L1e-A testing requirements

[flecc]

]
if the throttle argument can't be lowered to apply to L1e-A then disadvantaged members will not have any choice after Jan 2016.

I hope i'm wrong, but I've felt all along that this will probably be the outcome. Since the EU hasn't had throttles since 1999, in effect ever, since e-biking hardly existed before that, I don't think they even understand our obsession with them on EAPCs.
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[shemozzle999]

Now I am confused!!!!!!!!


From meeting 25 September:

https://circabc.europa.eu/sd/a/2c528e2d-7073-4da4-97a0-ee0480170f33/5c5_Codecision_168_2013_Errors_Comments_Questions_list_v5.xlsx

Question16 in the spreadsheet:

Belgium question:

How to classify a powered cycle equipped with throttle control (accelerating up to and/or maintaining a vehicle speed up to and including 25 km/h without pedalling) ?

Reply:

Power assisted pedal cycles ≤ 250W and cut-off speed ≤ 25 km/h without throttle control (i.e. no pedalling = no power) are not in the scope of Reg 168/2013 and consequently in the scope of the Machinery Directive 2006/42/EC. However, such cycle type equipped with a throttle, or with a higher power, or with a higher cut-off speed fall within the scope of Reg 168/2013 and is to be categorised as an L1e category vehicle. It does not matter if the throttle is only used as launch control or used to accelerate to a certain target vehicle speed. The only relevant criterion is pedalling yes or no.

Pedal cycles ≤ 1000W and cut-off speed ≤ 25 km/h with throttle control are therefore in the scope of 168/2013 and are to be categorised as a L1e-A powered cycle. Powered cycles without throttle control 250 W < continuous rated power ≤ 1000W and cut-off speed ≤ 25 km/h are also to be classified as L1e-A powered cycles.

This is justified as the "primary aim" allows for a 'secondary aim', which might be a throttle controlled operated mode.

In our view the maximum cut-off vehicle speed (≤ 25 km/h) and maximum power (≤ 1000W) are the functional-safety critical classification criteria of category L1e-A. In case one or both of these critical criteria will be exceeded the powered cycle is to be classified as a L1e-B moped in
accordance with Art 4(4a) of Reg 168/2013 and the associated more stringent safety
requirements shall apply, independent if the vehicle is equipped with throttle control or not.

 

[flecc]

Power assisted pedal cycles ≤ 250W and cut-off speed ≤ 25 km/h without throttle control (i.e. no pedalling = no power) are not in the scope of Reg 168/2013 and consequently in the scope of the Machinery Directive 2006/42/EC. However, such cycle type equipped with a throttle, or with a higher power, or with a higher cut-off speed fall within the scope of Reg 168/2013 and is to be categorised as an L1e category vehicle. It does not matter if the throttle is only used as launch control or used to accelerate to a certain target vehicle speed. The only relevant criterion is pedalling yes or no.

Pedal cycles ≤ 1000W and cut-off speed ≤ 25 km/h with throttle control are therefore in the scope of 168/2013 and are to be categorised as a L1e-A powered cycle. Powered cycles without throttle control 250 W < continuous rated power ≤ 1000W and cut-off speed ≤ 25 km/h are also to be classified as L1e-A powered cycles.

The wording is a bit muddled, but I'm sure they basically mean that pedelecs are in the clear, and also pedelecs with a throttle that is only active while pedalling or pedal thrusting from a standstill are in the clear, remaining as bicycles.

Those with a throttle that acts without pedalling or pedal pressure are motor vehicles and need to be approved as L1e-A.

That leaves the question of what L1e-A type approval will require. Hopefully that will prove to be minimal.

But of course L1e-A requires a group Q or better driving licence, so we are dependent on the DfT telling us how full throttle pedelec riders can avoid that.

Once again I take the gloomy view. At present I see no way in which a full-acting-throttle pedelec can avoid full L1e-A type approval and a group Q driving licence. Further implications of this are registration, number plate, insurance, compulsory helmet, MOTs.

I see us having to accept the EU situation of pedelecs only in future, unless the DfT really sticks it's neck very far out and flaunts EU law. It's difficult to see that happening.
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[shemozzle999]

It reads as if they have created 2 L1e-A types - a low powered cycle and a high powered cycle - logically shouldn't they have there own type approvals based on safety requirements or split them into A and B types and promote the old B type to C type. That would give them some wriggle room but they seem reluctant to alter the original 168/2013 regulation.

The only problem with that would be how they would justify how the addition of a throttle to what is effectively an identically specified EPAC has altered the safety requirement to deem type approval necessary.

 

[flecc]

It reads as if they have created 2 L1e-A types - a low powered cycle and a high powered cycle - logically shouldn't they have there own type approvals based on safety requirements or split them into A and B types and promote the old B type to C type. That would give them some wriggle room but they seem reluctant to alter the original 168/2013 regulation.

The only problem with that would be how they would justify how the addition of a throttle to what is effectively an identically specified EPAC has altered the safety requirement to deem type approval necessary.

It's the power without pedalling that's the problem, 168/2013 excludes exemption. That leaves only L1e-A for such a bike.

As you say they don't want to alter 168/2013, which in this respect has existed since 2003 in the original type approval regulation 2002/24/EC. I think their attitude is probably that if it's been ok for all that time, why is there need to change it,

Hence my gloomy view of our prospects for realistically having independent throttles without impossible bureaucracy.
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[shemozzle999]

I suppose it is now down to Claire Rees to make the decision to stick to her announcement or rescind it.

 

[shemozzle999]

It might be still possible under:

Article 42

National type-approval of small series

1. The manufacturer may apply for a national type-approval of small series of a type of vehicle within the quantitative annual limits set out in Annex III. These limits shall apply to the making available on the market, registration or entry into service of vehicles of the approved type on the market of each Member State in a given year.

2. For the type of vehicles referred to in paragraph 1, Member States may waive one or more of the substantive requirements laid down in one or more of the delegated acts listed in Annex II, provided that they lay down relevant alternative requirements.

‘Alternative requirements’ means administrative provisions and technical requirements which aim to ensure a level of functional safety, environmental protection and occupational safety which is equivalent to the greatest extent practicable to the level provided for by one or more of the delegated acts listed in Annex II.

For the type of vehicles referred to in paragraph 1, Member States may waive one or more of the administrative provisions of this Regulation or of the implementing acts adopted pursuant to this Regulation.

A Member State shall only waive the provisions referred to in this paragraph if it has reasonable grounds for doing so.

3. For the national type-approval of vehicles under this Article, systems, components or separate technical units which are type-approved in accordance with the acts listed in Annex II shall be accepted.

4. The type-approval certificate for vehicles type-approved in accordance with this Article shall be drafted in accordance with the template referred to in Article 30(2), but shall not bear the heading ‘EU vehicle type-approval certificate’ and shall specify the content of the waivers granted pursuant to paragraph 2. Type-approval certificates shall be numbered in accordance with the harmonised system referred to in Article 29(4).

5. The type-approval certificate shall specify the nature of the waivers granted pursuant to the first and third subparagraphs of paragraph 2.

6. The validity of a national type-approval of small series shall be restricted to the territory of the Member State whose approval authority granted the approval.

7. However, at the request of the manufacturer, a copy of the type-approval certificate and its attachments shall be sent by registered mail or by electronic mail to the approval authorities of the Member States designated by the manufacturer.

8. Within three months of receipt of the request referred to in paragraph 7, the approval authorities of the Member States designated by the manufacturer shall decide whether or not they accept the type-approval. They shall formally communicate their decision to the approval authority which granted the national type-approval of small series.

9. The approval authorities of the Member States shall accept the national type-approval unless they have reasonable grounds to believe that the national technical requirements in accordance with which the vehicle was approved are not equivalent to their own.

10. At the request of an applicant who wishes to place on the market or register a vehicle with national type-approval of small series in another Member State, the approval authority that granted the national type-approval of small series shall provide the national authority of the other Member State with a copy of the type-approval certificate including the information package. Paragraphs 8 and 9 shall apply.

 

[shemozzle999]

Now I am confused!!!!!!!!


From meeting 25 September:

https://circabc.europa.eu/sd/a/2c528e2d-7073-4da4-97a0-ee0480170f33/5c5_Codecision_168_2013_Errors_Comments_Questions_list_v5.xlsx

Question16 in the spreadsheet:

Belgium question:

How to classify a powered cycle equipped with throttle control (accelerating up to and/or maintaining a vehicle speed up to and including 25 km/h without pedalling) ?

Reply:

Power assisted pedal cycles ≤ 250W and cut-off speed ≤ 25 km/h without throttle control (i.e. no pedalling = no power) are not in the scope of Reg 168/2013 and consequently in the scope of the Machinery Directive 2006/42/EC. However, such cycle type equipped with a throttle, or with a higher power, or with a higher cut-off speed fall within the scope of Reg 168/2013 and is to be categorised as an L1e category vehicle. It does not matter if the throttle is only used as launch control or used to accelerate to a certain target vehicle speed. The only relevant criterion is pedalling yes or no.

Pedal cycles ≤ 1000W and cut-off speed ≤ 25 km/h with throttle control are therefore in the scope of 168/2013 and are to be categorised as a L1e-A powered cycle. Powered cycles without throttle control 250 W < continuous rated power ≤ 1000W and cut-off speed ≤ 25 km/h are also to be classified as L1e-A powered cycles.

This is justified as the "primary aim" allows for a 'secondary aim', which might be a throttle controlled operated mode.

In our view the maximum cut-off vehicle speed (≤ 25 km/h) and maximum power (≤ 1000W) are the functional-safety critical classification criteria of category L1e-A. In case one or both of these critical criteria will be exceeded the powered cycle is to be classified as a L1e-B moped in
accordance with Art 4(4a) of Reg 168/2013 and the associated more stringent safety
requirements shall apply, independent if the vehicle is equipped with throttle control or not.

CONEBI(BEBA) / ACEM join forces against throttles - they must be worried that common sense seems to be winning the argument - they have even created the own definition of a throttle. Do they ever consider what their customers want or is it all about the money?

https://circabc.europa.eu/sd/a/5e0fe371-aa7f-4350-ac8a-b6be4f8ab19d/4b_CONEBI ACEM on powered cycles - final december 2015.pdf

 

[flecc]

Their opinion that a full acting throttle means a bike is an L1e-B moped does I think kill any chance of us getting any external help on this issue. It also calls into question L1e-A which was supposed to replace the Low Powered Moped Class which did allow full throttles. Basically they are making the 1000 watt L1e-A class also pedelecs only, and it scuppers the DfT idea that type approval as L1e-A makes a legal pedelec with full throttle ok as an EAPC.

Step by step the full throttle prospects are getting worse.

There is one bright spot though, since they want to approve the walk assist throttle as a start assist one too. At present under the pedestrian controlled vehicle law one cannot legally be on board when operating the walk assist throttle, so legalising on-board use within e-bike law instead would be a big help to the partially disabled.
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[shemozzle999]

Their principled position statement is clear as mud.

An independent throttle turns it into a moped but a 6kph independent throttle doesn't? You can't have it both ways.

In my opinion:

They are clutching at straws.

They are trying to carve up the EU industry for themselves without any respect for their customers.

 

[anotherkiwi]

shemozzle999 since when have customers really counted?

 

[shemozzle999]

shemozzle999 since when have customers really counted?

When it effects the manufacturers profit margin

All EU citizens have an equal voice, how effective it is depends on whether they use it.

 

[flecc]

All EU citizens have an equal voice, how effective it is depends on whether they use it.

I fear ours isn't loud enough with our small market size. If our new pedelec sales every year were nearly equal to 2% of the population as in the Netherlands, we'd be able to shout as loud.

At present it's 0.05% at most. Even population size adjusted to be pro-rata, it would only be 0.18%. That's why they don't care about us, if we stopped buying they'd barely even notice.
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[shemozzle999]

I am sure there are a lot of disadvantaged riders out there, they are not mutually exclusive to any one member state, they just need to find there voice.

There are potentially millions of buyers in the rest of the EU that are going be to excluded by this potentially discriminatory regulation by allowing manufacturers to effectively bar these citizens from enjoying the benefits of using an electric bicycle.

I doubt if these same manufacturers would refuse to supply throttle controlled bikes to the USA.

I hope this message can be aired at today's meeting by our UK member state representatives.

 

[flecc]

I doubt if these same manufacturers would refuse to supply throttle controlled bikes to the USA.

But they all do I'm afraid, not just the Continentals. From the 2001 Lafree to today's Kalkhoffs, they supply them to the USA as exactly the same pedelecs only with no full throttle option.
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[shemozzle999]

When looking into ITC standards (EC Standardization Mandate M 376, Phase 1) - ETSI identified the potential number of citizens affected by regulatory and standard decisions as being:

People with disabilities and older people make up a large part of the population in the European Union. An estimated 90 million people, or 20% of the population, belong to this group showing that accessibility is a major issue. With the changing age structure and the fact that disability is strongly related to age, the European Union faces a coming major challenge to maintain and improve the quality of life, independence and integration of these citizens.

From 2013 there has also been a Mandate M/473 looking into "Design for All"

http://www.cencenelec.eu/standards/Sectors/Accessibility/DesignForAll/Pages/default.aspx

With the ongoing EU 168/2013 discussions and the group looking into revising the EN15194 into a new ISO standard, perhaps the associated working groups could seek their advice on whether or not the decisions they are currently making would be subject to unnecessary future expensive revisions.

 

[shemozzle999]

Still more confusion over throttles?

http://www.bike-eu.com/laws-regulations/nieuws/2016/1/new-type-approval-for-speed-e-bikes-now-effective-10125384

 

[anotherkiwi]

I don't think so - the article is about s-pedelecs.

Throttle gives power up to 20 kph then PAS provides power up to 45 kph.

 

[shemozzle999]

I was referring to this statement under the heading Unsolved problems


"The Member States have asked for clear guidelines. It seems that the Commission is willing to exclude pedal assisted bikes with throttles up to 25 km/h – 250 W."

 

[anotherkiwi]

I think the journalist either got carried away or was referring to the out of date document we have talked about here.