Top Issue EU Regulating Biking

In January 2010 we first reported discussions that were afoot which could have changed the world of motorcycling as we know it.

These were proposals for a new framework regulation for motorcycles to regulate emissions and the safety of motorcycles.

Over the last couple of years, the issue has moved through procedures including public consultation.

European Parliament 20th November 2012 – The proposal – Approval and market surveillance of two – or three-wheel vehicles and quadricycles – was debated and then approved by the European Parliament by huge majority (643 in favour, 16 against).

We published and continue to do so information as we become aware of the latest agreements made by Council, Parliament and the Commission regarding the EU regulation proposal.

We have been very fortunate to have access to these documents (most of which are in the public domain – if you know where to look) and rather than leave riders to speculate, we prefer to provide the information as it arrives on our desks, so that people can make up their own minds.

In other words, we prefer to offer information about the events as they unfold in order to provide the opportunity for discussion.

View all our information on the regulation proposal from January 2010 to date -  Click Here

List of documents regarding the regulations that we have produced at Right To Ride EU – Click Here

Right To Ride EU on Facebook – Click Here

EU Regulation Proposal

In October 2010 the European Commission published its proposal - Approval and market surveillance of two – or three-wheel vehicles and quadricycles and the commissions proposal now been discussed within the Committee on the Internal Market and Consumer Protection (IMCO).

At Right To Ride we have shared our views with all concerned during the process.

The EU Commission proposals originally aimed to simplify approximately 20 different regulations into one framework directive (which will define the essential requirements, basic condition for production, basic rules for the internal EU market and limit values for environmental standards). This simplification of regulations has instead become a mire of technical blah blah and wishful thinking.

MEPs submitted 304 (30th August 2011) amendments to the proposal which have been considered by the Internal Market and Consumer Protection (IMCO) committee.

The vote on these amendments  took place on the 5th December 2011.

The process moved through Parliamentary Procedures which have included “high level” meetings in Brussels on the 15th May between the European Parliament’s negotiating team led by Chairman of the IMCO Committee Malcolm Harbour (MEP), the Danish Presidency of the EU Council of Member State Governments, and the European Commission, to thrash out the various positions and amendments to the proposed regulation “Approval and Market Surveillance of 2 or 3 wheeled Vehicles and Quadricycles but also world standards in terms of emissions, durability, safety and vehicle specifications.

Trialogue Negotiations between the European Parliament and the Council

The outcome of informal trialogue negotiations between the European Parliament  and the Council.

The agreed text of the proposal  was published on 10th September 2012, a full month before it was presented and voted on by the IMCO committee on the 11th October 2012.

While this is more than two months before the vote in the Plenary of the European Parliament, currently scheduled for 20th November 2012, further procedures have to be taken into account (verification by lawyers, translations, official transmissions, etc), Council’s final confirmation of the new Regulation, will be published the following month.

Concerns

Simply for those who may be concerned that their future as a motorcyclist is under threat, it was confirmed at this meeting, what we already knew and have repeatedly told riders, is that the higher powered motorcycles i.e. L3e equal to a full A licence and L4e (motorcycles and sidecars) also equal to a full A licence will be excluded from anti-tampering measures.

Furthermore, it has been made clear that the measures that would be introduced for restricted motorcycles – e.g. mopeds, 125cc and L3e – A2 (medium powered motorcycles), were not directed at users and had absolutely nothing to do with bikes in use, with the aftermarket and any modifications that motorcyclists may wish to apply to their motorcycles. 

Regulations Heads To Parliament

On Thursday the 11th October 2012 without much fuss, the IMCO (Internal Market and Consumer Protection) voted on the Approval and market surveillance of two – or three-wheel vehicles and quadricycles,  the vote was 31 votes in favour with one abstention.

Because the L3e-A2 category vehicle is within the scope of the regulation in Article 18, there will be certain rules concerning possible anti-tampering measures. The wording of the proposal in terms of anti-tampering measures includes the definition of the powertrain which is outlined as:

“Powertrain’ means the components and systems of a vehicle that generates power and delivers it to the road surface, including the engine(s), the engine management systems or any other control module, the pollution control devices, the transmission and its control, either a drive shaft or belt drive or chain drive, the differentials, the final drive, and the driven wheel tyre (radius).”

So by definition, not included in the powertrain are modifications to upgrade suspension, brakes, change the handlebars, fit a different screen or fit luggage.

European Parliament Vote

European Parliament 20th November 2012 – The proposal – Approval and market surveillance of two – or three-wheel vehicles and quadricycles – was debated and then approved by the European Parliament by huge majority (643 in favour, 16 against).

Council Adopts Regulation

The European Council has announced that on the 11th December 2012 the representatives of the EU member states, adopted the regulation laying down new safety and environmental requirements for the type-approval of motorcycles and other L-category motor vehicles – the so-called “anti-tampering” regulation.

European Commission Welcomes Council Approval

Improved safety for motorcycles: European Commission welcomes Council approval The European Commission welcomes the final approval by the EU’s Council of Ministers of new rules for motorcycles and other light vehicles.

The devil is in the details and those are going through the democratic process through the Delegated Acts. These have been published in their draft format and discussed and published in the public domain for all to see. They are available through the stakeholders Motor Cycle Working Group (MCWG) which riders organisations are part of.

Our position was to aim to protect the spirit and historic tradition of modifying motorcycles – which we consider has been successfully completed.

The regulation is for new motorcycles manufactured after a certain date – there regulations are not to be imposed retrospectively – to motorcycles already manufactured!

Latest News on Regulation Proposal & Documents from Right To Ride EU

From this page you can view all the reports and items that we have produced and reported on regarding the Framework regulations.

For specific updates and changes of views of rider groups and the commission leading to the proposal going through the European Parliament go to main page.

View all our press releases and articles regarding the proposed European Commission regulation – back to January 2010 – Click Here

For the latest EU Regulating Biking News - Click Here

List of documents regarding the regulations that we have produced at Right To Ride EU- Click Here

Motorcycle Working Group (MCWG) – Delegated Acts

The Commission’s Motorcycle Working Group (MCWG) continues to meet, to continue the discussions that have already taken place in this working group regarding the status of the proposed regulation on type-approval and market surveillance of L-category vehicles.

There will be an exchange of views on certain items within the scope of proposed delegated and implementing acts, in particular related to:

  • Regulation on vehicle functional safety requirements (RVFSR) – Delegated Act
  • Regulation on environmental and propulsion performance requirements (REPPR) – Delegated Act
  • Regulation on vehicle construction requirements (RVCR) – Delegated Act
  • Regulation on administrative requirements (RAR) – Implementing Act

These meetings are attended by a range of the stakeholders, including FEMA, FIM and Member States Government representatives.

Documents and Information

Below are the documents – information – links that we posted up regarding the regulation.

These range from parliamentarty procedure files to draft reports and amendments.

These go as far back to public consultations in 2008 and the major rider orhganisations who responded to the European Commissions public consultation – FEMA (Federation of European Motorcyclists’ Associations) – BMF (British Motorcyclists Federation) – FFMC (Fédération Française des Motards en Colère) – SMC (Swedish Motorcyclist’s Association).

Latest Time Table

The Internal Market and Consumer Protection Committee (IMCO) is the lead Committee for the proposals – Subject File IMCO Committee – Click Here

Presented to European Parliament – Debated 19th November 2012 – Plenary vote – for 20th November 2012.

European Parliament 20th November 2012 – The proposal – Approval and market surveillance of two – or three-wheel vehicles and quadricycles – was debated and then approved by the European Parliament by huge majority (643 in favour, 16 against).

European Parliament Procedure File

Full European Parliament Report – Available in all languages of the European Union – Click Here

Report on the Proposal - Click Here

Includes outcome of the informal trialogue negotiations – pdf 978kb - Click Here

Council’s proposal – Transmitted 3rd September 2012 – Word Doc 1.2mb - Click Here

4th column document – Published 8th July 2012 – pdf 887kb -  Click Here

Full information and documents from -  Legislative Observatory European Parliament – Click Here

European Commission Proposal Details

European Commission Proposal – October 2010

The original proposal from the European Commission.

For a EUROPEAN PARLIAMENT AND COUNCIL REGULATION Regulation (EU) No …/2010 of the European Parliament and of the Council on the approval and market surveillance of two- or three-wheel vehicles and quadricycles – 4th October 2010.

Click Here – pdf 633kb

Committee on the Internal Market and Consumer Protection – IMCO

Subject File IMCO Committee - Click Here

Details with comments to the proposal and draft report regarding the proposal amendments discussed within the ICMO committee to be eventually presented to the European Parliment.

Consolidated version of IMCO Committee amendments published Jan 2012 – pdf 490kb – Click Here

Working Document – Committee on the Internal Market and Consumer Protection – February 2011

Working Document – on the proposal for a Regulation on approval and market surveillance of two or three-wheel vehicles and quadricycles COM(2010)0542

Click Here – pdf 152kb

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Draft Report – Committee on the Internal Market and Consumer Protection – May 2011

Draft Report – 6th May 2011 – Includes Amendments 1 – 94 Committee on the Internal Market and Consumer Protection on the proposal for a regulation of the European Parliament and of the Council on the approval and market surveillance of two-or three-wheel vehicles and quadricycles (COM(2010)0542 – C7-0317/2010 – 2010/0271(COD))Committee on the Internal Market and Consumer Protection – Rapporteur: Wim van de Camp.

Click Here – pdf 403 kb

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Briefing Note – June 2011

June 2011 – Briefing Note – Directorate General For Internal Policies – Policy Department A: Economic And Scientific Policy – Internal Market And Consumer Protection – Market surveillance in relation to type approval requirements.

Click Here – pdf 564kb

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Briefing Paper – August 2011

August 2011 – Briefing Paper -Directorate General For Internal Policies – Policy Department A: Economic And Scientific Policy – Internal Market And Consumer Protection – Access to repair and maintenance information.

Click Here – pdf 918kb

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Amendments 95 – 304 – Committee on the Internal Market and Consumer Protection – August 2011

Draft report – 30th August 2011 – Approval and market surveillance of two-or three-wheel vehicles and quadricycles.

View the Amendments – pdf 492kb – Click Here

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European Parliament Legislative Resolution – 14th December 2011

On the proposal for a regulation of the European Parliament and of the Council on the approval and market surveillance of two- or three-wheel vehicles and quadricycles (COM(2010)0542 – C7-0317/2010 – 2010/0271(COD)) (Ordinary legislative procedure: first reading)

To view the document – Click Here – Word Document 690kb

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Impact Assessment – 21st February 2012

Approval and market surveillance of two- or three-wheeled vehicles and quadricycles – Impact Assessment of IMCO  Compromise Amendments – pdf 2.2mb

To view the document – Click Here – pdf 2.2mb

Opinions

Opinion of the European Economic and Social Committee – January 2011

On the Proposal for a European Parliament and Council Regulation – Regulation (EU) No …/2010 of the European Parliament and of the Council on the approval and market surveillance of two- or three-wheel vehicles and quadricycles -  19 January 2011.

Click Here – pdf 55kb

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Opinion of the Committee on Transport and Tourism – May 2011

Ffor the Committee on the Internal Market and Consumer Protection on the proposal for a regulation of the European Parliament and of the Council on the approval and market surveillance of two- or three-wheel vehicles and quadricycles – 27th May 2011.

Click Here - pdf 228kb

Proposal Basics

The European Commission has proposed the mandatory fitting of advanced braking systems on new motorcycles, medium and high performance motorcycles and automatic headlamp-on switching for all L-category vehicles.

  • “This category covers a wide range of vehicles such as two- or three-wheel powered cycles, mopeds, motorcycles with and without a side-car, tricycles, on-road quads and mini-cars.”
  • “As passenger cars will be mandatorily equipped with daytime running lights from 2011 onwards, similarly all L-category vehicles shall be equipped with an automatic headlamp-on feature in order to increase rider and vehicle conspicuity and make them better visible to other traffic participants.”
  • “Other, more effective safety measures will be introduced to help reduce the high numbers of fatalities and injuries among riders of powered two-wheel vehicles in road accidents in the Union”.
  • “Powertrain tampering prevention of L-category vehicles are among these more effective safety measures, especially for mopeds and light motorcycles, but also for mini-cars.”
  • “On the other hand anticipated correlation between safety and power limitation for motorcycles could not be confirmed in several scientific studies. For that reason and in order to remove internal barriers to trade on the Union market, the option for Member States to mandate motorcycles to be limited to a maximum power of 74 kW will no longer be maintained.”
  • “The Commission also deemed necessary to introduce enhanced market surveillance requirements to create a level playing field for all vehicle manufacturers in a sector where presence of non-compliant products may cause significant safety risks and environmental threats.”
  • “Three emission steps are proposed for the coming decade. The Commission proposes among others a Euro 3, a Euro 4 and a Euro 5 step (and Euro 6 limits for motorcycles) to be complied with in 2014, 2017 and 2020, respectively.”
  • “At the same time it is proposed to radically simplify the current legislative set of 15 Directives by replacing them with just 5 Regulations.”
  • “This main proposal containing among others the scope, vehicle categories, emission limits and much more will be subsequently followed in the coming two years by four additional Regulations containing the test procedures, technical details and administrative provisions.”
  • This whole package of 5 Regulations now goes to Council and the European parliament, and is anticipated to become first applicable as of 1 January 2013.”

Relevant Documents on the Proposal from European Commission

European Commission Enterprise and Industry website – Click Here

Press release: Substantial improvements of motorcycle functional safety and emission performance – October 2010 – 68 kb pdf – Click Here

Proposal for a Regulation of the European Parliament and of the Council on the approval and market surveillance of two- or three-wheel vehicles and quadricycles – October 2010 – pdf 436kb - Click Here

Impact Assessment – October 2010 – pdf 2mb - Click Here

Executive summary of the Impact Assessment – October 2010 – pdf 278kb - Click Here

Citizens’ summary – pdf 146kb - Click Here

Motorcycle Categories As Set Out In the Commissions Proposals – Page 22 of the full Regulation Proposal – Click Here

Original Directive – Directive 2002/24/EC Of The European Parliament And Of The Council of 18 March 2002  Click Here

Public Consultation

A public consultation was held from 22 December 2008 to 27 February 2009 to seek the opinions of associations, companies and public authorities on key aspects of potential measures for the type-approval of L-category vehicles.

Click Here

In particular, stakeholder views were sought on the simplification of the current legislation, on the environmental and safety aspects of L-category vehicles and on the possible need to align legal measures with technical developments. Opinions were sought especially on items perceived to be controversial.

Riders organisations who responded to the consultation

FEMA (Federation of European Motorcyclists’ Associations)

BMF (British Motorcyclists Federation)

FFMC (Fédération Française des Motards en Colère)

SMC (Swedish Motorcyclist’s Association)

Click Here

Report Results of the public consultation on a proposal for a new Framework Regulation of the European Parliament and of the Council on type-approval of two- three- and four-wheel motor vehicles, referred to as L-category vehicles.Brussels – 25th November 2009.

Click Here – pdf 598kb

Comments

  1. EU Regulating Biking

    Read our updated overview on the regulation proposal on this page.

    Did you know that the agreed text of the proposal was published on 10th September 2012, a full month before it was presented and voted on by the IMCO committee on the 11th October 2012.

    Which gave us plenty of time to read and report on the text – you have got to keep up at the back!

  2. European Parliament1st Reading – Forecast for debate 19th November 2012 – Plenary vote – for 20th November 2012 – discussions between Parliament – Council and Commission are basically complete.

  3. Hi I’m a new rider and the way we are taught to ride makes us extremely aware of the hazards on the road especialy tin box (car) drivers!

    They are careless on the road always putting us last on the road and randomly pulling out on us as though we are not there!

    Reflective gear and day time running light already use and makes no difference to us, as car drivers just do not care.

    Power train mods?

    Day glow these restrictions are useless as they are not appropriate. I am 21 and ride with many young lads who I am aways riding with there are about 30 of us all together. Every time we ride our one and only problem is the careless idiots in their four wheeled vehicles who love to be ignorant! You want to leave us bikers alone as the vast majority of us are extremely carefull riders! We value our lifes and everything that goes with it!

    As for modifications, well, what about all these little immature boys in their modified cars with 4 inch plus exhausts tinted windows and over rated sound systems that wake every body up on a night or frighten the life out of people in the street beacause they are so goddam loud! Bikes are freedom to every biker and a way of life.

    You are trying to change things that do not need to be changed you are not going to gain anything from trying to change things that do not need to be changed.

    There will just be more rallys to oppose these laws and more and more angry and annoyed people living this world that will eventually get fed up and not listen to a single thing you say or do.

    I myself and many other friends have had enough of how ‘government’ run countries you babble on and on about everythings that is not a concern its minor!

    You miss imortant stuff out and do everything other than you need to do. So please stop changing things that DO NOT NEED TO BE CHANGED!!!!!!!

  4. After some confusing dates this is the latest timetable regarding the proposal.

    The Internal Market and Consumer Protection Committee (IMCO) is the lead Committee for the proposals.

    Time Table of regulation proposal – Click Here

    Deadline for ammendments – 20th June 2011

    Consideration of amendments IMCO meeting – 12th July 2011

    Vote in IMCO meeting – 5th – 6th October 2011

    Presented to European Parliament in October (TBC)

  5. Mandatory ABS is not the solution. The Department for Transport (UK) in their response to the Framework regulation consulation, gave an excellent reason why this is so. Perhaps our colleagues in Europe could consider this?

    Question 7: In your opinion, are there other/supplementary solutions better suited for certain categories (i.e. coupled braking, stability control systems,etc.) that would produce the same/better effect at better costs?

    Answer: This should be explored with industry and other stakeholders. There is a risk that mandating ABS will deter manufacturers from developing alternative solutions that may offer similar or greater benefits and be more cost effective for particular categories of vehicle.

    The potential for alternative solutions, for example, voluntary commitments or consumer awareness schemes should also be explored.

    Simple alternatives to ABS may be more appropriate and cost effective for smaller machines however care is needed to ensure that technologies fitted to bikes used by inexperienced and learner riders are consistent in their performance with those fitted to larger machines. If this is not the case then there will be the possibility that riders will need to adapt their riding style to accommodate different braking technologies on different machines.

    Our research suggests coupled braking is likely to provide additional safety benefits for motorcyclists although these are expected to be lower than ABS.

    However, this assessment was based on very limited information highlighting the need for a better understanding of the effectiveness of such systems. At present it is probably premature to consider legislation mandating the fitment of these systems.

  6. Updated 20th October

    A meeting of the Working Group on “Motorcycles”/MVEG is taking place in Brussels on the 21st October which will see a presentation by the EU Commission and exchange of views on the Commission proposal for a Regulation of Council and Parliament on type-approval and market surveillance of L-category vehicles.

  7. Re the latest proposals from DG Enterprise. All is not lost, we have learnt that the DG Enterprise chappies are going to carry out a study to look at positive modifications versus tampering. This is what we proposed in our response to DG Enterprise in January this year:

    http://www.righttoride.co.uk/documents/Framework_regulations_Right_To_Ride_public_260110.pdf

    We were the only organisation to focus on positive modifications.

    What we would suggest and infact will suggest is the value of development and innovation of individual engineers which is outside the scope of small batch manufacturers – which over the years have fed into the industry – The spirit of individualism must not be stifled by big R&D companies and obsessive target setters.

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