Police to get power to randomly breath-test e-scooter riders

Queensland police officers could soon be given more power to deal with e-scooter riders to ensure safety on paths and roads.

Queensland police could be granted new powers to randomly breath-test scooter riders and cyclists under a new crackdown aimed at curbing bad behaviour.

Transport Minister Bart Mellish, on his second day in the role, confirmed his department was considering amending the law to hand police the power to forcibly stop riders for a random breath test.

Under existing laws, Queensland police officers can stop a rider they suspect are under the influence of liquor or a drug, but the rider must then be placed under arrest and transported to a police station for a breath test, saliva analysis or blood test.

A government safety campaign in October 2022 reminded riders it was illegal to ride while intoxicated, but Queensland police officers were not given the power to perform random breath tests.

Police Minister Mark Ryan revealed that police were unable to direct riders to stop for the purpose of a random breath test in the same way motorists could be.

“While the above police powers exist, I am advised by the Queensland Police Service that there is no legislative power for random breath testing of riders of scooters or bicycles,” he said.

Police Minister Mark Ryan

“In light of this, I have asked QPS to liaise with the Department of Transport and Main Roads – the department responsible for the Act – with a view to considering whether an amendment is required to the Act to expand the scope of the application of RBTs.”

It means Queensland Police Service officers have conducted zero random breath tests since July 2022.

The Department of Transport and Main Roads confirmed it was liaising with police to consider changes to give officers more power.

“This may include future legislative amendments to enable random breath testing, setting an appropriate breath/blood alcohol concentration limit, and penalties for those offences,” a spokesman said.

“Before progressing any changes, consultation will be undertaken with key stakeholders and the community, including vulnerable road user groups.”

In October 2022 the state government announced new penalties as part of its e-scooter and bike crackdown – with people caught drinking alcohol while riding to be slapped with a $431 fine.

E-scooter and other personal mobility device users, including bike riders are subject to under-the-influence offences with a court-imposed maximum penalty of $6192.

In October this year the state government introduced new laws to parliament to make it an offence for riders to “ride without due care and attention on a road-related area, such as a footpath, bike path or shared path”.