Pedal Cycles (Amendment) (Jersey) Order 2011

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A decision made 6 May 2011:

Decision Reference: MD-T-2011-0048

Decision Summary Title :

Pedal Cycles (Amendment) (Jersey) Order 2011~~’’’~~

Date of Decision Summary:

26 April 2011

Decision Summary Author:

Head of DVS &

Inspector of Motor Traffic

Decision Summary:

Public or Exempt?

(State clauses from Code of Practice booklet)

Public

Type of Report:

Oral or Written?

Written

Person Giving

Oral Report:

N/A

Written Report

Title :

Pedal Cycles (Amendment) (Jersey) Order 2011

Electrically Assisted Pedal Cycles

Date of Written Report:

26 April 2011

Written Report Author:

Head of DVS &

Inspector of Motor Traffic

Written Report :

Public or Exempt?

(State clauses from Code of Practice booklet)

Public

Subject: Pedal Cycles (Amendment) (Jersey) Order 2011

Decision(s): The Minister made the Pedal Cycles (Amendment) (Jersey) Order 2011 which will amend certain matters relating to electrically assisted pedal cycles to align with the recently introduced European Standard for electrically assisted pedal cycles with effect from 01 June 2011.

Reason(s) for Decision: To align the requirements for electrically assisted pedal cycles more closely with other jurisdictions in Europe so that Jersey residents might use such cycles and support sustainable transport.

Resource Implications: Advertising Order covered in DVS revenue budget (approximately £100).

Action required: To notify the Greffier of the States and the Law Draftsman that the Order has been made and forward the signed and sealed Order to the Publications Editor, States Greffe, for notification to the States.

Signature:

Position:

Date Signed:

Date of Decision (If different from Date Signed):

Pedal Cycles (Amendment) (Jersey) Order 2011

TRANSPORT AND TECHNICAL SERVICES

PEDAL CYCLES (AMENDMENT) (JERSEY) ORDER 2011

ELECTRICALLY ASSISTED PEDAL CYCLES

Purpose of the Report

To consider the Pedal Cycles (Amendment) (Jersey) Order 2011 which will amend certain matters relating to electrically assisted pedal cycles to align with the recently introduced European Standard for electrically assisted pedal cycles.

Background

The specification of Electrically Assisted Pedal Cycles (EAPCs) for use in Jersey is currently regulated by the Pedal Cycles (Jersey) Order 1998. Among other things, the Order sets out the requirements which certain bicycles, tandem bicycles and tricycles must meet in order to be legally treated as EAPCs.

In July 2010, the Assistant Minister approved changes to be incorporated into the Order under MD-T-2010-0075 and asked the Head of Driver and Vehicle Standards to prepare drafting instructions to amend the Order accordingly.

An amendment to the Order has been drafted for the Minister to sign and seal.

Discussion

The Assistant Law Draftsman has produced the Pedal Cycles (Amendment) (Jersey) Order 2011 which prescribes an electrically assisted pedal cycle can have an electric motor with a maximum power output of 0.25 kilowatts and power assistance is only available when the rider is pedalling. Subject to the Order being amended, EAPCs permitted in Jersey should now be in accordance with the European Standard and those EAPCs specifically excluded from the scope of the European framework Directive on the type approval of Motorcycles. Changes to indicate the relevant British Standards have also been incorporated in the amendment.

Any EAPC which complies with the Order, as amended, will not be considered as a motor vehicle and, as a result, is not required to be registered or insured as a motor vehicle and riders are not required to hold a driving licence. Those riding EAPCs must be over 14 years old.

Any cycle that does not comply with the prescribed requirements, for example, any cycle fitted with a petrol driven motor, an electric motor with a higher rating or even fitted with an electric motor meeting the rating but the cycle cannot be pedalled, is considered to be a motor vehicle and would need to be registered and insured, the driver would have to have a suitable driving licence and wear a crash helmet.

Legislation cannot be retrospective so the date when this amendment would take effect is stated as 01 June 2011. There are known to be some cycles already being used in the Island that are “twist and go”. They have pedals but the rider doesn’t need to pedal, merely pushing a button or turning a grip to propel the cycle forward. Provided these cycles meet all the requirements of the current Order, the legislation considers them as EAPCs. There will be a few vehicles, however, including the “Gocycle” which does not comply with the current Order and will not comply with the amended Order. If anyone wishes to use one of these vehicles on roads in Jersey, it should be registered as a moped and the rider licenced and insured accordingly.

Recommendation

The Minister is recommended to make the Pedal Cycles (Amendment) (Jersey) Order 2011 which will amend certain matters relating to electrically assisted pedal cycles to align with the recently introduced European Standard for electrically assisted pedal cycles with effect from 01 June 2011.

Reason(s) for Decision

To align the requirements for electrically assisted pedal cycles more closely with other jurisdictions in Europe so that Jersey residents might use such cycles and support sustainable transport.

Action Required

To notify the Greffier of the States and the Law Draftsman that the Order has been made and forward the signed and sealed Order to the Publications Editor, States Greffe for notification to the States.

Written by:	Head of Driver and Vehicle Standards

Approved by:	Acting Director of Transport

Attachment:	Pedal Cycles (Amendment) (Jersey) Order 2011