Extract from a BEBA member user manual of an EN15194 approved 250W rated bicycle:
"There is a twist throttle provided on the right handlebar grip.
There is a red button by the throttle which, when pushed in, activates the throttle. Ensure that it is only pushed in when the throttle needs to be activated.
To use the throttle start pedalling as normal and once you have reached the speed you wish to travel at then twist the throttle.
After the throttle is used you can stop pedaling and the motor speed will be maintained.
Obviously, if the bicycle is used under throttle only without pedal assistance then the range will be substantially reduced."
Is the user covered by the waiver?
Yes. The UK's EAPC law includes throttle independent control and always has done. The waiver is additional and quite specific as you've seen, it concerns only the permission to have 250 watts power rating. It also stresses that the use of an "off-road" button is definitely not permitted, that expression "off-road" understood to be an additional speed control.
I really don't understand all this silly fuss. Over the years the DfT have stated their intention to adopt 250 watts to harmonise with the EU, the first occasion when I remember them doing that was online in 2005.
Following the acceptance of the EU type approval law in 2003 which exempted 250 watt pedelecs from type approval law as motor vehicles, e-bike manufacturers and importers openly supplied 250 watt rated machines, the DfT always knowing this.
When the status was queried at various times, the DfT statement was always that they would not rule, a case was needed for the courts to give a ruling. Finally the police attempt to bring a case that I mentioned gave that opportunity for the DfT wish to be granted just over a year ago, but as you now know, they blocked that instead. That was because they recognised and acknowledged that the situation was no longer reversible, 250 watts was the de facto standard, regardless of what any court decided.
Since they had accepted the principle of 250 watts, it's acceptance into law was publically stated official policy, and the position on the roads was beyond correction, there was no longer any point in getting the opinion of the judiciary. They had after all held a lengthy public consultation with interested parties, including all members of this forum, on what the provisions of the new 250 watt law should be when it was adopted. Therefore, using the material from that consultation a meeting was convened with the major interested parties at which the waiver for 250 watts was agreed to cover users until the law revision. The only other possible concession at the meeting was that they would consider whether to continue with independent throttle control in the law revision, following the high demand for that facility.
There are reasons why the new law is not yet in place. At the time of the foregoing the EU's own law was in a state of flux, since there were new powered two wheeler classes being introduced and some changes had been made in Germany's S class. In addition the EU parliament had made a recommendation that the pedelec power limit be removed altogether, control being by the 25 kph assist speed limit plus a maximum weight limit. Therefore the DfT were unable to proceed with harmonisation until they knew what they were going to harmonise with.
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.
Meanwhile internationally respected companies like Bosch, Panasonic and Yamaha continue to supply 250 watt machines to the UK market, knowing that they are immune from any incidental liability due to the additional 50 watt rating, and a number of police forces use 250 watt e-bikes, recognising that they cannot be prosecuted for that. They after all have been in receipt of the DfT direction not to prosecute 250 watt usage! I see no possible justification to question the status of 250 watt e-bikes any more.
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