IMPORTANT: NEW REGULATIONS ON THE SALE OF MOTORBIKE BATTERIES
From 1st July 2018 all motorbike batteries must be filled by the retailer before being sold to a member of the public in the UK who does not possess a valid Explosives Precursors and Poisons (EPP) licence.
New changes to UK legislation mean that from 1st July 2018 it will be illegal for a member of the public to buy or possess a motorbike battery that is supplied with a separate acid pack without them holding an EPP licence.
Why is this taking place?
In response to recent events sulphuric acid has been reclassified from being a regulated substance, to an explosive precursor: a chemical used in the illicit manufacture of explosives. Any member of the public wishing to be in possession of sulphuric acid above a 15% concentration will now require an EPP licence to do so.
How does this affect Leoch motorbike batteries?
The new regulations affect all Leoch products where acid is supplied in a bottle alongside the battery for the customer to self-activate. It also applies to separate electrolyte bottles. Other Leoch products already containing acid are not affected as they are pre-filled.
Specific guidelines for Distributors
- As a Leoch distributor you will not need a EPP licence provided you are acquiring, importing, possessing or using sulphuric acid for purposes connected with your trade or business
- You will have a duty to report suspicious transactions (both B2B and to members of the public), disappearances and thefts of sulphuric acid (including acid within batteries).Suspicious in this context is defined as having grounds to suspect that the acid is being used for illicit use, including the manufacture of explosives
- You are permitted to sell Leoch motorbike batteries PROVIDED you top the battery up before the customer leaves the premises (see Face to face flowchart below)
Specific guidelines for Businesses selling face to face to Consumers
As it will be an offence from 1st July 2018 to supply an unfilled motorcycle battery with an acid pack to a member of the public without verifying that the person possesses a valid EPP licence, retail customers should follow the flowchart below when selling to members of the public:
*For information on how to record these transactions see further guidance HERE
ˇFor information regarding warning labels see further guidance HERE
Specific guidelines for Businesses selling online to Customers
For online transactions, the retailer must comply with all the requirements set out by the new regulations, and should observe the following flowchart:
How will members of the public be affected?
An EPP licence will need to be purchased (at a cost of £39.50) by any member of the public wishing to purchase a motorbike battery with a separate acid pack. It will be an offence from 1st November 2018 for members of the public to possess or use sulphuric acid at concentrations over 15% without the licence.
What are the penalties of not adhering to the new regulations?
If a retailer supplies acid packs without verifying that the member of the public has a valid EPP licence, a custodial sentence and a large fine can be enforced. Failure to enter transaction details onto the EPP licence or not attaching the warning label have a maximum fine of £500. Failure to adhere to the reporting requirements can attract a fine or custodial sentence of up to 3 months.
Any existing stock you hold can be sold in the usual way up until 1st July 2018, then the arrangements above will apply. Please don’t hesitate to get in touch on 01858 433 330, should you have any queries and note that moving forward, DBS Leoch will be stocking many of the existing batteries with separate acid packs as ‘sealed and ready to fit’ versions. These revised products will be in stock over the next few weeks.