Electric scooter NSW: Possible traffic violations

What are your possible traffic violations if you're using an electric scooter NSW?

As of writing, Transport for NSW and NSW local councils are working together to allow shared e-scooter trials. This means that the use of personal e-scooters are still illegal on NSW roads and road-related areas. The law only allows these in private property.

The NSW government conducts these trials to collect helpful information about the use of scooters in public areas because there's a growing usage of its use in NSW. Moreover, councils and local authorities must apply to run a trial.

What Is an Electric Scooter NSW?

An electric scooter NSW can be classified as a motorcycle or a motor vehicle. Under the Road Transport Act 2013, a motor vehicle is 'a vehicle with a motor to propel it and such motor forms part of the vehicle.' Thus, it is a registrable motor vehicle. Specialist scooter stores stock a wide range of scooters ranging from a few hundred dollars up to $4,000

However, these battery powered vehicles in NSW are still on a trial program to test its feasibility and safety. If NSW police catches you using an electric scooter NSW in prohibited areas, they may seize your scooter. Under Section 79 of the Act, the police may validly seize any unregistered registrable vehicle. After the police seize your e-scooter, the following process takes effect:

1. On application of the police, the Local Court will declare the forfeiture of the vehicle to the Crown.
2. After making such application, they will send a notice of the application to the person who was in custody of the vehicle during its seizure.
3. However, if the person proves to the Local Court that he had no intention to evade registration, they will not issue an order of forfeiture.
4. The aggrieved person may appeal against the Local Court order to the District Court.
5. Transport for NSW may waive the forfeiture order if there is payment of a fine equivalent to the registration or renewal fee and motor vehicle tax or registration charges or administration fees and a further fine of 20% of the sum of those fees.
6. If you don't pay the fine, Transport for NSW will dispose your electric scooter.

Electric Scooter NSW Traffic Offences

The use of electric scooter NSW is still illegal as of June 2024. However, here are the possible electric scooter laws and offences that may apply:

Are electric scooters legal? As a general rule, people cannot ride electric scooters in NSW roads or road-related areas. The law classifies electric scootesr as 'motorcycles' but they are ineligible for registration as of the moment because they don't comply with the Australian Design Rules (ADR). Thus, they are considered an unregistered vehicle and using such type of vehicles will merit a penalty notice of AUD 686 and a maximum court penalty of AUD 2200.

Tips for Using an Electric Scooter NSW

Illegally using an electric scooter in New South Wales will incur heavy fines and penalties. Thus, whenever you use electric scooters, you must be careful. Most importantly, you must make sure that it's from an approved e-scooter provider in areas that are approved as trial areas.

Here are some tips when using shared e-scooters under the trial program:

• Wear an approved motorcycle helmet at all times when riding an e-scooter.
• Use the e-scooter lights when riding in darkness or hazardous weather conditions.
• A BAC limit of 0.05 applies when riding an e-scooter.
• Drug driving penalties may still apply to you. Thus, you must not have illicit drugs in your system when you're riding a shared e-scooter.
• You don't need to have driver's licence to ride a shared e-scooter.
• Wear brightly-coloured clothes and accessories so other road users can immediately see you.
• Ride carefully and make sure you're giving the right signals that would clearly indicate your intentions.
• Shared electric scooter operators must have insurance to cover for their devices.

E-Scooter-Related Injuries

A 2023 study on patient presentations to the Royal Melbourne Hospital shows that there were 256 electric scooter injuries, comprising 247 riders and nine pedestrians. These patients were found to have alcohol intoxication as their blood alcohol level was )0.05%. Moreover, recreational drug was also discovered in their system.

Most of these e-scooter-related injuries were from falling off their devices. Moreover, pedestrians were injured due to a collision with electric scooter NSW riders. The types of injuries they get from e-scooter accidents include abrasions, lacerations, contusions, and fractures. Other upper body injuries include dental injuries, head injuries, vascular injuries, abdominal injuries, sprains, and joint dislocation.

Electric scooters' popularity have increased worldwide, so does e-scooter related injuries. Although e-scooter usage may be convenient and cost-effective to some, the injuries that riders will likely get in case of an accident or if they're not careful enough will only cost them more. This is because the victims may require immediate medical attention, hospital admission, or worse, surgery.

Get Assistance from Traffic Lawyers

E-scooter offences have heavy fines that will loot your pocket instantly. That's why you need a traffic lawyer who will explain everything to you so you will understand the legal implications of your violations.

At  JB Solicitors, our lawyers are competent and experienced in handling various traffic offences, from simple traffic violations to alcohol or drug driving.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.