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The Guardian - AU
The Guardian - AU
National
Andrew Messenger

‘Car brain’: Queensland government criticised for proposed age, speed and licence limits on ebikes

A person is seen riding an ebike in Brisbane
Critics of Queensland’s proposed laws say it would lock many people – including those with disabilities – out of transport access, even as the fuel shortage crisis boosts demand for ebikes. Photograph: Darren England/AAP

For Maggie, 12, her modified ebike is her ticket to the world. The Rockhampton girl, who has a form of dwarfism, is unable to push a non-powered bike, walk long distances or carry around heavy books or shopping.

“It gives her the possibility of keeping up with her peers,” said her mother, Krysten Thompson adding Maggie may one day even use it to travel to school if bike paths improved.

But Andrea Herklots from EveryBody eBikes said she’s worried a proposed crackdown on e-mobility – including a requirement that riders be “medically fit to drive” a car – would lock many out of transport access.

The Brisbane shop produces modified e-vehicles for people with disabilities throughout Australia and in the US and Canada.

Queensland’s transport minister, Brent Mickelberg, announced on Tuesday that the government would introduce legislation this week implementing the recommendations of a recent parliamentary inquiry into the transport mode, requiring riders to be over 16, hold at least a learner’s licence and be “medically fit to drive”.

Mickelberg said that would “ensure that the only those who have the capacity to operate these devices do so”.

“I acknowledge that will disadvantage some people who currently use these devices and are unable to drive, for example,” he said.

The legislation will exempt mobility devices like powered wheelchairs and mobility scooters – but Herklots said many wanted an ebike for active mobility. Some of them may not be recognised as having a disability, like those who have had a stroke or brain injury.

“It’s the people that are marginalised that really need the pedal assist; they’re the ones that may not be able to ride an unpowered bike,” she said.

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Thompson agreed, saying for Maggie it would be just another thing “that makes her different to other kids, and it reduces social opportunities for her”.

Mickelberg’s legislation will also set a new 10km/h speed limit on footpaths, and create new fines, similar to those for driving offences, including up to $1,909 for speeding at more than 40km/h.

Matthew Burke, the CEO of Bicycle Queensland, said the organisation supported additional enforcement of existing bans on illegal e-motorbikes, but strongly opposed the proposed new speed limit, licensing and age limits.

“Your chances of killing a large number of other humans with the device you are riding or driving is infinitesimally smaller on an ebike than it is in a heavy goods vehicle,” he said, arguing there was no reason for licensing as a result.

The legislation may also limit transport options for people who either could never drive, such as those with epilepsy, or who had been banned for drink-driving or speeding, he said.

He said the legislation reflected “motonormativity”, or “car brain”, a worldview based on the assumption of near-universal car use and that alternatives less important.

Burke said the fuel shortage crisis had driven people to bike shops in huge numbers, but the law would “really curtail” the growth in active transport.

“It’s going to restrict safe, legal ebiking in a way we think is pretty unfair and pretty dumb, at a time when we really should be encouraging everyone to get on a bike as a response to the fuel crisis,” he said.

Asked what steps the government was taking to improve car safety, Mickelberg said it was investing $9bn in the Bruce Highway.

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