The Electrically Assisted Pedal Cycles (Construction and Use) Regulations (Northern Ireland) 2020

Braking systems

5.—(1) No person shall ride, or cause or permit to be ridden, on a road an electrically assisted pedal cycle unless it is fitted with braking systems which are so designed and constructed that—

(a) where it is a cycle to which Regulation (EU) No 168/2013 is applied by Article 2 of that Regulation, it complies with standards no less than those contained in the relevant type approval requirements; or

(b) where it is a cycle to which Regulation (EU) No 168/2013 is not applied by Article 2 of that Regulation—

(i) in the case of a cycle which is not a bicycle, it complies with standards no less than the standards for braking systems fitted to a bicycle which complies with paragraph 4.6.8 of the 2015 BS EN Standard; or

(ii) in the case of a cycle which is a bicycle, it complies with the standards for braking systems specified in paragraph 4.6.8 of the 2015 BS EN Standard.

(2) In this regulation “relevant type approval requirements” means, where—

(a) a type approval is granted by the Secretary of State under the Motor Cycles (EC Type Approval) Regulations 1995(1), the construction and fitting requirements set out in the Annex to Council Directive 93/14;

(b) a type approval is granted by the Secretary of State under the Motor Cycles Etc. (EC Type Approval) Regulations 1999(2), the construction and fitting requirements set out in the Annex to Council Directive 93/14 at the time the approval was granted;

(c) an approval certificate is granted by the Department under Article 31A(4) of the Road Traffic (Northern Ireland) Order 1981(3) (approval of design, construction, etc., of motor vehicles), the approval requirements for brakes applicable under regulation 4 of the Motor Cycles Etc. (Single Vehicle Approval) Regulations (Northern Ireland) 2004(4) (approval requirements);

(d) an approval certificate is granted by the Secretary of State under section 58 of the Road Traffic Act 1988(5) (Minister’s approval certificate), the approval requirements for brakes applicable under regulation 4 of the Motor Cycles Etc. (Single Vehicle Approval) Regulations 2003(6) (approval requirements); or

(e) a type approval is granted by the Secretary of State under Regulation (EU) No 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 24^th October 2013 supplementing Regulation (EU) No 168/2013 with regard to vehicle functional safety requirements for the approval of two or three wheel vehicles and quadricycles(7).

(1)

S.I. 1995/1513; revoked but type approvals granted under them may exist

(2)

S.I. 1999/2920; revoked but type approvals granted under them may exist

(3)

1981 No. 154 (N.I. 1); section 31A was inserted by Article 3 of S.I. 1985/755 (N.I. 6)

(4)

S.R. 2004 No. 484; See item 25 of Schedule 2

(5)

1988 c. 52

(6)

S.I. 2003/1959; See item 25 of Schedule 2

(7)

O.J. No. L7, 10.1.2014, p1