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NSW e-bike laws - what does it mean for retailers

Peter Bourke

24 Feb 2023

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Following several conversations with retailers last week, there still appears to be some confusion on the regulations relating to the sale of ebikes in NSW (please note this only relates to sales and does not affect road laws).


A retailer can only sell an e-bike in NSW if it meets the standards - but what does this mean?


From the 1st of Feb, the NSW Office of Fair Trading identified ebikes, escooters and their batteries as Declared articles, and introduced legislation that made it a legal requirement that any e-bike sold or provided to a consumer in NSW must meet one of three standards;

- AS15194:2026,

- EN15194:2017+A1:2023, or

- UL2849


These standards relate to all ebikes (new or secondhand) provided to a consumer in NSW, or from a NSW based business to a consumer in another state of Australia.


As a retailer you must ensure that any bike you sell meets and is marked to the appropriate standard.- this relates to all ebikes from sold to a consumer from1st Feb, regardless of the time the bike arrived in a retailers store/warehouse.


As the retailer, you are responsible for selling legal product, with the first fine up to $5000 and subsequent fines up to $825,000.


The fatality earlier this month in NSW from an e-bike battery fire has reinforced the Governments approach to the standard.


If the bike is involved in an incident/accident/fire/traffic offence which requires police interaction - it is expected the standard of the bike will be assessed at the time of the incident and at purchase.


NOTESIf the e-bike brand chooses to meet AS15194:2016 - it must meet all elements of the standard including marking, owners manual and all elements of Appendix ZZ (AS1927:1998)


MARKING

The EPAC shall be marked visibly, legibly and indelibly with the following minimum particulars:- EPAC- XX km/h1) (max assisted speed)- XX W2) (max continuous rated power)- name and address of Australian importer/manufacturer- Identification number


If the brand chooses to meet EN15194:2017+A1:2023 - it must meet all elements of the standard including marking, owners manual and the anti-tampering requirements.


MARKINGThe EPAC shall be marked visibly, legibly and indelibly with the following minimum particulars:

  • contact and address of the manufacturer or authorized representative;

  • EPAC according to EN 15194;

  • appropriate marking required by legislation (CE);

  • year of construction, that is the year in which the manufacturing was completed (it is not possible to use a code);

  • cut off speed XX km/h;

  • maximum continuous rated power XX kW;

  • maximum permissible total weight (e.g. marked near the seat post or handlebar);

  • designation of series or type;

  • individual serial number if any;

  • mass if EPAC mass is more than 25 kg;

  • mass of the EPAC in the most usual configuration.


ANTI-TAMPERING

To meet EN15194, a consumer must not be able to modify (electronically, mechanically or otherwise) the following elements of their ebike;

  • Max speed the motor operates 

  • Max power output of the motor 

  • Max throttle speed

  • Max gear ratio

If an e-bike can be modified by the consumer without specialty tools or software, it cannot be legally sold in NSW (if meeting EN15194) - ie if the bike is imported and sold as 'road legal' it cannot be unlocked.


If the brand chooses to meet UL2849 - it must meet all elements of the standard including marking and owners manualMARKINGMust be permanently marked with;

  • Manufacturers name 

  • Part or model number

  • electrical ratings in Volts dc and AH or WH

  • date of manufacture 

  • name of charger to be used with bike

  • cautionary/warning/danger/electric shock risk markings


OWNERS/INSTRUCTION MANUAL

  • Must include installation instructions, operational instructions, instructions pertaining to fire, electric shock or injury along with maintenance instructions.


The manual must also include important safety instructions as listed in the standard relating to

  • childrens supervision

  • cord management

  • copper wires

  • pressure or component terminal 

  • ampiere rating according to ANSI/NFPA 70

  • ambient temperature for use and charging 

  • moving and storage


If a bike does not feature the markings or owner's manual - it is deemed the bike does not meet basic requirements of the standard and cannot be legally sold in NSW.


Batteries and scooters have separate standards that they must meet to be sold in NSW.


The regulations can be found https://www.nsw.gov.au/housing-and-construction/safety-home/electrical-safety/lithium-ion-battery-safety/new-standards-for-lithium-ion-batteries-e-micromobility-devices


The second phase of the implementation will occur on August 1 2025, when independent testing and certification will be mandatory.

  • February 2025 - Enforcement of the new standards begins.

  • August 2025 - Mandatory testing and certification requirements enforced. 

  • February 2026 - Mandatory labelling requirement enforced.


For further questions contact your supplier, check out the BIA website NSW ebike regulations | bia or members can reach out to me at pbourke@bikeoz.com.au or 0438 871271


Regards Peter


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