Electric scooters are gaining popularity in Australia. Advances in technology mean that they are now capable of longer ranges, increased speeds, and shorter charging times. Specialist scooter stores such as Scooter Hut stock a wide range of scooters ranging from a few hundred dollars up to $4000. They are quiet, lightweight, environmentally friendly, and can be folded up at the end of a commute without taking up a parking space. Unfortunately for riders in NSW, it is illegal to ride an electric scooter anywhere other than on private property. Riders risk being fined, charged, and even having their scooter confiscated by Police.

Electric scooters and the law in NSW

In New South Wales the Road Transport Act defines a "vehicle" as being any description of vehicle on wheels. It goes on to define a "motor vehicle" as being "a vehicle that is built to be propelled by a motor that forms part of the vehicle" and a motorcycle as being a "motor vehicle with two wheels". While there are exceptions for some power assisted / motorised bicycles these exceptions do not apply to scooters. This is because a motorised bicycle uses a motor to assist the rider. Electric scooters do not have pedals and are therefore legally defined as a motorcycle.

Where can electric scooters be ridden?

In New South Wales it is illegal to ride an electric scooter on any road or any road related area. A road related area includes areas such as foot paths, cycle paths, and even public car parks. Unfortunately, until these laws are changed the only place you can legally ride in NSW is on private property.

Penalties for using an electric scooter in NSW

Because electric scooters are legally classified as a motorcycle, riders must wear an approved motorcycle helmet, hold a valid motorcycle licence, and obey the same road rules as motorcycle riders. The main issue is that an electric scooter is a registrable motor vehicle however as they do not meet the Australian Design Standards they are ineligible for registration. This means that riders can be fined or charged with riding an unregistered vehicle, an uninsured vehicle, and a vehicle on which registration tax has not been paid. Police can even seize your electric scooter and apply for it to be forfeited to the Crown. You can also be fined for not having the correct type of licence or charged if your licence has been suspended or disqualified. Below is a list of common offences applicable maximum penalties.

Offence Penalty Notice Max Court Penalty
Using an unregistered
vehicle		 $686 $2200
Using an uninsured
vehicle		 $686 $5500
Using a vehicle with tax
not paid		 $686 $1100
Not wearing an approved helmet $344 $2200
Drive unlicensed
(No class R)		 $572 $2200
Drive while suspended
(1st offence)		 No penalty notice option $3300
Disqualification 3 to 6 months
Imprisonment up to 6 months
Drive while disqualified
(1st offence)		 No penalty notice option $3300
Disqualification 3 to 6 months
Imprisonment up to 6 months

Will electric scooters ever be legal in NSW?

Electric scooters are legal in many countries around the world. They have been recognised as a cheap and efficient means of transportation. In New Zealand they have adopted an approach which allows almost any battery powered vehicles to be ridden provided they fit the definition of being a low powered vehicle. In Brisbane the law was amended to allow of trial of electric scooters. These were used on a ride share basis and operated by Lime Scooters. Scooters can be rented through a phone app and riders are charged a small amount per minute.

The same company has been lobbying for a further trial of electric scooters in Newcastle. If the trials are successful they will probably be made legal in NSW. However, until this occurs riding an electric scooter anywhere other than private property in NSW places you at risk of being prosecuted.

If you've been stopped by Police riding an electric scooter in NSW give one of our traffic lawyers a call for advice and a free case assessment.