New laws allowing e-scooters, e-skateboards and e-solo-wheels on roads and footpaths are now in effect

New laws allowing e-scooters, e-skateboards and e-solo-wheels on roads and footpaths are now in effect, after a string of deaths and injuries across Australia.

Controversial new laws allowing privately-owned e-scooters, e-skateboards and e-solo-wheels on roads and footpaths are now in effect – and any injured party faces an uphill battle to win compensation.

With no licence, registration or insurance needed, even if an injured person can identify the culprit and successfully sue, they may find the rider has no assets.

Personal injury lawyer Brittany Duregon from Mellor Olsson Lawyers said the changes come amid reports across Australia of deaths and injuries from personal mobility devices (PMDs) such as e-scooters.

Mellor Olsson Lawyers senior associate Brittany Duregon. Picture: Supplied

There were eight such deaths in Queensland last year and four so far this year, while Perth last month suspended e-scooters hire after the death of pedestrian Thanh Phan, 51, who was struck by one.

“The lack of registration means that there is no Compulsory Third Party insurance policy in effect,” Ms Duregon said.

“A person injured as a result of an e-scooter rider’s negligence may be left with limited options to seek compensation for their injuries, particularly if the rider has limited or no assets.”

Ms Duregon said injured parties may be able to sue – if they get the rider’s details – but even if they win in court they may miss out on compensation.

“An 18-year-old university student with no assets facing claims of hundreds of thousands of dollars, even millions, would not be able to satisfy the judgment,” she said.

A Darwin Beam e-scooter. Picture: City of Darwin / Nat Rogers

Anyone injured by an e-scooter should obtain the rider’s contact details, ask if they have any insurance and if so obtain details, take details of any witnesses, seek medical treatment and seek legal advice early so investigators can find evidence such as CCTV footage, Ms Duregon advises.

SA Police Traffic Services Branch Officer in Charge Superintendent Shane Johnson told The Advertiser: “All road users, including personal mobility device riders who are involved in a crash have a duty to stop and provide their particulars.

“When a person is injured as a result of a crash, road users also have a duty to give all possible assistance and to then report to police. Failure to do so is an offence.

“Anyone who witnesses a crash, particularly where someone is injured, may be able to assist police in an investigation and should report to police.”

PMD riders are subject to the Road Traffic Act.

Under changes which came into force on Sunday riders aged over 16 can ride PMDs on footpaths, bike paths and roads.

They must wear a helmet and use a flashing light at night and travel at no more than 10km/h on footpaths, beaches and shared paths.

Only e-scooters are permitted on roads where the maximum speed limit is 60km/h, but must ride in the bike lane and travel no faster than 25km/h.

All other devices are permitted on roads where the speed limit is 50km/h or less, and must travel at a speed no greater than 25km/h.

It is an offence to ride under the influence of alcohol or drugs, and riders must not carry a passenger or hold a mobile phone.

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Originally published as New laws allowing e-scooters, e-skateboards and e-solo-wheels on roads and footpaths are now in effect