Pedal Cycles (Jersey) Order 1998: Proposed Amendment

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A decision made on 30 July 2010 regarding a proposed amendment to the Pedal Cycles (Jersey) Order 1998

Decision Reference: MD-T-2010-0075
Decision Summary Title :	Pedal Cycles (Jersey) Order 1998 - Electrically Assisted Pedal Cycles		Date of Decision Summary:	14 July 2010
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 (Jersey) Order 1998 - Electrically Assisted Pedal Cycles		Date of Written Report:	14 July 2010
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 (Jersey) Order 1998 - Electrically Assisted Pedal Cycles
Decision(s): The Assistant Minister agreed to ask the Law Draftsman to amend the Pedal Cycles (Jersey) Order 1998 on the basis of instructions to be prepared by the Head of Driver and Vehicle Standards such that an electrically assisted pedal cycle can have an electric motor with a maximum power output of 250W and power assistance is only available when the rider is pedalling.
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: None
Action required: Head of Driver and Vehicle Standards to prepare drafting instructions and submit to the Law Draftsman.
Signature:		Position:
Date Signed:		Date of Decision (If different from Date Signed):

Pedal Cycles (Jersey) Order 1998: Proposed Amendment

TRANSPORT AND TECHNICAL SERVICES

PEDAL CYCLES (JERSEY) ORDER 1998

ELECTRICALLY ASSISTED PEDAL CYCLES

Purpose of the Report

To consider amending aspects of the Pedal Cycles (Jersey) Order 1998 pertaining 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.

Article 3(d) of the Road Traffic (Jersey) Law 1956 excludes EAPCs “of such class as may be prescribed” from being considered to be motor vehicles. Article 47 of the Road Traffic (Jersey) Law 1956 prohibits persons under the age of 14 from driving EAPCs on roads and cycle tracks.

Article 2 of the Order specifies the class of EAPCs prescribed for the purposes of the law, these being bicycles and tricycles which have a

- maximum kerbside weight (including batteries but without rider/cargo) of 40kg for bicycles and 60kg for tandems or tricycles;

- only an electric motor fitted with a maximum continuous rated power output of the motor not exceeding 200W for bicycles and 250W for tandems or tricycles;

- pedals capable of propelling the vehicle; and

- the motor must not be able to propel the vehicle when travelling at speeds exceeding 15mph.

Article 3 of the Order gives further requirements for EAPCs in respect of a manufacturer’s plate, braking systems, the battery, a power switch biased to the off position and all things being in working order.

Any EAPC which complies with the above is not considered to be 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. There are known to be some cycles 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 Order, the legislation seems to consider them as EAPCs.

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.

Discussion

In 2009, the European Standards body CEN, published a new standard relating to EAPCs. Furthermore the European Framework Directive on the type approval of Motorcycles specifically excludes EAPCs from its scope. The definition of an EAPC in the EC Directive is consistent with that in the European Standard. The following table shows the main similarities and differences between the requirements for an EAPC in Jersey legislation and that used in the European Standard and Motorcycle Directive.

	Jersey	European Standard and Motorcycle Directive
Maximum Power	Bicycles 200W Tandems and Tricycles 250W	Bicycles 250W Tandems and Tricycles 250W
Maximum Weight	Bicycles 40kg Tandems and Tricycles 60kg	No Limit
Maximum Speed	15 mph (25 kph)	25 kph
Power assistance	Not clearly defined	Only available when rider is pedalling

While the UK is currently deliberating on amendments to its legislation which would bring it into line with the rest of Europe, it is the case that there are bicycles on the market and available in Jersey that comply with the European Standards but exceed the maximum power set down in Jersey legislation. In order that Jersey residents can use these bicycles and to support the Sustainable Transport Plan, it seems sensible to amend the present Order and bring it into line with our neighbours in Europe, particularly in respect of the maximum power output permitted for bicycles and the power assistance only being available when the rider is pedalling.

It is unclear why the European Standard has not established any weight limits as it would be normal practice in vehicle regulation to set such limits. From a safety perspective both for the rider, pedestrians and other users of cycle tracks, it would seem sensible to retain maximum weight restrictions at present until further light can be shed on the reasons for not stating weight limits.

It is not known how many EAPCs are in use in the Island at present or indeed if those in use comply with the current legislation. However, it would be unfair to bring in legislation that retrospectively made such vehicles illegal. If changes to the Order are approved, the new requirements should only apply henceforth and subject to confirmation that the vehicle was in use in the Island prior to any amendment to the Order and comply with the speed, weight, power and pedal requirements of the current legislation, such cycles should continue to be permitted to be used.

The expectation is that drafting the necessary amendments to the Order will be considered minor work and should not require any bid for drafting time.

Recommendation

The Assistant Minister is recommended to ask the Law Draftsman to amend the Pedal Cycles (Jersey) Order 1998 on the basis of instructions to be prepared by the Head of Driver and Vehicle Standards such that an electrically assisted pedal cycle can have an electric motor with a maximum power output of 250W and power assistance is only available when the rider is pedalling.

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

Head of Driver and Vehicle Standards to prepare drafting instructions and submit to the Law Draftsman.

Written by:	Head of Driver and Vehicle Standards

Approved by:	Acting Director of Transport