Code of Practice - Pedal Cycles
CODE OF PRACTICE FOR PEDAL CYCLE RECALLS
INTRODUCTION
This “Code of Practice on action concerning Pedal Cycle Safety Defects” (hereinafter referred to as “The Code”), which has been drawn up by the Department for Transport, The Bicycle Association of Great Britain (BAGB) and the Association of Cycle Traders (ACT), in conjunction with the Royal Society for the Prevention of Accidents and the British Standards Institution, concerns cases where pedal cycle and component manufacturers, suppliers, or retailers become aware of the existence of safety defects (as defined in paragraph 3 of this introduction) in products which have been sold in the UK.
The Code deals with information to be given to the Department and to owners in respect of cycles used for social, domestic, leisure, sporting or commercial purposes and to components fitted to the aforesaid as original equipment or sold for use in the aftermarket.
A safety defect is a feature of design or manufacture liable to cause significant risk of injury to the rider of the cycle or to other road users.
THE FOLLOWING ARE OUTSIDE THE SCOPE OF THIS CODE
Any defects which are not attributable to the original design or manufacture of the product,
Defects caused by non-compliance with any reasonable instructions or warnings which accompany the cycle at the point of sale, or are subsequently issued,
Defects caused by abnormal use of the cycle,
Exported cycles. Measures to be taken in relation to these cycles will depend upon legal and administrative arrangements in the country of import.
CASES COVERED BY THE CODE
The cases covered by the Code are those where:-
a; The evidence indicates the existence of a safety defect in the cycle or component.
b; The safety defect constitutes a significant risk of injury to the rider/other road users.
c; Some or all of the cycles involved have already been sold for use in the UK
NOTIFICATION TO THE DEPARTMENT FOR TRANSPORT
The primary responsibility to decide when evidence of a safety related defect amounts to a case notifiable under the terms of the Code lies with the manufacturer, supplier or retailer. No fixed numerical limit can be specified as the decision must also take account of the safety significance of the defect. The Department will be notified as soon as the manufacturer supplier or retailer has concluded that there is evidence of a safety defect which requires remedial action.
The manufacturer, supplier, or retailer shall at that stage indicate;
The nature of the defect and the estimated numbers of cycles involved,
The safety significance of the defect,
The action planned to remedy the defect.
In cases of doubt the manufacturer, supplier, or retailer should consult the Department for Transport.
The Department may require a manufacturer, supplier or retailer to provide the name of a recall co-ordinator responsible for dealing with campaigns to recall cycles.
In cases where the defect appears to originate from a fault in a component produced by another manufacturer, that other manufacturer shall be also notified and the Department advised accordingly.
The manufacturer, supplier or retailer will also inform the Department of all subsequent decisions on remedial action. This includes cases in which component manufacturers are involved, unless in the circumstances of the case it is agreed between the cycle and component manufacturer that all remedial action will become the responsibility of the latter who should keep the Department informed.
Manufacturers, suppliers or retailers will notify the Department at three monthly intervals for a period of at least 18 months, the response rates of all Code of Practice recall campaigns.
INITIATIVES BY THE DEPARTMENT IN PARTICULAR CASES
The Department may wish to seek information from a cycle or component manufacturer on safety defects which have been brought to the Department’s notice. In these cases the manufacturer, supplier, or retailer will supply all known relevant information.
The primary responsibility for deciding on remedial action lies with the manufacturer, supplier or retailer but the Department may, at its discretion, put its own views on this.
NOTIFICATION OF CYCLE OWNERS
As soon as a decision has been made by the manufacturer, supplier or retailer on the action to be taken to deal with the safety defect, the manufacturer, supplier or retailer will take all reasonable steps to notify owners of the cycles affected. The manufacturer, supplier or retailer should use the most appropriate means to advise owners to take cycles to a dealer for the purpose of examining and, if necessary rectifying, without charge, any components or assemblies which are part of the remedial action of the recall.
A press release may improve the users response to or awareness of, campaigns; and therefore the manufacturer supplier or retailer will be expected to consider use of the media to improve the responses to campaigns.
PUBLICATION BY THE DEPARTMENT OF INFORMATION ON CYCLE DEFECTS
The Department reserves the right, under Ministerial Authority, to publish at any time any information of which it is notified, where this seems necessary in the public interest.
Before doing this, the Department will consult the manufacturer, supplier or retailer concerned, and will not disclose publicly information on matters of commercial confidentiality, unless there appears to be an overriding safety considerations. The Department will also prepare and issue at regular intervals, summary information agreed with manufacturers, suppliers or retailers on action taken on cases notified under this Code. The Department will normally refer to a manufacturer more specific requests on particular cases.
FURTHER INFORMATION
This Code of Practice is drawn up and has been revised as a consequence of the implementation of Directive 2001/95/EC on general product safety and the General Product Safety Regulations 2005 and is not intended to interpret, qualify or supplement English Law.
You retain your rights under the Regulations and copies can be obtained from The Stationery Office
Any further information is obtainable by contacting VOSA via the details provided below.
This Code of Practice is produced in tandem with the VOSA Guide to Recalls and acknowledged within the Europe Recall Guide.
For Further Information Contact: Vehicle Safety Branch, Vehicle and Operator Services Agency, Berkeley House, Croydon Street, Bristol, BS5 ODA. Tel: 0117-9543300 or www.vosa.gov.uk
Document Reference: VSBCOP003 Issue: 1 (03/07) Origin: VSB1 Document Review Date: 08/2007 |
Document History
Issue 1 - March 2007
Page last updated: 14/01/2009