The NSW Government has tabled a report to parliament recommending e-scooters be legally allowed on shared footpaths if ridden by persons over 16.
If legislated, NSW would be in synch with Queensland, Tasmania, Victoria, South Australia and Western Australia.
Currently in NSW, e-scooters are banned from use on public paths and roads – except in trial zones.
A 10-20km/h speed limit would apply to e-scooter riders on shared paths and a 20km/h limit on roads where the speed limit is 50km/h or below.
The government’s recommendations are in response to a parliamentary inquiry into the use of e-micromobility devices.
E-bike speed limits would remain unchanged, with the same rules and responsibilities applying to the devices as regular bicycles. However, the government intends to review the definition of an e-bike and the potential for footpath riding in the NSW Road Rules.
“We believe a sensible set of rules will promote the health and lifestyle benefits of e-bikes and e-scooters while protecting the safety of riders and everyone else sharing the paths and roads with them,” NSW Transport Minister John Graham said.
Police will be responsible for enforcing the new rules.
Among the hundreds of organisations and individuals to present submissions to the inquiry was the Pedestrian Council of Australia.
Its CEO, long-standing road safety advocate Harold Scruby, questioned the enforceability of the new rules. He told GN: “The police don’t have the resources to enforce them.”
Scruby – who appeared before the inquiry in October last year – said the views of pedestrians had been ignored. “I don’t think they know we exist,” he said. “It’s a joke, an absolute joke.”
The government says there are around 1.35 million e-micromobility devices across NSW.
- 47 per cent of people use them to connect to public transport
- 34 per cent of trips replace car trips in Greater Sydney; 45 per cent in regional NSW
- the highest usage is among those aged 18-29, followed by 11-17, followed by 30-49, including working parents.
“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,” Graham said. “There’s still a lot of work to do but this provides a clear path forward when it comes to properly integrating and regulating this relatively new form of transport.”
Following a spate of accidents, Queensland is also holding an inquiry into e-micromobility devices.
From 2021 to 2024 there was a 112 per cent rise in injuries to riders, passengers and pedestrians. There have been fatalities, too. Last year, eight people died in Queensland while using a e-micromobility device.
While supporting inquiries to identify ways to improve safety, We Ride Australia executive director, Peter Bourke, told GN there needs to be a harmonisation of regulations.
“We have different regulations between different states, and between the federal government and the states,” he said. “The governments should be working together; the individual approaches are not going to create the optimum outcome for the country.”
Presently, import, sale, and road regulations don’t align, said Bourke. “We have a situation where products in Queensland are legal to sell but illegal to use but they’re illegal to sell in NSW but legal to use.”
Minister for Roads Jenny Aitchison acknowledged people were perplexed by the rules. “We know there is confusion around the current rules, and we’ve seen some dangerous behaviour, so we’re urging people to exercise caution. E-bike riders should always give way to pedestrians, wear a helmet and check their device is road-legal. It is currently illegal to ride an e-scooter on public roads and paths.”
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