October 28 - November 30, 2024: Issue 636

 

State Government announces 'E-scooters kick toward legalisation in NSW', releases an E-Micromobility Plan: calls for Mandatory Registration, third-party insurance, 'keep them off footpaths' rise in response


On October 28 2024 the NSW Government announced a pathway to legalising e-scooters and fostering safer use of other micro-mobility devices is spelled out in a new E-micromobility Action Plan released by the NSW Government.

'The Action Plan recognises a regulatory blind spot that means e-scooters can be purchased in stores, but can’t be ridden on NSW streets.' the government stated in a release

'The Action Plan will help NSW realise the benefits of increased e-micromobility use, including reducing people’s need to drive short trips and find parking.'

‘These devices will also make train stations, jobs, services and retail precincts easier to access, while also responding to issues and community concerns about e-bikes and e-scooters.‘ the government stated.

'Community engagement on potential changes to rules for e-scooters is ongoing', the government said in its released statement, although nothing has been heard or seen locally from the same so far. 

The Northern Beaches Police Area Command has run education and compliance across the area after several people reported near misses by those riding e-devices at high speeds on local footpaths. The May 2024 e-bike safety campaign, launched and paid for by Council, completes all the community engagement, consultation or education run across our area.

The government's e-scooter changes webpage states 'Before making any decisions on the future use of e-scooters in NSW, we are considering available evidence, along with expert and stakeholder views.'

UNSW stated in February this year the global electric scooter market is valued at more than US$33.18 billion (A$49 billion) and is growing each year by around 10%. The NSW Government's Plan states there has been $728million in economic and social benefits to the Australian economy derived from e-scooters in 2022.

Currently E-scooters cannot legally be ridden on public roads and paths in NSW, only on private property. The exception was where e-scooter trials are taking place, approved by Transport for NSW.

However, retailers have been advertising e-scooters for years, and allowing you to purchase these online and have these delivered to your home in NSW. The NSW Government's released information states it is legal to purchase an e-scooter in NSW but illegal to use it on NSW streets and roads

The Plan’s Draft Rules state e-scooters will remain prohibited on footpaths unless a rider is accompanying a child (under 16) on bicycle or foot scooter or with medical exemption.

The Draft Rules also state, at the same time, they will be allowed on shared footpaths with a Default speed of 20km/h (or lower as marked), will be allowed on roads (including bicycle lanes) with a speed limit of 50km/h or less and No licence will be required, and there will be No mandatory insurance for private use. Insurance would be required for shared e-scooters.

Shared e-scooters are a short-term rental service that allows users to access electric scooters for transportation.

On the same date October 28, the government announced Transport for NSW is enabling NSW councils to trial shared e-scooters in their local government areas. The government also stated that in June 2024, it ‘improved the application process, removing red tape’.

Under the draft rules Tandem riding will be ‘Prohibited’, however, as residents see on a daily basis, young people and adults are regularly seen giving others a ‘dink’ on e-bikes, all without helmets on, although that has been required long before e-bikes eventuated.
The draft e-scooter rules include the need for riders to always wear an approved bicycle helmet and be at least 16 years old.

An earlier Pittwater Online report shared a link to a video of young men, two of whom sustained serious injuries, after the motorised scooter they were on collided with a small hatchback on Glossop Street in St Marys. Three teenagers in all were riding the electric scooter on the road, at speed, when it went through a red light and crashed into a white hatchback, the force of the crash throwing them around metres through the air.

In Western Australia, which allows e-scooters to be on pavements up to 10km/h, there had been two deaths by October 2023 and an average of 15 e-scooter crashes every month, most of which are classed as ‘priority one’, meaning the injuries sustained are life-threatening.  

A Perth grandmother was hospitalised with broken bones following an e-scooter collision in July 2022. She had simply stepped out of a shop and was mowed down.

There had been two deaths in NSW of e-scooter riders by the same month, October 2023. In February 2023 in Sydney's south-west a man not wearing a helmet fell from the one he was riding on a road and sustained head injuries from which he passed away. A teenager struck by a vehicle in Warner's Bay in July 2023 while riding an e-scooter also died. 

The Government's Plan states that between 2020-2023, there were 124 e-scooter police reported crashes, resulting in 3 fatalities, and 116 injuries including 40 serious injuries in NSW.

Figures released for Queensland record there were 1,273 e-scooter-related presentations reported within the state's emergency departments in 2023. This was up 25% from the 1,018 presentations recorded in 2022, and an 84% jump from the 691 presentations logged in 2021. By the end of May this year, QLD emergency departments had already recorded another 558 e-scooter incidents.

A study of data from the Royal Melbourne Hospital reported 256 e-scooter-related injuries in the year to January 2023 – including collisions with nine pedestrians – with a total hospitalisation cost of A$1.9 million.

In June 2024 the NSW Parliament launched a bipartisan inquiry into the impacts of e-bikes and other e-mobility devices within the community. The committee received 314 submissions from individuals and organisations, and over October 29-31 2024 conducted Hearings in the Jubilee Room at Parliament House, in the days immediately after the government's announcement.

Northern Beaches Council representatives who spoke at the October 29 Hearings indicated they had not been informed of the government's decision prior to the announcement. The level of consultation with council so far had been limited to 'a couple of workshops with Transport for NSW around e-scooters and shared schemes'.

NBC's representatives, from Council's Transport and Assets and Transport Network departments within council, also stated:

''The infrastructure that's in place on the northern beaches is not comprehensive. The ability to actually put in place separated cycleways, which is the best practice—because you want mode separation between pedestrians, cars and bicycles—will take years and years. What we have now is we have an immediate problem. 

While Transport for NSW is working with us to provide funding, there's also a capacity issue for councils to deliver it in the short period of time. I would say that it's a challenge, from a council point of view, where you have shared cycleways; it's a challenge where you only have footpaths. I think it's a challenge that we're not going to resolve in the short term.

Part of the challenge is the fact that we support e-mobility devices—they are fantastic for those short trips—but some of our community, and the more vulnerable in our community, just don't feel safe with them...''

Former Policeman and prior Northern Beaches Councillor Pat Daley stated in his submission to the Inquiry that although he supports the use of bikes and the expansion of bike paths; 'these fat wheeled E bikes which are driven like motor bikes on our footpaths at speed are causing much grief and anxiety, particularly for seniors. They need to be registered just like motor scooters and they also need to be regulated. Enough is enough.'

UK grandmother Linda Davis, 71, died after being hit by an e-scooter in June 2022 being used by a 14 year old on a footpath. In the UK the minimum age at which someone can legally ride an e-scooter was 16, but anyone riding an e-scooter must also have a provisional or full driving licence which effectively restricts the minimum age to 17. This means the rider of the e-scooter that collided with Linda Davis was below the legal age. They were also riding on the pavement illegally.

Another submission from a local stated also called for registration of these motorised forms of transport that can travel much faster than others walk; 'On a number of recent occasions, while walking along footpaths of the Northern Beaches, I and other people have been nearly hit by speeding e-bikes and e-scooters. The riders had given no warning bell ringing. They caused alarm and fear of serious injuries. Some riders and their pillion passengers wore no helmets for their own safety. I request that legislative & other measures be taken to: 1. improve policing of use of e-bikes and e-scooters (if permitted) to improve public safety, particularly on public footpaths & driveways; 2. require compulsory registration and third-party insurance of e-bikes and e-scooters 3. require affixed number-plates to be prominently displayed, fore and aft. 4. legislate fines for non-compliance and for injuries to other persons & property'.

Westmead Children’s hospital trauma specialist Dr SV Soundappan told the parliamentary inquiry there has been a significant rise in presentations in 2024 due to collisions with children sustaining fractures, complex fractures, brain bleeds and internal organ injuries, as well as significant head injuries.

As part of its inquiry into the use of e-scooters, e-bikes (including shared schemes) and related mobility options, an online questionnaire was made available to encourage public participation in the inquiry. Based on the postcodes provided (as an optional question), Narrabeen was among the top five suburbs with the most respondents. 

The Royal Australasian College of Surgeons NSW branch pointed out in its submission that in this questionnaire there was 'an allowance to increase the risk to members of the public that are not users by asking for interest in allowing the vehicles on shared pavements'.  

The RACS stated 'we do not support shared paths with pedestrians'.

In its report on its questionnaire to 'Question 12: Should light electric vehicles be allowed on shared paths where pedestrians and e-mobility aid users are present?' it is stated there were 480 for yes, 430 for no and 388 responded 'it depends'. However that report states; 'The most responses to this question (37 per cent) supported the view that light electric vehicles should be allowed on shared paths where pedestrians and e-mobility aid users could be present'.

The Justice and Equity Centre pointed out in its submission; 'Across Australia, there have been reports of accidents involving e-scooters and injuries to pedestrians (particularly on footpaths). While these issues and accidents are relevant to all members of the public as pedestrians, through our work we are aware this issue disproportionately impacts people with disability and is of significant concern to them.

For example, there have been collisions and accidents between e-scooter riders and people who are blind or vision impaired. Improper parking of e-scooters blocks access to footpaths and kerb ramps, particularly for wheelchair users, or access to Tactile Ground Surface Indicators and audio-tactile traffic indicator buttons for people who are blind or vision impaired.'

The potential rise of taxpayer funded health services costs and extra policing required costs was not outlined in the government's released statement, but some of what be needed is discussed in the E-micromobility Action Plan.

Mayor Sue Heins stated in her Friday November 1 2024 ‘Mayor’s Message’;
‘’This week Council staff gave evidence at the NSW Government Inquiry into the use of e-scooters, e-bikes and related mobility vehicles. While the growth of these transport options has some great benefits, it’s clear regulation and education is lagging and action is needed to address both pedestrian and rider safety.

The Inquiry provided the opportunity to share resident concerns with the state parliament and call once again for reforms.

Among other things what’s needed is clear unambiguous legislation to enable police enforcement, speed management and a framework to define types of devices, linked to a range of regulations such as age and passenger limits, permissibility to use footpaths and other areas and licencing requirements. Manufacturing standards and import regulations are also needed so, for example, if an e-bike is not permitted to go above 25km/hour it should not be made to reach speeds greater than this.

The NSW Government flagged their intention to legalise e-scooters as part of a new E-micromobility Action Plan. I look forward to hearing more about how this will work and how the potential impacts of this on local government and the community will be ameliorated.’’

The state government’s release states their latest data shows:
  • 1 million NSW residents have ridden an e-scooter
  • There are around 570,000 e-bikes and 459,000 e-scooters in homes across NSW
  • 91% of people who use e-scooters in Australia find it a convenient way to travel
  • 34% of e-micromobility trips are replacing car trips in Greater Sydney, 45% in Regional NSW.
The Action Plan includes 58 actions including key activities like:  
  • Reviewing how shared e-bikes are operated in local communities.
  • Reviewing the road rules in relation to e-micromobility, including exploring options for the legal use of e-scooters on streets and roads
  • Delivering more shared e-scooter trials. 
One action, introducing new safety standards regarding the sale of lithium-ion batteries and e-micromobility devices, had already been implemented by NSW Fair Trading. Sellers of devices like e-scooters and e-bikes will soon face penalties of up to $825,000 if they do not meet strict new device standards.

Another action, a pilot for marked, dedicated parking bays for shared e-bikes, is underway at nine train stations around Sydney: Central, Circular Quay, Wynyard, Barangaroo Metro, Newtown, Sydenham, Marrickville and Bondi Junction. The aim of this new parking trial is to make it easier for riders to know where to safely park their e-bike without creating clutter. 

‘NSW has also learnt from our Shared E-scooter Trials and other jurisdictions that have legalised e-scooters. This will help us get the right regulatory framework in place, making future riding of e-scooters on our streets safe for all road users and pedestrians.’ the government’s release statement says

An E-micromobility Interagency Group, set up in May 2024 and made up of 15 NSW Government agencies, is coordinating delivery of actions across NSW.

For more information on the potential changes to e-scooter use, see: www.transport.nsw.gov.au/e-scooter-changes.
For more information on the E-micromobility Action Plan, visit: www.transport.nsw.gov.au/e-micromobility.

Minister for Transport Jo Haylen said:

"There are already 1.35 million e-micromobility devices in homes across NSW. Almost 460,0000 of these are e-scooters. But only 22% of people across the state know it’s illegal to ride e-scooters on our roads and streets. 

“It’s a strange regulatory blind spot, and it has to change.    

“E-bikes and e-scooters aren’t without controversy, which is exactly why we’re taking action. It’s clear we need a regulatory framework that will allow people to make the most of this transport option, without compromising on community safety.  

“Allowing people to ride an e-scooter to the shops or nearby train stations will take pressure off our roads and lessen competition for parking. It’s a big win for everyone, we just have a bit more work to do to get the balance right.” 

On Wednesday October 30 the  Australian Lawyers Alliance released its own statement in which the association of lawyers, academics and other professionals urged the NSW Government to mandate that private owners of any e-mobility device have insurance, including third-party insurance, and that e-scooter programs run by local councils in NSW are conducted only by companies which offer adequate insurance for hirers.

“It is necessary to progress this reform now,” said Genevieve Henderson, NSW President, Australian Lawyers Alliance. “Despite the growing frequency of use of e-mobility devices in NSW, regulations, registration requirements and insurance requirements are yet to keep up.

“This reform will become especially urgent if the NSW Government allows privately-owned e-scooters to be ridden on public roads and in public areas in the future. Although this is effectively already happening with e-scooters and powerful e-bikes known to be injuring pedestrians on both suburban and city footpaths across NSW.”

Ms Henderson today told the NSW parliamentary inquiry into the use of e-scooters, e-bikes and related mobility options that reforms and updates to the relevant legislation, regulations, policies and contracts are essential.

“E-scooters can and do cause significant injury and there have been increases in e-scooter accidents in Australia in the last 12 months. E-mobility devices are heavy and can travel at speed making the risk of serious injury high,” said Ms Henderson.

“Many who use an e-mobility device are probably unaware that they put all their assets, including their home, on the line if they cause injury to someone else while using that e-mobility device. E-mobility device users need insurance cover to avoid being sued personally.

“Similarly, those who are run down by an e-mobility device could suffer serious injury and yet be left to meet their own lost wages and medical bills.

“No one should be in the position of losing their own home after being the innocent victim of the negligent use of an e-mobility device by an impecunious, uninsured e-mobility device operator.”

The Australian Lawyers Alliance says that protections are needed to ensure that anyone injured by an e-mobility device can receive treatment and fair compensation for their injuries.