News: ‘Twist and go’ type approval guidance emerges

[anotherkiwi]

Most of my bikes are 4 mph walk assist/set off function.

Set off function is Full Speed Throttle (Watts specified by assistance level) but limited to 6 km/h

Walk assist is: P4=0 C4=3???

 

[flecc]

Set off function is Full Speed Throttle (Watts specified by assistance level) but limited to 6 km/h

Walk assist is: P4=0 C4=3

We in the UK get away with a little more at 4 mph, your EU 6 kph being 3.6 mph.
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[flecc]

4. If the throttle only works whilst pedalling...it did occur to me what is the definition of pedalling,if you are putting pressure on the pedals (like the weight of a foot),is that pedalling?
KudosDAve

Just rotating without any further effort is ok. The 168/2013 has no definition of pedalling, nor does the EAPC regulation. Both only mention power must cease when pedalling stops.

So since rotation only sensors are accepted as legal and there's no requirement for torque sensing, rotation is all that's needed.
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[trex]

if they don't define pedalling then can resting your feet on the pedals with a little movement now and then count as pedalling? is it legal to start with walk assist then change over to full throttle after your feet are off the ground?

 

[flecc]

Whilst I hear you say what Flec there are no end of illegal vehicles sold without the seller being liable quads/trial bikes/ Cat D write offs/ Segways etc so why are ebikes with throttles any different.

As I said, if the seller tells the customer that the throttle pedelec is legal without registration, offences* are committed by the seller. But if the seller just lets the customer assume it's ok, no offence is committed by the seller.

Remember, all those others you mention are automatically illegal to use under the Highway Act 1835, but they are not illegal to sell. A correctly specified pedelec is legal to use. Very few things are actually barred from sale, the law is usually only concerned with usage.

* False trade description and possibly false advertising.
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[anotherkiwi]

Yesterday I used my lipo pack in town for the first time (I have only been using on the open road) what a revelation! Even at lowest assistance levels I spent my time just turning the pedals so that the PAS would kick in, the power is amazing! Similar to riding around town with the bottle battery at assistance level 5 but on steroids...

In my mind a start off assistance throttle to 6 km/h is plenty enough for someone who has the mobility to just turn the pedals. It is having enough force to get those first two magnets to pass in front of the sensor that is the tough bit, then the motor does the rest.

 

[flecc]

if they don't define pedalling then can resting your feet on the pedals with a little movement now and then count as pedalling?

Since 168/2013 only says this:

where the output of the motor is cut off when the cyclist stops pedalling

what pedalling constitutes is a matter for judgement in a senior court. For example, what defined riding as opposed to walking alongside had to be defined in a test case. (Crank v Brooks [1980] RTR 441 in the appeal court). I'm sure a court judgement would require rotation.

is it legal to start with walk assist then change over to full throttle after your feet are off the ground?

No, if the power can continue if pedalling is stopped.

Yes, if stopping pedalling cuts the power, and many like this have been sold into the mainland EU. For example, Ezee bikes with only the pedelec function but still with full range throttle.
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[anotherkiwi]

Walk assist doesn't supply enough power to start off in my case, only about 40 W.

 

[Ruadh495]

A pedelec with throttle has to have type approval since it is excluded from exemption (h) of 168/2013.

Type approval is under that 168/2013 which, in page 1, clause 5 of the explanations for the legislation has this:

Market surveillance in the automotive sector

Clearly that means motor vehicles.

Ergo, at present, using a pedelec imported after January 2016 and equipped with a fully acting throttle constitutes use of an unregistered motor vehicle.


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That seems a bit tenuous to me, Flecc. How does the requirement for type approval remove the exemption from Road Traffic Act requirements provided by the EAPC Regs 1983 / 2015?

In my opinion (which could easily be wrong) the vehicle is should still be treated as a bicycle under the RTA as long as the EAPC Regs are met. It's not legal, but not an unregistered motor vehicle either. Well, it is, but only in the sense that all pedelecs are; unregistered motor vehicles which are permitted to be unregistered under a specific exemption.

 

[flecc]

That seems a bit tenuous to me, Flecc. How does the requirement for type approval remove the exemption from Road Traffic Act requirements provided by the EAPC Regs 1983 / 2015?

In my opinion (which could easily be wrong) the vehicle is should still be treated as a bicycle under the RTA as long as the EAPC Regs are met. It's not legal, but not an unregistered motor vehicle either. Well, it is, but only in the sense that all pedelecs are; unregistered motor vehicles which are permitted to be unregistered under a specific exemption.

Legal pedelecs are not unregistered motor vehicles, there is nothing in law defining them as that. 168/2013 does not exempt them from being motor vehicles, it only exempts them from type approval law.

It's only when a vehicle becomes the subject of type approval that it's defined as an automotive vehicle, i.e. motor vehicle.

Therefore a non conforming pedelec which is subject to type approval is an unregistered motor vehicle when in use on the road. That much is not tenuous.

Our EAPC regulations have no force with the EU. The DfT have already admitted that their intent to consider a throttle pedelec as an EAPC will only have force within the UK.
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[KirstinS]

Unless of course you bought it before the 1st January 2016 or the seller/importer can prove that it was imported before the 1st January 2016....hehe what a minefield...
So,the bike does not need type approval...
1. If it was bought before the 1st January 2016
2. If it was bought after the 1st January 2016,but imported before the 1st January 2016
3. If the throttle only works up to 4 mph
4. If the throttle only works whilst pedalling...it did occur to me what is the definition of pedalling,if you are putting pressure on the pedals (like the weight of a foot),is that pedalling?
KudosDAve

Point 4'- that's the first time I've seen that stated this way. Personally I'm very encouraged

Surely as long as the PAS sensor is activated then full throttle is ok ?

Just this seems a great workaround to help elderly/partially able. You can legal pedal in lowest in low gear, basically freewheel, and use throttle. In a front hub setup this gives 15mph for almost zero effort

 

[trex]

I've tried that, I use the throttle while rotating the cranks instead of pedalling, it does not feel natural. It's a bit like what you see in the Jivr.

By the way, if I remove the chain, can the bike continue to be considered as an EAPC?

 

[flecc]

Point 4'- that's the first time I've seen that stated this way. Personally I'm very encouraged

Surely as long as the PAS sensor is activated then full throttle is ok ?

Just this seems a great workaround to help elderly/partially able. You can legal pedal in lowest in low gear, basically freewheel, and use throttle. In a front hub setup this gives 15mph for almost zero effort

I'm surprised you say the first time seen. This has long existed on many legal e-bikes. For example, I've owned two legal Ezee models which were also supplied on the continent in pedelc only form.

Both in pedelec mode had full throttles which only operated when the pedals were rotated.

Pedals turning and throttle shut = no power.

Pedals turning and any degree of throttle opening = power.
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[shemozzle999]

It is a shame they deleted a new exemption in Article2, Section2 of Commisioner's proposal when it was up for approval by the EP and EC stage - it would have solved the problem

(ja) vehicles equipped with an electric motor, a maximum design speed of less than 25 km/h and an unladen mass of less than 25 kg; such vehicles shall not be considered to be motor vehicles.

Perhaps if it had a power restriction it might have got through - I wonder who originated it?

 

[flecc]

It is a shame they deleted a new exemption in Article2, Section2 of Commisioner's proposal when it was up for approval by the EP and EC stage - it would have solved the problem

(ja) vehicles equipped with an electric motor, a maximum design speed of less than 25 km/h and an unladen mass of less than 25 kg; such vehicles shall not be considered to be motor vehicles.

Perhaps if it had a power restriction it might have got through - I wonder who originated it?

It seems to align with the proposal from the European Parliament some three years ago to remove pedelec power limits, on the basis that the speed limit was enough. The EU Commission threw that out. In this case the weight limit would limit the power by what is technically possible.

Perhaps this came from the same Parliament source?
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[shemozzle999]

It seems to align with the proposal from the European Parliament some three years ago to remove pedelec power limits, on the basis that the speed limit was enough. The EU Commission threw that out. In this case the weight limit would limit the power by what is technically possible.

Perhaps this came from the same Parliament source?
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Yes, I am currently delving through the history of the making of EU 168/2013 to see what tests were made and who made them and found it here under "Texts Tabled" on this page:

http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&reference=A7-2011-0445&language=EN

the debates on the day before the EP vote was made are also interesting it was combined with another vote on agricultural vehicles so it jumps about a bit:

http://www.europarl.europa.eu/sides/getDoc.do?type=CRE&reference=20121119&secondRef=ITEM-027&language=EN&ring=A7-2011-0445

EP vote : 1st reading 643 in favour,16 against and 18 abstentions

 

[shemozzle999]

The only test I could find was the Opinion of the European Economic and Social Committee who submitted it's findings to the Commission.

Whilst acknowledging the added benefits of increased mobility given by the proposals, appears to have failed to identify the potential social limitations placed on the disadvantaged and elderly by the restrictive definition of article 2 2(h).

http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=celex:52011AE0065

 

[shemozzle999]

Perhaps the 168/2013 concern could be raised by the UK member state representative during the current objection period of the 4 delegated regulations - at least get it noted on record - so the Commission could be made aware and maybe revisit it.

 

[Ruadh495]

Legal pedelecs are not unregistered motor vehicles, there is nothing in law defining them as that. 168/2013 does not exempt them from being motor vehicles, it only exempts them from type approval law.

It's only when a vehicle becomes the subject of type approval that it's defined as an automotive vehicle, i.e. motor vehicle.

Therefore a non conforming pedelec which is subject to type approval is an unregistered motor vehicle when in use on the road. That much is not tenuous.

Our EAPC regulations have no force with the EU. The DfT have already admitted that their intent to consider a throttle pedelec as an EAPC will only have force within the UK.
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The Road Traffic Act 1988 c52 PartVII 185c defines a "motor cycle" as any mechanically propelled vehicle with <4 wheels and weighing <410kg. Type approval is not mentioned. So that would seem to cover pedelecs. However, para. 189c provides that "an electrically assisted pedal cycle of such a class as may be prescribed by regulations so made" is not to be treated as a motor vehicle.

The "regulations so made" are EAPC 2015, so to treat a cycle which conforms to EAPC 2015 as a motor cycle (i.e. by prosecuting the user) is a breach of the Road Traffic Act 1988.

Incidentally, I think a 168/2013 conforming pedelec can still become an unregistered motor vehicle, if ridden by a 13 year old. That is contrary to EAPC 2013 and thus to RTA 1988.

You are quite correct that this only has force in the UK. Other parts of Europe have different usage laws. They allow S-class, for example.

 

[flecc]

The "regulations so made" are EAPC 2015, so to treat a cycle which conforms to EAPC 2015 as a motor cycle (i.e. by prosecuting the user) is a breach of the Road Traffic Act 1988.

But the EU law overrides all of our regulations in this area where they conflict. Also this statement by the DfT is crucial:

However, under European law new "Twist and Go" vehicles will, from January 2016, have to meet a range of technical requirements before they can be used on roads. This will normally be established by "type approval" at the manufacturing stage but importers and individuals will be able to seek an individual approval for vehicles that have not been type approved.

Since that type or single vehicle approval is impossible at present, any full throttle pedelec first used after January 2016 does not at present conform to the requirements to be an EAPC as defined by the DfT.

Currently it can only be type approved as an L1e-A Low Powered Moped, which is a motor vehicle. In essence this is a conflict with the UK's own law and a conflict with the paramount EU law. It's my opinion that a court would have to accept the EU law primacy.
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