Throttle only in Europe - what legal & financial hurdles need to be overcome

[jonathan75]

Hi all,

After finishing my pedelec build, I recently found my youngish knees are not as reliable as I'd hoped and I need to be able to use throttle only when riding. Unfortunately this threatens to defeat my main purpose in having an electric bike - because you can't use a throttle-only ebike on the continent, where I hope to explore by bike.

However I gather it's possible to get such a 250w 15.5mph ebike classified as a moped. Presumably then it becomes legal in Europe. However does anyone know please what that costs and what are the legal stages, i.e. what modifications are required, if the £55 SVA fee is the only non-insurance cost involved, and whether insurance and a stupid-ass big helmet are needed, and how much insurance ought to cost for such a bike.

TIA

 

[SRS]

Maybe you could get a doctor to write a letter stating that the throttle is requied to ensure you get back to base safely.

Then hopefully any official would use common sense and turn a blind eye.

I see no real reason to make life difficult for those with reduced strength or stamina.

 

[flecc]

The current position is variable in Europe, in part because the related EU type approval law for the new L1e-A and L1e-B classes of moped doesn't come fully into force for the class you mention (L1e-A) until 1st January 2017.

In the UK the type approval for the Low Powered Moped class will be sufficient here, in France and the Benelux countries at least, and I think Germany and Austria would also find that acceptable. Since the Italians don't bother with laws anyway, most of Europe should be ok with that.

Third party insurance will be necessary necessary all through Europe, registration with free VED is necessary, together with a full size m/c rear number plate at present. However, the forthcoming EU L1e-A type approval regulation will not require a rear number plate, so that calls into question the whole matter of registration (and possibly insurance) from 1st January 2017.

In the UK only a BS approved motorcycle helmet is acceptable, but in practice a similarly style cycle helmet like the Casco ones for example should allow the police to ignore that element. In the Netherlands it's been announced that cycle helmets will be acceptable for L1e-A, so I expect this will be ok for all the Benelux countries. Since Germany accepts cycle helmets for their higher speed and higher power S class, a cycle helmet with L1e-A is also likely to be acceptable there. France has already announced that any changes await the new 2017 law, so there as in the UK it will have to be treated as a normal 30mph moped at present.

Overall though as you will have seen from the foregoing, the current state of flux in the law relating to this class and local variations mean little absolutely definitive is possible at present. Currently decisions have to made using best judgement in each circumstance.

If you have any specific query on the construction aspects I can answer some of those from what is already known about the forthcoming requirements.
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[trex]

I've read something about throttle is allowed on an EN15194 bike if you are disabled and need not apply for number plate.

 

[flecc]

I've read something about throttle is allowed on an EN15194 bike if you are disabled and need not apply for number plate.

I've seen nothing specific about that. The DfT say a throtttle will be acceptable for anyone if an EAPC has been type approved, but they've put nothing in writing about that, so that's too vague to be reliably the law at present. In fact EU law applying here does not recognise that being possible.
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[jonathan75]

Thanks everyone. I'm thinking of mounting an action for annulment against the EU legislation- any ordinary citizen may do this. However that would seem to just rule out one source of trouble and leave troublesome national rules intact. The EU jurisprudence has tools however for individuals to set aside national rules also. Which could mean action against every member state. What a pain. However if the directive is amended then that could take care of matters.

 

[flecc]

Thanks everyone. I'm thinking of mounting an action for annulment against the EU legislation- any ordinary citizen may do this. However that would seem to just rule out one source of trouble and leave troublesome national rules intact.

That is the danger, especially for us in the UK. Historically and in the near future, the EU pedelec legislation has and will greatly improve our over-strict UK situation.

Examples:

Our e-bike assist speed limit was 12 mph, the EU's 25 kph limit has meant ours rising first to 15 mph and now to 15.6 mph.

Our e-bike power limit was 200 watts. The EU law forced us to raise that to 250 watts. Also the way in which our power was measured was far stricter, meaning the earlier British e-bikes were almost useless.

We require registration with rear number plate on low powered mopeds. The forthcoming EU wide L1e-A type approval law does away with the number plate (and presumably registration).

We have a completely unnecessary lower age limit of 14 years for e-bikes. Neither the EU or any other EC country has that silly limit.

As you can see, it's the UK law that threatens us far more.
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[anotherkiwi]

Hi all,
After finishing my pedelec build, I recently found my youngish knees are not as reliable as I'd hoped and I need to be able to use throttle only when riding. Unfortunately this threatens to defeat my main purpose in having an electric bike - because you can't use a throttle-only ebike on the continent, where I hope to explore by bike.

Can you pretend to pedal? If you can turn the pedals and have a thumb throttle mounted you could just wing it, negociating in the rare/unlikely case you have a run in with the law.

However I gather it's possible to get such a 250w 15.5mph ebike classified as a moped. Presumably then it becomes legal in Europe. However does anyone know please what that costs and what are the legal stages, i.e. what modifications are required, if the £55 SVA fee is the only non-insurance cost involved, and whether insurance and a stupid-ass big helmet are needed, and how much insurance ought to cost for such a bike.

In France you need an approved mirror, two braked wheels (front and back with independant levers - important heads up for trikes which often have coupled brakes on the front wheels alone), brake lights, speedo with milage counter and an electric bell as well as the number plate and insurance sticker. Indicators are not neccesary. And you can go the whole hog - 4000W!!! Drivers licence or moped certificate of course.

Cratoni make a very nice carbon fibre helmet which is motorbike approved. There again you can probably get away with very bad French pronounciation and a bowl style helmet - "Mais au Royaume Unis c'est permis cher Monsieur!"

 

[jonathan75]

Can you pretend to pedal? If you can turn the pedals and have a thumb throttle mounted you could just wing it, negociating in the rare/unlikely case you have a run in with the law."

Haha pretending to pedal was my whole plan in building a powerful pedelec ;-) Unfortunately no the way my knees are this isn't possible, hence my thinking of getting legal. This is actually hugely useful for a legal challenge against an EU Act because you need to demonstrate an interest in taking action.

 

[flecc]

Haha pretending to pedal was my whole plan in building a powerful pedelec ;-) Unfortunately no the way my knees are this isn't possible, hence my thinking of getting legal. This is actually hugely useful for a legal challenge against an EU Act because you need to demonstrate an interest in taking action.

I'm struggling to see the grounds for an action though, since what you want is entirely possible under the present low powered moped/ future L1e-A laws.

The EU pedelec law is simply to allow a bicycle to remain classified as a bicycle with very low powered assistance, and not be a motor vehicle. Since bicycles have to be pedalled anyway, no-one is being prevented from anything by the pedelec regulation.

What you are requesting is exemption from motor vehicle law for disabled users of a motor vehicle type. What grounds can there be for this, after all, disabled people use motor vehicles all the time, so are not being prevented from access to them?

A important point is that there is no UK precedent you can quote, since our EAPC law has never stated that throttles are permissible. It merely fails to specify how the power is applied, while saying that e-bikes are subject to the UK's bicycle construction and use regulations. That to me amounts to the same thing as the EU law, that exemption conforming e-bikes remain bicycles.
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[trex]

EN15194 and our laws do not specifically mention the word 'throttle' so how can it be illegal?

 

[flecc]

EN15194 and our laws do not specifically mention the word 'throttle' so how can it be illegal?

Under EU law a pedelec with an independent acting throttle is subject to type approval as a two wheeled motor vehicle.

The only exemption for a pedelec to be classed as a bicycle has this requirement:

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;

Clearly this does not allow a throttle. Since the UK is also bound by this law*, the same applies here.

* EU regulation 168/2013, Article 2, Section 2, sub-section (h)
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[anotherkiwi]

You can have a throttle on a pedelec if it is the device which is used to get up to and run at walking pace i.e. 6 kph. On a s-pedelec, in the countries where s-pedelec does not = moped, the throttle can be used up to 20 kph and not beyond (at least in Germany, Austria and Switzerland).

The Speedict Mercury permits programming the throttle to only work up to 6 kph if I understand correctly. It also permits reprogramming the controller via smartphone to turn a law abiding pedelec into a tyre shedding monster if I have correctly read the documentation.

Why don't you buy or rent an s-pedelec when in Europe? If you rent a German s-pedelec and bring it to France with a German number plate you will only have to wear a helmet when in France.