States demand e-bike crackdown amid deaths and fires

States are pleading with the federal government to crack down on the importation and sale of dangerously fast e-bikes and e-scooters, which are being illegally ridden on Australian roads and increasingly killing and injuring people.

The Victorian and NSW transport ministers, Gabrielle Williams and John Graham, warned the Commonwealth that poor regulation at a national level is allowing a plethora of powerful and unroadworthy vehicles to hit the streets.

A food delivery driver rides an e-bike. There is no suggestion this bike does not comply with regulations. Credit: Paul Rovere

Industry groups have also thrown their support behind the call for strengthened national standards.

In a letter to federal Assistant Treasurer Daniel Mulino last week, Williams and Graham said: “We are seeking your support to strengthen Australia’s approach to the safety of personal mobility devices and e-bikes to ensure that devices imported, sold and used in Australia are safe and fit for purpose, specifically in relation to speed capability and battery safety standards.”

“Victorian and NSW e-scooter regulation has safety as the key priority. However, even with safety-based regulations that are broadly supported by the community, states and territories are facing safety challenges due to the wide availability of unsafe and illegal devices.”

A Victorian coroner called this month for stricter regulation of e-bikes to prevent deaths, and emergency services have recorded a significant increase in fires caused by the devices’ lithium-ion batteries.

The ministers said a key problem was that powerful and unroadworthy bikes were being imported as legal vehicles due to import laws that were weakened in 2021.

Mulino declined to comment, but Assistant Minister for Competition Andrew Leigh told ABC Radio National on Tuesday morning that work was under way to regulate imports.

From 2012, e-bike importers had to apply for a permit to prove their products met world-leading European safety standards and did not exceed speeds of 25km/h or have a battery beyond 250 watts.

But in 2021, the permit system was dumped and replaced with an optional advisory notice that industry figures say has prompted an influx of powerful bikes that do not meet safety thresholds and units being falsely imported as e-bikes when they should be imported as road vehicles that require permission.

Victorian Transport Minister Gabrielle Williams says dangerous e-bikes and scooters are being freely imported and stronger regulation is needed. Credit: Christopher Hopkins

“Devices that are capable of exceeding this speed could be categorised as road vehicles and theoretically subject to import restrictions, but are not,” the ministers said.

High-speed bikes that surpass 25km/h can be legally sold for private use but are illegal to ride on roads.

The ministers said: “High-speed and dangerous personal mobility devices are therefore freely imported and sold by retailers, often with a vague ‘fine print’ disclaimer that purchasers should check local laws before using the device.

“This is of significant concern as Victoria and NSW have already had a significant number of people lose their lives due to the use of high-speed personal mobility devices and e-bikes, including the recent death of a pedestrian in Victoria.”

Bicycle Network chief executive Alison McCormack has joined other groups in calling for increased e-bike regulation. Credit: Wayne Taylor

In Victoria, there has been a 627 per cent increase in e-bike injuries in the past five years, according to data from Monash University’s Victorian Injury Surveillance Unit. Last year, there were 400 emergency department visits from e-bike injuries.

Earlier this month, an inquest into the death of a Melbourne e-bike rider said there was a substantial number of overpowered and unregistered e-bikes being illegally ridden on roads – “likely unbeknownst to their riders”. The man had bought his e-bike from a local shop. It was equipped with a 250-watt motor and had a top speed of 32km/h, meaning it was essentially an unregistered motorcycle.

The coroner said the man’s death “is a tragic reminder of the importance for greater regulations of e-bicycles and I hope that with a concerted effort, such fatalities may be avoided in the future”.

An e-bike caught fire on a Melbourne train in March.

At the weekend, two people died in e-bike crashes. On the NSW Central Coast on Sunday, a trail bike rider was killed in a collision with an e-bike rider. In Perth, a teenager has been charged with manslaughter after allegedly hitting a pedestrian with an unlicensed off-road e-bike.

The ministers also raised alarm over a rise in battery fires due to poor-quality bikes and scooters being imported and a lack of battery safety standards.

“There has been an increasing number of e-scooter, e-bike and other lithium-ion battery fires recorded in NSW and Victoria, sometimes leading to catastrophic outcomes including death,” they said.

In a separate statement, Williams said: “As more people choose e-mobility devices to travel, we have seen a rise of modified vehicles and low-quality batteries that do not meet international safety standards – increasing the chance for a fire.”

NSW Fire and Rescue describes lithium-ion batteries as the fastest growing fire risk in the state. It recorded a 66 per cent increase in such fires between 2022 and 2023. On average, there is one lithium battery fire in Victoria every day, the state government said.

A spokesperson for the Australian Border Force said: “One of the difficulties with any attempt to regulate e-bikes and e-scooters at the border is that legitimate products can be modified to enable higher speeds once they are in Australia.”

Industry groups have supported the call for strengthening national standards.

“The access to overpowered, high-speed products has increased dramatically,” said Bicycle Industries Australia managing director Peter Bourke. “Good quality product is being tarnished by poor quality product.”

Bicycle Network chief executive Alison McCormack said: “The current ‘Wild West’ regulatory environment has resulted in an influx of poor-quality products that don’t meet standards and threaten public confidence in an emerging transport revolution that can be highly beneficial to this country.”

Start the day with a summary of the day’s most important and interesting stories, analysis and insights. Sign up for our Morning Edition newsletter.