Bicycle Association Technical Note EAPC type approval 11 th May 2016 Author: Peter Eland, BA Technical Manager

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1 Bicycle Association Technical Note EAPC type approval 11 th May 2016 Author: Peter Eland, BA Technical Manager Background The Bicycle Association (BA) has been asked to clarify some issues regarding Twist and go throttles and type approval: Question 1: Is type approval required now (since Jan 2016) for selling Twist and go electric bicycles, or only from January 2018? Question 2: Will there be a new T&G test in 2018 for type approval of throttle-controlled electric bicycles? Question 3: What about speed pedelecs and >250W cargo bikes? Question 4: What is the BA s role in all of this? This note seeks to clarify the current UK legal situation as the BA understands it, so that all in the industry, and technically minded customers, understand the situation clearly, and so that all suppliers are operating on a level playing field. The Department of Transport have also issued guidance on this matter, and their most recent draft of this guidance (February 2016) is available here: Terminology The BA, and the Motorcycles Industries Association (MCIA), have agreed to use the following terms for the different types of electric vehicle in our communications. Using this terminology should go a long way to help customers and dealers understand what an electric bicycle is, and what their legal obligation is when their e-bike is actually a moped or motorcycle. E-bikes - a generic term referring to all electric powered 2 wheelers Electric bicycles - referring to e-bikes of 250W and below Electric mopeds - referring to e-bikes over 250W and up to 4kW Electric motorcycles - referring to e-bikes producing 4kW or more This Technical Note follows these conventions.

2 Question 1 Is type approval required now (since Jan 2016) for Twist and go electric bicycles, or is it required only from January 2018? Background The vast majority of e-bikes supplied in the UK (and in mainland Europe) have a motor assist system which can only operate while the rider is pedalling. Provided they satisfy certain requirements, such as a 250W maximum continuous-rated motor and 25 km/h max. assistance speed, these are treated legally almost exactly like normal, non-motor-assisted bicycles in use (a rider minimum age of 14 is the most significant exception). The DfT refer to these bicycles as Electrically Assisted Pedal Cycles (EAPCs). But some customers, especially some disabled riders, prefer a Twist and go throttle, which is a control which can operate the motor up to the bicycle s full maximum motor speed without any need for the rider to pedal. Provision was made in UK law for electric bicycles fitted with such Twist and go throttles also to be treated as normal bikes in use, provided they meet all of the other EAPC requirements. Since new EU-wide regulations on vehicle classification came into force in January 2016 (EU Regulation 168/2013), however, new Twist and go EAPCs (T&G EAPCs) can be sold legally only with type approval. Now or 2018? It has been argued that it is legal to sell new electric bicycles with Twist and go throttles until the 1 st January 2018, without type approval, quoting as justification paragraph 3.2 of the draft guidance issued by the DfT in January 2016, available here: This is incorrect. Type approval is required now for the legal sale of new electric bicycles fitted with a Twist and go throttle. The guidance from the Department of Transport (DfT) clearly confirms this in Section 1 of that document New requirement from 1 January 2016 Type Approval for twist and go EAPC. The only exceptions to this requirement are Electric bicycles with T&G only as a low speed start-up assist function, which lets the motor push up to 6 km/h without the rider pedalling. Motor assist above that speed does require the rider to be pedalling. Existing stock i.e. electric bicycles equipped with a Twist and go throttle which had been imported before the new regulations came into force on the 1 st Jan The DfT confirm in their Feb 2016 draft guidance that these bicycles may be sold without type approval until stocks are exhausted.

3 But what about that requirements after 2018 clause? The section which has been used to suggest that there is no need for T&G type approval until 2018 is para (3.2) from the Jan 2016 guidance (see link above). This is titled: 3.2 Requirements of European type approval for vehicles sold after 1 Jan 2018 This relates to the additional requirements which come into force for European type approval on the 1st Jan 2018, as a result of EU Regulation 168/2013 and its implementing regulations, for the L1e-A class of vehicle. These requirements are being introduced in stages, via the Delegated implementing regulations of EU Regulation 168/2013, and some aspects are still being finalised (the definitive versions are expected to be published later this year). Currently the only requirement in force is auto headlights on, as the DfT guidance confirms, but many more requirements will come into force in However, this has no bearing on the need for type approval for selling new Twist and go EAPCs before that date! There are several possible routes to type approval for these Twist and go electric bicycles, as set out in UK Statutory Instrument The two main options are: The Motorcycle Single Vehicle Approval (MSVA) European Whole Vehicle Type Approval (ECWVTA) European whole vehicle type approval is impractically expensive to obtain for most cycle suppliers (it is intended for larger-scale motorbike and car industries, with sufficient control of their supply chains to be able to document conformity of production ), but if it were sought, any in-force requirements from 168/2013 and associated regulations would need to be satisfied. But for most electric bicycle suppliers, the realistic current route to type approval is the MSVA test, which does not yet include those requirements. And so long as a Twist and go electric bicycle passes the MSVA (currently, by satisfying the MSVA test requirements for a low powered moped ) it is regarded as type approved for the UK, despite the fact that the current MSVA is not yet aligned with the EU requirements, or the vehicle classes, set out via EU Regulation 168/2013. So the reference to additional requirements that apply in 2018 for ECWVTA is not relevant to the need for type approval. It just means that gaining type approval through ECWVTA will become harder after that date. But even that is largely irrelevant, as for most suppliers the MSVA test is currently a far more practical option. But the MSVA will also soon be revised see Question 2 below. Summary Type approval is required now (and has been since 1 st Jan 2016) to sell any new Twist and Go electric bike (low speed start assist is permitted,

4 though, and existing stock imported pre-2016 is exempted). MSVA is the most practical route to this, currently. The argument that type approval is only needed from 2018 is incorrect. Question 2 Will there be a new T&G EAPC test in 2018 which will make it easier for throttle electric bicycles to be type approved? The short answer is no but there should be a revised MSVA. The MSVA is due to be revised/replaced to fall into line with the EU rules deriving from Regulation 168/2013. We are told that the DfT are prioritising updating the UK s type approval regulations for larger vehicles (cars etc.) to bring them in line with 168/2013, and also the related matter of tightening up emissions regulations following the diesel emissions scandal. But once these are in place, the MSVA test is in line to be revised, likely sometime in 2017 (and all of the Delegated Implementing Regulations of 168/2013 should also have been finalised by then). The outcome should be a test which reflects the 168/2013 categories and its requirements; most electric bicycles will fall into L1e-A (powered cycles), which covers cycles with motors rated up to 1 kw, but still with a 25 km/h max assist speed. This revised MSVA will also have to take account of the additional requirements that come in for the L1e-A class on 1st Jan For some of them (e.g. vehicle structural integrity ) it is likely that reference can simply be made to existing cycle standards, perhaps with higher loadings for fatigue testing in certain areas. Cycles under 35 kg are also exempted from some requirements. Once the Delegated Regulations are finalised, and the DfT turn their attention to the MSVA, we hope for more clarity (and discussion) about how exactly it will all be implemented into UK law. The DfT have indicated that they are keen to find a way to make T&G EAPC type approval possible and practical, within their legal constraints, in line with their previous commitments, although how exactly this will be achieved is far from clear at this stage. The BA will assist with this however possible. Question 3 What about speed pedelecs (electric mopeds which assist to 45 km/h) and >250W, 25 km/h electric cargo bikes? The current situation is that these two types of vehicles are both legally electric mopeds in the UK, as they don t fall into the EAPC exemption from laws relating to motorised vehicles. So this means (amongst many other

5 things) that the rider must use an approved motorcycle helmet. These are generally agreed as being too heavy and hot to be practical for cycling use. Mopeds are also not allowed to use cycle paths and need to be registered (which requires type approval), taxed, insured and the rider must have an appropriate licence. As we understand it the DfT has no plans to change road traffic law to exempt speed pedelecs or any higher powered e-bikes from any of these requirements, although they are aware of latent demand for these classes of vehicle. As regards type approval, both types can currently use the existing MSVA test, which is due for revision as mentioned above. With this in mind, the BA believes that suppliers should not promote any such non-eapc machines without appropriate moped class type approval and registration, and customers should be made fully aware of the legal implications of their use. The BA also suggests that for clarity, any marketing of non-eapc machines (i.e. exceeding 250W and/or 25 km/h) should refer to such vehicles as electric mopeds rather than electric bicycles to ensure that the distinction is crystal clear to consumers. Question 4 What is the BA s role in all of this? The Bicycle Association, as the UK trade body representing cycle suppliers, manufacturers and associated companies, is keen to foster the growth of electric bikes in the UK, as electric bikes are clearly a hugely significant development for the future of the cycle trade, and highly important to many of our members. We work closely with Government agencies and officials, particularly the Department for Transport, to ensure that standards and regulations are proportionate, appropriate, good for cycling and cyclists, the cycle industry and our members. We are not, however, a public facing organisation, so can only handle queries from members. Where there is a need to dispel confusion to level the playing field, as with Question 1 above, we are happy to issue technical guidance member companies are invited to draw any future issues to our attention.