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The Electrically Assisted Pedal Cycles (Construction and Use) Regulations (Northern Ireland) 2020

S.R. 2020/31 · Made 12 March 2020

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

Road Traffic And Vehicles

Made 12th March 2020

Affirmed by resolution of the Assembly on 12th May 2020

Coming into operation in accordance with regulation 1

The Department for Infrastructuref1 makes the following Regulations in exercise of the powers conferred by Articles 6(1), 88(1), (2) and (3) and 110(2) of the Road Traffic (Northern Ireland) Order 1995f2 and now vested in itf3.

Annotations to the whole text

Footnotes

f1

Formerly the Department for Regional Development; see section 1(6) and (11) of, and Schedule 1 to, the Departments Act (Northern Ireland) 2016 (2016 c. 5 (N.I.)). Pursuant to section 1(9) of that Act, the Department of the Environment was dissolved

f2

1995/2994 (N.I. 18); Article 6(1) was amended by Article 97(1) of, and paragraph 27 of Schedule 3 to, S.I. 1996/1320 (N.I. 10)

f3

See Article 8(1)(b) of, and Part 2 of Schedule 5 to, the Departments (Transfer of Functions) Order (Northern Ireland) 2016 (S.R. 2016 No. 76)

Contents

  1. 1Citation and commencement
  2. 2Interpretation
  3. 3Electrically assisted pedal cycle
  4. 4General requirements
  5. 5Braking systems
  6. 6Lighting requirements
  7. 7Condition of parts
  8. 8Test and inspection
  9. 9Requirement as to sale or supply
  10. Signature
  11. Explanatory note

1Citation and commencement

These Regulations may be cited as the Electrically Assisted Pedal Cycles (Construction and Use) Regulations (Northern Ireland) 2020 and shall come into operation on the day after the day on which they are affirmed by resolution of the Assembly.

2Interpretation

(1)

In these Regulations—

  • “the 1995 Order” means the Road Traffic (Northern Ireland) Order 1995;

  • “Council Directive 93/14” means Council Directive 93/14/EEC of 5th April 1993 on the braking of two or three wheel motor vehiclesf1;

  • “EEA State” means a State which is a contracting party to the Agreement on the European Economic Area signed at Oporto on 2nd May 1992 as adjusted by the Protocol signed at Brussels on 17th March 1993;

  • “electrically assisted pedal cycle” means a vehicle prescribed for the purposes of Article 6(1) of the 1995 Order in accordance with regulation 3;

  • “manufacturer” means, in the case of a vehicle which has been altered so as to become an electrically assisted pedal cycle, the person who made that alteration;

  • “Regulation (EU) No 168/2013” means Regulation (EU) No 168/2013 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 quadricyclesf2 as supplemented by Commission Delegated Regulation (EU) No 3/2014 of 24th October 2013f3;

  • “the 1971 British Standard” means the specification for motors for battery operated vehicles published by the British Standards Institution under the reference 1727: 1971f4 as amended by Amendment Slip No.1 published on 31st January 1973, Amendment Slip No.2 published on 31st July 1974 and Amendment Slip No.3 published on 31st March 1978; and

  • “the 2015 BS EN Standard” means the specification for safety requirements for city and trekking, young adult, mountain and racing bicycles published by the British Standards Institution under the reference BS EN ISO 4210-2:2015f5.

(2)

Any requirement in these Regulations for an electrically assisted pedal cycle to comply with a specified standard shall be satisfied by compliance 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 the Republic of Turkey,

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

3Electrically assisted pedal cycle

(1)

The class of electrically assisted pedal cycles prescribed for the purposes of Article 6(1) of the 1995 Order (certain vehicles not to be treated as motor vehicles) consists of vehicles with two or more wheels which comply with the requirements specified in paragraph (2).

(2)

The requirements referred to in paragraph (1) are that the vehicle shall—

(a)

be fitted with pedals by means of which it is capable of being propelled; and

(b)

be fitted with no motor other than an electric motor which—

(i)

has a maximum continuous rated power which does not exceed 250 watts; and

(ii)

cannot propel the vehicle when it is travelling at more than 15.5 miles per hour.

(3)

In this regulation and in regulation 4 “maximum continuous rated power” has the same meaning as in Regulation (EU) No 168/2013.

(4)

Notwithstanding paragraph (3), 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.

4General requirements

No person shall ride, or cause or permit to be ridden, on a road an electrically assisted pedal cycle unless—

(a)

it is—

(i)

fitted with a plate securely fixed in a conspicuous and readily accessible position showing—

(aa)

the name of the manufacturer;

(bb)

the nominal voltage of the battery as defined in the 1971 British Standard; and

(cc)

the continuous rated output of the motor as defined in the 1971 British Standard; or

(ii)

visibly and durably marked with—

(aa)

the name of the manufacturer;

(bb)

the maximum speed at which the motor can propel the vehicle specified in miles per hour or kilometres per hour; and

(cc)

the maximum continuous rated power of the motor specified in watts or kilowatts;

(b)

fitted with a battery which does not leak so as to be a source of danger; and

(c)

fitted with a device biased to the off position which allows power to come from the motor only when the device is operated so as to achieve that result.

5Braking systems

(1)

No person shall ride, or cause or permit to be ridden, on a road an electrically assisted pedal cycle unless it is fitted with braking systems which are so designed and constructed that—

(a)

where it is a cycle to which Regulation (EU) No 168/2013 is applied by Article 2 of that Regulation, it complies with standards no less than those contained in the relevant type approval requirements; or

(b)

where it is a cycle to which Regulation (EU) No 168/2013 is not applied by Article 2 of that Regulation—

(i)

in the case of a cycle which is not a bicycle, it complies with standards no less than the standards for braking systems fitted to a bicycle which complies with paragraph 4.6.8 of the 2015 BS EN Standard; or

(ii)

in the case of a cycle which is a bicycle, it complies with the standards for braking systems specified in paragraph 4.6.8 of the 2015 BS EN Standard.

(2)

In this regulation “relevant type approval requirements” means, where—

(a)

a type approval is granted by the Secretary of State under the Motor Cycles (EC Type Approval) Regulations 1995f1, the construction and fitting requirements set out in the Annex to Council Directive 93/14;

(b)

a type approval is granted by the Secretary of State under the Motor Cycles Etc. (EC Type Approval) Regulations 1999f2, the construction and fitting requirements set out in the Annex to Council Directive 93/14 at the time the approval was granted;

(c)

an approval certificate is granted by the Department under Article 31A(4) of the Road Traffic (Northern Ireland) Order 1981f3 (approval of design, construction, etc., of motor vehicles), the approval requirements for brakes applicable under regulation 4 of the Motor Cycles Etc. (Single Vehicle Approval) Regulations (Northern Ireland) 2004f4 (approval requirements);

(d)

an approval certificate is granted by the Secretary of State under section 58 of the Road Traffic Act 1988f5 (Minister’s approval certificate), the approval requirements for brakes applicable under regulation 4 of the Motor Cycles Etc. (Single Vehicle Approval) Regulations 2003f6 (approval requirements); or

(e)

a type approval is granted by the Secretary of State under Regulation (EU) No 168/2013, the requirements applying to braking, including anti-lock and combined braking systems set out in Annex III to Commission Delegated Regulation (EU) No 3/2014 of 24th October 2013 supplementing Regulation (EU) No 168/2013 with regard to vehicle functional safety requirements for the approval of two or three wheel vehicles and quadricyclesf7.

6Lighting requirements

No person shall ride, or cause or permit to be ridden, on a road an electrically assisted pedal cycle unless it complies with the lighting requirements for cycles specified in the Road Vehicles Lighting Regulations (Northern Ireland) 2000f1.

7Condition of parts

No person shall ride, or cause or permit to be ridden, on a road an electrically assisted pedal cycle unless the parts of the cycle mentioned in regulations 3(2), (4)(b) and (c) and 5 are in efficient working order.

8Test and inspection

Any constable in uniform is authorised to test and inspect an electrically assisted pedal cycle for the purposes of ascertaining whether any of the requirements specified in regulations 5 and 6 are satisfied provided they do so either—

(a)

where the electrically assisted pedal cycle has been involved in an accident—

(i)

on any premises where the cycle is being kept;

(ii)

with the consent of the owner of the premises; and

(iii)

within 48 hours of the accident; or

(b)

on a road.

9Requirement as to sale or supply

No person shall sell or supply, or offer to sell or supply for delivery an electrically assisted pedal cycle unless it is equipped with braking systems as specified in regulation 5.

Signature

Sealed with the Official Seal of the Department for Infrastructure on 12th March 2020

L.S.

Chris Hughes

A senior officer of the

Department for Infrastructure

Explanatory note

(This note is not part of the Regulations)

These Regulations prescribe the class of electrically assisted pedal cycles (EAPCs) to be treated as not being motor vehicles within the meaning of the Road Traffic (Northern Ireland) Order 1995.

They specify the requirements for EAPCs in relation to braking systems, power output and vehicle markings and outline the EU and British Standard specifications that EAPCs must comply with in relation to construction and use. The Regulations further specify the requirement to comply with the Road Vehicles Lighting Regulations (Northern Ireland) 2000.

In addition, the Regulations make provision for the testing and inspection of EAPCs by a constable in uniform and prohibit the sale or supply of such cycles unless they are equipped with brakes as specified in these Regulations.

These Regulations have been notified to the European Commission pursuant to Directive (EU) 2015/1535 of the European Parliament and of the Council of 9 September 2015 (O.J. L241, 17.9.2015, p1-15) laying down a procedure for the provision of information in the field of technical standards and regulations, and of rules on Information Society services.

A Regulatory Impact Assessment and Explanatory Memorandum have been produced and are available from Safe and Accessible Travel Division, Department for Infrastructure, Clarence Court, 10-18 Adelaide Street, Town Parks, Belfast BT2 8GB or online alongside this Statutory Rule athttp://www.legislation.gov.uk/nisr