Regulation 5 Braking 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 1995^f1, 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 1999^f2, 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 1981^f3 (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) 2004^f4 (approval requirements);

(d)

an approval certificate is granted by the Secretary of State under section 58 of the Road Traffic Act 1988^f5 (Minister’s approval certificate), the approval requirements for brakes applicable under regulation 4 of the Motor Cycles Etc. (Single Vehicle Approval) Regulations 2003^f6 (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 24^th 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 quadricycles^f7.

Annotations

Footnotes

f1: S.I. 1995/1513; revoked but type approvals granted under them may exist
f2: S.I. 1999/2920; revoked but type approvals granted under them may exist
f3: 1981 No. 154 (N.I. 1); section 31A was inserted by Article 3 of S.I. 1985/755 (N.I. 6)
f4: S.R. 2004 No. 484; See item 25 of Schedule 2
f5: 1988 c. 52
f6: S.I. 2003/1959; See item 25 of Schedule 2
f7: O.J. No. L7, 10.1.2014, p1