It's a brave and foolhardy man who contradicts me on this subject.So what is your interpretation of this;
Also I would disagree about being a fully acting throttle as you can set it to ghost pedal quite legally so make no effort yourself. I was watching this video earlier and Atlanta is clearly ghost pedalling with a full range throttle which is clearly a moped style ebike which anyone can do I guess by setting a low gear which is slower than the hub motor speed and therefore cannot assist the motor and is just pedalling to activate the motor. Apart from moving your legs without resistance it is a legal twist and go throttle ebike as long as it only assists to 15.5mph and the wattage can be considered 250W.
So are you saying the Wisper type approved ebikes are actually illegal and the police are turning a blind eye to them. I'd be interested in Wisper's viewpoint on this. Surely the type approval process is completely legal even if limited to use in the UK. The majority of people in the UK have zero interest in the laws elsewhere in Europe because they don't use their ebike in mainland Europe. It's a minor restriction not to be able to use such ebikes in mainland Europe that will effect only a very small amount of people. However there are loads of twist and go ebikes available across Europe again the awful EU ebike laws are pretty much ignored by a huge number of countries. Sometimes laws are so abysmal and unenforceable they just become a bit of a joke and are ignored. However I totally accept that if you want to follow the letter of the law you cannot use such ebikes in mainland Europe.
First ghost pedalling is still pedalling having to be done, so not in not way a contradiction what I posted. Member Stumpy with one artificial leg can find ghost pedalling difficult at times for example.
Now to deal with throttles. The pedelec law remains entirely unchanged, fully acting throttles are always illegal on bureaucracy free pedelecs.
I've no wish to upset my good friend David Miall of Wisper, but the machines he has been selling entirely legally with throttle for prosecution free use in Great Britain are in fact are individually Single Vehicle Approved, not Type Approved. The law being used which still remains fully in force here and in the EU specifies Type Approval, a different thing since that can only apply to manufactured complete pedelecs. Of course David's company Wisper as a manufacturer could type approve initially, but that makes them motor vehicles in law.
In fact 250 LPM is a Ministerial Permission to ignore the existing law, the only way to get round the EU rules when we were still in the EU and still even now since we've kept that law in force for trading reasons. Here's a fuller explanation of all the wrinkles that I've previously posted:
"The stumbling block here is the difference between Type Approval and Single Vehicle approval.
Under EU pedelec law, also now UK law as ruled by the Great Repeal Bill, bureacracy free pedelecs are only permitted on the roads if power ceases when pedalling stops. That allows them, via an exemption (h) in the type approval legislation, to be not considered as motor vehicles.
If power does not cease when pedalling stops, they are motor vehicles with all that implies, including that they have to be Type Approved AS MOTOR VEHICLES.
But type approval only applies for manufactured complete machines. Any individual machine not type approved or which is assembled in some way can get a Single Vehicle Approval to be used on the roads. However, nowhere in any of the regulations is there an exemption for Single Vehicle Approval pedelecs to remain pedelecs, so a strict interpretation is that they are not allowed on the roads as bicycles, even if all the other provisions for a pedelec including power cutting out when pedalling stops are met. i.e. All kit bikes are illegal.
A less strict interpretation is that, in the spirit of the law, Single Vehicle Approval is the same as having type approval. However, that in turn means the pedelec will still be a motor vehicle in law if power doesn't cut when pedalling stops.
The DfT have taken that less strict interpretation and extended it by saying they will consider single approved pedelecs with full throttles to be not motor vehicles but bicycles. However, therein lies the impasse. The looser interpretation they have assumed also insists that such machines are motor vehicles since it says Single Vehicle is the same as Type Approval, so any pedelec with fully acting throttle remains a motor vehicle with no exemption in law. It cannot be both subject to Type Approval yet also be exempted from type approval law.
So the provision being used is only a Ministerial order permitting an illegal use, a form of local allowance only. Indeed when applying for a single vehicle approval the Guidance Notes title says as much:
GUIDANCE NOTES FOR COMPLETING AN APPLICATION FOR A MINISTER’S APPROVAL CERTIFICATE (MSVA 1)
It is similar to the Ministerial Order that Paul Boateng made as Home Secretary when he gave permission for cyclists to use the pavement when in genuine fear of the traffic on certain occasions. That is still illegal, merely exempt from prosecution if fulfilling the Minister's conditions."
So there's no need for anyone with a 250 LPM mac hine to worry, they will definitely not be prosecuted for using a full throttle, even though the law still does not allow one.
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