BA and ACT flag official guidance to retailers on e-bike conversion kits

UK cycle industry trade bodies the Bicycle Association (BA) and Association of Cycle Traders (ACT) have issued a joint message to cycle retailers who may be considering fitting e-bike conversion kits.

This follows the publication of "Advice to businesses on the risks and responsibilities associated with carrying out repairs, modifications and conversions to e-bikes and e-scooters" by the Office for Product Safety and Standards, the Government agency responsible for product safety regulations in the UK and which oversees the work of Trading Standards. This advice can be downloaded here.

This guidance confirms that "If you supply parts and convert a bike or a scooter into an e-bike or e-scooter, you are legally responsible for its safety, and may be liable for any damage caused by any defect."

The trade bodies' understanding is that this wording reflects the clear regulatory position that anyone creating an e-bike by installing a conversion kit to a conventional cycle takes on the legal role as the e-bike's manufacturer, under the UK's General Product Safety Regulations, the Supply of Machinery (Safety) Regulations and other areas of UK product safety legislation.

The BA and ACT therefore strongly advise UK retailers considering fitting e-bike conversion kits to:

1. Be insured with product liability insurance which specifically covers e-bike manufacture.
    
2. Be fully aware of the duties that they take on as the e-bike manufacturer, including:
   1. The legal duty to CE or UKCA mark the new e-bike and to produce a corresponding Declaration of Conformity.
       
   2. The legal duty to maintain a Technical File including evidence of functional and mechanical product safety (under Machinery regulations), electro-magnetic safety (under EMC regulations) and chemical safety (RoHS regulations), all for the complete e-bike, and to retain this evidence for at least 10 years. Similar evidence under relevant product safety regulations is also required for the battery and mains charger -- noting also the recent statutory guidance on e-bike battery safety.
       
   3. The legal duty to label the new e-bike with the name and address of the manufacturer (i.e. the retailer who fits the kit) and to remove or cover any branding which may mislead in this respect (e.g. the original manufacturer of the 'donor' cycle's labelling and branding).
       
   4. The legal duty to provide adequate safety information and warnings to the user (especially around charging and battery safety).
       
   5. The legal duty to apply the crossed-out wheelie bin symbol to the e-bike (because it is classed as electrical waste at end of life) and to register on the National Waste & Packaging Database as a WEEE producer.
       
   6. If importing the battery for the conversion (rather than purchasing from a UK supplier who has already taken on this duty), the legal duty to register on the National Waste & Packaging Database as an industrial battery producer, and to meet take-back and disposal obligations for end of life batteries (e.g. by joining the BA's e-bike battery collection initiative).
       
   7. If the converted e-bike has any radio, Bluetooth or smart/networking functionality such as an accompanying smartphone app, to also meet the additional legal requirements of the Radio Equipment Regulations, and/or the PSTI Consumer Connectable Devices Regulations.
       
3. Be transparent with customers that kit-created e-bikes rely on the mechanical safety of the donor cycle which was (in almost every case) not designed for use as an e-bike.
    
4. Be transparent with customers that unless there is clear evidence otherwise any warranty on the donor cycle will be invalidated by fitting a conversion kit, and that the original cycle manufacturer has not authorised its use as an e-bike.
    
5. Be aware that many brand and distributor contractual arrangements with retailers explicitly forbid the unauthorised fitment of e-bike conversion kits to bikes supplied under such contracts.

The BA and ACT recommend that any retailer considering fitting an e-bike conversion kit requests documentation from the conversion kit supplier to help in compiling evidence of compliance with the aspects listed at (2) above, to the greatest extent possible. This should include the kit supplier providing a "Declaration of Incorporation".

The BA and ACT caution however that even with kit supplier evidence it will almost certainly not be possible for a retailer to fully evidence that they have met their legal duties under 2 (b) when converting an e-bike if, for example, no evidence is available to confirm the structural safety (for e-bike use) of the donor bike frame and forks, or the braking performance of the cycle to which the conversion kit is fitted.

Any mechanical safety evidence would normally be held only by the original manufacturer of the donor bike, following testing to international standards. Even if it were available, this testing would have been based around use as a normal pedal cycle -- and even this could not be relied on if the cycle is in a used condition, as it may have become damaged or corroded.

The BA and ACT recommend that in the absence of formal evidence of mechanical safety, any retailer contemplating fitting an e-bike conversion kit carefully document their own professional evaluation of the mechanical safety of any proposed donor cycle in its intended use as a converted e-bike.

The trade bodies also urge retailers fitting kits to check that the kit supplier has provided robust evidence of EMC and RoHS compliance for the components/systems they supply, so that at least partial evidence of compliance with these regulations is available.

The BA and ACT recognise that e-bike conversion kits appear to be an attractive, affordable way for consumers to enjoy the benefits of riding an e-bike, and that in many cases the converted e-bikes are used safely.

However, they remain concerned that there is a lack of awareness about the legal responsibilities which retailers who fit e-bike conversion kits take on, and a lack of clarity in the information usually provided to consumers about such conversions. The BA has also set out these concerns in this BA Guide.

Jonathan Harrison, Director of ACT, said: "This official guidance clarifies what we've been concerned about for some time. Retailers need to understand that by installing conversion kits, they're legally taking on the role of manufacturer with all the associated responsibilities and potential liabilities."

Peter Eland, Technical & Policy Director at the Bicycle Association, added: "The e-bike conversion kit its concept seems simple and appealing, but because fitting one moves a normal bike into the legal definition of ‘Machinery’, it comes with real regulatory complexity. Anyone considering fitting a kit should do so with full information about what they are getting into."

"Safety must always be the priority," said Jonathan Harrison. "While we understand retailers want to offer affordable e-bike options to their customers, they need to be fully informed about the significant legal responsibilities they're assuming when installing conversion kits."

Retailers should be aware that Trading Standards is actively investigating, and enforcing against, retailers offering e-bikes made via conversion kits who cannot meet the legal requirements as outlined above to evidence safety -- especially battery fire safety.

The BA and ACT urge any retailer fitting e-bike conversion kits to consider the legal and insurance implications of taking on the e-bike manufacturer role very carefully, and to ensure they are as prepared as possible for any Trading Standards investigation.

The BA and ACT continue to work closely with the Office for Product Safety and Standards on this issue, and hope that further official guidance will be issued to provide even more clarity for both consumers and the industry about the regulatory position and safety of e-bikes created from conversion kits.