Are e-scooters legal on nsw roads?

E-scooters have received a large amount of news coverage lately, so we will dive into e-scooters first and then tackle the more nuanced topic of electric bikes and wheelchairs.

ARE E-SCOOTERS LEGAL ON NSW ROADS?

E-scooters are legal to ride on private property. However, they are illegal to use on roads and road related areas including footpaths, shared paths and bicycle lanes. This is because e-scooters are currently unable to be registered as motor vehicles in NSW.

Interestingly e-scooters are categorised as “unregistered registerable” motor vehicles, without having the ability to actually be registered. Confused? Read on.

The starting point is the rule: A person must not use an unregistered registrable vehicle on a road.

To unpack that rule, we first must define Registrable Vehicle and then Motor Vehicle.

The term Registrable Vehicle is extremely broad to include any motor vehicle or any trailer or any other vehicle prescribed by the statutory rules. It’s important to check whether e-scooters are covered under the definition of Motor Vehicle in NSW. A Motor Vehicle is a vehicle (other than a bicycle) that is built to be propelled by a motor that forms part of the vehicle.

This means that e-scooters are included as Motor Vehicles and consequently regarded as Registrable Vehicles. Unfortunately, as there is no current scheme to provide registration to e-scooters, it remains illegal to use e-scooters on the road or road related areas, as they are technically unregistered registerable vehicles.

CAN I RIDE AN E-SCOOTER IN A DIFFERENT STATE?

Most states and territories allow e-scooters to be ridden on the road with the exception of South Australia and NSW. Each region has their own rules regarding speed, type of road and time of day which determine whether e-scooters are able to be ridden.

DO DRINK/DRUG DRIVING LAWS APPLY TO E-SCOOTERS?

Yes, the blood alcohol concentration limit of .05 applies to e-scooters. The same drug related driving offences apply to e-scooter riders which include under the influence of drugs and also having drugs present in your system.

CAN I RIDE MY E-SCOOTER WITHOUT A VALID LICENCE?

There are multiple reasons why a person can be barred from operating a motor vehicle in NSW, these include:

1. Court ordered disqualification period
2. Period of suspension (imposed by Police or Transport for NSW)
3. Licence registration expiring
4. Licence being cancelled
5. Driving privileges revoked

Commonly people think of inventive ways to get around without a valid licence, including roller skates, hitch-hiking and e-scooters.

However, using an e-scooter on an NSW road will breach all of the above bans on driving a motor vehicle. A simple trip down the road can have disastrous impacts, for example:

John is currently on bail and is serving a six month disqualification period. John’s wife Margaret asks John to fetch the papers from the service station. Instead of walking, John borrows his son’s e-scooter. He thinks this is fine because it’s low speed and isn’t powered by petrol.

As he is scooting down the road, a NSW Police patrol car flashes it’s lights and John is pulled over. The police officers decide to search his details and they discover that John is disqualified from driving and is on bail. They decide to charge him with the criminal offence of Drive whilst disqualified and take him into custody for breaching his bail conditions.

John is devastated to find out the e-scooter is classified as a motor vehicle and needs to contact his lawyer for advice and a bail application.

LAKE MACQUARIE TRIAL

Currently there is a e-scooter trial program based in Lake Macquarie. The program commenced on 5 December 2022. The following conditions apply to the e-scooters:

• Must be 16 years old and over
• Must not exceed 10km/h on shared paths
• Approved e-scooters only
• No privately owned e-scooters
• Bicycle helmet required

WHAT ABOUT MOTORISED WHEELCHAIRS AND ELECTRIC BICYCLES?

There are a few exceptions to the above rule that all motor vehicles must be registered. Specially exempted vehicles include:

1. Motorised wheelchairs
2. Power-assisted pedal cycles
3. Pedalecs

However, there are heavy restrictions on the power output and speed of these devices.

MOTORISED WHEELCHAIRS

• Only to be used to convey a person with a disability that substantially impairs their mobility
• Unable to travel more than 10km/h
• Cannot travel on roads
• Can travel on footpaths

POWER-ASSISTED PEDAL CYCLES

• Motor must start after the rider pedals
• under 200 watts
• To be powered primarily by pedalling

PEDALECS

• Electric bicycle with a motor power of less than 250 watts.
• The motor is only able to activate when rider pedals or uses a low speed
• Comply with European standards
• Cut-off automatically above 25km/h or when rider stops pedalling
• Display certification with a label stating:
  • EN 15194 compliance
  • Manufacturer’s name
  • motor’s cut-off speed in km/h
  • continuous rated power is watts

It’s important to note that it is illegal to use a petrol-powered bicycle on NSW roads and road related areas.

At Morrisons we are specialist criminal and traffic lawyers based in Wollongong and the Southern Highlands. If you require advice or representation, you can book an appointment with one of our expert criminal lawyers.