Given the rising popularity of electric-scooters (e-scooters), many people would be surprised to know that riding a privately owned electric scooter on a road or road related area in NSW is illegal. A road related area includes footpaths, shared paths and bicycle lanes. In fact, the only place a person can legally ride an e-scooter in NSW is on private property.
Pursuant to rule 240(2)(c) of the NSW Road Rules 2014, a person must not travel on a wheeled recreational device on a road at any time while any person travelling in or on the device is wholly or partly assisted in propelling the device by means other than human power.
E-scooters are effectively treated like motor vehicles under NSW law. This is because the Road Transport Act defines a “vehicle” as any description of vehicle on wheels, and a “motor vehicle” as a “vehicle that is built to be propelled by a motor that forms part of the vehicle.”
The issue with e-scooters is that they are not eligible to be registered as a motor vehicle and a person cannot obtain a licence for one. This means a person riding an e-scooter anywhere except on private property risks the same penalties as a motorist, including fines for driving unregistered or unlicensed. People can also be charged with riding under the influence of alcohol or drugs. A blood alcohol concentration (BAC) limit of 0.05 applies when riding an e-scooter. Riders who otherwise break the law face a fine or a maximum court penalty of $2,200.
But despite the proliferation of e-scooters in the Newcastle and Lake Macquarie areas, police seem reticent to exercise their discretion and issue penalty notices. According to a Newcastle Herald article, ‘Scooting around the law’, dated 20 March 2023, NSW Police data for the period to February 2023 shows Newcastle police issued just four infringements notices for e-scooter offences, including one notice for riding on a footpath.
The good news for e-scooter enthusiasts is that a number of shared schemes are currently being trialled in NSW, including at Lake Macquarie. The trial allows riders to hire e-scooters from approved e-scooter providers at the following four designated pathways:
- the Croudace Bay foreshore;
- the Warners Bay foreshore and up to Glendale;
- the Toronto foreshore to Fassifern train station; and
- the Fernleigh track.
During the trial it will remain illegal to ride a personal e-scooter on a road or road related area. Riders can only use e-scooters hired from approved providers. The Lake Macquarie trial started on 5 December 2022 and is expected to last 12 months. Participants must be at least 16 years-old, wear a helmet and must not exceed 10kmh in accordance with the speed limits on shared paths. The trial will be evaluated and monitored by Transport for NSW with e-scooter proponents hoping it will eventually lead to e-scooters becoming legal in NSW.
Queensland, the ACT and Tasmania are the only states in Australia where e-scooters are legal, but strict rules apply.
