Road Traffic Code Changes - 27-Apr-2015

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rolandp
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Road Traffic Code Changes - 27-Apr-2015

Postby rolandp » Tue Apr 28, 2015 11:27 pm

I saw this on WestCycle's Facebook today, Perth cyclists in electric revolution which The West reports:
New regulations that will bring WA into line with other States - and most other bike-friendly countries - came into force yesterday, allowing bikes to operate with a maximum power output of 250 watts, up from 200 watts.

Did I miss an update on the Road Traffic Code - clearly I did, did anyone hear that there were changes?

You then dig deeper, and definition of a bicycle is:
bicycle means a vehicle with 2 or more wheels that is built to be propelled by human power through a belt, chain or gears (whether or not it has an auxiliary motor) and —
(a) includes a pedicab, penny-farthing, tricycle and power assisted pedal cycle; but
(b) does not include a wheelchair, wheeled recreational device, wheeled toy or any vehicle (other than a power assisted pedal cycle) with an auxiliary motor capable of generating a power output over 200 watts (whether or not the motor is operating);


No mention of 250 watts, and if you search the document, it doesn't come up either. Nor is the definition of 'power assisted pedal cycle' found.

The previous definition was (for part b):
(b) does not include a wheelchair, wheeled recreational device, wheeled toy or any vehicle with an auxiliary motor capable of generating a power output over 200 watts (whether or not the motor is operating);

So, what other changes have been made which we may not be unaware of?

And before you look, we still need a helmet, bell, reflectors on pedals and wheels (during hours of darkness), and effective brake.

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Re: Road Traffic Code Changes - 27-Apr-2015

Postby cj7hawk » Wed Apr 29, 2015 1:36 am

It just looks like they screwed up the document. I guess we have to wait until they fix it -

DAvid

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Re: Road Traffic Code Changes - 27-Apr-2015

Postby Aushiker » Wed Apr 29, 2015 12:33 pm

From a quick check of the April 27, 2015 version of the Road Traffic Code the amendments are reflected in the Western Australian Gazette, dated April 17, 2015. I really haven't got the time to investigate this fully but a quick check of the Gazette points to the Road Traffic (Vehicles) Regulations 2014 which come in to play on April 27, 2015. A check of that does not seem to make any mention of note of power assisted bicycles. More reviewing is needed I suspect.

Andrew

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Re: Road Traffic Code Changes - 27-Apr-2015

Postby cj7hawk » Wed Apr 29, 2015 7:18 pm

Back in January, I was told this was the change;

4. Regulation 3 amended
(1) In regulation 3(1) delete the definitions of:
power assisted pedal cycle
Road Traffic Act
92 GOVERNMENT GAZETTE, WA 8 January 2015
Motor Vehicle Repairers Amendment Regulations (No. 2) 2014
r. 4

(2) In regulation 3(1) insert in alphabetical order:
power assisted pedal cycle means a vehicle —
(a) designed to be propelled through a mechanism
operated solely by human power; and
(b) to which is attached one or more auxiliary
propulsion motors having a combined
maximum output not exceeding —
(i) 250 W, in the case of a pedalec, namely
a vehicle that meets the standard of the
European Committee for
Standardization entitled EN 15194:2009
or EN 15194:2009+A1:2011 Cycles —
Electrically power assisted cycles —
EPAC Bicycles; or
(ii) 200 W, in any other case;

However, I was later told they just made all bicycles 250w to simplify things.

I assume the change will be mentioned in some other document other than the act -

Regards
David

p.s. I'm not really certain they did change all bicycles to 250w like they said they would - I'm just hopeful that they did - :)

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Re: Road Traffic Code Changes - 27-Apr-2015

Postby Aushiker » Wed Apr 29, 2015 8:52 pm

cj7hawk wrote:Back in January, I was told this was the change;

4. Regulation 3 amended
(1) In regulation 3(1) delete the definitions of:
power assisted pedal cycle
Road Traffic Act
92 GOVERNMENT GAZETTE, WA 8 January 2015
Motor Vehicle Repairers Amendment Regulations (No. 2) 2014
r. 4

(2) In regulation 3(1) insert in alphabetical order:
power assisted pedal cycle means a vehicle —
(a) designed to be propelled through a mechanism
operated solely by human power; and
(b) to which is attached one or more auxiliary
propulsion motors having a combined
maximum output not exceeding —
(i) 250 W, in the case of a pedalec, namely
a vehicle that meets the standard of the
European Committee for
Standardization entitled EN 15194:2009
or EN 15194:2009+A1:2011 Cycles —
Electrically power assisted cycles —
EPAC Bicycles; or
(ii) 200 W, in any other case;

However, I was later told they just made all bicycles 250w to simplify things.

I assume the change will be mentioned in some other document other than the act -

Regards
David

p.s. I'm not really certain they did change all bicycles to 250w like they said they would - I'm just hopeful that they did - :)
The WA Government Gazette of January 8, 2015 does reflects changes to the Motor Vehicle Repairers Amendment Regulations (No. 2) 2014 however the regulation in respect to the change in wattage of power assisted bicycles comes into affect "on the day fixed under the Road Traffic (Administration) Act 2008 section 2(b)."

Section 2b states:

Commencement
This Act comes into operation as follows:
(a) sections 1 and 2 — on the day on which this Act receives the Royal Assent;
(b) the rest of the Act — on a day fixed by proclamation.


The subsidiary legislation is the Road Traffic (Administration) Regulations 2014 which is dated April 27, 2014. It states in Regulation 4 ...

Part 2 — Matters prescribed for terms used in road laws
4. Power assisted pedal cycles
(1) In this regulation — pedalec means a vehicle that meets the standard of the European Committee for Standardization entitled EN 15194:2009 or EN 15194:2009+A1:2011 Cycles — Electrically power assisted cycles — EPAC Bicycles.
(2) For the definition of power assisted pedal cycle in section 4, the amount of power is —
(a) for a pedalec — 250 W; and
(b) for any other kind of power assisted pedal cycle — 200 W.


I am not a lawyer so take this with a grain of salt but this is not the first time I have come across conflicting Regulations promulgated by the Western Australian Government. That said it seems that the latest versions of the Road Traffic Code and Road Traffic (Vehicles) Regulations are only referring to power assisted pedal cycles and not pedalecs, unless the phrase "matters prescribed for terms used in road laws" overrides existing definitions such as those found in the Road Traffic Code [1].

[1] This may in fact be the case. The Western Australian Government's Parliamentary Counsel’s Office has a useful guide on how to read legislation. In paragraph 11 on page 11 of the guide it states ...

Generally speaking, Act A (and its subsidiary legislation) will stand alone and not have an effect on other legislation. If Act A has any effect on other legislation it will usually be stated in it or in the other legislation.
The effect other legislation has on Act A may be to answer questions not answered in Act A, such as those above about removing guano.


This maybe the case here with Road Traffic (Administration) Regulations 2014 paragraph 4. For me I just don't understand why given other changes to the Regulations the Road Traffic Code and the Road Traffic (Vehicles) Regulations where not updated at the same time to avoid all this confusion.

Andrew

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Re: Road Traffic Code Changes - 27-Apr-2015

Postby rolandp » Wed Apr 29, 2015 11:06 pm

If we are going to adopt European Standards, there would be several that would come to mind that in my opinion be higher up the priority list.

Attempting to move away from the focus from PAPC/pedalec/200w/250w was there any other changes that we need to be aware of?

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Re: Road Traffic Code Changes - 27-Apr-2015

Postby Aushiker » Thu Apr 30, 2015 12:02 am

As best as I can tell this late at night the changes to various regulations are documented in the Road Traffic (Repeals and Amendment) Regulations 2014. The notable change is the repealing of the Road Traffic (Bicycles) Regulations 2002 which is no more and has been replaced by the Road Traffic (Vehicles) Regulations 2014.

Other changes I can see are:

The definition of a bicycle has changed.

The Road Traffic (Administration) Regulations 2014does as best as I can tell does now define power assisted bicycles in two categories ... pedalecs and non-pedalecs.

The [url=hhttp://slp.wa.gov.au/Gazette/gazette.nsf/searchgazette/BBDAEA555D43B3D648257E290012CAED/$file/Government%20Gazette%20No.%2057%20of%202015.html#P22_304t]Road Traffic (Administration) Act 2008[/url] Commencement Proclamation 2015 amends a heap of regulations including some which are not obvious at all in terms of their connection.

Andrew

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Re: Road Traffic Code Changes - 27-Apr-2015

Postby cj7hawk » Thu Apr 30, 2015 12:05 am

Perhaps this is where the issues came from? Until the latest legislative changes, Pedelecs ( EPACs ) couldn't be ridden on bike paths. It's anyone's guess as to what the legality was on roads... The last major changes were in 2011 when they let PAPCs ride on shared paths.

I still have to confirm that DoT still regard my new petrol bicycle as a Pedelec at 250w ( It does meet the requirements of EN 15194 when affixed to an EN 15194 compliant bicycle and does not change the status under EN 15194. ).

David.

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Re: Road Traffic Code Changes - 27-Apr-2015

Postby Red Rider » Thu Apr 30, 2015 12:29 am

According to the SA gov website:
In order to be a pedelec (legal for use on our roads), the power assisted bicycle must comply with the European Committee for Standardization EN 15194:2009 or EN 15194:2009+A1:2011 Cycles - Electrically power assisted cycles - EPAC Bicycle ('EN 15194') and this includes the following.

- It must be certified by the manufacturer and labelled as complying with EN 15194. The label must have the manufacturer's name, the motor's cut off speed in km/h and its electric motor motor maximum continuous rated power in Watts. The label is often found on the bicycle's frame immediately adjacent to the crank.
- The motor must be electric.
- The maximum continuous power output of the motor cannot exceed 250 watts.
- The rider must pedal to access the power (the motor may operate without pedalling up to a speed of 6 km/h).
- The power must cut out when the pedalec reaches 25 km/h or sooner (if the operator stops pedalling).
https://www.sa.gov.au/topics/transport- ... ed-bicycle" onclick="window.open(this.href);return false;

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Re: Road Traffic Code Changes - 27-Apr-2015

Postby rolandp » Thu Apr 30, 2015 12:36 am

Wonder where this change is coming from?
Various references to “Director General” amended In the provisions listed in the Table delete “Director General” (each occurrence) and insert:
CEO


From Road Traffic (Repeals and Amendment) Regulations 2014 Section 26.

What is the priority of these changes, and shouldn't the focus be on the big ticket items like Minimum Passing Distances which may save lives?

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Re: Road Traffic Code Changes - 27-Apr-2015

Postby cj7hawk » Thu Apr 30, 2015 9:31 am

Red Rider wrote:According to the SA gov website:
In order to be a pedelec (legal for use on our roads), the power assisted bicycle must comply with the European Committee for Standardization EN 15194:2009 or EN 15194:2009+A1:2011 Cycles - Electrically power assisted cycles - EPAC Bicycle ('EN 15194') and this includes the following.

- It must be certified by the manufacturer and labelled as complying with EN 15194. The label must have the manufacturer's name, the motor's cut off speed in km/h and its electric motor motor maximum continuous rated power in Watts. The label is often found on the bicycle's frame immediately adjacent to the crank.
- The motor must be electric.
- The maximum continuous power output of the motor cannot exceed 250 watts.
- The rider must pedal to access the power (the motor may operate without pedalling up to a speed of 6 km/h).
- The power must cut out when the pedalec reaches 25 km/h or sooner (if the operator stops pedalling).
https://www.sa.gov.au/topics/transport- ... ed-bicycle" onclick="window.open(this.href);return false;
The problem is that the intended legislation changes actually imposed a stricter set of rules on Pedelecs than the standard, in such a way that would make most of them illegal under WA legislation. It's all around the wording of "maximum continuous power" and the fact that they then went and put a maximum power limit in under the standard. Maximum continuous power and maximum power under EN 15194 are two different things.

Petrol systems and the likes ( Solar, etc ) are identified as not being the intention of EN15194 also, but then it provides compliant methods for connecting them in two possible ways that still comply. It's a very complicated document.

Regards
David

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Re: Road Traffic Code Changes - 27-Apr-2015

Postby Aushiker » Thu Apr 30, 2015 9:59 am

rolandp wrote:Wonder where this change is coming from?
Various references to “Director General” amended In the provisions listed in the Table delete “Director General” (each occurrence) and insert:
CEO


From Road Traffic (Repeals and Amendment) Regulations 2014 Section 26.

What is the priority of these changes, and shouldn't the focus be on the big ticket items like Minimum Passing Distances which may save lives?
I assume this is an administrative change required by the position previously being held by the "Director General" now called "CEO" under probably some Public Service Act. Language is very important. Without the change the person in the position of CEO would not have the necessary authority.

Andrew

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Re: Road Traffic Code Changes - 27-Apr-2015

Postby cj7hawk » Wed May 06, 2015 3:51 pm

OK, I've discussed with Transport and they've clarified the new rules...

Information has been removed from the act, and has been redistributed through a series of acts which combine Voltron-style to give us our current laws.

The road law suite of legislation is :-
- Road Traffic (Administration) Act 2008,
- Road Traffic (Authorisation to Drive) Act 2008,
- Road Traffic (Vehicles) Act 2012, and
- Road Traffic Act 1974 (as amended).

The new rules are that all bicycles are recognized as PAPCs, including Pedelecs, but the 200w limit is still in force and will remain so - however, they've carved a niche in it for EPACs.

PAPC Legislative - effective 27 April 2015
Road Traffic (Administration) Act 2008
4. power assisted pedal cycle means a vehicle —
(a) designed to be propelled through a mechanism operated solely by human power; and
    (b) to which is attached one or more auxiliary propulsion motors having a combined maximum output not exceeding the amount of power prescribed for the purposes of this definition;

Road Traffic (Administration) Regulations 2014
4. Power assisted pedal cycles
(1) In this regulation —
pedalec means a vehicle that meets the standard of the European Committee for Standardization entitled EN 15194:2009 or EN 15194:2009+A1:2011 Cycles — Electrically power assisted cycles — EPAC Bicycles.
(2) For the definition of power assisted pedal cycle in section 4, the amount of power is —
(a) for a pedalec — 250 W; and
(b) for any other kind of power assisted pedal cycle — 200 W.

Road Traffic (Vehicles) Regulations 2014
3. bicycle has the meaning given in the Road Traffic Code 2000 regulation 3(1);

Road Traffic (Repeals and Amendments) Regulations 2014 …. amended the Road Traffic Code 2000 as per below [also repealed the Road Traffic (Bicycle) Regulations 2002 in total]
Road Traffic Code 2000
3. bicycle means a vehicle with 2 or more wheels that is built to be propelled by human power through a belt, chain or gears (whether or not it has an auxiliary motor) and —
(a) includes a pedicab, penny-farthing, Tricycle and power assisted pedal cycle; but
(b) does not include a wheelchair, wheeled recreational device, wheeled toy or any vehicle (other than a power assisted pedal cycle) with an auxiliary motor capable of generating a power output over 200 watts (whether or not the motor is operating);


Ohhh.... Check that out - I just noticed that... FOUR WHEELS IS OK NOW !.... I'ma gonna build me a 200w Racing Car with pedals ! I mean, bicycle. I reckon I could get it up to 50 with some good aerodynamics and a lot of misplaced faith in the flatness of Perth Roads ! ;)

Not sure where Colin's unicycle fits into all this - :(

Hope this helps,
David.

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Re: Road Traffic Code Changes - 27-Apr-2015

Postby ColinOldnCranky » Mon May 11, 2015 6:47 pm

cj7hawk wrote: ...
...
Road Traffic (Repeals and Amendments) Regulations 2014 …. amended the Road Traffic Code 2000 as per below [also repealed the Road Traffic (Bicycle) Regulations 2002 in total]
Road Traffic Code 2000
3. bicycle means a vehicle with 2 or more wheels that is built to be propelled by human power through a belt, chain or gears (whether or not it has an auxiliary motor) and —
(a) includes a pedicab, penny-farthing, Tricycle and power assisted pedal cycle; but
(b) does not include a wheelchair, wheeled recreational device, wheeled toy or any vehicle (other than a power assisted pedal cycle) with an auxiliary motor capable of generating a power output over 200 watts (whether or not the motor is operating);
...
...
Not sure where Colin's unicycle fits into all this - :(
...
...
Thanks for pulling the threads together for us.

The amendments appear to leave me alone. :) I remain a special class of pedestrian rather than a vehicle of any sort as long as the unicycle continues to be included in the list of wheeled recreational devices as it does across the country.
Unchain yourself-Ride a unicycle

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