Needless to say, this pretty much gets up normal cyclists noses something terrible... It's seen as cheating, it's hated on and can even result in threats and abuse and quite commonly it's described as even being illegal... Elitists sometime passionately denounce it and I won't even start on how the Strava groupies see it -
So what is the truth? What is legal? And what is good? I thought I'd open the conversation to fellow ecyclists.
Some information to get things started - This whole issue is pretty much West Coast vs East Coast also - the entire question about whether pedaling is good or bad on ebikes ( or even required ) does originate from Sydney and frequently passions around this subject eclipse common sense.
While here on the West Coast, the official ( and published ) government perspective on it is that pretty much you're not expected to pedal an assisted cycle at all, but
Although that's pretty much advice we take to heart - especially when tackling hills of any sort, it's not that simple in NSW where the entire issue of pedaling more resembled a shark-feeding-frenzy with bloodied cyclists at the center and the periphery."Regardless of the power source, the overall range can be extended greatly if the rider does some occasional pedalling to take the load off the motor." ( ref: Cycling fact sheet #13, Bikewest, Department of Transport )
Just to illustrate this, check out these sharks circling, uh, politicians discussing the topic in parliament from the hansard -
Wow ! Now it's an offence in you dare to stop pedaling your cycle in NSW !Ref:
PARLIAMENT OF NEW SOUTH WALES LEGISLATIVE ASSEMBLY 2007-08-09 FIRST SESSION OF THE FIFTY-FOURTH PARLIAMENT QUESTIONS AND ANSWERS
No. 146
TUESDAY 4 AUGUST 2009
*6858 ELECTRIC BIKES—Ms Katrina Hodgkinson asked the Minister for Roads—
Given that members of the Cowra community who own GiaCarlo electric bikes are continuing to receive differing and conflicting advice from the NSW Police Force, which appears to vary with the opinion of individual officers, and that this bike is still advertised by distributors as being legal to ride unregistered and unlicensed in NSW, will the Minister provide a definitive ruling as to whether this specific bike accords with the RTA regulations for not having to be registered?
Answer— I am advised: The RTA carried out a rudimentary assessment of a GiaCarlo electric bike last year. It was found that the width of the pedal crank does allow it to be pedalled like a pedal cycle. The leverage achieved over the short length of the pedal crank makes it very difficult to operate this machine in hilly conditions or for protracted periods of time. Most importantly, the motor is able to provide power to the driven wheel without the pedals being used, from starting off to travelling at cruising speed. The seat height is fixed and cannot be adjusted which limits the efficiency at which it can be pedalled and may not be suitable for some people though this may not be an impediment for others. Power-assisted pedal cycles that comply with the definition in NSW road transport legislation are exempt from registration and licensing requirements in New South Wales. The current review of the legislation regarding these vehicles is not intended to change this situation. Currently, a power-assisted pedal cycle is defined as a pedal cycle to which is attached one or more auxiliary propulsion motors having a combined maximum power output not exceeding 200 watts. A pedal cycle is defined as a vehicle designed to be propelled through a mechanism solely by human power. So, a vehicle can be considered to be a bona fide power-assisted pedal cycle if a person can actually pedal it without the use of the motor, the maximum power output of the motor does not exceed 200 watts, and the power assistance is provided to the pedalling process.
However, riders of power-assisted pedal cycles should be aware that they may be found to be committing an offence if they are observed by an enforcement officer to be operating the vehicle by the motor alone and without pedalling. This is in accordance with the NSW Supreme Court decision in Matheson v Director of Public Prosecutions that confirmed that a vehicle is not a bona fide pedal cycle if it is operated only by a motor, and is therefore not exempt from registration. By its method of operation, the GiaCarlo electric bicycle falls into this category.
However, this isn't actually correct - this topic was used as grounds for appeal in that case, with the plaintiff noting -
Although this was rejected in the appeal as it was noted that the difference isn't about how the bicycle is ridden - it's that a bicycle to which an engine is added is not the same as a motorcycle to which pedals are added - the original intended use of the vehicle before modifications, based on appearance, design and function, are the key criteria..."35 It was submitted that the learned Magistrate has misdirected himself by having regard to the manner and extent of use (electric power versus pedal power) of the Plaintiff’s vehicle. To base a conclusion on this consideration, it was submitted, involved an uncertain process which may produce different answers depending upon the manner and extent of use of particular owners and riders. Such an approach, it was submitted, would not be a sensible one for implementation of a scheme for vehicle registration that required consistency and certainty."
Which pretty much leaves it open to ride on motor in NSW, which is unquestionably legal, however due to misunderstandings of the court case in question, you're likely to be picked up and prosecuted by the police where you'll have to drag out that old case from 2008 to defend yourself.
So while legal, it's clearly hated by a number of people outside of the e-cycling community. Pedalec users don't have a choice but may wish they had a throttle, and 200W PAPC riders have a choice, but face a lot of controversy either way, bringing us back to the question...
To Pedal, or Not To Pedal...
How do you ride your e-cycle and why?
Regards
David
