EAPC Legal
information
Electric bikes, 2016 UK legal
requirements (gov.uk).
EAPCs in the UK (excluding Northern Ireland) are limited to a maximum
assisted speed of 15.6 mph (25
km/h), a maximum motor power of 250 W, and must have pedals that can be
used for propulsion. The bike can go faster than 25 km/h, but
only under power provided by the rider. Failure to comply
with these rules causes the bike to be classified as a motorcycle;
which requires registration, an MOT certificate, tax, insurance, an
approved helmet and a
driving
license. Non compliance is therefore a serious offence and
can lead to a heavy fine and a general driving ban. In the
event that some idiot knocks you off your bike, it might also
compromise your ability to claim compensation.
Twist & Go -
self-conversion type-approval exemption.
The DfT rules state that an EAPC with a Twist & Go
facility, i.e., having a motorcycle-style throttle control
providing the ability to move under electrical power at speeds up to
15.6
mph without pedaling, requires type approval. The reason for
the requirement is that the motor does not necessarily cut off when the
rider stops pedaling. This seems to cause a problem for
people who want to convert existing bikes, but the link below, to an
article by HelenJ on the Pedelecs website, relates
to a clarification. The DfT recognises that Twist &
Go is an important improvement for people with limited physical
abilities, and the Type Approval requirement is strictly directed at
manufacturers. If an existing bike that has already been used
as a pedal cycle on public roads is converted for electrical assist,
the fitting of a
Twist & Go control does not constitute an offence.
Twist
& Go - self conversion type approval exemption
The clarification described in the article was issued by the DfT in Jun
2016. It has, nevertheless, remained a source of controversy in some
quarters.
www.pedelecs.co.uk/forum/threads/full-throttle-ebike-legal-again.34419/page-4
This prompted one correspondant, who wishes to remain anonymous, to
write to the DfT again on 14
th Now 2019 and
request a clarification on
what amounts
to exactly the same point. The verbatim question posed in this case was:
"There is much discussion on the
various E Bike forums regarding the fitment of Twist and go throttles.
It seems fairly clear that from 2016 these are not allowed on new road
legal bikes (unless they’ve been individually tested and
approved). E Bikes manufactured before 2016 that are fitted with full
speed throttles appear to remain legal?
There seems to be a grey area regarding
legal conversion kits, which
come with full speed throttles (of which there doesn’t seem
to be a mention ). It’s generally bandied about,
that if a road legal conversion is done by a private individual on a
bicycle that was made and used before 2016, that a throttle may be
fitted as long as the bike is pedal assisted as well, with a cut off at
25 kph. It
would be great if possible to have a definitive answer to this
question, any information that you could provide would be most
appreciated."
The response from the DfT was:
"Vehicles which are powered by electric
motors are considered as motor vehicles under Great Britain
legislation. The Electrically Assisted Pedal Cycle Regulations 1983
(EAPC Regulations) introduced a new definition that allows certain
types of electrically assisted cycles to fall outside the general legal
scope of a motor vehicle and therefore not be subject to the same range
of regulatory requirements. The EAPC Regulations were amended
in 2015; both regulations can be found at the following links:
http://www.legislation.gov.uk/uksi/1983/1168/contents/made
http://www.legislation.gov.uk/uksi/2015/24/pdfs/uksi_20150024_en.pdf
These regulations, as amended, define an
Electrically Assisted Pedal Cycle (EAPC) as a vehicle having pedals by
means of which it is capable of being propelled, fitted with an
electric motor that has a maximum power which does not exceed 250 watts
and which cannot propel the vehicle at more than 15.5 mph.
Machines that can travel under their own power (eg with a throttle) are
included in the EAPC definition provided that they are capable of being
propelled by the use of their pedals and conform to the other
requirements listed in those regulations.
From 2016, a new EAPC, with for example a
"Twist and Go" type throttle, that provides power when the rider is not
pedalling, was required to be type-approved by the manufacturer before
being placed on the market as an EAPC. This EU regulation had no effect
on any bike that was already built and in use on the road, it only
affects the manufacturing of brand new bikes.
In our understanding it is
legal to take a
pre-2016, "used" bike and modify it, by adding a throttle to provide
power without simultaneous pedalling above 6 km/h, as long as it
remains in compliance with the key requirements of an EAPC: pedals by
which the cycle can be propelled, maximum power 250W, and power cuts
off automatically at 25 km/h (15.5 mph). In fact, it is permissible for
private individuals to modify a newer bike that has already been in use
for a period as well, on condition that this is a one-off, as by
definition an individual and unique vehicle produced by a
non-professional is not subject to type approval.
Please note that this email contains the
views of the Department for Transport and that insofar as this letter
provides an interpretation of the law, it is only a court of law that
is able to give a legally definitive interpretation."
The important point here is that,
by
definition,
a one-off vehicle, classified as a pedal cycle and
produced by a non-professional, is not subject to Type Approval. Note
however, that the exemption only applies to pedal bikes having a
maximum motor output of 250 W. For higher powered vehicles, and
electric motorcycles in general, UK regulations require Government
Single
Vehicle Approval (SVA).
The
Highway Code (UK).
Rules for cyclists.
Sections 59 - 82.
Some of the rules are legal requirements (e.g., you
MUST have efficient
brakes and use lights at night, you
MUST
obey all traffic signs), but many are advisory (e.g., you
should
wear a
type-approved helmet, etc.).
It is however unlikely that you will win a legal dispute if you have
not followed the advice given (see also:
Darwin Awards).
Future legal changes
There are pressures within the EC to require e-bike users to have
mandatory 3
rd
party (public liability) insurance. There will no doubt be much
wrangling over this issue
in the months and years to come; but to the author's mind this is not
an entirely bad idea provided that the costs to the rider reflect the
actual risks. UK rules might also diverge from EC rules at some point
in the
future.
At time of writing (July 2019), public
liability up to £10
6
+ theft insurance for a low-risk region costs about £10 pcm
for
an e-bike valued at £1250. Inner-city dwellers will no-doubt
have
to pay more. Theft insurance requires the use of an approved lock.