NSW government explores legalising e-scooters on roads, paths

Plans to potentially allow almost half a million e-scooter riders on the road in one Australian state have sparked this warning.

Plans to potentially allow almost half a million e-scooter riders on streets and roads in NSW has sparked warnings from legal experts that many could face fines.

Draft rules released by the state government on Monday seek to address a “regulatory blind spot” whereby e-scooters can be purchased but not ridden on NSW streets.

The 58 proposed actions include exploring the possibility of legalising e-scooter use on streets and roads, requiring use of a helmet, and banning e-scooters for under 16s.

Despite the potential overhaul, Astor Legal principal lawyer Avinash Singh urged riders to be aware of penalties they potentially faced if they fell foul of existing road laws.

Mr Singh said under current NSW legislation, while e-scooters can be purchased legally they can only be ridden on private property and cannot be insured or registered.

“They’re (e-scooters) technically a motor vehicle, but because they’re not a legal vehicle, technically you cannot get a licence for it,” Mr Singh said.

“For example, you’d have a specific type of licence for a car, specific type of licence for a truck, for a motorcycle, but there’s no actual class of licence for e-scooters.”

Lime e-scooters are in use already in Brisbane. Picture: NewsWire / Glenn Campbell

As a result, Mr Singh said people caught riding an e-scooter outside of public land could face criminal offences, such as driving while suspended or disqualified.

For a first offence, such a charge can attract a penalty of up to $3300, as well as a $572 fine for driving unlicensed, and $344 for not wearing an approved helmet.

Mr Singh said almost every other state or territory other than NSW had “legalised e-scooters in some form”, and the proposal could offer important guidance.

“NSW is the only one dragging its feet, so at least this way with this new trial there will at least be some scheme that can be regulated,” he Singh said.

“So, when people do have an e-scooter they can register them and at least ride them, and some sort of framework would, in my view, assist with safety.”

Transport Minister Jo Haylen said with more than 1.3 million “e-micromobility devices” in NSW, only 22 per cent of riders knew e-scooters were illegal to ride on the street.

“It’s a strange regulatory blind spot, and it has to change,” she said.

“E-bikes and e-scooters aren’t without controversy, which is exactly why we’re taking action.

“It’s clear we need a regulatory framework that will allow people to make the most of this transport option without compromising on community safety.”

The proposal would force e-scooter riders to give way to pedestrians on shared paths and adhere to a 20km/h speed limit on shared and bike paths and on the road.

NSW Transport Minister Jo Haylen says there is a ‘regulatory blind spot’ when it comes to e-scooters. Picture: NewsWire / Jeremy Piper

Riders would also be subject to a 0.05 blood alcohol limit and relegated to roads with a 50km/h speed limit despite many e-scooters able to reach speeds up to 100km/h.

As many as 459,00 e-scooters and 570,000 e-bikes were in use across NSW, the state government said, with 91 per cent of people saying they were convenient for travel.

The report found 34 per cent of e-micromobility trips, which includes e-scooters and e-bikes, were replacing car trips in Greater Sydney, with the figure 45 per cent in regional NSW.

Under the proposed reforms, dedicated parking areas would also be assigned for e-scooters at train stations, including at Central, Circular Quay, Barangaroo and Bondi.

Ms Haylen said allowing commuters to ride to shops or a nearby train station would “take the 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.

The report will be used as part of continuing community engagement on reform, with past shared e-scooter trials and legalisation in other states to be taken into account.

The proposed reforms would also seek to review how shared e-bikes were being used in local communities in NSW and would deliver more shared e-scooter trials.

New safety standards for lithium-ion batteries and e-micromobility devices have already been implemented, with fines for not compliance topping $800,000.