The Electrically Assisted Pedal Cycles (Amendment) Regulations 2015

Statutory Instruments

2015 No. 24

Road Traffic

The Electrically Assisted Pedal Cycles (Amendment) Regulations 2015

Approved by both Houses of Parliament

Made

12th January 2015

Laid before Parliament

16th January 2015

Coming into force

6th April 2015

The Secretary of State makes the following Regulations in exercise of the powers conferred by section 140(1)(c) of the Road Traffic Regulation Act 1984(1) and section 189(1)(c) of the Road Traffic Act 1988(2).

In accordance with section 134(2) of the Road Traffic Regulation Act 1984 and with section 195(2) of the Road Traffic Act 1988 the Secretary of State has consulted with representative organisations.

Citation and commencement

1.  These Regulations may be cited as the Electrically Assisted Pedal Cycles (Amendment) Regulations 2015 and come into force on 6th April 2015.

Amendment of the Electrically Assisted Pedal Cycles Regulations 1983

2.—(1) The Electrically Assisted Pedal Cycles Regulations 1983(3) are amended as follows.

(2) Regulation 2 is omitted.

(3) In regulation 3—

(a) for “section 103 of the Road Traffic Regulation Act 1967 and section 193 of the Road Traffic Act 1972”, substitute “section 140 of the Road Traffic Regulation Act 1984 and section 189 of the Road Traffic Act 1988”; and

(b) for “bicycles and tricycles”, substitute “pedal cycles with two or more wheels”.

(4) In regulation 4—

(a) paragraph (a) is omitted; and

(b) in paragraph (c)—

(i) for sub-paragraph (i), substitute—

“(i) has a maximum continuous rated power which does not exceed 250 watts;”; and

(ii) in sub-paragraph (ii), for “15”, substitute “15.5”.

(5) After regulation 4 add—

“5.— (1) For the purposes of regulation 4(c)(i), “maximum continuous rated power” has the same meaning as in Regulation (EU) No 168/2013(4) of the European Parliament and of the Council of 15th January 2013 on the approval and market surveillance of two- or three-wheel vehicles and quadricycles(5).

(2) Notwithstanding paragraph (1), maximum continuous rated power may be determined in accordance with—

(a) any relevant standard or code of practice of a national standards body or equivalent body of any EEA State or the Republic of Turkey,

(b) any relevant international standard recognised for use in any EEA State or the Republic of Turkey, or

(c) any relevant technical regulation with mandatory or de facto mandatory application for marketing or use in any EEA State or in the Republic of Turkey,

in so far as the standard, code of practice or technical regulation in question enables maximum continuous rated power to be determined in a manner equivalent to that prescribed by Regulation (EU) No 168/2013.”.

Signed by authority of the Secretary of State for Transport

Claire Perry

Parliamentary Under Secretary of State

Department for Transport

12th January 2015

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Electrically Assisted Pedal Cycles Regulations 1983 which prescribe the class of electrically assisted pedal cycles treated as not being a motor vehicle within the meaning of the Road Traffic Regulation Act 1984 and the Road Traffic Act 1988.

The amendments made by these Regulations change the prescribed class of electrically assisted pedal cycles in order to:

• permit such vehicles to have more than three wheels;

• remove any weight limits applicable to such vehicles;

• update the reference to the maximum “continuous rated output” to refer to “maximum continuous rated power” with the same meaning as in Regulation (EU) No 168/2013 (OJ No. L60, 2.3.2013, p.52) and enable “maximum continuous rated power” to be determined in a manner equivalent to that prescribed in the Regulation; and

• increase the maximum permitted power of the electric motor in electrically assisted bicycles.

An impact assessment of the effect that this instrument will have on the costs of business and the voluntary sector is available from the International Vehicle Standards Division of the Department for Transport, Great Minster House, 33 Horseferry Road, London SW1P 4DR and is annexed to the Explanatory Memorandum which is available alongside the instrument at www.legislation.gov.uk. A copy of the impact assessment has been placed in the library of each House of Parliament.

These Regulations were notified in draft to the European Commission in accordance with Directive 98/34/EC (OJ No L204 21.7.1998, p.37) as amended by Directive 98/48/EC (OJ No L217 5.8.1998, p.18).

(1)

1984 c.27.

(2)

1988 c.52.

(3)

S.I. 1983/1168.

(4)

OJ No. L60, 2.3.2013, p.52.

(5)

Regulation (EU) No 168/2013 defines “maximum continuous rated power” as the maximum thirty minutes power at the output shaft of an electric engine as set out in United Nations Economic Commission for Europe (UNECE) regulation No 85.