Now published as (EU) No 168/2013 is this what the DfT are waiting for?They have since given a target of 2016 for the introduction of the EU style new UK law, dispensing with the need for the waiver.
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See Resources tab on the top toolbar for free download link or alternatively go to:
http://www.dft.gov.uk/vca//vehicletype/revised-framework-directive-motorcycles.asp
where you can purchase a copy
Relevant to us:
Article 2
Scope
1. This Regulation shall apply to all two- or three-wheel vehicles and quadricycles as categorised in Article 4 and Annex I (‘L-category vehicles’), that are intended to travel on public roads, including those designed and constructed in one or more stages, and to systems, components and separate technical units, as well as parts and equipment, designed and constructed for such vehicles.
This Regulation also applies to enduro motorcycles (L3e-AxE (x = 1, 2 or 3)), trial motorcycles (L3e-AxT (x = 1, 2 or 3)) and heavy all terrain quads (L7e-B) as categorised in Article 4 and Annex I.
2. This Regulation does not apply to the following vehicles:
(a)
vehicles with a maximum design speed not exceeding 6 km/h;
(b)
vehicles exclusively intended for use by the physically handicapped;
(c)
vehicles exclusively intended for pedestrian control;
(d)
vehicles exclusively intended for use in competition;
(e)
vehicles designed and constructed for use by the armed services, civil defence, fire services, forces responsible for maintaining public order and emergency medical services;
(f)
agricultural or forestry vehicles subject to Regulation (EU) No 167/2013 of the European Parliament and of the Council of 5 February 2013 on the approval and market surveillance of agricultural and forestry vehicles (22), machines subject to Directive 97/68/EC of the European Parliament and of the Council of 16 December 1997 on the approximation of the laws of the Member States relating to measures against the emission of gaseous and particulate pollutants from internal combustion engines to be installed in non-road mobile machinery (23) and Directive 2006/42/EC of the European Parliament and of the Council of 17 May 2006 on machinery (24) and motor vehicles subject to Directive 2007/46/EC;
(g)
vehicles primarily intended for off-road use and designed to travel on unpaved surfaces;
(h)
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;
(i)
self-balancing vehicles;
(j)
vehicles not equipped with at least one seating position;
(k)
vehicles equipped with any seating position of the driver or rider having an R-point height ≤ 540 mm in case of categories L1e, L3e and L4e or ≤ 400 mm in case of categories L2e, L5e, L6e and L7e.
and under section - definitions
(35)
‘maximum continuous rated power’ means the maximum thirty minutes power at the output shaft of an electric engine as set out in UNECE regulation No 85;
also under the COMMISSION DIRECTIVE 2013/60/EU:
Article 5
1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 30 June 2014 at the latest. They shall communicate to the Commission the relevant text of those provisions forthwith.
When Member States adopt such measures, these shall contain a reference to this Directive or be accompanied by such a reference on their official publication. Member States shall determine how such a reference is to be made.
2. Member States shall communicate to the Commission the text of the main provisions of national law which they adopt in the field covered by this Directive.
Article 6
This Directive shall enter into force on the day following that of its publication in the Official Journal of the European Union.
Article 7
This Directive is addressed to the Member States.
Done at Brussels, 27 November 2013.
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