New Rules Surrounding E-Bikes and E-Scooters

E-scooters and e-bikes have become increasingly popular in recent years. Currently, there are roughly 1.35M e-micromobility devices in NSW homes, with 18-29 year olds being the most frequent users of these vehicles. Additionally, 47% of people use e-micromobility devices to access public transport, and they are also a great way to be more environmentally friendly.

However, the regulation and rules surrounding their use and modification is confusing and unclear, and e-bike riders often don't understand their duty to give way to pedestrians. Additionally, there are community concerns around device modification and safety risks on the road. Accordingly, Minister for Transport, John Graham, has stated that "these devices are creating an evolution in how people move around, and that's a good thing, but we need to get the balance right."

In 2024, the NSW government put forth their E-micromobility Action Plan. Now, they are seeking to build upon this Plan to expand the rules and regulations surrounding the use of e-scooters and e-bikes.  This action being taken is part of the NSW government's response to a recent Parliamentary inquiry, which claimed the current rules surrounding the use of e-scooters and e-bikes are "outdated and ineffective."

E-scooters will now be legalised on shared paths with a default speed limit of 10km to 20km per hour, and are legal for independent riders aged over 16.

E-bikes are not subject to a speed limit because they must be mostly propelled by riders. This is because its motor is not the only source of power but rather, is primarily used to help riders when starting off their ride or going uphill. Minors are allowed to ride e-bikes without a licence or formal training.

For both these vehicles, riders must give way to pedestrians using shared paths, and helmets are mandatory.

Additionally, there are other regulations designed to enhance the safety of these e-micromobility devices. Specifically, safety standards and risk-based protocols will be established to limit battery fires. There will also be efforts to boost rider and road user education, including voluntary tests, campaigns and in-school road safety education programs.

However, there has been some criticism surrounding the proposal of these new rules. The NSW Police is tasked with enforcing these rules, however, Harold Scruby from the Pedestrian Council of Australia has claimed that the NSW Police are currently ineffective in enforcing current rules surrounding the use of e-micromobility vehicles, stating that "they can't [enforce the rules] now, so why are they going to do it when...hundreds, thousands more of these [vehicles are] on our footpaths."

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