The Netherlands and Light Electric Vehicles (LEVs)

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The Netherlands and Light Electric Vehicles (LEVs)
The Netherlands
and Light Electric
Vehicles (LEVs)
The Netherlands and Light Electric Vehicles (LEVs)
02                                                                         The Netherlands and Light Electric Vehicles (LEVs)

     The Netherlands would like to inform you about the develop­
     ments for a national outline for Light Electric Vehicles (LEVs). This
     outline describes the rules for LEVs which are excluded from the
     scope of EU Regulation 168/2013. This concerns vehicles without
     seats (e.g. e-steps), self-balancing vehicles (e.g. the Segway) and
     vehicles with pedal assistance (e.g. e-bikes and e-cargo bikes).
     The outline is published in December 2020 and will be elaborated
     in to a definitive policy framework by mid-2021.

     Cities are getting busier and the use of LEVs is increasing. Professional transporters are
     increasingly using lighter, smaller vehicles such as parcel deliverers on e-cargo bikes and
     meal deliverers on e-bicycles. In addition to private ownership and use, LEVs are also
     increasingly offered as shared mobility. The strong emergence and increased use of LEVs
     require a review of the way in which these vehicles are currently allowed on the road in
     order to guarantee road safety.

     The Netherlands aims to develop a European framework for LEVs to prevent a patchwork
     of different rules in the Member States of the EU. Achieving this will take time thus parallel
     to this aim a new national framework for LEVs is being created. This creates clarity for users
     and manufacturers and contributes to the safe use of these vehicles. As soon as there is a
     European authorization framework for LEVs, it will replace the Dutch national authorization
     framework.

     The Dutch policy framework for admittance of LEVs has defined a category layout, technical
     requirements, administrative requirements and, user and supervision requirements. The
     choices made are cohesive to the place of the road of these vehicles.

     Category-layout
     The starting point of the vehicle category in the outline is that equal vehicles are placed in
     the same category and will need to meet the same requirements. This covers a level playing
     field. The LEV-framework is divided into four categories whereof two main categories
     based on kerb mass (mass of the vehicle with batteries without load). The effect kerb mass
     has on other road users in case of an accident (kinetic energy) is the main reason for these
     categories. The limit between light, small (cat.1) and heavy, large (cat.2) LEVs is set at 55kg.

     The first two categories are the relatively smaller and lighter LEVs like e-bikes and e-steps,
     category 1a and 1b. For these categories the reference point is set to a maximum kerb mass of
     55 kg. The limit of kg is derived from the German National LEV-framework. A defect vehicle
     with a kerb mass up to 55 kg with blocked front wheels can still be manually towed or pushed
     outside the danger zone. For the small and light LEVs (
The Netherlands and Light Electric Vehicles (LEVs)
03                                                                                          The Netherlands and Light Electric Vehicles (LEVs)

                        The other 2 categories are the relative larger and heavier LEVs as from 55 kg like electric
                        cargo bikes and e-cargo bikes to carry passengers. These categories are divided based on
                        the function of the vehicle: category 2a for cargo transport and category 2b for passenger
                        transport. Each category has a set of functional characteristics and technical requirements
                        which applies to the LEVs. These characteristics and requirements are based on the current
                        framework: Regulation 168/2013 and the Dutch Policy rule “designating special mopeds”
                        (aanwijzing bijzondere bromfietsen).

Outline Admission Light Electric Vehicles
The Netherlands and Light Electric Vehicles (LEVs)
04                                                                        The Netherlands and Light Electric Vehicles (LEVs)

     Method of admission and supervision
     For each category, the Netherlands examined the method of road admission (self-
     certification or approval) and the method of supervision (market or manufacture). The initial
     concept is to align as closely as possible to existing admission frameworks.

     For the category e-bikes and small electric cargo bikes up to 55 kg (cat.1a) the current
     procedure of self-certification and market surveillance will be maintained. These vehicles
     are covered by the requirements of the Machine Directive (2006/42/EC). Besides this the
     European Commission has designated industry standard EN-15194, for bikes with pedal
     assistance, applicable to all member states. The user of the standard may therefore assume
     that he will act in accordance with the applicable regulations (in this case the Machine
     Directive) if he complies with this EN standard. For category 1b, the Dutch Vehicle Authority
     (RDW1) recommends approval in advance and supervision of production. The risk that the
     self-certification will lead to unsafe vehicles on the road and/or deviations in production is
     assessed too high for road safety by the RDW. Investigation was also done on how Germany
     is handling admission and supervision and concluded that it is following the process as usual
     in case of a type approval. The process is therefore similar in structure to the processes as
     followed in Regulation (EU) No. 168/2013.

     For category 2, the relative bigger and heavier LEVs the Netherlands intents to apply the
     current type approval scheme used for special mopeds. This category is subject to approval
     by independent inspection prior to and supervision of manufacture. The admission scheme
     for relatively heavy, large e-cargo bikes, which are currently admitted in the same way as
     e-bikes, will be aligned with the scheme that currently applies to special mopeds.

     Technical requirements
     For each category, a specific set of technical requirements is required in which the vehicle
     will be tested before admission. The existing frameworks serves as the basis for these
     requirements.

     For the category of e-bikes up to 55 kg (cat.1a) the choice has been made to maintain the
     current requirements which are laid down in the machine directive. For the other categories
     the technical requirements are still being developed. In order to come up with a proposal
     for the set of requirements for the small and light LEVs without pedal assistance up to 55 kg
     (cat.1b) the RDW is currently comparing four different standards ((EU) no. 168/2013, EN-17128,
     German standard , Policy rule designation special mopeds). For the large and heavy LEVs,
     Regulation (EU) no. 168/2013 and the Policy Rule designation special mopeds are used as
     point of reference. Ultimately, these sets will be further elaborated by the RDW together with
     other experts.

     Position on the road in relation to width, mass and speed
     There have been various discussions in the Netherlands to indicate the implications of a
     maximum width, mass and a maximum construction speed. Stakeholders concluded that
     in places where there is a high density of traffic, or where the cycling infrastructure does
     not (or cannot) meet the CROW2 guidelines, LEVs that are too wide and too fast may lead to
05                                                                         The Netherlands and Light Electric Vehicles (LEVs)

     accidents of high severity and subjective safety. These discussions about width, maximum
     speed, mass and position on the road can’t be solved separately but need to be addressed in
     coherence.

     The conclusion is that for the small LEVs, such as the e-bikes with pedal assistance and the
     small e-(cargo)bike (cat.1), the cycle path is the most logical place. The categories heavy and
     wide LEVs (cat.2) are still a point of attention regarding safe mixing with other traffic on the
     cycle path or on the carriageway.

     In the context of road safety, restricting the width of vehicles is beneficial for road safety
     as there are fewer tight encounters and overtake moments on the cycle path. Various
     independent qualitative and quantitative studies have shown that insufficient width of the
     cycle path leads to an increased risk for the current group of users with their widths. It is
     therefore to be expected that extra vehicle width with the current width of the infrastructure
     will also lead to extra risk. Therefore the outline of the admission scheme for LEVs sets the
     maximum width of all LEVs on more than two wheels at 1.0 meter. For LEVs on two wheels,
     the maximum width is 0.75 meters, which is in line with current regulations for the (e-)
     bicycle in The Netherlands. The maximum construction speed for all LEVs is set at 25 km per
     hour. At the same time, there is a realization that the LEV framework will not stop the use
     of wide vehicles on the cycle path. For example, an e-cargo bike on three wheels can be up
     to two meters in width according Regulation (EU) No 168/2103. At a maximum construction
     speed of 25 km/h, this vehicle is registered as a light moped and drives on the cycle path in
     most cases. In addition, road authorities of larger municipalities in particular have various
     relevant discussions such as densification tasks, the increasing congestion on bicycle paths
     and discussions switching to 30 km/h as the standard instead of 50 km/h within its city
     borders. The Netherlands concludes that these developments require a robust distribution
     of public space that cannot be realized in the short term and for which the LEV framework
     cannot be the solution.

     The discussion about the position on the road in relation to width, mass and speed will be
     continued this year. The discussion remains to strive for uniformity in the regulations on
     the one hand and to take into account large differences in traffic density and the degree of
     urbanization on the other. In addition to the elaboration of the scenarios, the intention is
     to carry out an impact analysis to maximum width, so that the extent of the consequences
     of the proposed changes can be identified, and solutions can be sought for vehicles that are
     broader in current practice.

     Requirements for road usage
     Requirements for road usage can be divided into user requirements and usage requirements.
     User requirements include helmet requirement, minimum age and driver’s license.
     For special mopeds a minimum age of 16 years currently applies as a user requirement.
     There is no helmet requirement and no driving license requirement. The question is whether
     this line can be extended to the new authorization framework for LEVs, or whether
     additional or different requirements must be defined.

     Usage requirements include registration and insurance. In the policy response to the
     recommendations of the Dutch Safety Board, it was announced that special mopeds will
     be given a registration number, in order to clarify, among other things, which vehicles may
06                                                                       The Netherlands and Light Electric Vehicles (LEVs)

     and may not be on the road. The LEV framework will be in line with this with the exception
     of e- (cargo) bicycles with pedal support up to 55 kg (cat. 1a). In consultation with the RDW
     it will be determined in which form the registration will be carried out. Under existing
     laws and regulations, all motor vehicles, including LEVs, are compulsorily insured under
     the Motor Insurance Liability Act (WAM). Only the e-bike with pedal assistance up to 55 kg
     (cat.1a) remains exempt from this obligation.

     Follow-up process
     This outline will be further elaborated into a new admission framework in the first half of
     2021. In the beginning of 2021 the process for changing regulations will start in the areas
     possible.

     In the first half of the year the sets of technical requirements per category such as
     requirements for brakes and tires are determined by the RDW together with other experts.
     These will be the basis for a proposal to amend the national vehicle regulation.

     In the same period further work will be carried out together with the stakeholders to
     determine the parameters with regard to the location on the road and the user requirements.
     All parameters are expected to be ready and the outline has been converted into a complete
     policy framework before the summer of 2021.

     In addition to the further elaboration of the framework and its implementation in regulations
     the Netherlands will also explore how users and non-users of LEVs can best be involved and
     informed about the further elaboration of the LEV framework in the beginning of 2021.

     To conclude the Netherlands would like to emphasize on its aim for an
     European LEV framework.

         Endnotes
         1   https://www.rdw.nl/over-rdw/information-in-english
         2   https://www.crow.nl/english-summary

                                                        Ministry of Infrastructure and Water Management 2021
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