Pedal Cycles
(Jersey) Order 1998
1 Interpretation
(1) In this Order, unless
the context otherwise requires –
“1987 British Standard” means the specification for
motors for battery operated vehicles published by the British Standards
Institution under the reference BS 1727:1987;
“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;
“continuous rated output” has the same meaning as in
the 1987 British Standard;
“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;
“electrically assisted pedal cycle” means an
electrically assisted pedal cycle of a class prescribed by Article 2;
“kerbside weight”, in relation to an electrically
assisted pedal cycle, means the weight of the cycle without any person on it
and with no load other than the loose tools and equipment with which it is
normally equipped;
“Law” means the Road Traffic (Jersey) Law 1956;
“maximum continuous rated power” has the meaning in
Article 2(3);
“nominal voltage” means the nominal voltage of the
battery as defined in the 1987 British Standard;
“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;
“tandem bicycle” means a bicycle which is designed to
carry 2 or more persons at least 2 of whom can propel the vehicle at the same
time.[2]
(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]
2 Electrically
assisted pedal cycles[4]
(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.
3 Requirements
applicable to electrically assisted pedal cycles
(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 –
(a) it
is –
(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.[5]
(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.[6]
(3) In this Article
“manufacturer” means, in the case of a pedal cycle which has been
altered so as to become an electrically assisted pedal cycle, the person who
made that alteration.
4 Requirements
applicable to pedal cycles other than electrically assisted pedal cycles
(1) Subject to Article 5,
no person shall ride, or cause or permit to be ridden, on a road or cycle track
a pedal cycle other than an electrically assisted pedal cycle unless it
complies with the following provisions of this Article.
(2) Every pedal cycle shall
have at least one braking system.
(3) Every pedal cycle to
which this paragraph applies which has at least one wheel incapable of rotating
independently of the pedals shall have a braking system operating on the front
wheel or, if it has more than one front wheel, on at least 2 of those wheels.
(4) Every pedal cycle to
which this paragraph applies which does not have at least one wheel incapable
of rotating independently of the pedals shall have –
(a) the
braking system described in paragraph (3); and
(b) an
independent braking system operating on the rear wheel, or, if it has more than
one rear wheel, on at least 2 of those wheels.
(5) Paragraphs (3) and
(4) apply to –
(a) a
bicycle or tricycle with a saddle not less than 635 millimetres in the height;
(b) a
pedal cycle with 4 or more wheels; and
(c) a
pedal cycle manufactured before 1st August 1984 which has any wheel with
an outside diameter (including any tyre when fully inflated) exceeding 460
millimetres.
(6) Every braking system
required to be fitted to a pedal cycle in accordance with this Article shall be
in efficient working order.
(7) In this Article –
(a) “height”,
in relation to a saddle, means the height above the ground of the part of the
seating area of the saddle which is furthest from the ground when the cycle to
which the saddle is attached is raised to the fullest extent compatible with
safety and the tyres on the wheels of the cycle are fully inflated; and
(b) except
in the case of a cycle having 4 or more wheels, none of which has an outside
diameter exceeding 250 millimetres (including any tyre when fully inflated), a
braking system shall be deemed not to be in efficient working order if any
brake operates directly on a pneumatic tyre on any wheel.
5 Exceptions
(1) Article 4 shall
not apply to any pedal cycle which –
(a) is so
constructed that the pedals act on any wheel or on the axle of any wheel
without the interposition of any gearing or chain; or
(b) is
being ridden by a person –
(i) ordinarily
resident outside Jersey,
(ii) temporarily
resident in Jersey, and
(iii) who
brought the cycle temporarily into Jersey,
provided that the brakes of that cycle comply with the requirements
of Article 26 of the International Convention on Road Traffic signed at
Geneva on 19th September 1949, as amended.
(2) A tricycle not
constructed or adapted for the carriage of goods shall be treated as complying
with the requirements of Article 4(4) if it has 2 independent braking
systems operating on the front wheel if it has 2 rear wheels, or on the rear
wheel, if it has 2 front wheels.
6 Warning
instruments
Every pedal cycle shall be fitted with a bell capable of giving
audible and sufficient warning of its approach or position and no other
instrument shall be used for giving such warning.
6A Bicycle
helmets for children[7]
(1) Paragraph (2)
applies to a child of 13 years or younger who, on a road or cycle track,
drives or rides on –
(a) a
pedal cycle; or
(b) a
trailer drawn by a pedal cycle.
(2) The child must wear a
protective helmet that –
(a) is
securely fastened to the child’s head;
(b) complies
with a standard as set out in the Schedule;
(c) conforms
in size, adjustment and positioning to the requirements set out in the Schedule
in relation to that standard and that child; and
(d) was
manufactured no more than 10 years before the date on which it is used.
(3) Paragraph (2) does
not apply to –
(a) a
child who drives or rides on a sea beach;
(b) a
child who rides on a pedal cycle that is controlled by an adult pedestrian,
when that pedal cycle is on –
(i) a cycle track,
(ii) a
road specified in Schedule 3 to the Road Traffic (Speed Limits) (Jersey)
Order 2003, or
(iii) in
relation to a road not so specified, a part of the road other than its
carriageway;
(c) a
child who, in the circumstances set out in paragraph (4), rides on a
trailer;
(d) a
child who, on a cycle track, drives or rides on a pedal cycle having 4 or more
wheels; or
(e) a
child who, being a follower of the Sikh religion, is wearing a turban.
(4) The circumstances
referred to in paragraph (3)(c) are that –
(a) the
trailer is attached by a hinge to a pedal cycle;
(b) the
trailer has at least 2 wheels in parallel;
(c) the
trailer conforms to one of the standards described in paragraph (5), being
the version (whether by way of variation, supplement, re-issue or otherwise) of
that standard that had effect at the date on which the trailer was
manufactured;
(d) the
child is restrained by a safety belt in accordance with the
manufacturer’s instruction provided under that standard; and
(e) the
child is no taller than the maximum height marked on the trailer under that
standard.
(5) The standards referred
to in paragraph (4)(c) are –
(a) British
Standard BS EN 15918 of the British Standards Institution; and
(b) any
other standard that is the national implementation, by the standards
organization of a country that is a member of the European Committee for
Standardization (Comité Européen de Normalisation), of European
Standard EN 15918.
7 Testing
and inspection
Any police officer or Traffic Officer may, for the purpose of
ascertaining whether any of the requirements specified in Article 3(1), 4(2), 4(3),
4(4), 6A(2) or 6A(4) or the Schedule are satisfied, test and inspect a pedal
cycle, protective helmet or trailer –
(a) on a road or cycle
track; or
(b) if the cycle, helmet or
trailer has been involved in an accident, at any premises where the cycle,
helmet or trailer is located provided that –
(i) the
test and inspection are carried out within 48 hours of the accident, and
(ii) the
owner of the premises consents.[8]
8 Penalty
for infringement of this Order
A person who contravenes or fails to comply with any provision of
this Order, other than Article 6A, shall be liable to a fine not exceeding
level 2 on the standard scale.[9]
9 Citation
This Order may be cited as the Pedal Cycles (Jersey) Order 1998.