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Magazine
UK
Electric Bicycle legal update
Updated
January 2010
The legal situation with regard to electric bicycles has become quite confused. This is the current situation as far as we know. Please do get in touch if you have been told anything else!
LATEST NEWS (January
2010): Electric Bicycle Legislation
The
Department for Transport has finally agreed to sort the mess out, and
is even asking for your advice. You can download the consultation
dcument at: www.dft.gov.uk/consultations/open/2010-02
Comments are welcome until 30th March 2010. The change to wattage is
merely a techicality, as 250 watt machines are already on sale in the
UK. Similarly, changes to weight limits are of little importance. The
most important change is that European law includes a requirement to
pedal before the motor engages. This will be a big change, but note
that the DfT is talking in the vaguest of terms about when the actual
legislation would be introduced ("EAPCs manufactured from a certain
future date may only supply power assistance only when the rider is
pedalling... "), and it would not reply retrospectively to older
machines. However, if you feel strongly that UK riders should have
the freedom to pedal or not, as they see fit, it's well worth making
your point while you can.
LATEST NEWS (December
2004): Electric Bicycle Legislation
The
UK Department for Transport confirms that two, three or four wheeled
electric cycles will not be treated as motor vehicles provided they
conform with the European Directive below. Crucially, this is not
deemed to cover machines where power is delivered without the rider
pedalling, but according to the DfT, "... our understanding is that
the appropriate authorities (i.e. Trading Standards) are unlikely to
take action to prevent the sale of these vehicles simply on the
ground that they have neither a CoC or MAC..." In other words, the
legality of such electric bikes remains ambiguous until tested in
law. However, as the majority of electric bicycles in use at the
present time are of this type, conflict is bound to arrise sooner or
later. This peculiarly British 'muddle through' obviously applies
only in the UK.
LATEST NEWS (July 2004):
Electric Bicycle Legislation
It
appears the UK Department for Transport is now clearly stating that
electric bicycles can supply power without being pedalled. Is this
the end? Not quite. The legal position of bikes caught between the UK
limit of 200 watts output and the European limit of 250 watts output
is still ambiguous. Our advise is to ignore this purely technical
detail.
LATEST NEWS (January
2004): Electric Bicycle Legislation
We
understand that the UK Department for Transport has legal advice that
their interpretation of the electric bicycle legislative tangle is
wrong and would be unsupportable in a court of law. If this is so -
and we have no written confirmation - the law will return to its
previous British form. In short this means that the requirement to
pedal before power can be applied will be dropped! More soon,
meanwhile, the complex paragraphs below may still be
relevent.
LATEST NEWS (December
2003): Scooter-style machines
Many
of the new breed of cheap electric cycles are designed for the
Chinese domestic market and styled like motorscooters. Apart from
causing confusion on the road, we can see no reason why these
machines should not be ridden as electric bicycles, provided they
conform to the regulations below and, of course, are fitted with
useable pedals. This may change should the machines be outlawed in a
future test-case!
LATEST NEWS (updated 19th
September 2003): Electric Bicycle Legislation
Under
Europe-wide type approval legislation passed in June 1999, electric
bicycles that did NOT need to be pedalled for the motor to operate
were banned, with manufacturers being given three years to comply
(June 2003). This has now been extended to 9th Novemenr 2003.
To remain exempt from motor vehicle legislation, an electric bicycle
must comply with the following:
1)
power no more than 250 watts rated output
2) motor must stop when you stop pedalling
3) motor power should reduce as you reach the
maximum speed (25kph)
4) maximum weight 40 kilos
5) bike complies with existing United Kingdom
pedal cycle standards.
Rule 2) is new and applies to bikes manufactured after June 2003. However, the exact standards covering the way power is cut off when the pedals stop turning has not yet been written and will probably not be produced until the end of 2004. To further confuse matters, the former UK legislation (almost identical, but with a 200 watt power limit and no requirement for the motor to stop when you stop pedalling) will remain in force, bringing UK law head to head with newer EU law. This older legislation will apply to self-built vehicles and those from small importers that are not covered by the type approval legislation. To summarise:
If you're still
confused, you're not alone. Recent clarification of the rules has
raised almost as many questions as it has answered. Some hybrids,
such as the Powabyke Euro range, can be switched between the two
modes of operation - it is not clear whether these will remain legal
or will need the switch disabled. And how small will a
manufacturer/importer need to be to skip the regulations all
together? And no-one seems quite sure whether the new rules will
apply to kits fitted to conventional bikes. The Department for
Transport is currently unable to answer these questions and has now
suggested that it will be for the courts to clarify the law. The
legal profession suggests the ball is firmly in the Department's
court.
LATEST NEWS (June 2003):
Electric Scooter Legislation
Electric
and petrol-powered micro-scooters are not, and never have been, road
legal in the UK. Recent court rulings have imposed heavy penalties on
users, treating the machines as small motorcycles in law. Thus,
riding an electric scooter in a public place (a public road, footpath
or cyclepath) can result in prosecution for riding without insurance,
MOT, tax, and a BS-standard motorcycle helmet, resulting in hefty
fines and (according to a number of recent cases) points on your
driving licence. Consequently, we are unable to recommend an electric
scooter. The electric bicycles below are treated as conventional
bicycles, but riders must be over 14 years of age.
Our
advice is not to buy any of these machines.
Return
to:
UK
electric bike price guide
For more on electric
bike pages, try:
Why
choose an electric bike?
Technical
things explained
Electric
bike buyer's guide
Road
tests