty in our gothic sights. Ordinary bicyclists are plain speaking fellows but us ebicyclists are a whole different kettle of mettle and will not be put down by the jackbooted, neo-fascist administrators in bowler hats & filofaxes claiming probable terrorist affiliation and real pelican crossing threat. Fear not my paranoid friend, whilst Nigel Farage still rides to the fore on his trusty Thomson Classic(librium) our six year old daughters need have no fear of the DOTp dictacts and the confiscation of their pretty pink, unroadworthy trikes. Haibikers, Urban Movers and Tonarodors of the world unite, they will catch us and take ours at their peril!"
 

Gringo

Esteemed Pedelecer
Jun 18, 2013
1,346
842
Northampton
I'm not going to the trouble ok checking history now, as this litflicker bloke has only posted 21 times in over 2 years maybe he's only out to wind people up. He had me going for a while,:mad:
I should look at people's history before biting in the future.;)
 

RobF

Esteemed Pedelecer
Sep 22, 2012
4,732
2,312
I blame early retirement.
 

flecc

Member
Oct 25, 2006
53,262
30,649
I blame early retirement.
More likely to be unemployment if the worst trolls we've suffered in this forum are anything to go by. They were late twenties/very early thirties, at least one of them alternating between living in the UK and Australia. Gone now thank goodness, one of them barred.
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Linfitter

Pedelecer
Apr 2, 2012
48
9
Huddersfield
Members can ignore the letter than Linfitter received, it contain some obvious errors and is certainly not a representation of the legal situation. The writer is confused and admits as such.

For example, under type approval it's stated that motor power has to gradually reduce at 25 kph but it's added that there is no recollection of where it's been seen. That is nowhere in the UK's EAPC regulations, it is in fact a part of the EU regulations which are not in force in the UK. Even that EU regulation is incorrectly specified anyway.

The UK legal position is as I've specified on numerous occasion, and I've previously dismissed William Whitlock's input (which was years ago) a long while ago in this forum. It never did have any force in law and was just his opinions being expressed.

Nothing in the OP affects anyone's current position, nor will it as the DfT have already stated to BEBA and other interested bodies. The next change will be when we have closer alignment with the EU regulations. That is hoped for in 2016 according to the DfT, but I'm not going to hold my breath in that year, given the record.
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You must accept that there is a loophole in the law when it comes to governing Electric Powered Cycles outside of the EAPC Classification and although the strategy to rectify it may differ from what I wrote on here one thing you can be rest assured on. This Country and the European Union will get their heads together and plug it and you may not have to hold your breath too long.

So I will put Mr William Whitlock to bed and broach this subject no more.

Yours Sincerely


Linfitter.
 

flecc

Member
Oct 25, 2006
53,262
30,649
You are probably not aware that this has already been addressed Linfitter. By agreement with interested parties at a meeting in April a provision was made by the DfT to cover the discrepancy until the law is revised. It was agreed that police forces will not prosecute the UK/EU power discrepancy.

The EAPC law is due for revision to more closely harmonise with the EU one and this is currently intended to take place in 2016.

Therefore there is nothing to plug, the matter has been taken care of.
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