This letter does not appear anywhere on the governments advice website or in the public domain so I as a rider feel I have no protection from the law.Obviously some crossed wires in the DfT. Whoever gave him that information was obviously not aware of this from the DfT:
Summary of Government response to consultation
2.The Department for Transport has considered the responses to this consultation and supports recommendations to harmonise power limits (from 200 Watts to 250 Watts) with similar provisions in place across Europe. This will provide consumers with access to a wider range of electrically assisted cycles.
Extracts from intentions:
The DfT and Police are aware that electric bikes currently sold and used in the UK are fitted with 250W motors, they do not intend to become involved in prosecuting those that sell or ride them. The use of an "Off Road Button" however is strictly forbidden now and is specifically mentioned in documents appertaining to new and existing guidelines.
"Grandfather rights" will apply to all bikes sold before the new regulations come into force. So any changes will not be retrospective.
This was the conclusion of a meeting with many interested parties including BEBA, other trade interests and the police. This has been published in this forum several times not only by myself but also by BEBA and all BEBA main members are aware of it.
It's not unusual for ministers or even the odd prime minister to be accidentally misled on a variety of subjects as you may have read from time to time. Personally they are the last persons I'd ask about any legal technical matter. The civil servant who Norman asked has probably simply looked up the law and not consulted the DfT person specifically charged with e-bike matters. Yes, there is such a person, but it's only a part of their duties.
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Should it not be publicly published thus giving reassurance to riders?
Without it I have no confidence in my protection from the existing law.
Does anyone know where I can apply or from who I can obtain an official copy?
Armed with a copy I could then inquire whether or not it would would stand up if a private prosecution should ever be placed before the CPS.
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