Another thread on flashing lights full of people with the same misunderstanding of the law that everyone has, including Cateye at one time. I looked into all this 17 years ago at the time I reported Cateye to Trading Standards for incorrect information on their packaging. I checked with the lawyers on my insurance legal helpline that my reading of the law was correct, and being as Trading Standards upheld my complaint and made Cateye change the wording on their products, I assume they agreed with it too.
First, the law relates to two things: what people
must do, and what people
must not do. Taking the latter, prior to 2005 the law said that flashing lights were prohibited at any time on cycles, and now they are no longer prohibited. You can cover your bike with flashing lights if you please, but then that brings us on to what you
must do
if you want to cycle at night, and the law says that you
must use a lamp that meets
either BS6102/3
or SI2559 (2005), or an Equivalent European Spec. So what does SI2559 say?
Well, everyone's familiar with the bit about 4cd and 1-4Hz, but it also says this:
7.—(1) Regulation 18 shall be amended as follows.
(2) In regulation 18(1), for “paragraph 2” there shall be substituted “paragraphs (2), (2A) and (2B)”.
(3) After paragraph (2) there shall be inserted—
“(2A) The requirements specified in paragraph 5(c) and (ca) of Schedule 2 shall not apply in the case of a front position lamp capable of emitting a flashing light which is fitted to—
(i)a pedal cycle; or
(ii)a trailer drawn by, or a sidecar attached to, a pedal cycle,
unless the lamp is also capable of emitting a steady light.
(2B) The requirements specified in paragraph 5(d) and (e) of Schedule 10 shall not apply in the case of a rear position lamp capable of emitting a flashing light which is fitted to—
(i)a pedal cycle; or
(ii)a trailer drawn by, or a sidecar attached to, a pedal cycle,
unless the lamp is also capable of emitting a steady light."
Paragraphs 5 of Schedules 2 and 10 are the ones that specify that lamps must meet a British Standard:
The explanatory notes on SI2559 do what they say on the tin:
"Regulation 7 amends regulation 18 of the 1989 Regulations so as to exempt obligatory front and rear position lamps which flash and are fitted to a pedal cycle or a trailer drawn by, or a sidecar attached to, a pedal cycle from the marking requirements in paragraph 5(c) and (ca) of Schedule 2 and paragraph 5(d) and (e) of Schedule 10 provided they are not also capable of emitting a steady light."
So the bottom line here is that flashing lamps can only be used as an alternative to a British Standard one if they do not also have a continuous mode. There may be a few lamps on the market that are flashing mode only, but I've never seen one, the vast majority have a continuous mode as well, and therefore must either be approved to BS6102/3, or be used in conjunction with one that is.
This is a copy of the email from the lawyer on my insurance legal helpline, the relevant paragraphs are highlighted in red:
"Dear Mr Presta
Following our conversation earlier today, please find below the information as requested:
The following information is taken from the Department for Transport website:
http://www.dft.gov.uk/stellent/groups/d ... 12441.hcsp
The use of lighting and reflectors on pedal bicycles is regulated under the Road Vehicles Lighting Regulations 1989, as amended. The most recent amendment is Statutory Instrument SI 2005 No. 2559 which came into force on October 23rd 2005.
The main effect of the new Regulations was to permit flashing lights on pedal cycles. The flashing lights do however have to conform to certain requirements which are elaborated below.
Obligatory Lighting and Reflectors
Any cycle which is used during the hours of darkness or during periods of
poor visibility MUST be fitted with the following:
white front light
red rear light
red rear reflector
amber/yellow pedal reflectors - front and rear on each pedal.
The lamps may be steady or flashing, or a mixture - e.g. steady at the front and flashing at the rear. A steady light is recommended at the front when the cycle is used in areas without good street lighting.
**If either of the lights is capable of emitting a steady light, then it must conform to BS 6102-3 and be marked accordingly, even if used in flashing mode.**
**Purely flashing lights are not required to conform to BS6102-3, but the flash rate must be between 60 and 240 equal flashes per minute (1-4 per second) and the luminous intensity must be at least 4 candela. (This should be advised by the manufacturer).**
The pedal reflectors and rear reflector must conform to BS 6102-2.
Lights and reflectors not conforming to the BS, but conforming to a corresponding standard of another EC country and marked accordingly, are considered to comply as long as that standard provides an equivalent level of safety.
Lights are NOT required to be fitted on a bicycle at the point of sale - but IF they are fitted, then they must comply with these regulations.
The 2005 amendment regulations can be viewed on the following web page:
http://www.opsi.gov.uk/si/si2005/20052559.htm
Particular attention should be given to the explanatory note at the bottom of the page which refers to an amendment of Regulation 18 as follows:
Regulation 7 amends regulation 18 of the 1989 Regulations so as to exempt obligatory front and rear position lamps which flash and are fitted to a pedal cycle.... from the marking requirements in paragraph 5(c) and (ca) of Schedule 2 and paragraph 5(d) and (e) of Schedule 10 provided they are not also capable of emitting a steady light.
The 1989 Regulations (which have been amended by the 2005 Regulations) can be viewed on the following web page:
http://www.opsi.gov.uk/SI/si1989/Uksi_19891796_en_1.htm
I hope this information is of use, but please feel free to contact us again if you need any further advice.
Yours sincerely"
