DRAFT 21ST April 2008

Ebikes for Hong Kong

Purpose

Electrically assisted bicycles (hereafter “ebikes”) are an environmentally friendly

means of transport with growing popularity throughout the world. However, in Hong
Kong they are classified as “motor cycles” and effectively illegal because they do not
meet motor cycle licence conditions.

This submission seeks consideration by Hong Kong government departments to allow

the legal sale and use of environmentally-friendly ebikes in Hong Kong. We propose
a staged and controlled approach to the legalization, for example by allowing their use
first in places such as New Territories and the Outlying Islands, which are not as busy
as the CBD.

What is an “ebike”?

Hong Kong law views ebikes as “motor cycles”. However, they are most certainly
not a “motor cycle”, at least as a “motor cycle” is commonly understood. A
common-sense test might be applied here. The average “person on the street” has a
conception of “motor cycle” which is something driven by a petrol engine, with one
to four cylinders and capable of speeds of well over 100 kilometres per hour.

In short, when conjuring up an image of a “motor cycle” the average person will think
of something like this:

When they think “motor cycle” they will not think of something like this:
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It is this latter (the bottom photograph) which is an example of an ebike.

The legal definition and status of motorized bicycles varies by jurisdiction. Legal
terms for motorized bicycles include "Power Assisted Bicycle" (Canada), “moped”,
"Electrically assisted pedal cycle" or most commonly "electric bicycle", frequently
abbreviated as "ebike”. For the purposes of this submission we shall use the term
“ebike”. Drawing on definitions in other countries and regions, we shall define an
ebike in this submission as follows:

A bicycle with pedals which is assisted by a battery of power not exceeding

500kw and capable of speeed not exceeding 30km per hour under maximum
power on level road.

For clarity, this submission does not cover other types of two-wheeled vehicles which
may be driven by electric power and which are sometimes called electric scooters or
electric motor bikes.

For sample pictures of the types of vehicle covered and not covered by this
submission see pictures at Appendix 1.

What is happening in other parts of the world?

Australia, Canada, China, the EU, Finland, Japan, New Zealand and the US have all
passed legislation recognising the unique characteristics of ebikes: their quiet, clean
operation, ease of use and their environmentally benign nature. Most jurisdictions
recognise these as distinct from existing moped and motorcycle classifications
because they are more akin to bicycles than their heavier, faster gas-powered cousins
(the moped, motorcycle, electric scooter, etc).

For summary table of legislation in other jurisdictions, see Appendix 2.

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What is happening in Hong Kong?

The current situation regarding ebikes in Hong Kong is contained in the Transport
Department’s website FAQ:

12. Does the use of electric skateboard and electric bike require a licence?

Under the Road Traffic Ordinance (Cap. 374), the use of motor cycle and
motor tricycle on roads in the Hong Kong Special Administrative Region
requires a licence. It will be necessary to pass type approval of such motor
cycle and motor tricycle on eg. lightings, brake systems etc match stipulated
standards. Also under Road Traffic (Registration and Licensing of Vehicles)
Regulations, the Commissioner for Transport reserves the rights to determine
the suitability of vehicles for roadworthiness. The driver should possess valid
driving licence for motor cycle and motor tricycle. Electric skateboard and
electric bike currently available for sale in Hong Kong Special Administrative
Region (electrical or petrol driver) fail to meet the above statutory
requirements. Transport Department has licensed NONE of these products. It
is an offence to drive or use unregistered and unlicensed vehicles on road
under Section 52 of the Road Traffic Ordinance (Cap.374). Commission of the
offence is subject to a fine of $5,000 and imprisonment for 3 months.

12. 使 用 電 動 滑 板 及 電 動 單 車 需 否 領 牌 ？

根 據 《 道 路 交 通 條 例 》 （ 香 港 法 例 第 374 章 ） ， 任 何 電 單 車 和 電 動 三 輪
車，如在任何道路上使用，均須領牌；而領牌之前，須通過車輛檢
驗，例如符合照明系統，剎車系統等規定的標準，評定該車輛是否適
宜於道路上行走。根據《道路交通（車輛登記及領牌）規例》，運輸
署署長保留最終決定權。其使用者亦須持有電單車及電動三輪車的有
效駕駛執照。

目前本港有售的電動滑板及電動單車，無論是電力驅動或是汽油驅
動，均未能符合以上法例要求。據本署紀錄，本署未有發出過車輛牌
照給上述車輛。根據《道路交通規例》第五十二條，駕駛未登記及領
牌 的 車 輛 ， 可 處 罰 款 $5,000 及 監 禁 3 個 月 。

http://www.td.gov.hk/public_services/frequently_asked_questions/driver_licensing/index.htm#
b12

It seems clear what has happened here: since there is no provision in the Road Traffic
Ordinance (RTO) for any form of ebike, by default they have been classified as
“motorcycles” (電 單 車). As such they are required to have all the roadworthiness
aspects of a fully-functional motorcycle, with all their licencing and regulatory
requirements, which clearly they do not.

Part of the problem may lie in the RTO’s Chinese translation of “motorcycle”.
Whereas in Mandarin the Chinese for “motorcycle” is摩托車, literally “motor cycle”,
in the RTO’s translation電 單 車 back translates literally to “electric cycle”.

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What can be considered?

As in other jurisdictions, the government of Hong Kong could consider the unique
and environmentally friendly nature of ebikes and classify them as bicycles. As
bicycles, they would have to obey all the road rules, as do bicycles, but without the
regulatory requirements of motorcycles.

The Transport Commissioner has the power to do so under various sections of the
RTO:

Section 6: the Sec of Transport and Housing may make Regulations… relating
to the licencing of vehicles in Schedule 1, for use on roads.

Section 13(b): any Regulation may “give power … for any vehicle or class of
vehicles…. to be exempted from the application of any of the regulations
made under this Ordinance.”)

By exempting ebikes from the application of the regulations, they would be removed
from the list of vehicles in Section 1 of the RTO which need to be licenced.

What types of ebikes should be exempt

Clearly there need to be guidelines of what type of ebike could be exempted from the
RTO requirements.

After research in Hong Kong and other jurisdictions, we suggest the following
specifications for exempt-able ebikes:

1) User age: 14 and above

2) Number of wheels: 2
3) Number of pedals: 2, which can be used with or without the battery power
4) Wheel size: up to 24"
5) Wheel material: aluminum, alloy or composite
6) Speed: maximum 35 km/h under power alone on level road
7) Motor power: brush motor up to [500W]
8) Battery capacity: 12Ah / 17Ah, 12V
10) Max. load: 110kg
11) Input voltage for charger: 110V-220V
12) Brake: handle brake
13) Noise: < 60dB(A)

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Summary and Recommendation

Ebikes are an environmentally friendly means of transport. They are no faster than
ordinary bicycles, but give the rider assistance up hills. Their use in Hong Kong
would help reduce carbon emissions and road crowding.

The government should remove specified types of ebikes from the list of vehicles in
Schedule 1 of the Road Traffic Regulations which require licences.

It should do so by categorising specified ebikes as bicycles. There is plenty of

legislation in other jurisdictions to use as precedent.

We recognise that there may be concerns that, by allowing ebikes on the road on the
same basis as bicycles, there may be a rush of use of such vehicles in the more
crowded areas of Hong Kong such as in Central and Kowloon. Therefore, we propose
that the regularisation of their use should be on a staged and controlled basis.
Permission for their use could initially be limited to areas such as the New Territories
and Outer Islands. It is our belief that the permission to use ebikes on the same basis
as bicycles would not lead to any major issues in any part of Hong Kong; that has
been the experience in other jurisdictions. Nevertheless a staged and controlled
approach could help to confirm this.

In permitting the sale and use of ebikes, the government will bring Hong Kong into
line with many other enlightened jurisdictions and encourage environmentally
friendly means of transport in Hong Kong and take a small further step in improving
the quality of our air.

Peter Forsythe
Convener
Ebikes for Hong Kong
21st April 2008

Comments to: peter@forsythe.hk

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Appendix 1.

Proposed specifications for RTO-exempt ebikes are set out above. Pictorially, what
we are talking about look like this:

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Vehicles which would not be considered ebikes:

Electric scooters, such as this one:

And we’re certainly NOT talking about this, a real “motor cycle”!:

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Appendix 2

Table of ebike legislation in other jurisdictions

Country Legislative situation

Australia Ebikes only need to be registered if the maximum engine power exceeds 200
W. Riders of exempt ebikes follow same rules as bicycles

Canada Ebikes considered as bicycles if they have power below 500 W and
maximum speeds of 32 kph
Can be imported and exported freely

China Ebikes are legally recognised in China. In some cases need same licence
tag as bicycles.

EU Ebikes are considered bicycles with power below 250 W and maximum
speed below 25 kph.

Finland Ebikes exempt with power below 250 W and top speed below 25 kph

Japan Ebikes which do not exceed the top speed of sports bicycles (deemed to be
about 24kph) are considered bicycles and exempt from vehicle licencing
regulations. There is no specific battery power output specified in the
legislation

New Zealand Ebikes with motor output of less than 300 W are classified as “not a motor
vehicle”. Such ebikes must comply with the same rules as bicycles.

United Kingdom Ebikes are exempt if they are below 40kg, power below 200 W, top speed
below 25kph, and cycle has working pedals. Riders must be over 14 years.
No helmet or licence required.

US Regulations vary state by state. At least 22 states have legislation which

recognises the unique nature of ebikes and permits them to be ridden as
bicycles, with varying power and top speed conditions. In February 2008 the
US Senate passed legislation which gives a clear definition of an ebike:
electric motor of no more than 750 W and top speed of no more than 20 mph
(32kph)