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E-Scooters set to be legalised in NSW in bold plan to cut congestion

NSW is set to legalise e-scooters, including shared hire scooters, despite other states banning them. It’s praised as a win by some, but many oppose the plan, our poll reveals. Tell us what you think.

The controversial scooters coming to Sydney’s streets

More than one thousand readers have voiced strong opposition to Transport Minister Jo Haylen’s plan to legalise and regulate e-scooters, with many predicting they will create chaos on Sydney’s streets.

In a Daily Telegraph poll, 80 per cent of participants voted against the move, fearing that e-scooters will be traffic hazards, rather than solutions to congestion.

The bold plan to make electric scooters legal is designed to make it easier for commuters to access railway and Metro stations while cutting down on congestion, but critics say it will block footpaths and put pedestrians at risk.

Several readers used the poll to express their frustration, with some claiming that the decision-makers were out of touch with everyday drivers.

“The people who came up with this legislation obviously don’t drive,” Jim said.

Transport Minister Jo Haylen and Daily Telegraph journalist James O'Doherty ride electric scooters in Kogarah, ahead of the government’s decision to make them legal. Picture: Jonathan Ng
Transport Minister Jo Haylen and Daily Telegraph journalist James O'Doherty ride electric scooters in Kogarah, ahead of the government’s decision to make them legal. Picture: Jonathan Ng

“What a stupid idea. They are dangerous in so many ways,” David commented.

“Canberra averaged 1 hospitalisation a day, good luck in Sydney,” Laurence added.

The plan to legalise and regulate e-scooters is contained in an “E-mobility action plan” released ahead of a parliamentary inquiry into e-bikes and e-scooters.

DUMPING CONCERNS

There are also concerns about dumping if shared hire e-scooters get the go-ahead.

Dumped e-bikes are attracting fines of as little as $132 to share bike operators, with the paltry fines giving companies little incentive to stop their products obstructing footpaths or creating an eyesore.

Hire bike companies are liable for fines of $1320 if one of their bikes is left creating an obstruction, interfering with public amenity, or left dumped for more than a week.

Critics say e-e=scooters are an accident waiting to happen. Here three people pile on and head for a speed bump in Brisbane. Picture: Steve Pohlner
Critics say e-e=scooters are an accident waiting to happen. Here three people pile on and head for a speed bump in Brisbane. Picture: Steve Pohlner

But if more than one bike is in the same place, the additional bikes incur a potential fine of just $132 each.

The e-scooter plan also puts the state government at odds with the City of Sydney, with Lord Mayor Clover Moore declaring it is too soon to add e-scooters “into an already contested space”.

“The State Government should get the regulation right before e-scooters are encouraged into in an already contested space,” she said.

Ms Moore criticised the state government for cutting funding to cycleways.

The city’s peak business lobby welcomed the announcement that e-scooters will be legalised on Monday, but called for companies to keep their products from littering the streets.

“We can replace many short-distance trips using private vehicles with these friendly devices if proper procedures and rules are implemented consistently throughout the State,” Business Sydney Executive Director Paul Nicolaou said.

However, Mr Nicolaou said that authorities need to enforce current rules regarding dumped bikes.

“There is clearly a reluctance on the part of councils and other authorities to enforce existing regulations and penalties,” he said.

Liberal Transport spokeswoman Natalie Ward called for registration and licensing to be considered for e-scooter users to ensure rules can be enforced.

“E-bikes and e-scooters are part of the future transport mix but the regulation needs to match the lived experience of the community.

“A $300 fine arriving to mum and dad because the kids refuse to follow the rules will help to start sorting out a lot of these issues,” she said.

“A 20kg electronic bike or scooter going 25 km per hour with two kids and no helmets on is not a transport solution, it’s a tragedy waiting to happen.”

THE PLAN

While private e-scooters can be purchased in stores, it is currently illegal to ride them in public.

The laws have not stopped an explosion in the use of e-scooters in NSW: it is estimated that there are already 459,000 private e-scooters in the state.

Shared e-scooters are also outlawed, but trials are taking place in Kogarah, Albury, Forster-Tuncurry, and Wollongong.

Central to Ms Haylen’s regulation plans will be rules consigning e-scooters to bike paths or shared zones.

Riders will need to be 16 and will be legally required to wear a helmet.

Transport for NSW’s e-scooter action plan spruiks electric scooters as a way to boost public transport use and decrease congestion, and as a “viable and efficient option for last-mile freight”.

The paper outlines a range of options for legalising e-scooters; it suggests investing in dedicated infrastructure like share paths and parking bays, and a crackdown on enforcement.

However, the report also outlines “safety concerns” of electric scooters: between 2020 and 2023, 124 e-scooter crashes were reported to police. Those crashes resulted in three deaths and 116 injuries, 40 of which were serious.

The safety concerns include users speeding, riding on footpaths, riding while drunk, and riding around vulnerable pedestrians.

The move to legalise e-scooters is in stark contrast to the approach of other jurisdictions, including Melbourne, where the city council banned shared e-scooters in August.

Ms Haylen said her decision is primarily to regulate the use of private e-scooters, but said the government will work with councils who want shared e-scooters.

Ms Haylen said that e-bikes and e-scooters are not “without controversy,” which is why new regulation is needed.

“Allowing people to ride an e-scooter to the shops or nearby train stations will take pressure off our roads and lessen competition for parking.”

“It’s a big win for everyone, we just have a bit more work to do to get the balance right,” she said.

Transport Minister Jo Haylen said legalising e-scooters is a “win for everyone”. Picture: Jonathan Ng
Transport Minister Jo Haylen said legalising e-scooters is a “win for everyone”. Picture: Jonathan Ng

2GB broadcaster Ray Hadley has strongly opposed the plan to legalise e-scooters in NSW, pointing out concerns over enforcement and existing regulations.

He argued that current rules are already difficult to enforce and legalising electric scooters would only make matters worse.

“The rules currently are you can’t use them on most roads and footpaths. In fact, you’re supposed to use them only on private property,” Hadley said during his 2GB program on Tuesday morning.

“We all know that’s a farce, so make it so thousands more of the 450,000 already on our streets and footpaths and roads will be on those footpaths and roads, and those laws will be equally unenforceable so you can’t police it.

“So what do you do? Well, here’s another one. Here’s another one.

“We live in an ordered society. If we don’t live in an orderly society, we have anarchy, anarchy,” he said.

Ray Hadley disagreed with the decision.
Ray Hadley disagreed with the decision.

However, Ms Haylen found unlikely support for her plans from former Transport Minister David Elliott.

Mr Elliott, now Institute of Public Works Engineering CEO, said e-scooters need to be “embraced”.

“We can’t just put our heads in the sand,” he said.

“When engineering inevitably outgrows public policy, we can’t just ban something because its too hard to regulate it.”

Mr Elliott said that e-scooters should “under no circumstances” be allowed on footpaths, and called for new “designated cycleways” for their use.

However, the move to legalise e-scooters will outrage pedestrian advocates, including Pedestrian Council of Australia CEO Harold Scruby.

In his submission to the parliamentary inquiry into e-bikes and e-scooters, Mr Scruby labelled the explosion in private e-scooters and e-bikes as “pure anarchy”.

“To show such utter contempt for pedestrians and turn footpaths into hostile and potentially lethal environments defies belief,” he said.

“If not properly addressed, the proliferation of e-rideables could lead to a safety crisis akin to a public health pandemic,” he said in his submission.

E-SCOOTER FAQ:

Are e-scooters legal all over Australia?

While regulations vary from state to state, private e-scooters are legal in Victoria, Queensland, Tasmania, ACT, Western Australia.

In South Australia e-scooters may only be used in public via hire companies. Privately-owned e-scooters may be used on private property only.

In the Northern Territory, it is possible to ride a hired e-scooter in public, but privately-owned e-scooters are for use on private property only.

Why have they been illegal in NSW for so long?

E-scooters are not illegal for use on private property. They are currently not legal for use in public except if part of a council trial. Safety concerns and legislative definitions of what is a ‘vehicle’ currently prohibit their use in public.

Do you need a driver’s licence to ride an electric scooter?

No, in NSW you do not need a driver’s licence to ride an e-scooter. However they may only be used on private property.

What are the road rules for e-scooter riders in NSW now?

Currently e-scooters may only be used in public if part of a council trial. Otherwise they are not able to be used in public. Fines can total almost $3000.

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Original URL: https://www.dailytelegraph.com.au/news/nsw/escooters-set-to-be-legalised-in-nsw-in-bold-plan-to-cut-congestion/news-story/cf18004c58f4a6a80ff72940589fddf9