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Motor Vehicles (Electrically Assisted Pedal Cycles) (Exemption) (Guernsey) Law, 2002

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PROJET DE LOI

ENTITLED

 

The Motor Vehicles (Electrically Assisted Pedal Cycles) (Exemption) (Guernsey) Law, 2002

 

THE STATES, in pursuance of their resolution of 24th February, 2000[a], have approved the following provisions which, subject to the Sanction of Her Most Excellent Majesty in Council, shall have force of law in the island of Guernsey.

 

Use of electrically assisted pedal cycles.

1.      An electrically assisted pedal cycle within the meaning of this Law shall not be treated -

 

(a)      as a motor vehicle for the purposes of -

 

(i)      the Motor Taxation and Licensing (Guernsey) Law, 1987[b] (hereinafter called "the 1987 Law");

 

(ii)      any legislation for the time being in force relating to the licensing and registration of motor vehicles; and

 

(iii)      the Road Traffic (Compulsory Third-Party Insurance) Guernsey) Law, 1936[c]; or

 

(b)      as a motor cycle for the purposes of section 3 of the Motor Vehicles (Miscellaneous Provisions) Ordinance, 1962[d].

 

Person under the age of fourteen.

2.      (1)      An electrically assisted pedal cycle within the meaning of this Law shall not be driven on a public highway by a person under the age of fourteen.

 

(2)      A person who -

 

(a)      drives such a pedal cycle; or

 

(b)      knowing or suspecting that another person is under the age of fourteen, causes or permits him to drive such a pedal cycle,

 

in contravention of subsection (1) is guilty of an offence and liable, on summary conviction, to such penalty as he would have incurred had he been convicted of an offence under section 22 of the 1987 Law.

 

 

 

Interpretation.

3.      (1)      In this Law -

 

"electrically assisted pedal cycle" means a bicycle or tricycle which-

 

(a)      has a kerbside weight not exceeding -

 

(i)      in the case of a bicycle, other than a tandem bicycle, 40 kilograms; and

 

(ii)      in the case of a tandem bicycle and a tricycle, 60 kilograms;

 

(b)      is fitted with pedals by means of which it is capable of being propelled; and

 

(c)      is fitted with no motor other than an electric motor which -

 

(i)      has a continuous rated output which, when installed in the vehicle with the nominal voltage supplied, does not exceed, in the case of a bicycle, other than a tandem bicycle, 0.2 kilowatts, and in the case of a tandem bicycle and a tricycle, 0.25 kilowatts; and

 

(ii)      cannot propel the vehicle when it is travelling at more than 15 miles per hour; and

 

"public highway" includes any road, street, lane or place to which the public has access whether on foot or with animals or vehicles and whether on payment or otherwise.

 

(2)      Any reference in this Law to any other enactment shall, except where the context otherwise requires, be construed as including a reference to that enactment as amended, repealed or replaced, extended or applied by or under any other enactment and to any subordinate enactment made thereunder.

 

(3)      The States Traffic Committee or such other Committee as the States may from time to time by Resolution prescribe may by regulations amend or repeal and re-enact the definition of "electrically assisted pedal cycle" contained in subsection (1) hereof and any regulations made under this subsection may be amended or repealed by subsequent regulations so made.

 

Citation.

4.      This Law may be cited as the Motor Vehicles (Electrically Assisted Pedal Cycles) (Exemption) (Guernsey) Law, 2002.


[a]

Article VI of Billet d'√Čtat No. VI of 2000.

[b]

Ordres en Conseil, Vol. XXX, p. 341; Nos. XI of 1995 and IX of 2000.

[c]

Ordres en Conseil, Vol. X, p. 388; Vol. XVIII, p. 35 and 257; Vol. XX, p. 246; Vol. XXIII, p.227; Vol. XXVII, p. 303; Vol. XXIX, p. 214; Vol. XXX, p. 243; Vol. XXXI, p. 423; Order in Council No. I of 1991; Ordinance No. XXIV of 1992.

[d]

Recueil d'Ordonnances, Tome XIII, p. 87; Tome XIV, p. 152; Tome XV, p. 384; Tome XXIII, pp. 310 and 422; Tome XXVI, pp. 90 and 374.