SAESK8 - Electric Skateboarders, EUC and Onewheel South Australia

About the Law

 

Did you know that privately owned personal mobility devices such as electric skateboards, electric scooters, electric unicycles, electric Onewheels and some electric bicycles are illegal to operate in public?

Unfortunately, it’s true for South Australians. Despite these new forms of transportation having existed for well over a decade now and being in full scale production throughout every region in the world, we here in South Australia are lagging far behind in regards to the law.

When reading or hearing about these devices in the media, you will find they are being referred to as either electric PMDs (personal mobility devices) or PEVs (personal electric vehicles). Another term you may encounter is “electric micro-mobility”.

After several years of our members attempting to convince the Transport Minister Corey Wingard MP and the Marshall Liberal State Government of South Australia to fix the current laws, there has been no guarantee that there will be an amendment to the current laws to address the National Transport Commission’s new changes to the Australian Road Rules to include these electric personal mobility devices.

Currently the laws in South Australia only allow for the operation of commercial electric scooters owned and leased to the public by corporations (for instance, the Beam scooters you will see parked on footpaths around the Adelaide CBD and esplanades). Citizens are not permitted to operate their privately owned devices in public. This is an unfair double standard which has been arranged to benefit big business at the expense of our rights to free movement and freedom of choice.

During their term, the Marshall Liberal State Government threw fairness aside in order to allow these businesses to corner the market, and they have received large contract payments in their arrangements with these companies as reward. Commercial licenses continue to be renewed in favour of business and profit, while we continue to be ignored.

Our laws should accommodate all circumstances, so that those who wish to purchase their own electric personal mobility device can do so, without delay or fear of being fined ludicrous amounts for doing the right thing for the environment and their own personal finances. The fines currently issued to users of these devices have ranged from $800 right up to $2,500. There is no consistency with the policing and fining of the users of personal mobility devices in South Australia. Some users have even had the threat of their drivers licenses being revoked. This is unacceptable, and socially backwards policing and lawmaking. In some cases we’ve heard, SAPOL officers are advising the public these privately owned devices are legal, where other cases SAPOL officers have fined and even confiscated our devices. This complete lack of consistent policing is why proper legislation is badly needed. The current laws do nothing but cause confusion and create discord between the public and SAPOL officers trying to do their extremely difficult jobs. We do not want this, and nor do they.

What we want is simple: parity with bicycle laws. This would be a fair solution for all commuters, while taking into consideration both convenience and safety. Electric micro-mobility shares many similarities with bicycle mobility, yet also some differences, which we also take into consideration when presenting our drafts for new legislation to South Australian lawmakers and politicians.

Electric personal mobility device adoption is critical to reducing congestion on our roads and combating climate change, as well as providing an alternative, clean, and affordable means of transportation for citizens of Australia and the world. It should be no different here in South Australia. While the laws remain as they are, they actively discourage the adoption of these devices, which in turn is holding back the future of personal transportation in this state.

Anyone who has lived in Adelaide in the last three to five years can agree that since the beginning of the COVID-19 pandemic, congestion on our roads due to the abandonment of our public transport system and the subsequent overuse of motor vehicles has pushed the limits of our road infrastructure. Now we are struggling to catch up as long overdue roadworks flood the city and increase the amount of time we spend sitting in our cars. As soon as the borders open up, families will flock to Adelaide from the eastern states to live a more peaceful and affordable life, away from the negative impacts of pandemic outbreaks. Our city is about to become a lot bigger, and we need to change with the times.

We campaigned for a change of government in the March 19th, 2022 state election. Fortunately we have a new Malinauskas Labor State Government, committed to working with us and the public to implement fair laws by introducing new legislation in the near future. Amendments and new legislation must be created to facilitate the new guidelines specified by the National Transport Commission in the recent changes to the Australian Road Rules.

You can read more about the changes made by the National Transport Commission here: https://www.ntc.gov.au/transport-reform/ntc-projects/Barriers-to-the-safe-use-of-innovative-vehicles-and-motorised-mobility-devices

Currently, these devices have only been made legal to use on local roads, dedicated bike paths and shared footpaths in QLD, ACT, WA, VIC and Tasmania. It is wonderful to have a working foundation and framework already in place which our state government can build and improve upon. To give you an example of fair lawmaking regarding electric personal mobility devices, we have formulated draft legislation which is a combination of the best existing QLD and ACT laws:

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SAESK8 PERSONAL ELECTRIC VEHICLE DRAFT LEGISLATION 2023

The definition of a personal electric vehicle (PEV):

    – propelled by one or more electric motor(s); and

    – designed for use by only 1 person; and

    – weighing not more than 60kg unladen; and

    – with 1 or more wheels; and

    – with a brake system; and

    – with dimensions not more than:

        – 1500mm in length; and

        – 700mm in width; and

        – 1500mm in height

 

PEVs are permitted to travel on footpaths, shared paths, bicycle paths and the bicycle side of separated paths. PEVs are permitted to travel on local roads 50km/h and under as long as they remain as far left as practical. PEVs are permitted to travel on roads above 50km/h provided there is a dedicated, painted bike lane. PEVs are not permitted to travel on freeways or expressways under any circumstance.

When PEVs are traveling on roads shared with other motor vehicles, PEV users must use hand signals and adhere to the same laws as they apply to bicycle users.

A person on a PEV may use the road if there is no suitable footpath, shared path or nature strip next to the road or it is impractical to travel on one of those areas. If a person on a PEV is required to use the road, they must travel on the road by the shortest, safest route and not stay on the road for longer than necessary.

Personal mobility devices can be used on private property where the road transport law does not apply without restriction.

Provided that the PEV adheres to the weight and dimension limits outlined in this document, they are permitted to be carried on all public transport, but must be controlled in a stationary position at all times, and not ridden onto or inside any public transport vehicle.

 

Speed Restrictions:

    – You must slow down to 10km/h when approaching and travelling across a crossing;

    – You must not travel at a speed faster than 15km/h when travelling on a footpath;

    – You must not travel at a speed faster than 25km/h when travelling on shared paths, bicycle side of separated paths and bicycle paths;

    – You must not travel at a speed faster than the specified road speed limit when travelling on shared roads with other motor vehicles

 

Other Requirements:

    – You must wear an approved bicycle helmet;

    – You must have a warning device such as a bell fitted to you or your device, or be able to clearly vocalise your movements to other footpath and shared path users where possible;

    – You are not allowed to use a mobile device while operating the device;

    – You must not be impaired by alcohol;

    – You must have lights and reflectors on either the device or your person at night or in hazardous weather conditions;

    – You must not carry any passengers or carry children behind PEVs in carriages or trailers;

    – You must not carry any unsafe or unsecured loads;

    – You must give way to other pedestrians and keep to the left. It is the responsibility of all users to share the footpath and road and be mindful of other users;

    – You must not be towed by road vehicle or otherwise hold onto the back of road vehicle;

    – You must not ride within 2m of the rear of a moving road vehicle continuously for more than 200m;

    – Children under the age of 16 must not use a PEV with a power over 250w without adult supervision;

    –  You must obey all applicable SA road transport laws;

    – You can travel across a road on a children’s crossing, marked foot crossing and pedestrian crossing while on your device as long as you:

        – Approach the crossing no faster than 10 km/h

        – Check for any approaching traffic and

        – Be prepared to stop

    – When on the crossing, you must:

        – Not travel faster than 10 km/h

        – Keep to the left of the crossing

        – Give way to other pedestrians on the crossing and

        – Not travel alongside more than one other personal mobility device user

    – You can travel on public beaches while on your device as long as you:

        – Maintain a distance of at least 2m when passing all other beach users

        – Not travel faster than 10 km/h when passing beach users that are not in a vehicle

        – Keep to the left when passing oncoming vehicles

        – Pass on the right of vehicles travelling in the same direction, only when safe to do so

        – Travel above the low tide mark at all times

        – Not travel in the dunes above the high tide mark or through any protected areas

        – Be prepared to stop

 

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This draft provides an excellent platform which we can build upon in the future. It will assist in keeping the public of South Australia safe and help users of electric personal mobility devices understand their place within our community. We have urged the current Malinauskas Labor State Government to amend our laws to bring them closer to those set by sensible interstate governments. We have submitted our 600+ signature written petition to the office of the Police Minister, Joe Szakacs MP so that parliament may hear for the first time a formal complaint from the South Australian public in regards to the current state of the law. Currently the South Australian parliament does not accept online petitions (another example of how far behind our state has fallen). We are keeping in close contact with the Police Minister’s office so that action will be taken on this lawful petition request from the public. If you wish to see changes to the law, please email or call your state member of parliament and let them know that they must support this petition and vote for any action in support of it.

Opposition Leader David Speirs MP and Shadow Transport Minister Vincent Tarzia MP introduced an amendment bill in State Parliament on Wednesday, the 8th of February 2023: https://hansardsearch.parliament.sa.gov.au/daily/lh/2023-02-08/2

This bill was voted down in February 2023, with the Labor party citing the need for further consultation with the public and key stakeholders – public consultation was concluded recently and overwhelming support for legalisation was witnessed. It is now a year later, February 2024 and the Adelaide City Council are planning another 12 month extension to the rental scheme, with no changes to include private owners from either the local council or state government. Please contact your state member NOW and urge them to support a new amendment bill and vote for it to pass into law. You can find out which electorate you are in here in order to find your state member: https://ecsa.sa.gov.au/map

You can stay up-to-date on our efforts and the law by joining our Facebook group via the link below. We will also be making periodic updates to this website with new information as we progress. Thank you for taking the time to read our plea; I hope you understand the importance and positive influence legalisation will have in the fight against climate change, air quality, road traffic, mental health and all the other positive influences electric micro mobility will offer our city and society.

 

SAESK8 Interactive Guide Resources

Click the above link to access a folder with an interactive map and detailed Excel document with all the major PEV routes in Adelaide and surrounds, as well as a simple JPEG image map and word document with the same information. To access the interactive map, you will need to download the Excel document to your PC and “unblock” in file properties so that it opens correctly.

 

Facebook

Click the above link to join our main communications group on Facebook. Here you can find group ride events and political action information, as well as meet and speak with PEV owners and builders.

 

Instagram

Click the above link to check out the latest photography on our Instagram. Here you can find group ride photos and media appearances.

 

Strava Underground Race Circuit

Click the above link to join our time trial recording and racing on the tracking app Strava.

 

 

Contact:

admin@SAESK8.com