The Law Handbook 2024

Chapter 6.9: Road law for cyclists, skaters and scooter riders 661 c does not include an electric personal transporter, an electric scooter, a scooter, wheelchair, wheeled recreational device, wheeled toy, or any vehicle with an auxiliary motor capable of generating a power output over 200 watts (whether or not the motor is operating), other than a vehicle referred to in paragraph (b)). Electric bicycles A ‘power-assisted pedal cycle’ is defined in clause 3 of the Vehicle Standard (Australian Design Rule – Definitions and Vehicle Categories) 2005 (Cth) (‘ Vehicle Standard ’) as follows: a vehicle, designed to be propelled through a mechanism primarily using human power, that: (a) meets the following criteria: (i) is equipped with one or more auxiliary propulsion electric motors with a combined maximum power output not exceeding 200 watts; (ii) cannot be propelled exclusively by the motor or motors; (iii) has a tare mass (including batteries) of less than 50 kg; (iv) has a height-adjustable seat; or (b) is an electrically power-assisted cycle; but does not include a vehicle that has an internal combustion engine. An electrically power-assisted cycle ( EPAC ), as defined by clause 3 of the Vehicle Standard, is an electrically powered pedal cycle with a maximum continuous rated power of 250W, of which the output is: (a) progressively reduced as the cycle’s travel speed increases above 6 km/h; and (b) cut off, where: (i) the cycle reaches a speed of 25 km/h; or (ii) the cyclist is not pedalling and the travel speed exceeds 6km/h. The upshot is that any bicycle that does not require pedaling to operate, or does not meet the requirements set out above, is considered to be a motor cycle and not a bicycle. Electric scooters Since November 2021, the definition of ‘vehicle’ in the Road Rules has included electric scooters. In 2023 the limited trial of electric scooters was completed and the riding of these vehicles was permitted more broadly. A new ‘Division 2: Additional rules for riders of electric scooters’ has been added to Part 15 of the Road Rules; this sets out the rules for riding electric scooters. The Road Rules dictionary defines ‘electric scooter’ thus: “electric scooter” means a vehicle designed for use by one person that— a transports a person while the person is standing; b has two wheels (one in front of the other); and c has a footboard between the front and rear wheels; and d is steered by means of a handlebar; and e has a maximum speed capability of 25 kilometres per hour when ridden on level ground; and f can be propelled by one or both of the following— i one or more electric motors; ii a person pushing one foot against the ground; Under the Road Rules, a person riding a bicycle or electric scooter is defined as a ‘rider’ (RR 17 (1)), but a person walking beside and pushing an electric scooter is not a rider (RR 17 (2)). An electric scooter must not be ridden — (a)on a footpath other than a separated footpath or a shared path where permitted in the Road Rules (RR 262C; 3 pu); (b) on a road (including any shoulder of the road, but not including a road related area as defined in RR 13) on which the speed-limit is greater than 60 kilometres per hour (RR 262D; 3 pu), unless the rider— (i) crosses the road by the shortest safe route; and (ii) does not stay on the road longer than necessary to cross the road safely; and (iii) is not prohibited, under the Road Rules, from crossing the road on an electric scooter. (c) on a road or road related area— (i) alongside another rider or pedestrian travelling on the road or road related area in the same direction as the rider of the electric scooter, unless the rider of the electric scooter is overtaking the other rider or pedestrian. (RR 262E; 3 pu); (ii) on a road or road related area if the rider is under 16 years of age (RR 262F; 3 pu); (iii) on a road or road related area at a speed over 20 kilometres per hour (RR 262G; 3 pu); (iv) on a road or road related area while carrying any other person (RR 262H; 3 pu); (v) on a road or road related area while drinking alcohol (RR 262I; 5 pu).