Jan 2016 Throttle Regulations

[Andy88]

The more I read and learn, beggars belief that we do not have an "S" Pedlec class like what they have in Germany and Holland, how can the UK ebike industry let this slide, it's almost as though they do not want to make money.

If it's good enough for the Germans, it is good enough for us Brits.

Im not familiar with S Pedelec what exactly is it?

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[flecc]

Im not familiar with S Pedelec what exactly is it?

It's a high speed pedelec class first created in Germany and Switzerland which permits 45 kph (28mph) and up to 500 watts rating.

However, they have to be registered with a rear number plate, ridden with compulsory helmet and third party insurance and are not allowed on cycling tracks etc., roads only. We have also created a group Q driving licence for them here in the UK for in case they are allowed eventually.

Germany, Switzerland, the Netherlands have it now and the French intend it in 2017.
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[Andy88]

It's a high speed pedelec class first creatred in Germany and Switzerland which permits 45 kph (28mph) and up to 500 watts rating.

However, they have to be registered with a rear number plate, ridden with compulsory helmet and third party insurance and are not allowed on cycling tracks etc., roads only. We have also created a group Q driving licene for them here in the UK for in case they are allowed eventually.
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Thank you

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[flecc]

Thank you

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You're welcome Andy. I've added a line to that post which you may not have seen.
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[Rohloffboy]

Yep Andy88, check out 50cycles in the UK, they sell the "S" Pedelec's in the UK, with certain caveats attached!

 

[Ruadh495]

But it does say this:

"If a bike meets the EAPC requirements it’s classed as a normal pedal bike."

That's the catch, to meet EAPC requirements the power has to cut out when pedalling stops.
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EAPC or EPAC? IIRC its the EU's EPAC which requires power to cut when pedalling stops. The UK's EAPC doesn't mention it.

 

[Crockers]

Yep Andy88, check out 50cycles in the UK, they sell the "S" Pedelec's in the UK, with certain caveats attached!

Would that caveat be "only one engine replacement allowed a month"??

 

[flecc]

EAPC or EPAC? IIRC its the EU's EPAC which requires power to cut when pedalling stops. The UK's EAPC doesn't mention it.

The UK EAPC law since April 6th 2016 contains this substitution for the former British Standards:

after paragraph (1)(d), add—

“(e) “Regulation (EU) 168/2013” means Regulation (EU) 168/2013( of the European Parliament and of the Council of 15th January 2013 on the approval and market surveillance of two- or three-wheel vehicles and quadricycles.

So that's the snag, since that 168/2013 which we've adopted into UK law is the two and three wheel type approval regulation. Its exemption from motor vehicle law for pedelecs expressly states that power must cut out when pedalling stops, and it doesn't mention EAPC or EPAC:

(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;
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[Ruadh495]

That establishes the requirement for type approval, which is clear. However the OP originally referred to conversions. These would be covered by SVA, but since there is no SVA protocol for the class nor intent to create one they are in fact exempt from type approval regulation in the UK (not elsewhere). As a result the only regulation conversions are required to meet to be treated as pedal cycles is the UK EAPC. This would appear to be the DfT's stated position.

 

[Andy88]

On another note in regard to dealers, I made several polite enquiries regarding throttles, some are very knowledgeable and can offer solutions to a problem but at the other end of the scale I was met with, ignorance, arrogance and rudeness.

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[flecc]

That establishes the requirement for type approval, which is clear. However the OP originally referred to conversions. These would be covered by SVA, but since there is no SVA protocol for the class nor intent to create one they are in fact exempt from type approval regulation in the UK (not elsewhere). As a result the only regulation conversions are required to meet to be treated as pedal cycles is the UK EAPC. This would appear to be the DfT's stated position.

Not so due to a catch-all in UK law.

The 1835 Highway Act makes all motorised vehicles illegal unless specifically permitted. This is the law that automatically banned Segways and motorised monowheels for example.

Introducing an unclassified motorised vehicle to the roads can only be legally done by submitting it for approval. That leads to one of three outcomes, approval, an unconditional ban or an exemption from being considered a motor vehicle

In this case the exemption route for throttle equipped bikes is blocked.
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[Andy88]

Can you imagine this going to court? Pensioner with arthritis in their legs caught with 15mph throttle on a Jan 2016 ebike.

The press would have a field day

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[flecc]

Can you imagine this going to court? Pensioner with arthritis in their legs caught with 15mph throttle on a Jan 2016 ebike.

The press would have a field day

Indeed Andy, which is why it's unlikely to ever happen.

But I wouldn't want to tell anyone something is legal when technically it isn't.
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[IR772]

Can you imagine this going to court? Pensioner with arthritis in their legs caught with 15mph throttle on a Jan 2016 ebike.

The press would have a field day

It's not the being prosecuted for using a throttle that would be the problem.

If you were involved in an accident where you or someone else was injured or worse, the financial claim after the accident would look at the state of your vehicle and were it found to have an illegal part or feature, you would be deemed negligent, you would not have a leg to stand on even if you were in the right as far as your conduct on the highway was concerned.

Like not having an MOT on a car, your insurance is void.

So you can do what you want, big motor, dongle, etc but a smart Barrister when it has all gone wrong will eat you for dinner.

The press really would have a field day on you and your illegal vehicle.

 

[Andy88]

It's not the being prosecuted for using a throttle that would be the problem.

If you were involved in an accident where you or someone else was injured or worse, the financial claim after the accident would look at the state of your vehicle and were it found to have an illegal part or feature, you would be deemed negligent, you would not have a leg to stand on even if you were in the right as far as your conduct on the highway was concerned.

Like not having an MOT on a car, your insurance is void.

So you can do what you want, big motor, dongle, etc but a smart Barrister when it has all gone wrong will eat you for dinner.

The press really would have a field day on you and your illegal vehicle.

Agreed but according to the article on pedelecs with regard to the new throttle law how could it be proved that the bike had been supplied in that form or whether it was attached post purchase, which there seems to be a grey area in the law.

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[flecc]

Agreed but according to the article on pedelecs with regard to the new throttle law how could it be proved that the bike had been supplied in that form or whether it was attached post purchase, which there seems to be a grey area in the law.

That's irrelevant Andy. It's not illegal to supply a vehicle that doesn't comply with the law, there are companies that have made a good living for years doing that.

The law can only be broken when such a vehicle is ridden on the roads, so it doesn't matter when the irregularity was added before that.
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[Andy88]

That's irrelevant Andy. It's not illegal to supply a vehicle that doesn't comply with the law, there are companies that have made a good living for years doing that.

The law can only be broken when such a vehicle is ridden on the roads, so it doesn't matter when the irregularity was added before that.
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If a kit bike made up from parts pre 2016 and post 2016, how would this stand? Which component or components would seem the bike 2016 or pre 2016?

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[Andy88]

Seem = Deem

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[Andy88]

That's irrelevant Andy. It's not illegal to supply a vehicle that doesn't comply with the law, there are companies that have made a good living for years doing that.

The law can only be broken when such a vehicle is ridden on the roads, so it doesn't matter when the irregularity was added before that.
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Am I reading this wrong?
Extract from Dft

The full response from the DfT reads:
“In response to your email about converting a normal pedal cycle which has first been used on the public road as a pedal cycle, I am pleased to report that type approval does not apply – it only applies to new vehicles, not converted ones. Therefore if you convert a pedal cycle which has already been ridden on the road to “twist and go” operation, it does not become subject to type approval. As previously noted, the regulations will be directed at the manufacturers and so riders making conversions are not committing an offence.

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[flecc]

If a kit bike made up from parts pre 2016 and post 2016, how would this stand? Which component or components would seem the bike 2016 or pre 2016?

That's a different matter if the bike is being claimed to be pre January 2016 of course. If that's accepted no law is broken.
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