New laws: E-scooters and similar devices allowed on public roads

From July 13, South Australians will be able to legally operate privately owned e-scooters and similar electronic mobility devices in public areas, including on roads.

While the brightly coloured hire e-scooters that permeate city footpaths can be legally operated, the current law operates such that similar devices can be legally purchased but not operated anywhere other than private property.

The penalty currently for riding a privately-owned e-scooter or similar device is quite significant because the person is essentially operating a motor vehicle without registration. The problem is that, under the current law, it is impossible to register an e-scooter.

However, some clarity will come on Sunday July 13, when new laws come into effect that will allow you to operate your e-scooter (or similar electronic device) without fear of falling foul of our road traffic laws. The changes to the seem to be controversial and highly anticipated in equal measure.

Here are the basics:

• A person must be aged 16 years or older to operate such a device.
• The devices do not need to be registered or insured.
• On roads with a maximum speed limit of 60km/h, only e-scooters can be operated so long as they do not travel faster than 25 km/h and are confined to the bike lane.
• On roads with a maximum speed limit of up to 50km/h e-scooters in addition to other electronic devices such as e-skateboards and e-solo-wheels can be operated and, again, must not travel any faster than 25km/h.
• On footpaths, beaches and shared paths, both e-scooters and other electronic devices can be operated but must not travel any faster than 10km/h.
• Both using a mobile phone while riding such a device and carrying passengers will not be permitted.

Like cyclists, riders are otherwise required to wear a helmet in all cases and if they are going to be operating such a device at nighttime, they must have a flashing light.

It also important to remember that it is an offence to operate such devices under the influence of drugs or alcohol.

The legalisation of the use of such devices in South Australia has been a long time coming. This mostly results from the complexity as to how such devices are captured by our road traffic laws and the difficulty in casting a net over all types of electronic devices and subject them to the same regulation.  

Another issue that has given rise to complexity is the question of insurance.

You are required to register your motor vehicle in South Australia to use it on the road, which carries with it compulsory third-party insurance. This is one of the policy reasons underpinning the considerable fine for driving an unregistered vehicle, because by doing so you are essentially driving on the road without any insurance.

The lack of insurance attaching to the use of e-scooters and similar devices has raised concern for organisations such as the Law Society, which called for a review of the regulatory framework when it comes into place. Other organisations have raised concerns about the possibility of injuries arising from increasing e-scooter use, particularly on footpaths.   

If you do plan on using your e-scooter it might be prudent to consider your insurance options, noting you may be personally liable for any accidents that you cause.

Otherwise, it is essential to always remain aware that your right to use an e-scooter or similar device in public is subject to the limitations outlined above.

The team at Craig Caldicott Lawyers has considerable experience in all traffic matters and can assist you should you find yourself in any matter involving the use of an e-scooter or similar device.