Dear Mrs Voisin,

Thank you for your Regulation 28 report of 25 June 2024, regarding the death of Mr Abdul Jabar Oryakhel. I was very sorry to hear about his death, and I send my sincere condolences to his family and friends. I have considered your report carefully and the matters of concern you raised to help prevent similar deaths in the future. I set out my thoughts below. In your report you state that: “There appears to be a lack of understanding of the dangers with lithium-ion batters used for e-bikes and e-scooters. I understand that there is currently no British or European (e.g. BSI or PAS) standard to control what lithium-ion e-bike batteries and chargers can be sold in the UK. From what I am told there is an increase in the number of people buying and using e-bikes and e-scooters. I am aware that other coroner’s have written similar reports but this only goes to emphasise that preventable deaths continue.” The Department for Transport, the Home Office and the Office for Product Safety and Standards have worked together to understand the issues with lithium-ion batteries and have all published guidance for users of e-cycles and e-scooters on battery safety. The DfT guidance, published in February this year and concerning the safe purchasing, use, charging and storage of batteries can be viewed on the following link:

scooter-safety

The Home Office-maintained “Fire England” website, containing advice on safe charging of e-cycle and e-scooter batteries, can be viewed on the following link: www.fireengland.uk/news/how-keep-your-home-safe-when- charging-your-e-bike-or-e-scooter Consumer safety information on e-cycle and e-scooter batteries, published by the Office for Product Safety and Standards, can be viewed on the following link: www.gov.uk/government/news/opss-publishes-consumer-information-on- e-bike-and-e-scooter-battery-safety In addition to these published materials, Fire and Rescue Services have sought to actively promote fire safety messaging on e-cycle and e-scooter batteries. The London Fire Brigade’s “Charge Safe” campaign is an example of this, and can be viewed on the following link: www.london- fire.gov.uk/chargesafe. Avon Fire and Rescue have also published safety information, and this can be viewed on the following link:

The Office for Product Safety and Standards has commissioned research from Warwick Manufacturing Group to better understand the safety issues associated with the lithium-ion batteries. The outcome of this research, coupled with research from the Department for Transport on how future regulations on e-scooters could be developed (and which contains a section on battery safety) will inform any further action from government. Both pieces of research are scheduled to be published later this year. I am aware you have also written to the Office for Product Safety and Standards. The safety and enforcement of consumer products, and the role of standards, is part of their remit, and I anticipate they will be best placed to respond to you on this point. Pending the outcome and publication of the research referred to above, we have concluded that there is no additional action that would be appropriate for the Department for Transport to take at this stage.

Dear Mrs Voisin, Thank you for your Regulation 28 Report to Prevent Future Deaths, dated 25 June 2024, following your investigation and inquest into the death of Abdul Jabar Oryakhel, who died on 25 September 2022 whilst escaping a fire caused by an overheating lithium-ion e-bike battery pack. I was very sorry to hear of Mr Oryakhel’s death. If you have the opportunity, please do pass on my deepest sympathies to his family and friends. The Office for Product Safety and Standards (OPSS), within the Department for Business and Trade, is the UK’s national product regulator, and the safety of e-bikes, e-scooters, their batteries and associated products is a top priority for us. In early 2023, OPSS began a dedicated programme of work to better understand and tackle the causes of product safety issues in these products in response to the growing number of incidents being reported. This programme is aimed at protecting consumers through better understanding of risks from lithium-ion batteries and how product components interact; increasing business compliance through regulatory advice and action; and issuing clear safety messages to consumers to raise awareness of risks. In addition, OPSS has a programme of work addressing the sale of non-compliant products made available through online marketplaces, often by third parties based overseas. Lithium-ion batteries and chargers are subject to UK product safety laws. Lithium-ion batteries must comply with the requirements of the General Product Safety Regulations 2005, while battery chargers are subject to the requirements of the Electrical Equipment (Safety) Regulations 2016. These regulations place obligations on manufacturers and importers to only place safe products on the UK market. In addition, distributors, including online marketplaces when they undertake the activities of distributors, must not make available products they know, or should know, are unsafe. OPSS and Local Authority Trading Standards have powers to take action where these requirements are not met. Over the last two years we have undertaken regulatory interventions in this area, such as serving withdrawal notices to require the removal of dangerous models of UPP- manufactured e-bike batteries from the market. We are using data and intelligence to

The Office for Product Safety and Standards (OPSS) delivers consumer protection and supports business confidence, productivity and growth. It is part of the Department for Business and Trade. gov.uk/opss target unsafe and non-compliant goods, including coordinating product removals with Local Authority Trading Standards teams working at the border. Since 2022, OPSS has published information regarding 18 product recalls, and 20 other regulatory actions, relating to e-bikes, e-scooters and associated products. We have carried out inspections of technical product documentation and quality assurance processes for more than 90 UK-based businesses involved in the manufacture or supply of these products, to check their compliance. Working with local authorities, we launched a new programme this year to reach small UK businesses that repair or modify e-bikes, e-scooters or their batteries, to ensure these businesses are aware of and comply with the regulations that apply to them. We also work closely with fire and rescue services and have established a system for them to report any fire incidents that involve products in real time, so we can gather intelligence and when necessary, take appropriate action in relation to the products involved. In your report, you have raised a concern over a lack of understanding of risks in this area and the lack of a specific British Standard for e-bike batteries and chargers. Our research and evidence points to complexity with the products and associated components, which may be safe when placed on the market but may become unsafe if modified or if non-compatible replacement batteries or chargers are used. As part of our e-bike programme, OPSS commissioned a research study from Warwick Manufacturing Group (WMG) into potential hazards and risks from e-bikes and e- scooters, including their batteries. This includes compatibility issues as well as an assessment of all relevant standards, to identify any areas where changes to voluntary standards could assist businesses to comply with the law. We expect the research to be published soon, once it has completed independent peer reviews. While the creation of new voluntary standards is a matter for the British Standards Institution (BSI), we will carefully consider any relevant recommendations made by WMG. OPSS has already commissioned BSI to develop a Publicly Available Specification for e-bikes, e-scooters, their batteries, conversion kits and related products, which we hope to be in place in the next 18 months. OPSS has previously designated, with restrictions, the standard BS EN 15194 for e-bikes, which gives products that meet the standard a presumption of conformity with the law (except in regard to the clauses restricted under the designation). However, whether businesses choose to follow a standard remains voluntary, and they must still meet all their obligations in law. OPSS has also been actively raising awareness of the risks that these products can pose. In December 2023, OPSS published a Government safety message on e-bikes and e-scooters with recommendations on the steps consumers can take to reduce fire risks if they purchase, use or charge an e-bike or e-scooter. The steps include always following the manufacturer’s instructions for charging and using the products; checking and only using the manufacturer’s recommended battery and charger; never attempting to tamper with or alter the battery or charger; and unplugging the battery when charging has finished. We are planning a new safety campaign with consumer messaging on purchasing e-bikes and e-scooters, which we expect to be launched in the autumn.

The Office for Product Safety and Standards (OPSS) delivers consumer protection and supports business confidence, productivity and growth. It is part of the Department for Business and Trade. gov.uk/opss OPSS has also joined up with other Government Departments to support consumer safety messaging for e-bikes, including Department for Transport guidance, published in February this year: www.gov.uk/government/news/new-guidance-to-enhance-e- bike-and-e-scooter-safety and ‘Fire England’ guidance published by the Home Office last year: www.fireengland.uk/news/how-keep-your-home-safe-when-charging-your- e-bike-or-e-scooter. OPSS is engaging with major gig economy delivery firms, such as Uber Eats and Deliveroo, to encourage wider dissemination of safety information about e-bikes and batteries to delivery riders and couriers, who are key users of these products. Regulating new and emerging markets, as well as new models of supply, does present challenges. The Government has recently introduced the Product Regulation and Metrology Bill into Parliament with a view to allowing the UK to better respond to new product risks. The Bill is designed to give Government access to new regulation- making powers to regulate new or innovative products, to regulate products being made available via new and emerging business models including online marketplaces, and to ensure that online marketplaces have clear responsibilities for supplying safe products. The safety of e-bikes and lithium-ion batteries remains a high priority for OPSS and we believe the actions outlined above will make a material difference to consumer safety in this area. Thank you again for raising these important issues. I would be grateful if you could share a copy of this letter with colleagues who may find it useful. Kind regards,

Chief Executive OPSS

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12th September 2024 This information has been prepared by the West of England Combined Authority’s Transport Team in response to the Regulation 28 Report to prevent future deaths issued on 25th June 2024 by M. E. Voisin, HM Senior Coroner for Avon. A Regulation 28 Report to Prevent Future Deaths was sent to the West of England Combined Authority, requesting a response. In particular, to provide details of action taken or proposed to be taken, setting out the timetable for action, or otherwise explain why no action is proposed. The report concerned the investigation into the death of Abdul Jabar Oryakhel. The deceased died trying to escape from a fire in his flat caused by the overheating and ignition of a lithium-ion battery pack used for an e-Bike that was stored in the property. The e-Bike in question was not connected with the eBikes available for rental through the West of England’s contracted supplier. Coroner’s concerns:
• Apparent lack of understanding of the dangers with Lithium-ion batteries used for e-bikes and e- scooters.
• That there is currently no British or European (e.g. BSI or PAS) standard to control what lithium ion e-bike batteries and chargers can be sold in the UK.
• That there is an increase in the number of people buying and using e-bikes and e-scooters. Response of the West of England Combined Authority Specific actions to address the concerns raised by the Coroner do not lie within the strategic functions of the West of England Combined Authority. The areas of concern require national government action in the first instance, through legislation and regulation. Further information In July 2020, the Government passed legislation allowing trials of electric scooters (e-scooters) on the public highway. Prior to the legislation, the use of both privately owned and rental e-scooters was prohibited on the public highway, and only permissible on private land with the landowner’s permission. To run an e-scooter trial, local/regional authorities needed to make a successful application to the Department for Transport. The West of England Combined Authority applied and was successful. Following the successful application, the West of England Combined Authority procured a concession contract for e-scooter rental services. The concession contract was awarded and operations commenced from October 2020.

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In January 2023 the West of England Combined Authority re-tendered the concession contract, with the additional scope of e-bike and e-cargo bike rental services (in addition to e-scooters). Following an open procurement, the Combined Authority awarded the new contract. By November 2023 the new contract was fully operational and is still running. The contract defines two types of vehicle rental and associated battery charging:
1. On-street rental: Customers rent a vehicle “on-street” using a smartphone which remotely unlocks the vehicle and enables it to be ridden. Vehicles can only be ridden and returned within a designated area within the West of England region, restricted to the public highway. When a rental is finished, the vehicle is de-activated and can only be used again by a customer using their smartphone. It is considered theft if members of the public remove a vehicle from the public highway. Vehicle batteries are charged by the operator (i.e. Voi or Tier) using a “battery swap” method. The battery swap method involves the operator replacing depleted batteries with newly charged batteries. Batteries are charged by the operator at a warehouse.

2. Long term rental (e-scooter only): Customers apply to the operator to rent an e-scooter on a long- term rental (LTR) basis. The operator delivers the e-scooter to the residence of the applicant and provides them with the vehicle, charger, and an information pack. The customer is charged a monthly fixed fee for the rental of the e-scooter, and the customer is responsible for vehicle storage and battery charging.

However, as of 6am Tuesday 3rd September 2024 the Long-Term Rental service for e-scooters has been paused. Users have been asked to leave their vehicles outside for collection. At 6am Wednesday 4th September 2024 the e-scooters were remotely switched to maintenance mode to prevent use. The contractor then began the process of recovering the e-scooters.

No event has occurred that led to the pause in service. Rather, the contractor’s Health & Safety and Vehicle Product teams have reassessed the risks associated with users charging the e-scooters at home. Given the potential impact of the risk, the decision was taken to pause the service and explore mitigations before potentially reintroducing. Being permitted as part of the national e-scooter trial, the Department for Transport have said that the resumption of the service could only take place if both they and the Combined Authority are comfortable with the risk assessment and any mitigations in place. What actions the Combined Authority has taken in the past to mitigate the risks of home-based lithium-ion battery fires The West of England Combined Authority believes the provision of the on-street rental e-scooter service (and now with e-bikes and e-cargo bikes), is providing a legal, convenient and affordable

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alternative to private ownership of similar vehicles. For some people this will have reduced the need (and therefore the actual number), of privately owned vehicles kept at home, and therefore reduced the chance of home-based lithium-ion battery fires. What actions the Combined Authority will take in the future to mitigate the risks of lithium-ion battery fires in homes The Combined Authority is continuing to participate in the national e-scooter trial. Through this, the Combined Authority can contribute evidence of e-scooter (and now e-Bike) usage, making the case for legislation and regulation that safely incorporates e-scooters into the transport system. The Combined Authority is also able to work with Tier to communicate best practice in terms of safe e- scooter use (including charging) and demonstrate the benefits of high product safety standards.

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