Australian E-bike Law - Is reprogrammed still legal?

[Tutoh]

Hello,
I'm considering a BBS01 conversion kit for my mountain bike. I was very lucky to speak with an e-bike battery retailer who had a relative's BBS01 converted bike with him in his store and he allowed me to take it for a test ride.
The display unit on this e-bike allowed the retailer to change the speed limit at any time in the options. He changed it from 25km/hr to unlimited and I was able to reach 30km/hr with the pedal assistance. There was also a throttle on the handlebars as well that could be programmed. I believe in Australia, we are allowed a throttle control as long as it does not exceed 6km/hr to assist with walking.

I expect that the BBS01 conversion kit is designed to be 25km/hr pedal assist and 6km/hr throttle only when it leaves the manufacturer. The ability to reprogram must come from the programming cable described in this article.

Bafang BBS01 250w Review - Best street legal conversion kit? - Edrivenet

The Bafang BBS01 250W mid-drive conversion kit is Bafang's only street-legal conversion kit for the EU, UK, and AU. Find out more about it in this review!

edrivenet.com

So my question is, if I have my BBS01 reprogrammed like this retailer's ebike was, is it still legal as long as the speed limit is set to 25km/hr and the throttle to 6km/hr? Maybe I should say, is it still AU compliant?

 

[TPEHAK]

It is legal to make whatever you want with your ebike. It might be illegal to ride some ebikes in some places.

 

[PDoz]

I think the laws vary between states for anything with a throttle , it sounds like you are in NSW and the dealer is setting it up as a power assisted electric bike?

E-bikes | Transport for NSW

E-bikes and petrol-powered bicycles requirements in NSW.

www.transport.nsw.gov.au

If you cross the border into vic , that bike is considered an unregistered motorbike - you'd need less than 200 w if there is a throttle, and I think 20 k cut off ( in which case, it comes under escooter restrictions)

The only national road legal ebike has less than 250 w and a 25 k pedelectric cut off - it no throttle / capability to drive without pedal input. The grey zone is walk assist - most of the mainstream ebikes offer a button with walk assist, this cuts off under 4 k and is extremely low power ( arguably not enough to independently propel the bike , which is why I think they get away with it )

So if your dealer is telling you that bike is legal, get it in writing and get the details of his insurance , then have a good long think about how you feel about attending court if you are involved in an accident where someone is injured. For perspective, if you are injured cycling on the road in vic and not breaking any laws, TAC covers your wages and medical expenses. If you are illegally riding an unregistered electric motorbike, your wages are not covered and you face potential criminal charges. TAC DOES send out inspectors to assess the vehicle sometimes , plus it's a requirement to call the police if someone is injured in an accident so you DO risk facing charges (where I live , a lot of our local cops ride both motorbikes and mountain bikes so they can tell the difference )

Finally, the escooter laws are currently under review between the states - melb has just extended it's escooter hire exemption but the trauma centre hospitals are pushing back. I'm not sure what the feeling is in nsw

 

[Tutoh]

Thanks everyone.
I spoke with the e-bike battery retailer over the phone. I live in Brisbane and this retailer is based near Caloundra.
The Bafang 250W conversion kit that I'm planning on getting allows you to change the speed limit of both the pedal assist and the throttle out of the box. I had assumed that those limits had to be fixed for the kit by the manufacturer so that it was AU compliant and could be sold legally in Australia. But no, you can change it at any time. The programming cable has nothing to do with it and holds a more complex and unnecessary purpose.

Another local retailer has been telling me that the police will never chase you up over a 1000W bafang kit on your bike, even though the heatsinks appear vastly different on those models. I do not trust the "probably will never happen" approach to staying legal.

I guess it is that if I did hit a pedestrian while on this bike, I could secretly tweak the speed limit from 30km/hr to 25km/hr and say "Hey, look, I was riding legally." The 250W is unable to go above 30km/hr on the flat anyway which is fine for the street riding I plan to do.

 

[PDoz]

Thanks everyone.
I spoke with the e-bike battery retailer over the phone. I live in Brisbane and this retailer is based near Caloundra.
The Bafang 250W conversion kit that I'm planning on getting allows you to change the speed limit of both the pedal assist and the throttle out of the box. I had assumed that those limits had to be fixed for the kit by the manufacturer so that it was AU compliant and could be sold legally in Australia. But no, you can change it at any time. The programming cable has nothing to do with it and holds a more complex and unnecessary purpose.

Another local retailer has been telling me that the police will never chase you up over a 1000W bafang kit on your bike, even though the heatsinks appear vastly different on those models. I do not trust the "probably will never happen" approach to staying legal.

I guess it is that if I did hit a pedestrian while on this bike, I could secretly tweak the speed limit from 30km/hr to 25km/hr and say "Hey, look, I was riding legally." The 250W is unable to go above 30km/hr on the flat anyway which is fine for the street riding I plan to do.

If you are hit by a car and unable to adjust those settings, life will become interesting.

Have a good read of the small print if you buy this product, you will notice you are acknowledging it is only legal for off road use on private land. A verbal discussion with the retailer isn't going to help you.

Also, consider how much you can rely on warranty / after sales service from a retailer with this attitude towards laws.