OTO No.637

OTO No.	637	Classification	NPA-22
Date of Acceptance	October 27, 2000	Respective Office Receiving Complaint	Cabinet Office (Economic Planning Agency)
Responsible Ministries	National Police Agency	Related Laws	Road Traffic Law, Enforcement Order of the Road Traffic Law
Complainant	Domestic firm	Exporting Countries	China
Subject	Relaxation of requirements for motors for battery-assisted bicycles
Description of Complaint	The complainant imported samples of Chinese electric bicycles and found that they fail to meet the standards under the Enforcement Order of the Road Traffic Law and cannot be considered bicycles as provided in the Road Traffic Law. The enforcement order provides for requirements regarding motors for battery-assisted bicycles, limiting the motor's assistance to the level equal to human power. Under this regulation, however, aged people whose power is lower can get only the assistance equal to their weaker power. In this respect, they complain about the limited performance of such bicycles especially on slopes. Battery-assisted bicycles are heavier than conventional bicycles and cannot provide assistance without pedaling. Especially, therefore, aged people feel inconvenience when they walk while pushing battery-assisted bicycles. The Chinese electric bicycles can solve the inconvenience. In order to have the Chinese electric bicycles in question used in the same way as battery-assisted bicycles, the complainant requests a relaxation of the ratio of the motor's assistance to human power as one of the requirements regarding motors for battery-assisted bicycles.
Details of Measures	The ministry replied as follows: (1) The motor of the Chinese electric bicycle in question is seen as failing to be for assistance to human power as provided in Article 2-11-2 of the Road Traffic Law. Its structure and driving method indicate that the Chinese electric bicycle amounts to a motorbike under the Road Traffic Law. (2) The bicycle "using a motor for assistance to human power" as provided in Article 2-11 of the law means a bicycle that has a motor moving not independently from but in dependence to human power and can be driven in the same way as a conventional bicycle.
Status of Processing	Processed (November 9, 2000)	Classification of Action	D
Remarks	A written reply was made on November 7, 2000.