Commission de sécurité des consommateurs

 

 

HAVING REGARD TO the Consumer Code and specifically Articles L. 224-1, L. 224-4, R. 224‑4 and R. 224-7 to R. 224-12

HAVING REGARD TO petition no. 06-035 A

 

Whereas

  

 

In April 2006, the CSC was informed of two 17 and 18 year-old men’s fatal accident. They had been driving two-wheel pocket bikes on a public thoroughfare at night when they crashed headlong into each other at over 100 kilometres per hour. They were driving in the dark, as the vehicles were not equipped with headlights.

 

At the CSC’s request, in late 2006 the Institut de Veille Sanitaire (InVS, the National Institute for Public Health Surveillance) retrieved information from its database on everyday life accidents (ELA) that showed than in 2004 and 2005, 28 accidents resulting in hospitalisation involved mini-motorbikes (89.3% of the falls caused head injuries to 35.7% of the victims). Sixty point seven percent of the accident victims were under 10.

 

Some of these vehicles are authorised to drive on public thoroughfares, a hazardous enterprise for the driver considering the small size of the bikes. An example of the fact that the vehicles are not appropriate for road traffic: the CSC was informed that on 2 June 2006, in a car park in Biarritz, a driver hit a person on a DB125H mini bike (sold by France Masai in France) as he was backing out as he could not see the mini-motorbike driver in his rear-view mirror. The mini-biker was slightly injured.

In these conditions, the Commission issued a self-petition on the issue of mini motorbike safety, at its 6 July 2006 session.

 

The Commission’s investigation took place during a particularly sensitive situation regarding the safety of engine powered two-wheel vehicles. Despite advances in accident prevention (mandatory helmet, speed limit, implementation of road safety school certificates, among others), mini-motorbike driving is still very hazardous in France. In 2005, 24% of fatal road accident victims had been driving a two-wheel vehicle and one-third of the deceased were minors. The situation is also very alarming because, unlike mopeds, light motorcycles (cylinder capacity from 50 to 125 cm³) sales are steadily rising (+13.5% from 2004 to 2005; +31% from 2005 to 2006), as a reaction to traffic and parking problems in urban areas.

Throughout the investigation, the Commission observed that the definition of the different types of mini-motorbikes was imprecise. After cross-referencing the various technical, commercial and historical explanations linked to the development of the mini-motorbike market that were provided to the CSC by the different stakeholders, and in the absence of any legal definition of the said vehicles, the CSC drew up a classification that was the basis for this investigation.

Today the term mini-motorbike applies to very different vehicles, depending on their uses, which range from supervised competitions to leisure off-road driving. As mini-motorbikes surfaced in the seventies in the closed circle of motorbike races, they first circulated among ‘enlightened’ amateurs; more recently greater numbers of copies of the major mini-motorbike makes manufactured in China or Korea have appeared. The success can be explained by the price of mini-motorbikes, whose quality is relative, i.e., on average, they cost ten times less than the vehicles they copy, as well as by the fact that they are sold on the Internet, meaning they can be directly bought from an importer and delivered to the home. On the wave of their rising popularity, new types of mini-motorbikes, which are not designed for racetrack driving or for any off-road use, have been marketed.

 

The Commission’s classification is broken down into 5 categories, to describe the market:

 

This term is commonly used for mini motocross motorcycles learning bikes for children. They are named after the first vehicle of this type that Yamaha marketed some thirty years ago. With cylinder capacity ranging from 50 to 80cm³, the bikes have several safety devices (chain guard, block transmission, automatic clutch, variable maximum speed from 25 to 50km per hr, etc.). Sale price is about €1,500.

They were originally designed by racing motorbike parts dealers to enable drivers to travel between the different pits at a racetrack. The vehicles, which were for adult motorbike amateurs, became a sports category in their own right, first in Japan and later in Italy in the nineties, with the set-up of federations and the organisation of races. A dozen specialized manufacturers now exist in Europe. They have deployed authentic skills and expertise in the field. Vehicle cylinder capacity ranges from 35cm³ to 49cm³ and prices from 1,500 to 3,000 euros.

 

Recent vehicles, that are versions or copies of the above categories include:

According to makers, they are for children, teenagers, and young adults. Unlike peewee bikes, they have no safety devices. Saddle height ranges from 50 to 60 centimetres and handlebar heights from 60 to 70 centimetres. Engine cylinder capacity ranges from 50 to 110 cm³. The Internet sales price for the vehicles starts at 150 euros.

Dubbed ‘Chinese’ bikes by pocket bike federation members, these are copies of racing pocket bikes but have nothing to do with pocket bikes in terms of manufacturing quality and performance. Cylinder capacity is at about 49cm³, saddle height ranges from 30 to 40cm and handlebar height is at about 50cm. Prices range from 99 to 250 euros.

Some are approved under the commercial name of ‘roadie mini bikes’. They belong to the moped category of two-wheel vehicles as defined by the Highway Code. They include various motorbikes such as mini-customs, mini-choppers, mini-scooters, and mini-side-cars. However, most of them are not approved and cannot drive on the road contrary to what their equipment might suggest (road tyres, headlights, horn, and so on).

 

 

 

For the past two years, the arrival of low-cost mini-motorbikes on the consumer market has fuelled a craze and powered a sales explosion: in the United Kingdom 10,000 units were sold in 2003, 100,000 in 2005; there are about 40,000 mini-motorbikes in France today.

 

Several new operators have appeared on the market. All-purpose equipment importers, import companies created ad hoc or even non-incorporated individuals are now on the market alongside Chinese, Korean or Taiwanese manufacturers and fitters that produce mini-motorbikes in accordance with the legal licences they own, or mini-motorbike copies.

 

Numerous mini-motorbike retail channels now exist: aside from individual resale networks, there are motorbike and part dealership networks, all-purpose superstores, sales or auction sites on the Internet, and special offers or gifts at fairs, open-air markets or sporadic marketing events.

 

Manufacturing quality issues regarding the new generation motorbikes are not the only reason for the accidents and improper uses that have occurred, there is also their low sales price that has attracted new consumers. The latter are not engine-powered two-wheeler amateurs; they are merely looking for thrills. They are mainly children, teenagers, or young adults who exercise no moderation and do not have the ethics or technical knowledge required for safe moped practice.

 

In their defence, the supply of driving terrains for mini-motorbikes has not kept up with the growing number of vehicles. Karting circuits or motorbike tracks, the customary locations for driving the vehicles, are simply not big enough to accommodate the new uses.

 

Biker federations have been slow to appreciate the phenomenon for what it is and have only just begun to sensitise young people to the need for sensible motorbike driving, by offering appropriately priced licences and increasing track-driving opportunities.

 

 

Up until 10 July 2006, mini-motorbikes, as sports vehicles that are not for road driving, were not included in Directive 2002/24/EC of 18 March 2002 relating to the type approval of two or three-wheel motor vehicles. As leisure products, they were only regulated by the Directive 2001/95/EC of 3 December 2001 on General Product Safety.

 

After several Member States of the European Union drew the European Commission’s attention to the accidents and numerous product recalls compiled in RAPEX (Rapid Alert System), on 10 July 2006, the Commission made the following observation on the legal status of mini-motorbikes:

“Mini-motorbikes with combustion engines that are not intended for road use are within the scope of the Machinery Directive. They are also subject to the Community legislation on electromagnetic compatibility. In addition, since mini-motorbikes are products intended for consumers, certain provisions of the Community legislation on general product safety are applicable.”

In Annex I on essential health and safety requirements relating to the design and construction of machinery, the Machinery Directive states that the manufacturer must,

The products must be marked with the CE Marking and are then presumed compliant with the safety requirements of the Directive.

The Directive on General Product Safety applies to all the points that are not covered by the Machinery and Electromagnetic Compatibility Directives, and specifically to matters concerning recall procedures and non-compliant product withdrawal.

 

 

 

Mini-motorbikes intended for road use, like every engine powered two or three-wheel vehicle, have to undergo the type approval procedure in compliance with the terms of Article R.321-11 of the Highway Code. However, the approval, called “EC European type-approval” does not concern racing vehicles or any vehicle intended exclusively for off-road use. The approval procedure consists in verifying the conformity of vehicle model and vehicle components or technical units with the provisions of Directive 2002/24/EC of 18 March 2002 and of the Directives it refers to, which details the technical characteristics of vehicle components and of the entire vehicle once it has been assembled, so that it can be approved for sales and driving on European Union roads.

Type-approval may be done in any Member State of the European Union on the same bases. However, it would seem that the interpretation and implementation of the Directives vary widely from one country to the next.

The use of type-approved two wheel vehicles is subject to the ownership of attestations, patents or licences matching the legal category of the vehicle:

 

When mini-motorbikes and other two-wheel vehicles are not type approved or are not intended for type-approval, their driving requirements are regulated by Law no. 91-2 of 3 January 1991 on the circulation of land vehicles in natural areas, amending the Code of Municipalities, which serves to preserve natural areas against the spreading use of off-road engine-powered vehicles.

 

Article I of the 1991 law lays down the principle that engine powered vehicles are prohibited from circulating off the roads classified as belonging to the State’s public thoroughfares and off the private roads open to the public traffic of engine-powered vehicles. In other words, mini-motorbikes without type-approval are forbidden to travel off the - public or private - roads open to public traffic.

 

 

Two sports federations organise supervised mini-motorbike driving and regional or national racing events: the Fédération française de motocyclisme (French motorcycling federation) and the Union française des œuvres laïques d’éducation physique (secular French union for physical education). To qualify for participation in the activities, the drivers and vehicles must meet several requirements defined by federation regulations.

In these conditions, mini-motorbike racing is not a very accident-prone event although falls and vehicle pile-ups are sometimes impressive. Properly protected pilots and their vehicles slide away from one another while the risk of crushing is limited because the vehicles are lightweight.

 

 

 

 

 

The Commission wanted to have tests run on the vehicles marketed in France after the European Commission took a stand on the legal status of mini-motorbikes. The tests were to check the conformity of mini-motorbikes with the requirements of the Machinery Directive and assess their roadworthiness in reasonably foreseeable conditions of consumer use. Conformity with electromagnetic compatibility requirements, which only pertains to the few vehicles with electronic starters, was not tested. The Laboratoire national de métrologie et d’essais (LNE, national testing laboratory) and Beltoise Evolution were jointly assigned to run the tests.

 

A visual examination evidenced assembly defects for some mini-motorbikes (two front tires at the front and rear, improperly aligned brake callipers, loose nuts), mechanical problems (twisted yoke, broken fender) due to negligence before vehicle delivery or to the poor quality of the components that prevented proper assembly (excessively fragile materials) for some mini-motorbikes. The handlebars or safety hoods had not been mounted on some of the delivered products, some came with no tools and others without assembly instructions.

 

Furthermore, the intended use for some of the vehicles may cause confusion. It was reported that one dirt bike had been mounted with plain tread tires, making it unusable for off-road driving that is, however, its normal purpose. Similarly, a headlight and horn mounted on a motorbike that is not intended for road use may lead misinformed consumers to believe they are allowed to drive on the road. This is specifically the case for the mini-motorbikes that are copies of road-legal vehicles (scooters and choppers) that are not intended either for racetracks or cross-country terrains.

  

 

Mini-motorbikes (except for the reference mini-motorbike) were controlled based on the specifications listed in Annex I of the Machinery Directive. Aside from the specifications on marking, some fifty points were checked. For various reasons, none of the controlled mini-motorbikes turned out to be compliant with the Machinery Directive.

 

In terms of safety, even if a mini-motorbike, which has not been type-approved for road use (which is commonly the case), displays CE marking, chances are that it does not meet numerous requirements of the Machinery Directive.

With use, consumers are imperfectly protected against several risks: burns, wounds and cuts after driver’s fall, trauma caused by jutting parts such as unprotected brake handles, and so on, and problems turning the vehicle off because there is no cut-out switch or it is improperly placed.

 

 

The tests involved simulating different driving situations to assess the power and actual speed of the vehicles, their braking capacity (at maximum speed, at 40 km per hr., on dry and wet roads, on curves and gravel), and driveability. They also tested vehicle resistance in situ and the general impression experienced by a professional pilot when driving the vehicles:

- Speed sometimes exceeded the regulatory 45 km per hr

- Braking capacity was inadequate for the above speeds and, at the same speed, lower than motorcycles with 125cm³ cylinder capacity.

- Limited driveability due to design defects and the fragility of some components

- Limited mechanical resistance

 

 

 
THE PUBLIC AUTHORITIES

 

 

 

 

 

Ask for the design of two European standards for mini-motorbikes. One should define the safety requirements special to motocross learning bikes for children. The other should apply to adult vehicles; both standards should include the following points:

 

-         Minimum age requirements for use, based on objective data

 

-         Maximum speed, by manufacturing vehicles appropriate to user capacities and skills

 

-         Manufacturing recommendations for the following purposes:

 

[    Limit mechanical hazards (forbid cutting parts and mechanisms likely to catch, crush or shear a body part)

 

[    Ensure vehicle control (starter devices, braking efficiency, and so on)

 

[    Limit burn and fire hazards (exhaust pipe, fuel system, and so on)

 

-         Use recommendations and specifically:

[     Individual protective equipment required for mini-motorbike use

[     Conditions for vehicle use (driving terrain)

 

-         A method enabling the assessment of user physical and motor abilities to control such vehicles

 

-         All the required information for vehicle tuning and maintenance

 

 

 

 

 

 

·         Without waiting for the publication of standards and in compliance with the provisions of the applicable directives, design mini-motorbikes whose characteristics and ergonomics meet the following recommendations, among others:

-         Quality of the materials: unbreakable plastic like the one on motocross motorcycles, good quality fastenings for suitable assembly

-         Brake-control levers equipped with protective knobs to prevent lesions or perforations

-         Safe chain mounted either with total protective cover or with partial protective cover similar to the one on racing motorbikes

-         Side kickstand that should not, once it’s up, touch the ground especially when vehicle goes around curves

-         Folding footrests equipped with retraction springs so they return to initial position

-         Engine cut-out switch on the handlebars, preferably on the left side

-         Tires suited to intended use, plain tread tires should be exclusively for racetrack driving

-         Delivered vehicle is mounted and tuned

 

·         Before purchase, provide consumers precisely and exhaustively with all the required information for vehicle use and maintenance

 

 

 

4. CONSUMERS

 

 

 

 

 

 

 

 

 

 

The full recommendation on this topic is 21 pages long. It includes the petitions, the applicable standards, accidentology in France and abroad, a technical and regulatory study, and the minutes of the hearings.

The full version in French can be found on the CSC website at: