Pedal Cycles (Amendment) (Jersey) Order 201-: Proposed Amendment

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A decision made 29 June 2015:

Decision Reference: MD-T-2015-0045
Decision Summary Title :	Amendment to Pedal Cycles (Amendment) (Jersey) Order 2011		Date of Decision Summary:	18 June 2015
Decision Summary Author:	Senior Traffic Officer		Decision Summary: Public or Exempt?	Public
Type of Report: Oral or Written?	Written		Person Giving Oral Report:	N/A
Written Report Title :	Amendment to Pedal Cycles (Amendment) (Jersey) Order 2011		Date of Written Report:	18 June 2015
Written Report Author:	Senior Traffic Officer		Written Report : Public or Exempt?	Public
Subject: Amendments to Pedal Cycles (Amendment) (Jersey) Order 2011
Decision(s): The Minister approved the proposed changes to the Pedal Cycles (Amendment) (Jersey) Order 2011 to change in Article 2 Paragraph 2(b) the words “being pedalled” to the word “travelling” and to remove Paragraph (c) in its entirety.
Reason(s) for Decision: To simplify enforcement of the law and to avoid public confusion by making Jersey legislation consistent with the UK whilst awaiting new UK and EU legislation before again revisiting the Order.
Resource Implications: None
Action required: Senior Traffic Officer to send instructions to the Law Draftsman for drafting an amendment for subsequent submission to the Minister for signing.
Signature:		Position: Minister for Transport and Technical Services
Date Signed:		Date of Decision (If different from Date Signed):

Pedal Cycles (Amendment) (Jersey) Order 201-: Proposed Amendment

TRANSPORT & TECHNICAL SERVICES

AMENDMENT TO PEDAL CYCLES (AMENDMENT) (JERSEY) ORDER 2011

ELECTRICALLY ASSISTED PEDAL CYCLES

Purpose of the Report

To seek approval from the Minister for Transport and Technical Services to agree changes to Article 2 Paragraphs 2(b) and (c) of the Pedal Cycles (Amendment) (Jersey) Order 2011.

Background

The States Police have recently had cause to stop and check two electrically assisted pedal cycles travelling at 15mph when not being pedalled. The cycles were tested at Driver and Vehicle Standards and were found to be fitted with throttles which were capable of propelling the cycles up to 15mph without the use of the pedals.

Article 2 Paragraph 2(c) of the Pedal Cycles (Amendment) (Jersey) Order 2011 states that an electrically assisted pedal cycle constructed on or after 01 June 2011 must not be capable of being propelled, when it is not being pedalled, at more than 4 miles per hour.

Discussion

Under EU / UK legislation electrically assisted pedal cycles (‘EAPCs’) can be ridden by anyone over the age of 14 years without a licence and do not require insurance or vehicle registration.

In summary, EAPCs must have pedals that can be used to propel the bike, the auxiliary electric motor should not be able to propel the bike when it is travelling more than 15mph nor have a continuous rated power of more than 0.25kw.

Any electrical bike that does not meet the EAPC rules needs to be ‘type approved’ as a motor vehicle. These vehicles will be considered as low performance mopeds, conventional mopeds or motorcycles.

In all EU member States moped classification brings along compulsory wearing of a helmet, insurance, driving licence and age limit, as well as in some cases number plates.

There are two different concepts of EAPC vehicle that are provided for by EU Directives / UK legislation:

Pedelecs – Cycles equipped with an auxiliary electric motor that cannot be propelled exclusively by that motor. Only when the cyclist pedals, does the motor assist.

EBikes (‘Twist & Go’) – Cycles equipped with an auxiliary electric motor that can be used exclusively propelled by that motor. The cyclist is not necessarily required to pedal.

Within both the UK legislation and EU Directives, Pedelecs are considered to be outside the legislation governing wheeled motor vehicles. As a result all the Member States subject to this legislation classify these vehicles as bicycles, and thus do not require type approval. This means you can ride it on cycle paths and anywhere else pedal bikes are allowed.

However, an important discrepancy between current EU Directives and UK legislation occurs in relation to the UK’s unique approach to Twist and Go EBikes.

In the UK "Twist and Go" EBikes are classified as electrically assisted pedal cycles for use on roads provided the vehicle is fitted with pedals that are capable of moving the vehicle and all the other EAPC requirements are met. This means you can ride it in the UK on cycle paths and anywhere else pedal bikes are allowed.

In contrast, the EU Directive classifies all EBikes as low performance mopeds or, depending on motor rating, conventional mopeds, which require type approval. This classification requires the compulsory wearing of a helmet, insurance, driving licence and age limit, as well as in some cases number plates.

Recognising this discrepancy both the UK and the EU are out to consultation with a view to bringing forward new harmonising legislation in 2016.

The UK consultation states that it intends to require mandatory type or individual approval for EBikes, in line with the EU Directive, from January 2016.

The overall objective of EU’s consultation is to achieve technical regulations which are developed specifically for electric bicycles and their type approval, rather than for mopeds and motorcycles. This may include a new category Speed EBikes (S-Class) and Pedelecs, which are already widely sold in the UK and elsewhere such as Holland with the disingenuous caveat ‘not for public road use’. S-Bikes and S-edelecs are considered by some transport pundits as an attractive alternative to the car, for commuters with driving licences, for certain distances when allied with ‘red-tape lite’ road traffic law safety requirements compared to motorcycles.

It can be seen that there is currently confusion within UK and EU legislation. This is within the context of an ongoing consultation and legal / technical review, with a rapidly developing industry at the same time generating new categories of vehicle. A review of the press articles suggests the reality of the situation on the ground in Great Britain reflects the confused mix of UK and EU law, confounding authorities and industry members.

Jersey’s regulations were drafted to be and are entirely consistent with the current EU Directive, anticipating the UK would follow.

At this time cycling and its regulation remains contentious, with the public seemingly divided as to the degree cycling should be promoted or controlled. Should EBikes be legally permitted on the waterfront or railway walk, it would be easy to foresee a situation where the public may find it confusing to understand why a particular type of un-pedalled moped (albeit restricted) is allowed to share their space, particularly if illegal derestricted models find their way to the promenade. Equally, it is easy to imagine the difficulties in adequately policing these areas or differentiating between the different model of vehicle (legal / illegal).

Whilst it is not a clear situation and there is certainly room for a differing view, officers would advise that Jersey awaits the new UK and EU legislation before again revisiting its laws.

Recommendation

The Minister is asked to agree changes to the Pedal Cycles (Amendment) (Jersey) Order 2011, to change in Article 2 Paragraph (2b) the words “being pedalled” to the word “travelling” and to remove paragraph (c) in its entirety.

Reason for Decision

To simplify enforcement of the law and to avoid public confusion by making Jersey legislation consistent with the UK whilst awaiting new UK and EU legislation before again revisiting the order.

Resource Implications

None

Action Required

Senior Traffic Officer to send instructions to the Law Draftsman for drafting an amendment for subsequent submission to the Minister for signing.

Written by: Senior Traffic Officer

Approved by: Director of Transport