The popularity of E-Scooters across the ACT has skyrocketed since the shared E-scooter scheme commenced in late 2020. E-Scooters are now considered a personal mobility device under ACT legislation, making them legal to ride on road related areas in the territory. However, this change in legislation also places restrictions on E-Scooter use, opening up liability for its users.
In NSW riding a personal E-Scooter on a road or road related area remains illegal in most areas but E-Scooter trials are being undertaken in regional NSW. However, E-Scooter can still be operated on private property.
E-Scootering Under the Influence
E-Scootering has increased in popularity as a mode of transport across the ACT and with this comes an increased risk of drink-riding. It is an offence under s24A the Road Transport Alcohol and Drugs Act 1977 to ride an E-Scooter on a road or road related area whilst under the influence of alcohol or drugs.
Q: What constitutes being ‘under the influence’?
Unlike with other motor vehicles, intoxication ranges and blood alcohol content are not considered for E-Scooter users. Instead, the law requires E-Scooter users to be under the influence to ‘such an extent that the person is incapable of having proper control of the vehicle’. In some cases, this could be difficult for the prosecution to prove. Simply having what would be the prescribed concentration of alcohol for normal drink driving may not be enough to prove that an E-Scooter rider necessarily did not have proper control.
Q: How would I be found guilty, and what happens if I am?
If you are found guilty of driving an E-Scooter under the influence on the road, you may be liable for a maximum penalty of 30 penalty units and/ or 6 months imprisonment (or up to 12 months for repeat offenders). However, if you are E-scootering under the influence on a road related area, the maximum penalty is only 20 penalty units.
There are a range of defences that may be available to you, including mistakes of fact. Alternatively, it is not an offence to push, carry or control the E-Scooter whilst under the influence, so you may argue that you were not standing on the vehicle whilst intoxicated.
Q: What is a ‘road related area’?
A road related area is a broad term that encompasses vehicle-friendly paths including footpaths, nature strips and the shoulder of a road.
Other E-Scooter Offences
In addition to riding under the influence, E-Scooter users may be liable for a number of other offences including:
Speeding
It is an offence to exceed the speed limit on an E-Scooter. In the ACT the E-Scooter users cannot exceed 15 km/h on a footpath, or 25 km/h on other road related areas (such as bicycle paths). It is important to be aware that a vehicle exceeding 25 km/h is no longer considered an E-Scooter and is referred to in legislation as a motor vehicle, thus the offences and their penalties differ.
Helmets and Warning Devices
Riders must use an approved helmet when operating their E-Scooter, or they may be liable under s244FB of the Act. The two main shared E-Scooter companies in the ACT (Neuron and Beam) both provide helmets with their scooters that meet the appropriate standard. However, certain religious groups that require a type of headdress be worn that makes it impractical to wear a helmet may be exempt from this rule.
It is also a requirement for the E-Scooter to be equipped with an appropriate warning device (i.e. a bell or a horn) that is in working order. Beam and Neuron scooters across Canberra should all be equipped with working bells.
Multiple Riders
It is an offence for more than one person to use an E-Scooter at a time. You may be liable under s244HA of the Act if you carry a passenger on your E-Scooter.
Licences and Age Restrictions
Whilst a driver’s licence is not required to operate an E-Scooter on a road or road-related area, there are certain age restrictions on E-Scooter usage. In the ACT, children under 12 require adult supervision when operating an E-Scooter.
Mobile Phone Use
It is an offence under s244GA of the Road Transport (Road Rules) Regulation 2017 to use your mobile phone whilst riding an E-Scooter. However, there are some exceptions to this rule. If the mobile phone is being used in a fixed cradle as a driver’s aid (i.e. GPS), or the use of the device does not require the phone to be touched by the user (i.e. use of Siri) then an offence has not been committed. Additionally, music can be played off of a mobile phone whilst the user is operating the E-Scooter, so long as the user is not holding it. Whilst sending a text would constitute an offence, automatically receiving a communication notification is not an offence, so long as the message is not opened.
Riding in Hazardous Weather
Unlike other motor vehicles, it is an offence to operate an E-Scooter at night, or during hazardous weather conditions if they are not equipped with the correct visibility devices. These devices include a front and rear white light and a red reflector.
Angelica Gordon