S Pedelecs in the UK

[Binhill1]

I do not want this post to invite discussion about de-restriction. Im just trying to get clarity about the current legal position of owning and using an E bike that does not conform to the EPAC regulations...that is, it is not a pedelec which we all know is a bike with an electric motor maximum nominal power rating of 250w and maximum motor assisted speed of 25kph............and motor assist must only be available by pedalling.

Reading today about Cowells latest ebike crash it was interesting to note he was riding a bike called a "Das Spitzing Evolution" and it was referred to as a S Pedelec and he was riding it around the roads in London ( no comment!) .

So I looked up the bike. It uses the TQ motor and it appears the same bike is available configured in 3 different formats. One format is a pedelec ( 250w/25kph); another is a S Pedelec ( 500w/45kph) and another is what they call an R Pedelec ( 920w/55kph).

I thought the only legal ebike for use on public roads and in places with public access in the UK was a pedelec and I am pretty sure that was the case until recently. E bikes not conforming to the pedelec regulations being classified as mopeds.
I dont know when that changed but from what I can determine from the .gov website, ebikes other than pedelecs can now be purchased and used on public roads with certain conditions.

1. The bike must be "Type Approved" and that can only be done by the manufacturer. That is a very expensive process which I doubt any E Bike manufacturer could justify. There is however a workaround compromising an "individual vehicle approval". This applies to each individual bike and sounds very similar to the sort of process you have to go through to get aproval to register a kit car for example.
2. Assuming the bike has that approval certificate it must then be registered with the DVLA and be "plated".
3. The bike must be taxed ( although the rate is zero currently) and insured.
4. You have to be over 14
5. You have to have an approriate drivers licence
6. You have to wear a British Standards approved helmet ( not specified what type of helmet or what British Standard!)
7. MOT after 3 years.

I can find no detail of the "type approval test" but I assume it would include the need for lights and brake lights and horn the same as a moped. I can also not see any specific restrictions on motor power, assisted speed or use of a throttle. So it seems to me this really muddies the waters and could create negative press for pedelec EMTBs.
For example, I have no idea which configuration of the bike Cowell was riding and since the 3 different models are essentially the same full suspension mtb type design just with different power outputs, how is anyone to know the difference? He had no helmet on and apparently went over the bars after slipping on some wet tarmac.........really?? Already the comments on the media reports contain negative comments about E bikes ripping a round the streets at excessive speeds etc.

Anyone have any definitive information on what has changed and what the legal situation is in the UK ?

Well theres a few going about my place throttle controlled . Can't figure out yet if police cant be bothered or not noticing . Definitely not legal not that i am bothered. Skooter passed me the other week mega fast. Who knows.