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Pedal
Cycles (Amendment No. 4) (Jersey)
Order 2021
Made 28th April 2021
Coming into
force 5th May 2021
THE MINISTER FOR INFRASTRUCTURE makes this Order under Articles 3,
80 and 84 of the Road Traffic (Jersey) Law 1956[1] –
1 Interpretation
This Order amends the Pedal
Cycles (Jersey) Order 1998[2].
2 Article 1 (interpretation) amended
In Article 1 –
(a) the existing text is
numbered paragraph (1);
(b) the definition “1981 British
Standard” is deleted;
(c) after the definition
“1987 British Standard” there is inserted –
“ “2014 BS EN Standard” means the specification for city and
trekking, young adult, mountain and racing bicycles published by the British
Standards Institution under the reference BS EN ISO 4210-2-2014;”;
(d) after the definition
“continuous rated output” there is inserted –
“ “EEA State” means a member State of the European Union and any
other state that is a party to the agreement on the European Economic Area
signed at Oporto on 2nd May 1992 when read with any Protocol adjusting
that agreement;”;
(e) after the definition
“Law” there is inserted –
“ “maximum continuous rated power” has the meaning in Article 2(3);”;
(f) after the definition
“nominal voltage” there is inserted –
“ “Regulation (EU) 168/2013” means Regulation (EU) No 168/2013
of the European Parliament and of the Council of 15 January 2013 on the
approval and market surveillance of two-or three-wheel vehicles and
quadricycles (OJ L 060, 2.3.2013, p.52) as amended from time to time;”;
(g) after paragraph (1) there
is inserted –
“(2) Any
requirement in this Order for a pedal cycle to comply with a specified standard
is satisfied by any of the following provided that it is no lower than the specified
standard –
(a) a relevant standard or
code of practice of a national standards body or equivalent body of the United
Kingdom or any EEA State;
(b) a relevant international
standard recognised for use as a standard in the United Kingdom or any EEA State;
(c) a relevant technical specification
recognised for use as a standard by a public authority of the United Kingdom or
of any EEA State;
(d) a relevant standard, code
of practice or technical specification that is equivalent to a standard, code
of practice or technical specification referred to in any of paragraph (a)
to (c) in use in another country or territory.”.
3 Article 2 (electrically assisted pedal cycles)
substitute
For Article 2 there is
substituted –
“2 Electrically assisted
pedal cycles
“(1) The
class of electrically assisted pedal cycles prescribed for the purposes of
Article 3 of the Law consists of bicycles and tricycles which comply with
the requirements of paragraph (2).
(2) Those
requirements are that each vehicle must –
(a) be fitted with pedals by
means of which it is capable of being propelled; and
(b) be fitted with no motor
other than an electric motor which –
(i) has a maximum continuous
rated power which does not exceed 250 watts, and
(ii) cannot propel the
vehicle when it is travelling at more than 15.5 miles per hour.
(3) In
this Order, “maximum continuous rated power” has the same meaning as in
Regulation (EU) 168/2013 and may be determined in accordance with any of
the following provided the manner of determination is equivalent to that
provided for in Regulation (EU) 168/2013 –
(a) a relevant standard or
code of practice of a national standards body or equivalent body of the United
Kingdom or any EEA State;
(b) a relevant international
standard recognised for use as a standard in the United Kingdom or any EEA State;
(c) a relevant technical
specification recognised for use as a standard by a public authority of the
United Kingdom or of any EEA State;
(d) a relevant standard, code
of practice or technical specification that is equivalent to a standard, code
of practice or technical specification referred to in any of paragraphs (a)
to (c) in use in another country or territory.”.
4 Article 3 (requirements applicable to electrically
assisted pedal cycles) amended
In Article 3, for
paragraphs (1) and (2) there is substituted –
“(1) A
person must not ride or cause or permit to be ridden, on a road or cycle track,
an electrically assisted pedal cycle unless –
(i) fitted with a plate
securely fixed in a conspicuous and readily accessible position showing –
(A) the name of the
manufacturer of the vehicle,
(B) the nominal voltage, and
(C) the continuous rated
output, or
(ii) visibly and durably
marked with –
(A) the name of the manufacturer
of the vehicle,
(B) the maximum speed at
which the motor can propel the vehicle specified in miles per hour or
kilometres per hour, and
(C) the maximum continuous
rated power of the motor of the vehicle specified in watts or kilowatts;
(b) it is fitted with braking
systems which are so designed and constructed that –
(i) in the case of a
bicycle, they comply with the standards for braking systems specified in
paragraph 4.6.8 of the 2014 BS EN Standard, or
(ii) in the case of a
tricycle, they comply with standards no lower than the standards applicable to
bicycles referred to in clause (i);
(c) it is fitted with a
battery which does not leak so as to be a source of
danger; and
(d) it is fitted with a
device biased to the off position which allows power to come from the motor
only when the device is operated so as to achieve that
result.
(2) A
person must not ride, or cause or permit to be ridden, on a road or cycle track
an electrically assisted pedal cycle unless the parts mentioned in the
following are in efficient working order –
(a) Article 2(2)(a) and
(b); and
(b) paragraph (1)(b),
(c) and (d) of this Article.”.
5 Citation and commencement
This Order may be cited as the Pedal Cycles (Amendment No. 4)
(Jersey) Order 2021 and comes into force 7 days after the day it is made.
Deputy K.C. Lewis of St.
Saviour
Minister for Infrastructure