The riding of Electric Scooters or E-Scooters is currently illegal on a road (or road-related area) in New South Wales.
To avoid any doubt, motorised scooters, skateboards, or hoverboards (electric or petrol powered) are considered motor vehicles. They do not satisfy the Australian Design Rules. For this reason, they cannot be registered in NSW and are unable to be insured under the Motor Accident Injuries Act 2017 that regulates the third-party insurance scheme (CTP Insurance).
Electric Scooter Trial
In July 2022, NSW is trialling an electric scooter shared scheme. That means any riders at trialled locations will be allowed to hire and ride electric scooters (e-scooters). You cannot use your privately owned electric scooter, you must use the one approved by Transport for NSW. The Trial is expected to last for 12 months and will be monitored by Transport for NSW.
IT IS CRUCIAL TO REALISE THAT THE E-SCOOTER TRIAL ONLY ALLOWS FOR E-SCOOTERS AND DOES NOT INCLUDE ELECTRIC SKATEBOARDS OR HOVERBOARDS OR OTHER PROHIBITED VEHICLES
Is there a fine for riding an electric scooter in NSW?
That means, any person caught riding an electric scooter outside the conditions of the trial risks large fines (see below) and in some instances, you could face imprisonment, suspension, or disqualification.
These are penalties that are usually reserved for drivers of cars or motorcycles that drive on the road without registration or CTP insurance. Yes, the same fines that exist for driving an unregistered and uninsured car or motorcycle apply equally to riders of electric scooters, electric skateboards, and hoverboards!
The Road Transport Act 2013 regulates what a ‘road’ or ‘road-related area’. A road-related area includes footpaths, cycleways, shared pathways, public carparks, and even places like Centennial, and Parramatta Park.
Electric Scooters are defined as a ‘vehicle’ and more importantly, a ‘motor vehicle’ because essentially, it is a vehicle built to be propelled by a motor that forms part of the vehicle.
You may ask why I can ride a bicycle with an electric motor. The reason is that it is a bicycle with pedals and the electric motor only exists as an aid only. It is not designed as the sole means of propulsion. Whereas an electric scooter, skateboard, or hoverboard, like a motorcycle is simply a vehicle designed specifically to be propelled by artificial means.
Where then, can I ride my electric scooter?
You can only ride an electric scooter on private property.
The penalties for using electric scooters are steep!
Because they are classed as motorcycles, riders must also wear helmets, hold a valid motorcycle licence (Class R) and adhere to the Road Rules just like other road users.
Do I need a licence to ride an electric scooter in NSW?
Yes, an electric scooter is technically a motorcycle so you could be charged or fined for riding unlicensed if you do not hold a Class R licence. However, EVEN with a valid licence, as mentioned above, if you are caught on a road or road-related area, it is still unlawful to ride an electric scooter, so you could receive significant fines or be charged with a criminal offence.
If I did not know that riding an electric scooter was an offence – can I rely on that to get out of the fine or charge?
No, ignorance of the law is not a defence even if you receive advice from the police or another authority that you can do something and it turns out to be wrong.
If it is illegal to ride electric scooters on a public street or in a park then why can I buy one?
It is not currently illegal for retailers or manufacturers to buy and sell electric scooters in NSW and you may still ride them on private property.
Consequences
In addition to thousands of dollars in fines or a criminal record, you could also have that expensive electric scooter confiscated by the police and forfeited to the Crown.
These fines can be issued altogether for one incident, for example:
Using an unregistered, Uninsured vehicle, Tax not paid, and not wearing an approved helmet could cost you a crushing $2,474 plus confiscation of your expensive scooter.
So, the financial consequences of riding your electric scooter down to the shops for some bread and milk, in a park, or on a cycleway could turn out to be a very expensive trip.
The New South Wales Government Website provides a very useful guide on what a prohibited vehicle is, which includes electric scooters.
Fines & Penalties for riding an electric scooter in NSW:
Penalties available for riding an electric scooter, and other motorised wheeled devices in NSW:
Using an unregistered vehicle – $704
Clause 128(3) – Road Transport (Vehicle Registration) Regulation 2017.
Using an uninsured vehicle – $704
Section 8(1)(b) Motor Accidents Compensation Act 1999.
Using a vehicle with tax not paid– $704
Section 9(1)(a) – Motor Vehicles Taxation Act 1988.
Not wearing an approved helmet – $362
Rule 270(1)(a) – Road Rules 2014.
Unlicensed Riding/Driving (Class R) 1st Offence) – $587
Prior Offence – $899 Section 53(1)(a) – Road Transport Act 2013.
Drive while suspended (1st offence)
Court Attendance Notice – no on-the-spot fine.
Imprisonment – 6 months and/or $3300 and automatic Licence Disqualification 6 months and a minimum of 3 months.
Drive while disqualified (1st offence)
Court Attendance Notice – no on-the-spot fine.
Imprisonment – 6 months and/or $3300 and automatic further disqualification of 6 months and minimum 3 months.
Electric scooter-specific offences that may apply according to Transport of NSW
Offence
Ride a privately owned e-scooter on road or related area – $2,747 – Penalties may apply for being an unregistered, uninsured and unlicensed motor vehicle (as above).
- Ride an e-scooter hired through a share scheme outside trial area – $120
- Ride on road with speed limit greater than 50km/h – $120
- Ride on footpath – $120
- Ride an e-scooter not in single file on roads – $120
- Ride e-scooter whilst under minimum age of 16 years $120
- Exceed maximum operating speed limit of 20 km/h $120
- Carry passengers $120
- Riding whilst under the influence of alcohol – The same penalty for motorists applies to e-scooter riders during the trial.
- Riding whilst under the influence of a drug (other than alcohol) – The same penalty regime that applies to motorists applies to e-scooter riders during the trial – NSW Government Website – Penalty for drink and drug driving offences
- Use mobile phone whilst riding $362
- Fail to wear helmet $362
- Ride at night without appropriate lights and reflector $120
For more information visit Transport of NSW
If you have been issued with a fine or charged with using your e-scooter or had it confiscated, don’t risk going it alone. Call McDonald Law now on (02) 8824 4736 or 0411 460 034 to speak with one of Sydney’s most experienced traffic lawyers.
Disclaimer
The content of the McDonald Law website is provided for information purposes only. The contents of this website do not constitute legal advice, it should only be used for information only.