Request ID: FOI-2263-2223 Date published: 08 December 2022
You asked
FOI-1742-2223: I would like to make an FOI request for a copy of the internal review response.
We answered
TfL Ref: FOI-2263-2223
Thank you for your request of 7th December 2022 asking for a copy of the Internal Review response in relation to case FOI-1742-2223. Your request has been considered in accordance with the requirements of the Freedom of Information Act and our information access policy.
I can confirm that we hold the information you require.
The Internal Review response read as follows:
“While it is true that many matters pertaining to transport in London are devolved to TfL, not all are. TfL has a mandate to check taxis and private hire vehicles for roadworthiness in some circumstances, but it does not have a mandate to check other privately owned or rented vehicles, including bikes and e-bikes. The most recent EAPC Regulations came into force in 2015 and do not mention Transport for London; nor do the original 1983 Regulations mention TfL’s predecessor organisations. For reference the most recent Regulations can be found here: https://www.legislation.gov.uk/uksi/2015/24/introduction/made.
The compliance of vehicles with Construction and Use Regulations is a national matter, but it is relevant to your query that bicycle rental in the UK is an unregulated business practice (whether for regular bikes or e-bikes). While the e-bikes that are deployed by rental companies should of course be compliant with the EAPC Regulations, because bicycle rental is unregulated there is no regulatory framework around these rental companies, and as a result there are no requirements on TfL or other local authorities to undertake checks of these vehicles. With TfL having no role in approving which companies are able to operate in London, we are unable to require technical specifications for rental e-bikes to be submitted for review. To explain in a different way, it is worth comparing the situation with rental cars. TfL has no role in authorising car rental companies to operate, and TfL has no role in checking or assuring the roadworthiness of rental cars. This is dealt with by the national system of MOT testing. There is no comparable system of testing for e-bike roadworthiness however, so rental e-bikes go unchecked. For completeness, it is not within TfL’s competence to introduce such a system.
It is of course within the gift of the police to intervene if a vehicle is illegally on the road, but again, due to the unregulated nature of bike and e-bike rental, no police checks are undertaken before rental fleets are deployed. If a model of rental e-bike was found not to be compliant with the EAPC Regulations, TfL would be likely to raise this with the rental company in question in the interests of public safety, but we do not have a formal regulatory role in this market.”
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Yours sincerely,
David Wells FOI Case Officer FOI Case Management Team General Counsel Transport for London
