Trade descriptions act

[indalo]

I do apologise for being too lazy to trawl through recent threads to find where this post might be best appended but something I read stuck in my mind regarding the legality of ebikes and I think it may have been Jeremy who made the point about sellers being easily absolved of responsibility for selling bikes which do not fully comply with regulations. "Caveat Emptor" was mentioned and that doesn't rest comfortably with me, given the breadth of liabilities contained within the TDA.

The onus is on vendors to ensure goods they sell are satisfactory. One of the criteria often used in successful claims under the act is that goods must be of merchantable quality and FIT FOR PURPOSE.

I don't think someone like Michael Mansfield QC would have any real difficulty in outlining exactly how something which patently fails to satisfy either UK or EU legislation might be described as fit for purpose. I can see that it's perfectly possible that some buyers might have no idea about the finer points of the law in regard to ebikes but the seller is actually obliged under the act to ensure compliance.

Any views?

Indalo

 

[flecc]

No, the seller has no express liability. A power assisted bike that does not fit the EPAC regulations is not illegal per se.

The seller may only be committing an offence if they expressly state that one conforms when it does not. That offence will not be connected in any way to the EPAC regulations, it will only be in relation to the giving of misleading information in connection with a pecuniary gain.

 

[Old_Dave]

Ahh... But wouldn't the common man believe that the 'bike' was usable / legal unless informed otherwise.

Misleading by withholding revelant information


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[indalo]

The seller may only be committing an offence if they expressly state that one conforms when it does not. That offence will not be connected in any way to the EPAC regulations, it will only be in relation to the giving of misleading information in connection with a pecuniary gain.

Isn't that something of a moot point Flecc? I have read the word "legal" used many times in adverts for ebikes so if any seller uses that term when a bike fails to satisfy current legislation, surely he is misleading the customer? It follows that any sale resultant from such description if inaccurate will cause a pecuniary advantage.

This kind of situation is precisely what the act was brought in to resolve and its presence in statute actually helps avoid many issues becoming adversorial and costly. If, for example, 50 Cycles cover themselves with a disclaimer before selling a 350W motor bike, clearly the buyer has no real come back later. If, on the other hand, they were to sell the product suggesting that it is perfectly legal in the UK, without a written and signed disclaimer, they could be on a sticky wicket.

The current situation really needs to be simplified and standardised so no-one is any doubt about what is and what isn't legal when we speak of ebikes or pedelecs. In my view, we would do well to align ourselves with mainland europe for the sake of commonality. After all, it's hardly likely to cause WW3 and there are many other areas of european commonality we adhere to which are much more difficult to understand. I'm thinking particularly here of certain elements of farming and fishing protocols.

Sometimes when I read stuff on here about the German S-class bikes and how liberal the laws are elsewhere outside the UK, I could get the impression that everybody who rides an ebike in Germany owns an S-class. Patently that is not the case and while I can see that there would be a small market here for such machines, I have no difficulty with their presence here ON OUR ROADS. Just don't allow them on cycle tracks, tow paths, etc. If people want to buy bikes which can be powered faster than they could ever pedal manually, fine! Stick to the roads.

Indalo

 

[flecc]

If the seller mentions legal, then as I've posted above an offence may be committed.

But as posted, it is not in any way illegal to sell a bike with any power or control method. There is no law preventing it.

On your last point, there is no risk of S class bikes on cyclepaths and the like, that's not permitted in Germany either.