E-scooters will be legalised on shared paths and bike lanes on roads – but remain outlawed on footpaths – under a New South Wales government plan that will also introduce strict speed and age limits.
Despite their surge in popularity over the past decade and the ability to legally buy them in shops, e-scooters have been illegal to ride in public spaces in NSW – aside from limited trials in certain local council areas.
The proposal to legalise e-scooters will be outlined on Tuesday in the Minns government’s response to a parliamentary inquiry into the use of e-micromobility devices – a category which also includes e-bikes. The inquiry was told that accessibility advantages must be balanced with safety risks.
The roads minister, Jenny Aitchison, said about 1.35m e-micromobility devices were estimated to be in use across NSW – with almost half of those used to connect with public transport.
But she conceded many were currently being used illegally in a way that threatened pedestrian and road safety.
Aitchison said by regulating their use it would be easier to crack down on unsafe behaviour.
“It is a difficult scenario, there’s no doubt about that, [but] the option to do nothing is not there,” the minister said on Tuesday.
The government will propose e-scooters can be ridden on shared paths with a default speed limit of between 10km/h and 20km/h. On roads signposted at 50km/h, they would be limited to 20km/h. They will not be able to be ridden on pedestrian-only footpaths.
Riders would need to be at least 16, consistent with all Australian jurisdictions, except the ACT, and European recommendations.
The government does not intend to speed-limit e-bikes – because their motors are not the only source of power.
E-scooters will remain illegal for children under 16 but minors will be allowed to ride e-bikes without a licence or formal training, Aitchinson said.
As is the case with traditional bikes, children under 16 will be able to ride e-bikes on footpaths.
Labor will, however, review the formal definition of an e-bike within NSW’s road rules.
The new definition of legal e-bikes will stipulate they must be pedal-powered primarily. Currently, the motor can’t provide more than 200W of additional power.
Police will be tasked with enforcing the new rules and will work with the government to determine penalties for breaches.
Aitchison said certain so-called “fat bikes” will fall under the definition of legal e-bikes provided they have not been modified.
The transport minister, John Graham, said e-mobility devices represented an “evolution” in how people moved around.
“We believe a sensible set of rules will promote the health and lifestyle benefits of e-bikes and e-scooters while protecting the safety of riders and everyone else sharing the paths and roads with them,” he said.
“We recognise the community’s concerns, particularly around device modification, fire risk, discarded shared e-bikes and poor rider behaviour – which is why we’re taking action.”
The NSW inquiry recommended safety standards to reduce lithium-ion battery fires, a rider education campaign and investment in critical infrastructure and improving future design of shared paths.
The devices reduce small car trips, reduce strain on parking spaces and make train stations, jobs, services and retail precincts easier to access, experts say.
Shared e-scooters trials have been conducted in Kogarah, Wollongong and a handful of other council areas.
Doctors used the parliamentary inquiry to urge MPs not to legalise the scooters for kids after a sharp increase in children presenting to emergency rooms with crash injuries.
Additional reporting by Australian Associated Press
