2015 No. 474 Road Traffic
3rd March 2015 6th April 2015
The Secretary of State makes the following Regulations in exercise of the powers conferred by section 81(1), (2), (4) and (5) of the Road Traffic Act 1988. In accordance with section 195(2) of that Act the Secretary of State has consulted with representative organisations.
These Regulations may be cited as the Pedal Cycles (Construction and Use) (Amendment) Regulations 2015 and come into force on 6th April 2015.
The Pedal Cycles (Construction and Use) Regulations 1983 are amended as follows.
In regulation 3—
in paragraph (1)(b)(ii), for “section 103 of the Road Traffic Regulation Act 1967 and section 193 of the Road Traffic Act 1972”, substitute “section 140 of the Road Traffic Regulation Act 1984 and section 189 of the Road Traffic Act 1988”;
for paragraph (1)(c), substitute—
“the 1971 British Standard” means the specification for motors for battery operated vehicles published by the British Standards Institution under the reference 1727: 1971 as amended by Amendment Slip No. 1 published on 31st January 1973, Amendment Slip No. 2 published on 31st July 1974 and Amendment Slip No. 3 published on 31st March 1978;
for paragraph (1)(d), substitute—
“the 2014 BS EN Standard” means the specification for safety requirements 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; and
after paragraph (1)(d), add—
“Regulation (EU) 168/2013” means Regulation (EU) 168/2013 of the European Parliament and of the Council of 15th January 2013 on the approval and market surveillance of two- or three-wheel vehicles and quadricycles.
for paragraph (2), substitute—
Any requirement in these Regulations for a pedal cycle to comply with a specified standard is satisfied by compliance with— in so far as the standard, code of practice or technical regulation in question enables the specified standard to be determined in a manner equivalent to that prescribed by Regulation (EU) No 168/2013.
any relevant standard or code or practice of a national standards body or equivalent body of any EEA State or the Republic of Turkey,
any relevant international standard recognised for use in any EEA State or the Republic of Turkey, or
any relevant technical regulation with mandatory or de facto mandatory application for marketing or use in any EEA State or in the Republic of Turkey,
In regulation 4—
omit the words “it is fitted with”;
for paragraph (a) substitute—
it is—
fitted with a plate securely fixed in a conspicuous and readily accessible position showing—
visibly and durably marked with—
omit paragraph (b); and
at the beginning of paragraphs (c) and (d), insert “it is fitted with”.
After regulation 4 insert—
No person shall ride, or cause or permit to be ridden, on a road a pedal cycle to which the Electrically Assisted Pedal Cycles Regulations 1983 apply unless it is fitted with braking systems which are so designed and constructed that—
if it is a pedal cycle to which Regulation (EU) 168/2013 is applied by article 2 of that Regulation, they comply with the standards for braking systems contained in relevant type approval requirements; or
if it is a pedal cycle to which Regulation (EU) 168/2013 is not applied by article 2 of that Regulation—
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
in the case of a pedal cycle which is not a bicycle, they comply with the standards for braking systems fitted to a bicycle which comply with clause 4.6.8 of the 2014 BS EN Standard.
In this regulation “relevant type approval requirements” means, where the pedal cycle is covered by—
a type approval granted by the Secretary of State under the Motor Cycles (EC Type Approval) Regulations 1995, the construction and fitting requirements set out in the Annex to Council Directive 93/14/EEC of 5th April 1993 on the braking of two or three-wheel motor vehicles (“Council Directive 93/14”);
a type approval granted by the Secretary of State under the Motor Cycles Etc (EC Type Approval) Regulations 1999, the construction and fitting requirements set out in the Annex to Council Directive 93/14 at the time the approval was granted;
an approval certificate granted by the Secretary of State under section 58 of the Road Traffic Act 1988, the approval requirements for brakes applicable under regulation 4 of the Motor Cycles Etc. (Single Vehicle Approval) Regulations 2003; or
a type approval granted by the Secretary of State under Regulation (EU) 168/2013, the requirements applying to braking, including anti-lock and combined braking systems set out in Annex III to Commission Delegated Regulation (EU) No 3/2014 of 24th October 2013 supplementing Regulation (EU) 168/2013 with regard to vehicle functional safety requirements for the approval of two- or three-wheel vehicles and quadricycles.
In regulation 5(b), for “4(b), (c) and (d)” substitute “4(c) and (d) and 4A(1)(a) or (b)”.
In regulations 11 and 12, for the words “Regulation 4(b)” substitute “Regulation 4A”.