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They were once a novelty but now e-scooters are a common sight on paths and streets in cities across Australia.

Last year’s launch of a 12-month trial in Melbourne and Ballarat saw a surge in people using the electric-powered personal transport devices.

Now, the trial-scheme, which kicked off in February 2022, has been extended for another six months with some changes to the original rules. Namely, the legal riding age has been reduced from 18 to 16 years and e-scooters can be taken on roads with speed limits of up to 60km (previously 50km).

The news doesn’t come without controversy, with many people arguing that e-scooters cause more harm than good. Across the world, other cities are grappling with how to balance the convenience e-scooters provide for travel with the very real safety concerns they present.

At least two people were killed and more than 400 people were admitted to hospital in e-scooter-related incidents in Victoria last year. So with that in mind, it’s important to understand and respect the e-scooter rules for everybody’s safety.

So what do you need to know before hopping on an e-scooter and taking it for a ride?

You don't need a license to ride an e-scooter, but your license can be cancelled or suspended for misconduct such as drink or drug driving infringements. 

What are the e-Scooter Rules?

  • Always wear a helmet
  • Travel at a safe speed
  • Only travel on roads with a speed limit of 60km or less
  • Travel on bike lanes or shared-use paths – no riding on footpaths
  • Do not exceed speed limit and never travel over 20km
  • No passengers/dinking
  • Ride single file
  • Be respectful to other riders and passengers
  • Comply with the rules

What E-Scooters offences apply?

The current law governing E-Scooters in Victoria, both privately owned and ones for commercial hire, appears to be the Road Safety Road Rules 2017 (Vic) and the amendments introduced by the Road Safety Road Rules Amendment (Electric Scooter Trial) Rules 2021 (Vic).

This includes any relevant fines and penalties. Currently, regulations are enforced by Victoria Police.

It is important to get up to speed with the rules before heading out – below are some E-Scooters specific offences.

Offence

Penalty infringement

Amount

Ride a non-compliant e-scooter (unregistered motor vehicle)

5 penalty units

$925.00

Ride e-scooter on a footpath

1 penalty unit 

$185.00

Ride e-scooter alongside another rider (i.e. riding 2 abreast) 

1 penalty unit 

$185.00

Ride e-scooter if under 18 years of age 

1 penalty unit 

$185.00

Exceed speed limit on electric scooter (i.e. 20km/h max) 

1.25 penalty units 

$231.00

Carry another person on e-scooter 

1 penalty unit 

$185.00

Consume intoxicating liquor while riding electronic scooter 

1.25 penalty units  

$231.00

Exceed 0.05 BAC or zero presence for prescribed drugs

The same penalty regime that applies to motorists applies to e-scooter riders during the trial. See drink-driving and drug-driving penalties

Use a handheld mobile phone whilst riding 

3 penalty units

$555.00

Failing to wear helmet 

1.25 penalty units  

$231.00

Fail to obey traffic lights

2.5 penalty units +

$462.00+


What happens if I’m injured or hurt someone else?

A key area of concern, especially when sharing a road or path with other vulnerable users, such as pedestrians or cyclists, is what happens if you are involved in an accident?

Neuron, one company involved in the E-Scooters trial in Victoria, last year introduced third-party insurance to riders, according to the company.

This ‘extended cover will complement our existing AUD $20 million public liability insurance, along with the company’s personal accident insurance”, according to the company.

Riders are excluded from cover if they are in breach of local rules, the terms of service or the riding rules – which includes if a rider fails to wear a helmet or is over the alcohol limit.

Injury risks and wearing a helmet

While E-Scooters can be convenient ways of getting around cities, that doesn’t come without risks of injury.

Data collected in 18-months to May 2020 from three emergency departments in Brisbane found total of 797 people went to hospital after being injured on an "electric personal mobility device", including e-bikes, e-skateboards, segways and hoverboards, according to ABC News.

The majority of injuries, 624, were from E-Scooters that had been hired. Importantly, 54% of people in hospital were not wearing a helmet.

E-Scooters are not a toy

E-Scooters might look like a fun way to get around town, but they’re still subject to many of the same rules as cars and other vehicles.

When sharing the roads, it’s important to know your rights and responsibilities because the penalties for getting it wrong can be serious – physically, if you’re injured, and legally, if you cause injury to someone else or you’re pulled over by the police. 

Talk to one of our specialist public liability lawyers today

If you've been hurt in a public place, including a sports field, rental property, path or in a store, our experienced team of public liability lawyers can help. 

It doesn't cost you anything to know where you stand 

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