Loophole exposes how police are powerless to stop drunk e-bike riders

More than 500 people across the state have been injured while riding e-bikes in the past year. But it’s the number of people who are intoxicated when they crash that has prompted trauma surgeons to speak out about the dangers of e-bikes.

Share e-bikes lay tipped over on the sidewalk at Martin Place, Sydney. A loophole has been exposed, with police not having the power to randomly breath test riders. Picture by Max Mason-Hubers

NSW Police are powerless to randomly breath test e-bike riders – a major loophole The Daily Telegraph is exposing today – as Sydney trauma doctors report a whopping increase in the amount of drunk riders presenting to hospitals with injuries.

In the past 12-months, more than 500 people across the state have been injured while riding the motorised cycles. But it’s the number of these people who are intoxicated that has prompted trauma surgeons to speak out about the dangers of e-bikes.

Trauma surgeon Dr Elan Novis at St Vincent’s Hospital in the city’s east said the majority of accidents happened at night and involved young males who were intoxicated and many were not wearing a helmet.

“I suspect these people are leaving pubs and clubs, these bikes are very readily available and they are cheaper than an Uber or a taxi, and they see it as a fun way of getting home,” Dr Novis said.

The loophole has been exposed, with ebike riders not legally allowed to be breath tested. Picture Jeremy Piper

Police do not have the power to random breath test ebike riders. Picture: Annika Enderborg

But he said the cocktail of e-bikes, which can travel up to 60km/h, and alcohol was a recipe for disaster.

“You have to consider them like a vehicle, they can go just as fast...and a lot of people who ride them are not experienced,” Dr Novis said.

In 2023, St Vincent’s recorded 80 people presenting with injuries from an e-bike accident, compared with just 14 the year before, an increase of more than 400%. Dr Novis said a worrying number of those people were under the influence of alcohol when they were injured.

The Daily Telegraph can reveal a loophole in the law whereby police are powerless to breath test an e-bike rider unless they have been involved in a crash.

Unlike motor vehicles which can be randomly pulled over and the driver breathalysed, e-bikes cannot.

In a statement, NSW Police said they conduct targeted operations to educate and engage with e-bike riders and enforce any offences committed on roads, but “there is no legislative provision to breath test riders of e-bikes”.

Shadow minister for roads Natalie Ward said e-bikes will “quickly turn into a nuisance” if the government doesn’t intervene immediately.

Share e-bikes from Lime and Hello Ride lay tipped over on the sidewalk at Martin Place. Picture: Max Mason-Hubers

“Most riders do the right thing, but for those who don’t, there needs to be appropriate deterrence and enforceable powers,” she said.

“If first-responders are saying more needs regulation is required, it is something we need to seriously look at.”

 Head of trauma at St Vincent’s Hospital Dr Tony Grabs said avoidable injuries such as those suffered from an e-bike crash put unnecessary pressure on resources and taxes.

“They’re an enormous cost for hospitals, blood banks and paramedics...in the case of a severe head injury, there’s a large amount of money for an ICU stay, rehabilitation costs and that person may never work again,” Dr Grabs said.

“Sometimes these injuries are a long term deficit the community has to fund through taxes,”

He said it was time stricter rules were put in place and e-bikes were treated the same way as cars and motorbikes.

“You can’t ride a motorbike without a licence, and these (e-bikes) are a powered vehicle,” Dr Grabs said.

A NSW Government spokesperson last night said the figures from health authorities and the loophole were very concerning.

“People who are intoxicated shouldn’t be driving e-scooters, e-bikes or anything like that, it’s against the law, not to mention a serious danger to themselves and other people,” the spokesperson said.

The spokesperson said the government will continue to review the e-scooter regulatory settings in NSW and also look at other jurisdictions such as QLD where they are considering introducing random breath tests on riders.

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