E-bike law changes prompt safety warning in NSW over increased power to 500 wattage

A quiet decision made just before the NSW election earlier this year to beef up the power of e-bikes to double has road safety experts up in arms.

Secondary schools students, without helmets on an e-bike at Freshwater. Picture: Jim O'Rourke

A “sneaky” change to NSW laws in the dying days of the former Coalition Government to allow e-bikes to double their engine power to 500 watts – unlike every other jurisdiction in Australia, UK or Europe – has been slammed as “unsafe” by road safety groups and medical experts.

The little-known change – not publicly announced by the then architect of the change Planning Minister Rob Stokes – is now law in NSW.

Road safety expert and trauma surgeon Dr John Crozier says there’s already an “epidemic” of injuries caused by bikes with electric motors, known as e-bikes, as well as from e-scooters. He warned of increased risks with the new, higher-powered engines, to pedestrians and riders.

E-bikes have been involved in a spate of accidents this year, with the death of a rider in Hurstville in June and mounting concerns on the Northern Beaches over pedestrian collisions and reports of teens hooning at more than 42km/h.

Secret documents uncovered in a Freedom of Information request by Pedestrian Council founder Harold Scruby reveal safety concerns raised by transport bureaucrats about the move, which increased the output allowed on e-bike motors from 250 watts to 500 watts, although to the be legal they still must have their engine cut out above speeds of 25km/h.

A secondary school student on an e-bike on Pittwater Rd, Manly. Picture: Jim O'Rourke

Minutes from a working group meeting of transport bureaucrats state: “TfNSW has noted safety considerations and enforcement challenges associated with this proposal. NSWPF (Police Force) raised safety concerns associated with this proposal as well.”

Another secret government document describes the potential “safety considerations” with permitting the 500 watt e-bikes as: “ … by children on footpaths and the interaction with pedestrians on shared paths and other permitted operating environments. There is also the potential for the cut-off speed of 25km/h to be circumvented using software.”

Some of the FOI documents obtained by Pedestrian Council's Harold Scruby about the change to NSW laws allowing e-bikes to power up from 250 watts to 500 watts.

Some of the FOI documents obtained by Pedestrian Council's Harold Scruby about the change to NSW laws allowing e-bikes to power up from 250 watts to 500 watts.

But former minister Rob Stokes rejects accusations the changes make e-bikes unsafe. He said the speed limit remains 25km/h and the change simply adds more “torque”, to assist cyclists on Sydney’s hills, or disabled people or delivery drivers with loads.

Mr Stokes said it was “not a consequential change” and “certainly not hidden – it was simply a minor regulatory change”.

However, Mr Scruby says the rule change renders pedestrians and riders “unsafe” and questions the secrecy and lack of consultation.

“It is a scandal,” he said.

Pedestrian Council founder Harold Scruby has fought to uncover government documents about ramping up the power of e-bikes. Picture: Craig Wilson

“We have spent a lot of time and money and months of GIPA (FOI) requests trying to get to the bottom of this.

“In the end, 25 per cent of the documents requested were refused, and many were redacted. But what it shows is appalling.

“It shows the Minister ignored the entire road safety community. The only organisation included, the Bicycle Retailers Association refused to support the change.

“No-one, repeat, no-one supported the change. And now anyone riding outside NSW on one of these e-bikes will be guilty of riding an unregistered, uninsured motor vehicle, also requiring a motorcycle licence and helmet.

“The safety of pedestrians – and the bike riders – are being put at risk.”

Mr Scruby is calling on current Transport Minister John Graham to reverse the decision.

More of the FOI documents about the way e-bikes will still be defined as a bicycle despite the increased engine capacity that previously would have meant they would be called a moped.

Royal Australasian College of Surgeon’s National Trauma Committee chair Dr John Crozier said “we have an epidemic of injuries from e-bikes and e-scooters being managed in our hospitals currently”.

“We are seeing the penalty being paid by the failure of enforcement in our hospitals, with tragic and preventable injuries.

“It is a concern that pedestrians in such a highly densely populated CBD are being jeopardised with more of these devices with extreme amounts of power.”

Before the rule change, e-bikes with a wattage of 500 watts would have been classified as mopeds – subject to driver tests, vehicle registration and banned from bicycle ways. But after the rule change they can still be classified as e-bikes.

Briefing notes from Transport bureaucrats before the rule change on February 24 state: “I’m surprised that we’re pursuing this e‐bike amendment after the feedback from industry that was largely unsupportive of the change.”

Two teenagers, with their helmets dangling, on an e-bike near Queenscliff Beach. Picture: Jim O'Rourke

“TfNSW is aware that NSW Police consistently report challenges with identifying compliance from illegal e-bikes at the roadside and this challenge may be exacerbated if there is more limited distinction from mopeds and higher wattage devices permitted,” one of the briefing notes uncovered by the FOI found.

Mr Stokes said there was “no way” he would have signed off on anything if there were “unresolved safety concerns”. He also said he consulted experts about the change.

“The key safety issue raised with me was about speed, and we made no change to the speed,” he said.

Asked about potential dangers from quicker acceleration from the increased power of the motors, he said a middle-aged woman on a commute might have more capacity to take off at the lights.

“It’s a lot safer because it means the traffic behind you is not trying to overtake you, you can get ahead and move off to the side where it’s safe to do so. I would argue it’s less safe to have a less torque to get up a hill.

“There were concerns raised by disability groups, people who might be less fit, middle aged, or carrying a bit more of a load, going up a hill – if you had more torque it means rather than going 5km/h up a hill you maybe make it up to 10km/h.”

Roads Minister John Graham was asked if he would consider reversing the decision, and a Transport spokesman responded that the department’s assessment was that “the regulatory change would have minimal impact on safety as a 500-watt motor must cut out when the bike reached a speed of 25km/h”.

Originally published as E-bike law changes prompt safety warning in NSW over increased power to 500 wattage