BBC NI report says electric bikes count as mopeds in NI??

[SA_SA_SA]

http://www.bbc.co.uk/news/uk-northern-ireland-40861110[/url]
Surely NI is covered by the same EU electric bike rules as UK?

I looked up the 1983 law: I can't see where it excludes NI?
Also found the 2015(EU) update: http://www.legislation.gov.uk/uksi/2015/24/contents/made Again, I can't see where it excludes NI?


NB C-UK seem to have removed Chris Juden's name from below his regulation articles eg the famously useful lighting one: . That will make them harder to find with google. .

[gaz]

Surely NI is covered by the same EU electric bike rules as UK?

No. There are many differences in legislation between NI and England/Wales. It even has its own Highway Code.

Check p118 and you'll find:

You MUST ... ensure a working bell or horn is fitted

In NI a bell isn't just advisory, it's legislated.

A quick dig finds confirmation of the e-bike situation on gov.uk. AFAICT the NI legislators haven't got around to defining EAPCs as cycles, so by default the law in NI treats e-bikes as powered two-wheelers, i.e. mopeds.

PS. CJ's articles on the main Cycling UK site can be found here*.

*Edit: The Cycling UK website has had a revamp, that link no longer works. I'll see if I can figure out another, in the meantime "Chris Juden" is a useful search term.

[SA_SA_SA]

....There are many differences in legislation between NI and England/Wales. It even has its own Highway Code.
I know that: guess why

....A quick dig finds confirmation of the e-bike situation on gov.uk......

Interesting but I was trying to read the actual law not a summary. The EAPC law dates from 1983 (before devolution) so it seems stange NI was left out: it is not left out of the lighting rules..... And is(was?) not updating it to match EU across whole UK breaking EU rules???

CJs articles may be found (cos I know about them) but his name is now missing from then end where in the past it said something like last updated by Chris Juden on <date>

[gaz]

Interesting but I was trying to read the actual law not a summary.

I appreciate that, I can only reiterrate that I think it's the absence of a law defining EAPCs in NI that leads to the situation rather than something that states in NI law that an EAPC is a moped.

CJs articles may be found (cos I know about them) but his name is now missing from then end where in the past it said something like last updated by Chris Juden on <date>

There's a whole new Cycling UK website in development. Who knows what will happen next. Hopefully they're all on the waybackmachine.

[landsurfer]

Every time you mention NI think England in the 70's, run by Presbyterians, ...... ..which is one reason why i left at the age of 17 .... and more people born in NI live elsewhere than live there.....

[SA_SA_SA]

Interesting but I was trying to read the actual law not a summary.

I appreciate that, I can only reiterrate that I think it's the absence of a law defining EAPCs in NI that leads to the situation rather than something that states in NI law that an EAPC is a moped.

Yes, but I don't see the bit in the main law that leaves NI out: there is no England Wales and Scotland style phrase which is missing the words Northern Ireland. Also, why leave NI out, it wasn't devolved then(1983), so making it apply in NI was the main Westminister Parliaments job. if they included NI in the lighting regulations it seems reasonable for Westminister to automatically include it in the 1983 electric bikes law (and thus to be likely to include it in the 2015 update. NI missing the 2015 update makes slightly more sense because it was devolved by then, but it still doesn't seem a law for which devolved powers are appropriate: it makes sense to have the same transport laws in the whole UK, the same as for lighting laws...
(I don't think having a different rule for bells in NI is helpful)

[gaz]

The EAPC Regs 1983 is a Statutory Instrument which essentially inserts EAPCs into the non-motorised vehicle category as regards Road Traffic Regulation Act 1967 s.103 and Road Traffic Act 1972 s.193.

The underlying legislation amended by EAPC Regs 1983 to allow EAPCs as non-motorised vehicles on UK roads explicitly excludes NI.

RTA 1967 s113 (3)

This Act shall not extend to Northern Ireland.

RTA 1972 s209 (2)

This Act, except section 63 and except as provided by section 189, does not extend to Northern Ireland.

There was a separate NI Parliament until 1972 and the start of Direct Rule from Westminster.

[SA_SA_SA]

Thanks modification of a much older UK law (than I expected) explains it: interesting, but unfortunate. Nevertheless it would still have seemed worth Westminister simultaneously/in parallel extending its new EAPC rules to Northern Ireland by using their Direct rule ability in 1983. I can't see why there would have been any objections to that.

If that had happened at least NI would currently have had the old UK rules ....

Sometimes the United Kingdom isn't united enough IMO .....