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What's the difference
between legal and BS approved?
We're often asked the question as to whether or not flashing
LED's (Light Emitting Diodes) are legal in the UK? The answer
is that if they are the sole form of lighting, even if they are
BS Approved, they are still not legal.
So that's the bad news and here's a little bit more. Many LED
lights and high-performance filament front lights, are not BS-approved.
This is due to an obscure 'loophole' in the legal documentation,
but it's a technicality as there is no denying that the intent
of the law, certainly since April 1995, is to legalise LED lights
that are BS-approved.
So,
a small word of caution, if you see an LED light that states
it is 'legal' - it's not! If it says it is BS Approved, this
means it has been approved against a strict set of standards
- BS6102 Part 3 and is fit for purpose but, it is still not legal!
Knightlite were the first to produce an LED rear light that
conformed to BS 6102/3. Many others have followed and there is
now an excellent selection of BS-approved LED rear lights available,
as well as others with equivalent accreditation. Click
here for a wide selection
For those who wish to read more, the main documentation relating
to these issues are the Road Vehicle Lighting Regulations 1989,
plus any subsequent amendments and the British Standard 6102
part 3. This BS relates to 'visibility lighting' and was further
amended in 1995.
Flashing red LED lights have now reached the stage where they
are seen as symbolic of 'cyclist'. This could be said to be a
good thing, but it still does not make it legal in the eyes of
the Law. Some cyclists get around the issue by wearing the flashing
light on their clothing.
The use of LEDs in the form of a steady light seems well accepted,
yet the position in law is confused. To quote from a letter from
the Department of Transport dated 23 October 1995,
"The Road Vehicle Lighting Regulations 1989 require cycles
to be fitted with certain obligatory lights if used at night.
Obligatory lights fitted to new cycles must be 'e/E' approved
or comply with British Standard BS 6102 Part 3 or with a standard
providing an equivalent level of performance." BS 6102 part
3 was amended in 1995, and now recognises the LED as a legitimate
light source - prior to then only filament bulbs were acceptable.
However another letter from the DoT dated 11 March 1996 refers
to "the latest version of BS6102 part 3 (which the lighting
regulations do not currently recognise)".
Note however that the letter also
states that "the Regulations
do permit cyclists to fit non-approved lights to their cycles
if they are in addition to the obligatory approved lights." On
this basis LED lights can be used as 'secondary' lighting; unfortunate
when you consider their superior performance.
Some
are concerned about the colour of LEDs that can be used on the
front of a cycle. The 1995 letter states - "Regulation 11
of the Road Vehicles Lighting Regulations 1989 strictly controls
the colour of light that may be shown to the front and rear of
vehicles. In general, only red light may be shown to the rear
and any other colour than red to the front." However blue
lights are prohibited on any vehicle other than emergency vehicles.
But green or yellow lights do appear to be acceptable at the
front.
Therefore to abide by the law as it stands, strictly speaking
you must use cycle lights that are not very effective compared
to some of the high performance lighting systems available. Some
people get around this by carrying two sets of lights, one 'legal'
and one 'high performance'. In practise however there are very
few recorded instances in the UK of a cyclist with technically
illegal lighting, falling foul of the police or the legal processes.
Generally the police seem appreciative of any cyclist using effective
lighting, as opposed to using non at all.
For some however the most serious issue is their status in law
in the event of an accident. It is felt by some that an astute
lawyer could point to the use of a non-legal lighting setup to
undermine a cyclist's position in any ensuing compensation or
insurance case.
The practicalities
If you are now utterly confused here is some practical experience,
but please do not interpret this as anything other than such.
There is no doubt about it that the most effective form of lighting
system currently available uses LED's. Infact one advert I have
seen claims a cyclist can be seen from 2000 feet in the air when
using a particular red flashing LED. Personally I'd rather be
seen from 50 yards up the road, but then that's another issue
and a very old joke.
Personal experience has shown that most members of the constabulary
seem to 'turn a blind eye' to a cyclist who has one blinking
LED, combined with a second LED set on solid. I have personally
used this form of lighting now for many years and have never
fallen foul of the law. However at the end of the day, this is
my choice because, as the Law stands, I am breaking it, sorry
Guv.
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