Ian Jones

Dear Mr Knox Thank you for your Regulation 28 Report of 14 February, addressed to the Secretary of State, regarding the death of Mr lan Augustus Jones. am responding as the Minster responsible for local transport: would Iike to start by saying how very sorry was to hear about lan's death, and send my sincere condolences to his family and friends: have considered your report carefully and the matters of concern you raised to help prevent similar deaths in the future. set out my thoughts below: In your report you state that the inquest evidence revealed the following matters giving rise to concern: "The accessibility of electric motors and parts that can be easily used to convert a normal pedal bicycle into a high powered, throttle controlled scooter capable of high speeds with rapid acceleration that can pose a danger to the rider and to other members of the public. The Department for Transport is responsible for regulating the use of e- cycles. An e-cycle can legally be used on the road in the same way as a regular pedal cycle (if the user is 14 years of age or older); where it complies with the requirements set out in the Electrically Assisted Pedal Cycles (EAPC) Regulations 1983. This means the continuous rated power of the electric motor cannot exceed 250 Watts, it must be fitted with pedals capable of propelling it;, and electrical assistance must cut-out when it reaches 15.5 mph. If the e-cycle does not comply with the above requirements then it is classed as a motor vehicle (within the meaning of the Road Traffic Requlation Act 1984 and the Road Traffic Act 1988).

This means it will need to be approved and registered with the Driver & Vehicle Licensing Agency; as well as being taxed and insured. The rider will also need the appropriate driving license and to wear an approved motorcycle safety helmet: If an individual modifies a pedal cycle or e-cycle, it is the responsibility of that person to ensure that the finished vehicle meets and fully complies with the requirements of the EAPC Regulations. An e-cycle with a throttle that can propel it to 15.5 mph (also known as Twist and Go') is allowed and can be used in the same way as a pedal cycle; so long as it meets the requirements in the EAPC Regulations. However; it will also need approval from the Driver & Vehicle Standards Agency to ensure it complies with various technical and legal standards before it can be legally used on the road: This approval can be granted under assimilated Regulation (EU) No 168/2013 or under the Motor Cycles Etc. (Single Vehicle Approval) Regulations 2003. The Department's guidance sheet on e-cycles can be viewed here: WWW GOV uklgovernmentlpublicationslelectrically-assisted-pedal-cycles- eapcslelectrically-assisted-pedal-cycles-eapcs-in-great-britain-information- sheet: have asked my officials to consider how this guidance can be best promoted: Enforcement of these requirements on the road is a matter for the police. More broadly, the Department operates a comprehensive market surveillance programme delivered by the Driver and Vehicle Standards Agency (DVSA); which covers many aspects of vehicle safety at point of sale , including checking that e-cycles meet the legal standards. The Department works with manufacturers and retailers to ensure understand their legal obligations and, if necessary; will use enforcement powers up to and including court action: There have been successful prosecutions for the sale of unapproved electric motorcycles, resulting in criminal convictions, substantial fines, and recalling the e-cycles. With regards to the accessibility of electric motors and parts, all consumer products placed on the market must be safe during normal and reasonably foreseeable conditions of use_ This includes conversion kits and products associated with e-cycles, such as their batteries and chargers. In addition, depending on their specific voltage range, some standalone electric motors placed on the UK market will be subject to the requirements of the Electrical Equipment (Safety) Regulations 2016. The national product regulator the Office for Product Safety and Standards (OPSS) and Local Authority Trading Standards officers have powers to take enforcement action against businesses where unsafe or non-compliant products are identified: This can extend to requiring businesses to recall products or prevent them from being supplied, including those being supplied via online marketplaces. they

My officials work closely with officials in the OPSS on matters of this sort; and have taken their views into account in the preparation of this response. On balance and after careful consideration, we have concluded that there is no additional action that would be appropriate for the Department to take at this stage. This is light of the existing legal framework governing the modification of e-cycles as described above, and the enforcement powers of various bodies, including the police, DVSA, OPSS and local trading standards Thank you for writing to the Department on this important matter