Legal Pitfalls

flecc

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Oct 25, 2006
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Did the Panasonic motors you mention all have identical controllers? Were those hardware or software tweaks?
Not known, Panasonic kept such detail secret since their units were sold as sealed for life with fully encapsulated circuitry, repair only by unit replacement.
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AntonyC

Esteemed Pedelecer
Apr 5, 2022
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From a user's point of view, my priority is not being sued for my house by some insurance company after an accident. As far as I can see, all TSDZ2 motors are rated from 250W, not 250W. Anyone else is of course free to do as they wish.
Fair point, here's my take and I hope to hear whether it covers me. From the regs [1]:

"the vehicle shall ... [have working pedals and] ... an electric motor which
(i) has a maximum continuous rated power which does not exceed 250 watts;
(ii) cannot propel the vehicle when it is travelling at more than 15.5 miles per hour.
[where] maximum continuous rated power has the same meaning as [... regulations and tests]"

The more I wish this wording were black and white, the more I see it as skilfully drafted to satisfy opposing lobbies, allow for diverse assistance needs and economic growth, and still provide guidance about antisocial use. Perhaps the lax policing backs up this interpretation a bit.

The speed limitation is the enforceable one, and seems to allow for soft cutoff above 15.5mph.

The wording here about power limit doesn't say rated 'by the manufacturer', nor what rated means, nor whether standalone or as part of the bike. It does say 'motor' when it's known that in physics terms motors don't have a clear power capability or limit, this depends on the whole system and its use. One of the tests would pass bikes making at least 450W at the wheel.

It seems to boil down to a motor system which the final designer considers appropriate for a bike in the steady 15-ish mph class: something distinct from what a moped can manage, a motor to cope with the huge power variations of terrain and weather but modest enough that unlocking wouldn't make a whole heap of difference, still behaving like a pedalled bicycle overall.

I think the power regulation is intended for firm guidance and not harsh enforcement. As the final designer of a kit+component build it's me that's sought the right balance, in effect 'rating' the motor, so I hope I've understood this right!

[1] https://www.legislation.gov.uk/uksi/1983/1168/made
 
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soundwave

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DSC_0051_04.JPG
DSC_0052_03.JPG

DSC_0057_01.JPG

thats the first time i ever read what that said lol ;)
 
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flecc

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Oct 25, 2006
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It is much more black and white than you present it

"the vehicle shall ... [have working pedals and] ... an electric motor which
(i) has a maximum continuous rated power which does not exceed 250 watts;
(ii) cannot propel the vehicle when it is travelling at more than 15.5 miles per hour.
[where] maximum continuous rated power has the same meaning as [... regulations and tests]"
You are not quoting from the law but from an amendment to the law, so it's incomplete. However those statements are correct.

The speed limitation is the enforceable one, and seems to allow for soft cutoff above 15.5mph.
It's all enforceable, but your second statement is incorrect. the "soft" cutoff as you describe it is before 15.5 mph, not after. This is the wording of the pedelec exemption from being a motor vehicle:

Exemption h.jpg
This appears in the Two and Three Wheeled Type Approval regulation 168/2013.

Enforcement of the law is primarily at the manufacturing stage of a pedelec and that is strongly enforced on European manufacturers, but it's sometimes subject to dishonesty by Oriental manufacturers misusing the CE marking.

The wording here about power limit doesn't say rated 'by the manufacturer', nor what rated means, nor whether standalone or as part of the bike.
Not true, you cannot read the law from such general guidance notes. Technical document EN15194 sets out how the power is rated, and that it is rated by the manufacturer and that it only applies to complete pedelecs, not stand alone motors

It seems to boil down to a motor system which the final designer considers appropriate for a bike in the steady 15-ish mph class: something distinct from what a moped can manage, a motor to cope with the huge power variations of terrain and weather but modest enough that unlocking wouldn't make a whole heap of difference, still behaving like a pedalled bicycle overall.

I think the power regulation is intended for firm guidance and not harsh enforcement.
The law is not a matter for lay opinion and should never be second guessed. It is created by the expert opinion of all the interested parties and then drafted into regulations by lawyers. After which it is considered by a select committee if considered necessary before being approved by the House of Commons and finally the House of Lords.

As the final designer of a kit+component build it's me that's sought the right balance, in effect 'rating' the motor, so I hope I've understood this right!
Incorrect again I'm afraid. There is no such thing as a kit e-bike in law, they are all illegal since there is none of the necessary approval for them to be on the road in the UK.

However, their existence has led to a "blind eye" situation throughout Europe, including the UK. So long as the law on the allowed assist power rating of 250 watts, the assist speed limits and no power without pedalling are adhered to, the authorities turn a blind eye and don't get involved.

But as this thread shows, insurers are usually not so lenient and often refuse to insure kit builds, since they have no existence in law.
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saneagle

Esteemed Pedelecer
Oct 10, 2010
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Are TSDZ2s illegal? All TSDZ2 motors are rated 750W... It appears that the motors are all the same and use the same controller, with the only difference between 36V 250W, 36V 350W, 36V 500W, 48V 500W, 48V 750W being firmware parameters on that controller. I'd hate to be sued by a insurance company after causing accidental damage. :eek:
Of course the 250w one is legal. They might all be the same motor, but they are rated diffently according to the markings on them and/or the listing. I keep telling you. the law rates to the rated power not the actual power, nor whether there is another one that looks the same but has a different label or has a different controller or if you change the controller or battery or anything else.

Incidentally, every ebike produced can have its software flashed or altered to increase its power or speed, so forget these stupid arguments about how bikes, where you can change the settings, might be illegal. It's absolute nonsense. The regulations refer to an off-road switch, which would be an actual control in a convenient location to change the speed, like a button, lever or switch, not a phone in your pocket, laptop in the car, computer at home, settings in an LCD or anything like that.
 

soundwave

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Incidentally, every ebike produced can have its software flashed or altered to increase its power or speed, so forget these stupid arguments about how bikes, where you can change the settings, might be illegal. It's absolute nonsense. The regulations refer to an off-road switch, which would be an actual control in a convenient location to change the speed, like a button, lever or switch, not a phone in your pocket, laptop in the car, computer at home, settings in an LCD or anything like that.

wrong there is no way to flash or change anything in a bosch controller it is a locked and encrypted system.

if there is any way to change the controllers top speed then it is not road legal because you have a way mode switch or laptop to change it to what you like.

i can not do that on my bike it is impossible bar using a dongle and why bosch and all the others do the same to there controllers with can bus and uart programming and encrypt it.

like flecc said there is no uk road legal ebike kits yet you can buy them anywhere or get them imported with no problems bar batts.
 

Ocsid

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But as this thread shows, insurers are usually not so lenient and often refuse to insure kit builds, since they have no existence in law.
IMO that is dead easy to understand, they could otherwise face the outcome of any litigation, when & if the courts ever had cause to rule on this can of worms; say a multi million £ injury claim.

Whilst I can see deep upset for many here if the UK courts ever tested the law, at least then the precedence would be a known.
Tragic if it takes a horrendous accident for that, but I suspect that will be the only way it gets tested.
Seems presently the goal of low carbon personal transport solutions are too valued for the authorities to go probing, until the crunch comes.
 
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soundwave

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flecc

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Seems presently the goal of low carbon personal transport solutions are too valued for the authorities to go probing, until the crunch comes.
Sadly that is true, and it has led to a ridiculous inconsistency. To be on the road any vehicle type has to be either type approved or exempted from type approval. Then once one of those is achieved, a law permitting and specifying usage has to be passed, but that second doesn't necessarily follow the first.

For example the Segways have an exemption from type approval but have no permission to be used publically, since the authorities wisely saw the danger in a such a vehicle's speeds, instability, inefficient braking and excessive reliance on rider skills.

When the subject of powered pavement style scooters cropped up, they should have been treated in exactly the same way on the same grounds, that they are as fundamentally unstable and unsuited to our roads and pavements. But for purely political reasons the limited trial of those has been permitted, leading to huge numbers being sold into public use entirely illegally by a cynical money grabbing retail trade.

Of course any fool could have predicted this outcome, but it seems our politicians are special kinds of fools.
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I893469365902345609348566

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For example the Segways have an exemption from type approval but have no permission to be used publically, since the authorities wisely saw the danger in a such a vehicle's speeds, instability, inefficient braking and excessive reliance on rider skills.
 

Nealh

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Problem is he wasn't prosecuted for an illegal bike , so as yet there hasn't been a case to set prescedence. The case above was one tried for manslaughter.
 
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I893469365902345609348566

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Do insurance companies need the precedent of an illegal ebike ruling (with possibly fines, points on driving licence etc.) before pursuing the owner for financial damages?
 

soundwave

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Ocsid

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Do insurance companies need the precedent of an illegal ebike ruling (with possibly fines, points on driving licence etc.) before pursuing the owner for financial damages?
It is IMO the civil claims ramifications, for say 24 x 365 of lifetime care labour & equipment costs plus compensation damages that they are likely to be more than a little concerned about covering.

Few of us I suspect could shell out the cash for just employing three carers for the whole of say a now 12 year old child's life, let alone the kit needed?
 
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Nealh

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I don't think yet we have seen a prosecution of an ebike with pedals, there was a prosecution in Wales either last year or the year before with an ebike with no pedals.
The guy was given 6 points and a hefty fine for a throttle only bike.
 

AntonyC

Esteemed Pedelecer
Apr 5, 2022
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Not true, you cannot read the law from such general guidance notes. Technical document EN15194 sets out how the power is rated, and that it is rated by the manufacturer and that it only applies to complete pedelecs, not stand alone motors
Thanks flecc, it felt like a stretch hence "The wording here...". So, how do we know when we've reached the bottom of the well?

You commented here [1] on not trying to understand the law from government guidance pages, and identified the separate parts of the law. How can we tell that the 1983 + 2015 EPAC Regulations, which restrict power and refer to [2] to define it, are only guidance notes, whereas the 168/2013 Type Approval Regulation is authoritative in restricting power and EN15194 is authoritative in defining it (by means of rating methods)? The EPAC Regs refer to the RTAs 1984 & 1988, which made this lay reader think these Regs might be the authoritative implementation.

Is there a precedence chart? It's our individual responsibility to know the law and keep the "blind eye" situation going.

[1] https://www.pedelecs.co.uk/forum/threads/a-quick-question-about-the-15-5mph-assisted-legal-limit.43401/post-651976
[2] power with the same meaning as in Regulation (EU) No 168/2013(a)
 
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flecc

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Thanks flecc, it felt like a stretch hence "The wording here...". So, how do we know when we've reached the bottom of the well?

You commented here [1] on not trying to understand the law from government guidance pages, and identified the separate parts of the law. How can we tell that the 1983 + 2015 EPAC Regulations, which restrict power and refer to [2] to define it, are only guidance notes, whereas the 168/2013 Type Approval Regulation is authoritative in restricting power and EN15194 is authoritative in defining it (by means of rating methods)? The EPAC Regs refer to the RTAs 1984 & 1988, which made this lay reader think these Regs might be the authoritative implementation.

Is there a precedence chart? It's our individual responsibility to know the law and keep the "blind eye" situation going.

[1] https://www.pedelecs.co.uk/forum/threads/a-quick-question-about-the-15-5mph-assisted-legal-limit.43401/post-651976
[2] power with the same meaning as in Regulation (EU) No 168/2013(a)
A pedelec rider doesn't need to look into all the detail of these laws, they are there for designers and manufacturers to assist them in producing legal machines and to earn official approval such as the CE marking.

As I ended the above link. It's actually all very simple, just do what is allowed, nothing more.

What is allowed is spelled out in the guidance notes, but if creating your own technically illegal pedelec by using a motor kit, the exemption in the type approval regulation says all you need to know in minimal words:

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 (which is 15.5 mph).

So if you use a kit or motor and controller combination that is sold as 250 watts and marked as such, motor only used restricted to that assist speed limit and only when pedalling, the law will never trouble you.

Those are the limits, the bottom of the well as you put it. With two exceptions, anything else makes it a motor vehicle liable to registration etc.

The exceptions are:

1) Being able to have a fully operational throttle up to 6kph to assist starting from rest. Some pedelecs and kits include the necessary.

2) Being able to have a fully operational throttle up to 15.5mph if the pedelec is taken though single vehicle approval at an approved testing station to become an L1e-A class motor vehicle. If in all other respects it complies with pedelec law, the DfT and police will consider it still a pedelec and not liable for motor vehicle registration, a uniquely British only concession.
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FastFreddy2

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Apr 19, 2023
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Being a newbie here, and a newbie to all things electric with wheels, I am going to do a seemingly quite foolish things and put my head "in the lion's mouth"..... (Restraint has never been my strongest virtue. - Assuming I have any at all? :D )

This thread has at least two daughters, the problem with an illegal bike being sold to an unsuspecting customer, and what constitutes a 'legal' bicycle - as opposed to an illegal one. I'd like to comment on the illegal sale first....

When e-scooters are sold to the general public (and I sense flecc's heckles rising as he reads this), there is ALWAYS a broad and obvious indication these can only be used on private land with the owners permission. Signs on the scooters, larger signs in the stores where they are sold. The conditions under which they can be used, is made plain. Otherwise there might be a need for "buyer beware", situation in a retail environment, which generally, there isn't. This would be different to buying an unmotorized bicycle, where there is no special knowledge needed for its use. Rather like buying a pair of shoes, or a pair of jeans. No specialised knowledge is needed to make the purchasing decision, other than 'does it fit?'

I've not studied law, but I know a little of contract law. It seems to me that unless the buyer was made aware the e-bike in question, is actually a motorised vehicle in law, needing to be type approved, taxed, insures and periodically MOT tested, with an appropriate license to ride in public spaces, the buyer has not been sold what he believed he bought. TS might rightly argue, he has been mis-sold his bike.

The legal representation provided by his house insurer, also seems to have short changed him. "No assets"? Really? Trading name and current stock? As for not being able to prove the "miss-sold status", I think a judge seeing advertising like this might take a dim view of whether the purchase was as innocent as the seller might claim;



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With all the possibilities of a TS visit as indicated with a solicitors letter, and court costs eluded to, the return of the e-bike might be the cheapest option for the seller. Either way, I think not only should Trading Standards be advised, so should the police. These are no different to electric mopeds, which need a license to use on British roads. What the seller is offering is a route to thwart a driving ban, disguised as a bicycle - that isn't actually a bicycle.

I also think there might be a good legal case for the "miss-selling" and if the bike was bought on a credit card, I would suggest that could also be a route to some financial recovery.

Just for the record, sellers T+C's can NOT be used to obscure or remove buyers rights as buyers. For example, if I bought a pair of shoes from a seller with T+C's that said "all sales are final" but on getting home with the shoes the box contained different sized shoes, that sale would NOT be final.

Edit to add clarity.
 
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flecc

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When e-scooters are sold to the general public there is ALWAYS a broad and obvious indication these can only be used on private land with the owners permission. Signs on the scooters, larger signs in the stores where they are sold.
But not always on the internet. There the sellers play fast and loose, even the ones with store outlets as well.

Halfords in particular are being utterly cynical in my opinion, knowing owned ones are always illegal in public but obviously attempting to enforce e-scooter legality for all by swamping the roads with them to achieve a fait accompli.
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FastFreddy2

Pedelecer
Apr 19, 2023
186
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What is and what isn't an e-bike?

This is a great question and there is only one answer ...... Is there?

Taken from Wiki. All copyrights acknowledged.

A pedelec (from pedal electric cycle) or EPAC (electronically power assisted cycle), is a type of low-powered electric bicycle where the rider's pedalling is assisted by a small electric motor. However, unlike some other types of e-bikes, pedelecs are classified as conventional bicycles in many countries by road authorities rather than as a type of electric moped. Pedelecs include an electronic controller which cuts power to the motor when the rider is not pedalling or when a certain speed – usually 25 km/h (16 mph) or 32 km/h (20 mph) – is reached. Pedelecs are useful for people who ride in hilly areas or in strong headwinds. While a pedelec can be any type of bicycle, a pedelec city bike is very common. A conventional bicycle can be converted to a pedelec with the addition of the necessary parts, e.g., motor, battery, etc.

Many jurisdictions classify pedelecs as bicycles as opposed to mopeds or motorcycles. More powerful e-bikes, such as the S-Pedelecs and power-on-demand e-bikes (those whose motors can provide assistance regardless of whether the rider is pedalling) are often classified as mopeds or even motorcycles with the rider thus subject to the regulations of such motor vehicles, e.g., having a license and a vehicle registration, wearing a helmet, etc.


From what I've read in this thread, I'd say the Wiki intro is a fair representation of what is generally accepted in in Pedelecs. Feel free to say otherwise of course. ;)


Some of my background is in firearms, and there are some comparisons to be made between the two. Generally speaking, anything with a trigger that goes 'bang' in the UK is illegal. There are some circumstances where air pistols and air rifles, below their respective power ranges, can be used unlicensed. Anything and everything else, needs a license. Any equipment when purchased from the authorised seller, has to be tested (proofed) as should any modifications to it. Sound familiar?

It's not easy to see if an air rifle has more power than it should have, as with e-bikes. It's not until something bad happens, and the police get involved that equipment is tested, and if the test is failed, there's a whole world of trouble going to come down on the owner. At present, I wouldn't be surprised if e-bike owners, along with e-scooter owners, settle for confiscation over a prosecution since riding either on public highways is pretty indefensible. Any form of mitigation won't see you getting off a successful prosecution. Cheaper for the police, less time in court, and no criminal record for the owner. A win/win/win from enforcing the law point of view.

Regardless to the rights and wrongs of British legislation, I think too much was done too late. I don't necessarily mean just e-bikes, but e-scooters too.

E-scooters and e-bikes are, and will remain, a fact of life. Anyone who thinks otherwise, is obviously related to Canute. The tide of electrically powered personal transport will reach if it hasn't already, tidal proportions. Once small, high amperage batteries were possible, (thank you mobile phones), e-powered person transport was always going to happen. Market opportunity is enormous.

The British government should have limited the power of any e-vehicle being sold and put the onus on the seller for compliance. If there was a need for greater power, for purely off-road vehicles, those vehicles should have had 'approved' status (type approval perhaps or individual approval), with a license for use tied to that motorised vehicle.

With e-scooters being imported by the likes of ChAmazon and maybe Ebay by the thousands, the potential for post-purchase policing was always, is always going to be impossible. That cat is well and truly, out of the bag. With high street retailers now selling them openly, I think it safe to say the British government can do nothing about it now. At best there can only be mitigation, and that comes via confiscation during local purges, or through prosecution after a serious accident. Though even the prosecution through an accident seems difficult to prove in law.

What I'm reading in this thread is that there are in law, allowances for 'pedelecs', rather than what might be called e-bikes? With e-bikes given to mean anything outside the power envelope provided by legislation.....

My conclusion from reading this thread is that for most of us, the e-motor assistance power levels offered within the UK legislation seems to be perfectly adequate. While I don't yet have a motor on any of my bikes, I know that 10mph is a reasonably good speed for me, though I don't ride on the road. It's also significantly faster than I'm able to ride up long hills after an hours riding in countryside, especially through mud. I can see the need for a 'boost' in some situations, and what I can gather is the systems available, can provide for that too. My mate with a Levo de-restricted his bike and his first motor didn't last long after that, (though neither did his second motor which he didn't de-restrict). The bigger issue for the consumer seems to be reliability?

While it might seem like I'm being critical, I can see the pleasure and purpose in higher powered e-bikes, and I think there's also a case for making their use a little bit easier than sing what could be exhaustive testing?


As power availability increases, as reliability increases, there might be a case for periodic (safety) testing for higher powered two or three wheeled e-vehicles, but it seems at the moment, there is very little motivation to take on large organisations like the EU, to allow higher categories with reasonable speeds and suitable equipment levels without the cost involved in combustion engined type approval. At the moment, the government seems to treat pedelecs as bicycles (rightly), and combustion engined vehicles as motor vehicles, but no obvious slots in between that are easily recognisable.

Within my lifetime (hopefully within my lifetime), combustion engined vehicles sales are scheduled to be banned in the UK. I can't afford a £40,000 electric car, and morally I won't pay for one either. (I bought my first home for less.) What is the alternative? In my view, 4 wheeled covered cargo bikes, but they won't be powered by 250w motors, and if they are, they won't be lasting very long.

My belief is "e" transport is the future. Maybe using car or lorry based lead-acid batteries as the Chinese on what are e-mopeds, or something more substantial. What doesn't seem to be readily available, is a reasonably priced e-moped grade vehicle, within current legislation that can be used by commuters at say 30mph, allowing them to keep up with 'in town' traffic. Certainly nothing with 3 or 4 wheels. One or two might be thinking what about pedals? What about getting home with a flat battery? I'm asking the questions, not providing all the answers. :p
 
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