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ash[_2_]
December 6th 10, 09:41 AM
Ah, have at last found the legislation for Pedelecs.

Is there a pedelec in the land which conforms to this as all the ones
I've seen and played with have twist and go and push button power
assistance rendering the requirement to pedal obsolete, as the ones
I've seen seem to be on the wrong side of legality as the law is
written?


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Fact sheet: Electrically assisted pedal cycles (EAPCs) in Great
Britain
Electrically Assisted Pedal Cycle (an "EAPC")
In GB, the EAPC Regulations[1]; apply to certain bicycles, tandem
bicycles or tricycles fitted with pedals by means of which they are
capable of being propelled. For the regulations to apply, the motor
assistance must be provided by an electric motor and not by an
internal combustion engine. The electric motor must not be able to
propel the machine when it is travelling at more than 15mph.
Furthermore, the vehicle must also meet the following requirements:

Maximum kerbside weight (including batteries but without rider) shall
not exceed

- Bicycle: 40 kg - Tandem Bicycle: 60 kg - Tricycle: 60 kg

Maximum continuous rated power output of the motor shall not exceed

- Bicycle: 200W - Tandem Bicycle: 250W - Tricycle: 250W

An EAPC which complies with the above is not considered to be a motor
vehicle within the meaning of The Road Traffic Act 1988. As a result,
it is not required to be registered, pay vehicle excise duty (road
tax) or be insured as a motor vehicle. No EAPC may be ridden by anyone
under the age of 14 years.

The Pedal Cycles (Construction and Use) Regulations [2]; also specify
requirements for EAPCs. These include a requirement to display a plate
showing the manufacturer, the nominal voltage of the battery, and the
continuous rated output of the motor.

Vehicles outside the scope of the UK Electrically Assisted Pedal
Cycles Regulations
A vehicle is not covered by the above exemption if it is outside the
scope of the EAPC Regulations. This may be due to the motor power
output, speed up to which power can be provided, weight, or that it
does not have pedals by means of which the machine can be propelled.
Consequently, it will need to be registered, insured and is subject to
Vehicle Excise Duty (display a tax disc); the rider will need an
appropriate driving licence and will have to wear an approved
motorcycle safety helmet.

The requirements applicable to EAPCs outside the scope of the 1983
EAPC Regulations vary. Certain types, for example, those whose power
exceeds 250 Watts may require either a European Certificate of
Conformity (issued by the manufacturer as part of the “type approval”
procedure) or an individual pre-registration assessment, others may be
registered directly with DVLA.

Power assistance (Twist and Go)
A vehicle is not exempt from having either a European Certificate of
Conformity or an individual pre-registration assessment if it is
fitted with pedals and a motor that can provide power assistance at
any time without the rider pedalling, or if the motor is not cut off
automatically when the vehicle reaches 25km/h. However, if it is
within the scope of the EAPC Regulations (see above), it still does
not require registration, licensing or insurance.

Other legislation
EAPCs may also need to comply with the Electrical Equipment designed
for use within certain Voltage Limits Directive 73/23/EEC (as amended)
(commonly known as the Low Voltage Directive) and the Electromagnetic
Compatibility Directive 89/336/EEC (as amended). Confirmation should
be sought via the Department of Business Enterprise and Regulatory
Reform (Local Authorities Coordinators of Regulatory Services - LACORS
i.e. Trading Standards).

Access to the Regulations and Directives
(a) The Electrically Assisted Pedal Cycles Regulations 1983 –
Statutory Instrument (SI 1983 No.1168), The Pedal Cycles (Construction
and Use) Regulations 1983 - Statutory Instrument (SI 1983 No. 1176),
The Road Vehicles (Registration and Licensing) Regulations 2002 -
Statutory Instrument 2002 No.2742 and their amendments are available
from The Stationery Office (see below).

(b) Directive 2002/24/EC of the European Parliament and of the
Council of 18 March 2002 relating to the type-approval of two or three-
wheel motor vehicles is also available from The Stationery Office and
is published on the EUR-Lex European Legislation website:
http://eur-lex.europa.eu/Result.do?T1=V1&T2=2002&T3=24&RechType=RECH_consolidated&Submit=Search
[external link]

The address of the Stationery Office is: TSO Orders/ Post Cash Dept,
PO Box 29, Norwich, NR3 1GN - telephone: 0870 600 5522, Virtual
Bookstore: www.tso.co.uk [external link].

Further Information
If you require any further information regarding the Regulations
covered by this fact sheet, please contact the DfT at the address
below:

Transport Technology and Standards 3
Department for Transport
Zone 2/04
Great Minster House
76 Marsham Street
London SW1P 4DR

Email:
Telephone: 020 7944 2078
Fax: 020 7944 2196

Information for retailers, importers and manufacturers is available in
a separate fact sheet.

Statement
This fact sheet provides our view of the current situation but should
not be taken as definitive legal advice as this is a matter for the
courts.

Footnotes
[1] The Electrically Assisted Pedal Cycles Regulations 1983 SI 1983/1
168.
[2] The Pedal Cycles (Construction and Use) Regulations SI 1983/1176.

http://webarchive.nationalarchives.gov.uk/+/http://www.dft.gov.uk/pgr/roadsafety/drs/cyclingandmotorcycling/electricassistedpedalcycles

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