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 petitions no. 06-070 et 07-012

WHEREAS, 

 

 

In France, bicycle trailers for towing young children are still not as widely used as in other European countries such as Switzerland, the Netherlands, or Germany. Roughly eight million trailers are sold every year, although with 3.5 million bicycles sold per year France is "in the peloton" in per capita bicycle purchases, behind Japan, the Netherlands, and the United States, but ahead of Germany, Canada, Great Britain, and even China. It is not surprising then, given that commercial development is still limited, that neither the InVS[1] files on injured persons admitted to the hospitals nor the ONIRS[2] files on traffic accidents with bodily injuries have registered any bodily injuries caused by bicycles towing trailers. 

However, a risk analysis shows that the malfunctions of a trailer may have serious consequences for the passengers and sometimes for the cyclist. As the trailer is a vehicle that may reach high speeds, its design must meet several requirements that are very different from the requirements for bicycle child seats or for strollers. Once the trailer is unhitched, wherever it may be (including on a slope), it must not move or topple over at the risk of injuring the passengers and nearby people. Once the trailer is hitched, the bicycle-trailer set must not topple over when it is stopped. The moving trailer whose speed may reach up 50 kilometres per hour when towed by an experienced rider must ensure good road grip on straight lines and curves, regardless of load. As trailers are low slung, they should fly safety flags in addition to standard reflectors so as to ensure their visibility for drivers. In case of collision with a vehicle, trailer frame must be designed to protect children, specifically as trailer height is at about the same level as vehicle fenders.

Considering both the growing sales potential for the products and the safety stakes involved, the Commission initiated a referral procedure proprio motu, on this issue pursuant to its decision of 14 December 2006. Furthermore, the CSC received a complaint from Mr. D, a consumer petitioning about the need for a standard on bicycle trailers (petition no. 07-012).

 

 

In compliance with Article L. 224-4 of the Consumer Code, the CSC held hearings with professionals, i.e., manufacturers, importers, retailers, a federation of cyclists, and a standards organisation.

 

 

During the second half of 2007, the General Directorate for Competition Policy, Consumer Affairs and Fraud Control[3] carried out a national campaign for the control of bicycle trailers to check, among other things, that instructions were included and the signage rules provided for in the regulations were complied with properly. The DGCCRF reported that, due to the bulky size of the product, retailers had only limited stocks. Furthermore, the instructions for use were often written in English or translated very roughly into French.

As pointed out by the Directorate, the sales price of the products on the French market is still high, which may prompt consumers “in certain cases, to do business through the website of a less expensive supplier, located in a European Union Member State.”

The CSC appointed the LNE (French National Testing Laboratory) to buy five two-seater bicycle trailers selected by the former, to determine the characteristics of the trailers sold on the French market, and run tests on the said trailers.

 

 

 

 

Albeit with shortcomings, special texts stemming from road safety and childcare product regulations define the requirements for the design, manufacture, and circulation of bicycle trailers for children.

 

 

Since 2001, the Highway Code has no longer explicitly provided for the possibility of towing passengers in bicycle trailers.

Before 2001, the foundation of the relevant regulations were grounded in Article R. 193 of the Highway Code that forbids all transport of people on bicycles outside of the appropriate devices, “The transport of persons on bicycles, mopeds or light engine-powered quad-bikes is only permitted on seats or trailers that have been specially designed for this purpose and in the conditions provided for in a decree issue by the Minister in charge of Transport, which fixes minimum passenger age requirement.”

However, the conditions for transporting people in trailers hitched to a two-wheel vehicle are licit because they are defined in Article 3 of the Decree of 24 September 1980, setting forth the requirements for transporting persons and a load on motorcycles, engine-powered tricycles and quad-bikes, mopeds, and bicycles, “The transport of more than one person in addition to the rider is forbidden on two-wheel vehicles, except for so-called tandem bicycles, for which the transport of another person is allowed, for vehicles fitted with a side-car or a trailer in which the total number of passengers shall not exceed 2, and for specially fitted vehicles.”

The Commission can only regret that the provisions of the Highway Code per se do not address the permissibility of passenger transport in trailers. When reading the Code, consumers may actually be misled, believing that towing a child in a trailer is liable for a fine under second class offences since article R. 431-5 of the said Code stipulates that passenger transport on motorcycles, engine powered tricycles and quad-bikes, mopeds and bicycles, “is only allowed on a seat that is attached to the two-wheel vehicle and that is different from the driver’s seat.”

Article R. 431-6 stipulates that riders of cycles with more than two wheels and of cycles towing a trailer must never ride side by side on the pavement. Furthermore, according to Article R. 431-9, after the Prefect has issued an opinion on the matter, the law enforcement empowered authority may make it mandatory for the said vehicles to ride only on bicycle lanes or paths.

Bicycle trailers must comply with lighting requirements pursuant to Article R. 318-18, if the trailer hides the reflector or reflectors on the towing vehicle. “The trailer must be fitted with the appropriate device or devices; if the width of the trailer exceeds 1.30 metres, the mandatory number of installed devices is two.” It should be pointed out that the Highway Code does not forbid “installing more” lighting devices since trailers may be fitted with “one or two backup lights emitting white light.” One manufacturer took an interesting initiative by installing a battery recharged by the braking system, which provided 7 hours of power for the lights and blinkers, for an additional €100.00.

For the braking system, no provision makes it mandatory for the trailer to have its own braking system when the bicycle brakes or if hitch system breaks during the ride.

Similarly, the Highway Code makes no safety recommendations for the transport of children comparable to Article R. 431-11 recommendations for bicycle seats which, the same as trailers (see below), are governed by the regulations on preventing risks resulting from the use of childcare items, “Except for so-called ‘tandem’, the passenger seat must be fitted with a tie strap, or at least with a handgrip and 2 footrests. For children under 5, it is mandatory to use a seat fitted with a restraint system and designed for this purpose. The rider must check that the child’s feet cannot be caught between the fixed and mobile parts of the cycle.”

Maximum age requirement for using trailers has not been set whereas it is set at 14 for vehicles other than trailers, such as the “specially fitted vehicles” listed in Article 6 of the Decree of 24 September 1980.

 

 

Since 2004, bicycle trailers have been subject to Decree no. 91‑1292 of 20 December 1991 on the prevention of risks from using childcare items. However, the hearings held by the CSC have shown that applying this legal system (which has no equivalent in the other Member States of the European Union) to bicycle trailers has not yet been fully grasped by industry professionals.

Article 2 of the Decree states that the term childcare item applies to “any product serving to ensure or facilitate (…) transporting, moving or physically protecting children. (…)” The decree assures the safety of children under 4, an age lower than the minimum age requirement recommended in some instructions for trailers, which can be up to 7 years of age.

In a recommendation addressed to manufacturers, importers, and retailers of childcare items and published in the Official Journal of 24 November 1993, the administration had to define the perimeter of what it called “the system set up by Decree no. 91-1292 of 20 December 1991 on the prevention of risks from using childcare items.” The “system” is based on safety requirements, defined restrictively in Appendix 3 of the Decree.

First, it would appropriate to comply with the general guidelines whose wording draws on Article L. 221-2 of the Consumer Code, “the users of childcare equipment and third parties (the cycle rider in this case) shall be protected during the normal or reasonably foreseeable use of the product, against risks to a person’s health or safety:

●         due to the design, manufacture or composition of the childcare items;

●        inherent to product use and that cannot be removed by altering its construction without changing the function or depriving the product of its essential properties.”

More detailed requirements concerning flammability, chemical properties, hygiene and - above all for bicycle trailers - mechanical and physical properties are then listed, such as:

−      Sufficient stability to prevent any risk of overturn;

−      The absence of any fixed or mobile parts likely to cause lesions, shearing, pinching, strangulation or suffocation hazards, which also implies that children’s hands cannot reach trailer wheels;

−      The absence of parts that may be swallowed or inhaled by the child;

−      The installation of an adjustable harness or safety belt whose closing device and adjustment system prevents slippage

The Recommendation states that, “the presumption of compliance with the said requirements may be provided by compliance with French or foreign standards whose references are published in the Official Journal of the French Republic or by obtaining a certificate of conformity delivered after a type-examination by a certified organisation approved by the Ministry in charge of Industry.”

Pursuant to Article 3 of the Decree, to show proof of compliance with the requirements, the professional must affix the information “Compliant with Safety Requirements” visibly, legibly, and indelibly on the product.

Aside from this information, the product must list the name, company or trademark and address of the professional and display the information required to identify the model (Article 5). Mandatory instructions for use must include, “if appropriate, the procedure for assembling the object, the conditions for use, and specifically safety precautions before using.”

To date, there is no French or European standard laying down any safety requirements for trailers, as is the case for children’s bicycle seats, and providing presumption of conformity with the requirements of the Decree. For now, specifications drawn up by a certified laboratory makes it possible to run tests on trailers, in compliance with regulations.

 

 

A draft European standard on trailers is underway. Standardisation work began based on preliminary studies conducted in late 2006, serving to define the safety requirements and test methods applicable to trailers for transporting passengers (regardless of how many passengers) or merchandise weighing 60 kilograms or less.

The work of the CEN (European Committee for Standardisation) Technical Committee TC333 WG1 3 on “cycles”, which is competent in this field, is now underway under the presidency of a German representative, while the German standardisation committee, DIN, is in charge of the secretariat.

Standardisation work will be drawing on the safety requirements and test methods found in the different reference documents that are already used by manufacturers or importers:

−      ANSI (American National Standard Institute) standard F 1975-02 for nonpowered bicycle trailers designed for human passengers

−     German specifications TŰV^[7] used by different laboratories in Germany (Cologne, Munich) or in Asia;

−      French specifications drawn up by the LNE in 2007

 
IV. LNE TESTS

 

The LNE ran the following tests:

 −      Road behaviour exercises with stability and braking tests on a bicycle with a hitched trailer, including braking on curves and on superelevations;

−      Tests to determine trailer static stability;

−      Mechanical tests including obstacle course endurance

−      Endurance tests of hitch system;

−      Rollover tests;

−      Rear collision tests simulating car impact

 The tests were conducted on a test track at the LNE. The trailer was hitched to a 28-inch city bicycle. The bicycle and trailer were ridden by a test pilot and trainer at the Beltoise Evolution driving school. The drills reproduced situations that may occur during a ride with a bicycle towing a trailer.

 

 

a/ Dynamic Stability Tests:

Tight curves, curves with obstacle, three successive swerves to avoid an obstacle

 b/ Braking Tests:

Braking on a bend, on a straight line; route included riding on and off the footpath, over a driveway entrance dip, a drain, and so on. 

 

 

The results can be found the table below. The last successful test is printed in black in the Table for tests with a series of increasingly difficult trials, viz., increasingly tight curves. If the trailer failed the very first test, the result is printed in bold. There are cases of trailer toppling and instability, even at moderate speeds. The pilot also reported that the trailers tend to “push” the bicycle when the braking system blocks the rear wheel. The laboratory was not able to determine the reasons why some trailers toppled over more easily than others.

Read test results (.pdf format)
 When test is “satisfactory”, this means that, overall, trailer behaviour was deemed “normal” during the trial. When test is “non satisfactory”, this means that at least one aspect of trailer behaviour during the trial was deemed “abnormal”.

 

 

The measurement is taken on a tilting platform. Trailer drawbar is attached to the platform at the usual height. The test dummy is seated vertically inside the trailer, in the least safe seat. The platform is gradually tilted, and the angle at which the trailer topples over is noted.

 

The requisite requirement is no parts breakage or visible damage.

 

The purpose of the test is to put trailer drawbar fatigue resistance to the test. The requisite requirement is no parts breakage or visible damage.

 

 This is a static test to put the resistance of the upper part of the trailer to the tests in case of accidental rollover. The purpose is to determine whether the upper part can protect passengers.

 

This is a dynamic test to put the resistance of trailer frame to the test in case of accidental rear impact. The purpose is to determine whether frame can protect passengers. The requisite requirement is that the living space of passenger is not breached.

 
D.  Test Results

Test results, specifically drawbar and hitch system resistance are satisfactory, overall. However, the rear impact test was run a very low speed (5 km per hour), meaning one can assume that trailer frame might buckle at a higher speed.

 

Whereas bicycle trailers for children, products that are still not widely used in France, are a non-polluting and silent means of travel conducive to fostering family and tourist cycling;

Whereas, considering the particular fragility of the transported passengers, i.e., children, the trailer may be especially vulnerable to risks of rollover or impacts with road vehicles;

Whereas to measure the actual accident rate linked to the use of bicycle trailers for children, it would be advisable to have exhaustive and reliable national statistical data to apprehend the special features of bicycle accidents;

Whereas in France, the products are subject to two types of regulations, one on road safety, the other on childcare item safety;

Whereas recommendations special to bicycle trailers for children similar to the ones for bicycle seats, should be included in the Highway Code;

Whereas, in continuation with the Commission recommendation of 16 March 2006 on the prevention of cranial trauma in bicycle riding, making it mandatory for child-passengers on bicycles to wear helmets, would be another step toward improving the safety of all bicycle riders, through the acquired reflex of children, who will have worn a helmet since early childhood, and of the adults who, in support, will have worn helmets when riding with children;

Whereas the regulations on preventing risks stemming from the use of childcare items applies to bicycle trailers, in France;

Whereas tests run by the LNE on a selection of trailers representing the products sold on the French market show that product design could still be considerably perfected, specifically because of frequent overturns even at moderate speeds, and because of collision impacts caused by other vehicles;

Whereas a draft European standard on bicycle trailers is underway; its work is being conducted by the CEN Technical Committee TC333 on “cycles”;

Whereas, aside from product technical improvements, the instructions for use do not sufficiently urge trailer users to exercise sufficient caution and vigilance in every circumstance;

Whereas sellers and rental dealers should inform their customers of the special constraints involved when using a trailer;

 

●        Improve the statistical knowledge of bicycle accidents, and process the count, causes and circumstances, incurred lesions and equipment behaviour of accessories such as bicycle trailers or seats separately within bicycle accident statistics;

●        Integrate provisions on bicycle trailers in the Highway Code, and specifically the definition of the trailer itself, the permissibility of the transport of young children, total load weight, maximum wheel base, the definition of essential safety requirements similar to the requisites for children’s bicycle seats, signalling obligations (safety flag), and night lights;

●       Make wearing a helmet mandatory for all child passengers on bicycles (bicycle seats, trailers or other specially fitted vehicles);

●        Use all the appropriate means to strengthen the information of professionals on the need to comply with the recommendations defined in the regulations on preventing risks from the use of childcare items;

  

 

●        Ensure that the draft European standard on bicycle trailers define the safety requirements and test methods in the following areas:

− Lack of fixed or mobile parts likely to cause risks of lesions, shearing, or pinching;

− Sustained product stability and resistance to constraint according to different predefined speed thresholds:

- On curves with or without obstacles, and on slopes;

- During obstacle avoidance situations;

- In situations where cycle is braking on dry or wet roads and on slopes; the timeliness of a braking system special to the trailer should be studied;

- In situations where vehicle goes over obstacles, such as up and down footpaths, over driveway entrance dips, and other irregularities and planimetric features of the pavements and roadways.

− In case of moderate impact or trailer rollover, maintenance of a living space that is the most conducive to avoiding impact consequences;

− Make it mandatory for trailers to have day and night signalling systems (reflectors, safety flag, and night lights).

 

 

●        Continue their technical studies to prevent trailer overturn;

●        Mount reflectors or any other signalling system, which can be used during the day and night, onto the trailers;

●        Draw up instructions providing trailer limitations and conditions for use, and specifically maximum speed limits, obstacles that should be avoided, methods for obstacle negotiation, careful riding practices, the methods for negotiating curves, how to brake, placing children inside the trailer. The instructions should also recall the advantage of adjusting speed according to place of use and type of pavement, and should list the longer braking distances. Similarly to the requirements for bicycle seats, it should also be clearly indicated that children may only be transported in a trailer if they are able to sit up straight on their own.

●        Retailers and rental dealers should remind their customers before the purchase or the hand-over of the trailer, that riding with a trailer demands caution and skill, and should mention the advice listed in the paragraph above.

  

 

●        Read the instructions and ask advice from retailers or rental dealers on the conditions for use and necessary precautions for trailers;

●        Not ride on roadways, even secondary roads, specifically because of the traffic;

●        Check that their trailer has proper signalling (install reflectors and safety flag);

●        Not install a child who cannot sit up straight on its own in a bicycle trailer;

●        Check that children wear a helmet and are properly belted inside the trailer;

●        Never leave a child alone and unsupervised for a long time in a trailer;

●        Fit the bicycle (or check that it is fitted) with rear-view mirrors so the rider can frequently see the trailer without having to turn around;

●        Be constantly aware than any sudden change in trajectory may cause the trailer to overturn.

 

  

 

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