So throttle only not allowed then?
I think one solution could be to get some people representing the trade to ask for an audience with the relevant secretary of state, to explain that expansion of business will suffer from the legal uncertainty /this legal rule;and to request a change of policy and a statement from the government confirming that change (if they agree). Could try to get Age UK and an umbrella disability charity (or largest which deal with rheumatic and cardiac conditions) onside for the effort.
Effectively this has been done already Jonathan. The DfT had a consultation in whicn many of us took part, including trade members. Most of us I'm sure appealed for throttles to be allowed since this was known to be a widespread view, and our appeals were based on all the applicable issues, particularly with regard to disabilities. Subsequently the DfT acknowledged that they would consider the throttle question, but obviously all our appeals fell on deaf ears.
I must say I'm not surprised and said this was likely to be the outcome back in 2013. A major problem is the complexity of the alterations that would have to be to EU law, not just pedelec but the motor vehicle type approval legislation. Another reason is that there is a class for that purpose, the L1e-A class that allows pedal cycles with throttles and up to 1000 watts, the latter ideal for people with disability. Here it's known as the Low Powered Moped class. Another problem is that, as member Mechaniker pointed out from his very wide experience, it's only Britain that has this obsession with throttles.
I'm currently trying to get clarification from the DfT on the construction and use requirements for that class since I believe they may now be not be anywhere near as onerous as for the main moped class. While they have to be type approved, that would be done by the manufacturer, importer or supplier for each model and would not affect owners. Kit built e-bikes for that class would have to be taken through single vehicle approval though.
As soon as I get more information on this I'll post it here, but meanwhile I've established that most of the bicycle requirements are met by normal bicycle equipment. The remaining questions concern requirements for registration and third party insurance, if any, and if there are specific helmet wearing requirements.
Meanwhile,
here is a link to an announcement regarding the consultation and
here is a link to the details with documents to download, covering the consultation, responses and impact.
.