L1e-A testing requirements

[flecc]

Link to latest minutes and agenda for next meeting:

https://circabc.europa.eu/sd/a/f11ea547-9368-46cc-a21f-36c10216d770/MCWG_2019_03_19 draft_V1.pdf

https://circabc.europa.eu/sd/a/12349e51-a95e-49c7-b5ce-dcddd0cf9fd7/Draft minutes MCWG_2018_11_27(0).pdf

Thanks Shemozzle. Nothing good for us it seems, still arguing about four times power levels, still bad news for throttles, and the threat of S-class pedelecs being classified as L1e-B. That's logical but very unwelcome.

However we're likely to be out of these regulations shortly and have no s-class permission anyway.
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[Stephen Humphries]

European Commission Confirmed Categorization Speed E-Bikes
Laws & Regulations
BRUSSELS, Belgium – The European Commission has used this year’s transition period for the new e-bike type-approval procedure to shed light on a number of unclear issues. One major issue was the categorization of different types of speed e-bikes.

E-bikes come under category L1e-A, ‘powered cycles’, or L1e-B, ‘two-wheel mopeds’, both allowing for pedal assist and/or throttle operated systems. – Photo Cube
On 1st January 2016, the new type-approval procedure based on Regulation 168/2013 has become effective. This procedure applies to all types of electric bicycles, except those on which you must pedal for the motor to assist up to 25 km/h with a maximum continuous rated power of 250W.
Until 31st December 2016 however, manufacturers still have a choice between the ‘old’ procedure based on Directive 2002/24 or the new one. On 1st January 2017 the new procedure becomes the only valid one. For that procedure the categorization of different types of e-bikes was still unclear. That’s settled now.
Categorization
For the categorization the main question was whether there was a difference depending on the type of propulsion. On some electric bicycles, the motor only assists on condition that the rider pedals. On other types, the motor can propel the vehicle by itself without the rider having to pedal. And there are also types which offer a combination of these two options.
Electric bicycles either come under category L1e-A, ‘powered cycles’, or L1e-B, ‘two-wheel mopeds’. For L1e-A, the motor has to be cut off at a speed of 25 km/h and the maximum continuous motor power should not exceed 1 kW. The L1e-B category is subject to a maximum design vehicle speed of 45 km/h and a maximum continuous rated power of 4 kW.
Official interpretation
With that, the Commission has now confirmed that all types of electric bicycles up to 25 km/h and 1 kW fall under L1e-A. This means that the bicycle may be equipped with a motor, which only assists provided you pedal, or with a motor that propels the bike by itself or with a combination or a choice of these systems.
There was a very strong opposition to this interpretation. Several stakeholders argued that only electric bicycles, of which the motor assists provided that the rider pedals, should have been categorized as L1e-A vehicles. They believed that bicycles that can work on the motor only should have been referred to category L1e-B.
Easier or more difficult type-approval
This was partly a philosophical discussion, partly an argumentation inspired by commercial motives. A number of type-approval requirements in L1e-A have been adapted to vehicles, which technically are much more related to bicycles then to mopeds.
This was interpreted by some stakeholders as allowing for an ‘easier’ type-approval, granting electric bicycles an advantage over for instance conventional mopeds, which would be subject to a more ‘difficult’ type-approval.
This does not hold good, the different requirements have been developed in order to better adapt the type-approval procedure to electric bicycles. The introduction of specific tests for frame and fork is a good example of an adapted requirement which has not exactly made type-approval easier for electric bicycles.
One of the member states, which was very much in favour of the interpretation to categorize all types of 25 km/h – 1 kW electric bicycles as L1e-A, was the UK, since historically the overall majority of electric bikes there have been equipped with a throttle. So far, the UK has been considering them as conventional bicycles. Therefore, in the past years, the UK has consistently argued against their categorization as L1e-B. Still as of 1st January 2017, they will have to be type-approved as L1e-A.

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[tommie]

Official interpretation
With that, the Commission has now confirmed that all types of electric bicycles up to 25 km/h and 1 kW fall under L1e-A. This means that the bicycle may be equipped with a motor, which only assists provided you pedal, or with a motor that propels the bike by itself or with a combination or a choice of these systems.

So i take it you can now sit on your ebike and use throttle only, no peddling

 

[flecc]

On 1st January 2016, the new type-approval procedure based on Regulation 168/2013 has become effective. This procedure applies to all types of electric bicycles, except those on which you must pedal for the motor to assist up to 25 km/h with a maximum continuous rated power of 250W.

Thanks for the update information Stephen.

Since this is a UK forum, it's worth noting that in the UK only we now have permission for the latter pedelecs to have throttles, subject to them having MSVA (Motor Cycle Single Vehicle Approval) for the new UK only 250 watt LPM class, a form of type approval.
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[vfr400]

Official interpretation
With that, the Commission has now confirmed that all types of electric bicycles up to 25 km/h and 1 kW fall under L1e-A. This means that the bicycle may be equipped with a motor, which only assists provided you pedal, or with a motor that propels the bike by itself or with a combination or a choice of these systems.

So i take it you can now sit on your ebike and use throttle only, no peddling

Yes, if the manufacturer has a type approval certificate.

 

[flecc]

Official interpretation
With that, the Commission has now confirmed that all types of electric bicycles up to 25 km/h and 1 kW fall under L1e-A. This means that the bicycle may be equipped with a motor, which only assists provided you pedal, or with a motor that propels the bike by itself or with a combination or a choice of these systems.

So i take it you can now sit on your ebike and use throttle only, no peddling

Yes for all L1e-A electric bicycles.

In the mainland UK only there's now also a new 250 LPM class of pedelecs. These are our present legal pedelecs which if taken through MSVA can also have independent throttles:

See above post
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[flecc]

Yes, if the manufacturer has a type approval certificate.

The European order only applies to the L1e-A two wheelers, not our pedelecs which must not have throttles in the EU's domain.

It's important not to get this mixed up with the new UK only MSVA provision for throttles on our pedelecs.
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[anotherkiwi]

An interesting article by LEVA

So, today L1e-A covers electric bicycles with or without pedal assistance or with a mixed propulsion up to 25 km/h and over 250 Watt. The fact that there has been hardly any vehicles type-approved in this category shows that type-approval is not the right technical framework for these vehicles. LEVA-EU stands by the ETRA position that the current exclusion of electric bicycles from the type-approval needs to be broadened considerably in order to allow for innovation and technological development. Without such a broader exclusion, it will simply be impossible to tap on the full potential of electric bicycles created by sustainable mobility policies.

 

[tommie]

So where does all this sit with kits, both pre 2016 and post 2016

and

where are we on this after we `leave` the EU?

 

[Jimo]

Yes you can,- No you can’t what the heck?
My bike is 2011 WITH Throttle— so I am NOT prohibited from using it?

If it were 2019 mfg I could now legally use Throttle - yes?

I’m def not interested is S-Pedelecs, just to be able to be propelled at a reasonable speed in view of my complete lack of walking mobility due to age combined with medical condition.

IOW I’m getting near the grave!


Jim

 

[vfr400]

To make it simple. You can have an independent throttle on your bike regardless of when it was made or sold. That's always been the case.

The rule change fixes the bit where ebike shops couldn't sell a bike with a throttle after 2017. Now they can as long as they have the certificate.

All this only applies to UK.

There would be no need to change anything after Brexit, though vehicle classes, licences, etc are always going to change because technologies and conditions are always changing.

I look forward to the time we can all ride around in our 15mph electric Noddy cars without bureaucratic hindrance. All we need is a big air-filled cussion around them so it doesn’t matter when you crash into anything or anyone.

 

[flecc]

An interesting article by LEVA

So, today L1e-A covers electric bicycles with or without pedal assistance or with a mixed propulsion up to 25 km/h and over 250 Watt. The fact that there has been hardly any vehicles type-approved in this category shows that type-approval is not the right technical framework for these vehicles. LEVA-EU stands by the ETRA position that the current exclusion of electric bicycles from the type-approval needs to be broadened considerably in order to allow for innovation and technological development. Without such a broader exclusion, it will simply be impossible to tap on the full potential of electric bicycles created by sustainable mobility policies.

They've long had this view but it won't get anywhere. The EU is determined to keep pedelecs as bicycles by them only having power assist with pedalling. It's an entirely logical policy since bicycles are only propelled by pedalling.
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[flecc]

To make it simple. You can have an independent throttle on your bike regardless of when it was made or sold. That's always been the case.

That hasn't always been the case. From January 1st 2016, new pedelecs could not have a throttle fitted and that is still the case for bureacracy free machines, which are and probably will remain the great majority.

The new 2019 UK only 250 LPM exemption allows a throttle if the bike is successfully taken through MSVA for approval. Some modifications may be necessary to achieve this, but we await the full details, though we know a propstand must be fitted.

The law in this area is very far from simple and the UK has just made it far more complicated.
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[flecc]

So where does all this sit with kits, both pre 2016 and post 2016

and

where are we on this after we `leave` the EU?

The law now will be the post EU law, due to the Great Repeal Bill.

The new UK 250 LPM provision for pedelecs to have throttles is the realisation of a 2015 DfT intention which the EU didn't agree to. The DfT has achieved it by a distortion of the law, referring to having to have type approval, but using MSVA which isn't type approval.

To explain, Type Approval is only for manufacturers and is a very costly process on each model type.

MSVA (Motor Cycle Single Vehicle Approval) is not type approval, only permission to use an individually tested not type approved motor vehicle on the roads.

Note, motor vehicle, which pedelecs as bicycles in law are not, so the DfT is really bending the law to extremes to give this exemption.

MSVA can be used for kit bikes, but the testers may be more stringent of course.
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[flecc]

Yes you can,- No you can’t what the heck?
My bike is 2011 WITH Throttle— so I am NOT prohibited from using it?

You can use throttle on that pre January 2016 pedelec Jim, it has grandfather rights from the old UK 1983 EAPC law.

If it were 2019 mfg I could now legally use Throttle - yes?

No if bureacracy free. To have a throttle it must be successfully taken through MSVA at an approved test centre. That may need some changes to the bike which we don't know yet. The test costs £55.

This map shows the location of our UK vehicle test centres. N.I doesn't seem have any yet, but that may only be due to the devolved power position and they may have their own listing.
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[vfr400]

That hasn't always been the case. From January 1st 2016, new pedelecs could not have a throttle fitted and that is still the case for bureacracy free machines, which are and probably will remain the great majority.

That only applies to selling bikes with throttles, not to fitting one yourself.

Don't forget also that we had a years grace on the implementation of the rule to clear stocks of bikes with throttles, so the effective date was Jan 2017.

Whatever the situation, nobody has ever been prosecuted for using a throttle and that's likely to be the same in the future. It's like driving at 30.01 mph in a 30 zone, some clever lawyer could argue that it's illegal and you should face consequences, but most would say it isn't and you shouldn't.

 

[flecc]

That only applies to selling bikes with throttles, not to fitting one yourself.

Not so, the law for USE of all pedelecs is quite clear, don't mix use up with construction rules. Here's the relevant extract:

The bike must also be type approved if either:

• it does not meet the EAPC rules
• it can be propelled without pedalling (a ‘twist and go’ EAPC)

That's all cases for legal use, kit bikes are not exempt.

Don't forget also that we had a years grace on the implementation of the rule to clear stocks of bikes with throttles, so the effective date was Jan 2017.

Minimum period of graces to clear stocks are typically 6 months, covered by the period between passing of the new law on 6th April 2015 to 31st December 2016, the DfT's closing date for permission.

I know of no legal document saying otherwise for post 1st January 2016 sales.

We all know prosecutions are very unlikely, but they can happen in the event of accidents, so it's very important not to mislead on the law. Even worse can be the consequences of a civil action for a seriously injured person, which can bankrupt the liable person.
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[vfr400]

What about the letterfrom the DfT about throttles? I think you know the one I mean. My previous statement was about what's allowed. It seems that you have a different interpretation of what's allowed to me.

 

[flecc]

What about the letterfrom the DfT about throttles? I think you know the one I mean. My previous statement was about what's allowed. It seems that you have a different interpretation of what's allowed to me.

Which one, there's been a few. Can you quote what was said in the one you mean so I can perhaps trace it in my numerous files?

I'm going by what the law actually says, which of course is all that matters in a court. The DfT has made statements it hasn't subsequently backed up, particularly on throttles.
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[flecc]

What about the letterfrom the DfT about throttles? I think you know the one I mean. My previous statement was about what's allowed. It seems that you have a different interpretation of what's allowed to me.

OK , I've got something definitive now.

The new MSVA test to allow throttles on pedelecs has a section specifically for amateur builds, kit bikes etc.

Clearly they wouldn't have written that in if they could already have throttles without an MSVA certification.

As I've posted, they can't, some form of type approval is necessary in accordance with the DfT April 2015 statement on the law.

I've been preparing a post on the detailed requirements for the new 250LPM amateur builds MSVA test and will post it shortly as a separate thread where specific questions can be asked.
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