Sandy’s advocacy for safety improvements and better enforcement in shared spaces such as pathways, and also for better compliance monitoring of regulations by users of electric bikes and scooters has continued.

Welcomed reforms were introduced into Queensland Parliament last sitting in the form of the Transport and Other Legislation Amendment Bill 2023 intended to improve the safety of riders, drivers and pedestrians alike, including harsher penalties and new offences for riders who ride without due care and attention.

Following this, we also requested clarification on if these efforts include increased enforcement to ensure electric bike and scooters on Queensland roads and footpaths meet Australian Design Rules. In addition, if accompanying speed limitations will be utilised and enforced on shared pathways for greater safety, the Queensland Minister for Transport and Main Roads’ office provided the following in response:

Recent Personal Mobility Device (PMD) rules

  • As with any new technology, there is a need to continually review and adapt our approach to managing the safety of PMD’s in Queensland.
  • To address ongoing safety issues with PMD’s, in November 2022, the Queensland Government introduced a package of road rules amendments in response to the emerging popularity of PMD’s in Queensland. These amendments formed part of the PMD Safety Action Plan which contains actions that aim to improve the safety of PMDs for all path and road users in Queensland.
  • Since these amendments, TMR has identified additional issues with the current legislation framework for PMD riders and other path users. In particular, important road safety offences contained within primary legislation that either do not apply to PMD riders or apply inconsistently to PMD riders and other path users.
  • To address these inconsistencies, the Transport Operations and Other Amendment Bill 2023 introduces road safety amendments that will make it an offence for the rider of a PMD or bicycle to ride without due care and attention on a road-related area, such as a footpath or shared path. The new laws will also align post-crash obligations for all drivers and riders and will ensure that everyone involved in a crash has the same rights and responsibilities regardless of where the crash occurs.

PMD speed limits and enforcement

  • As part of the 2022 PMD reforms, TMR addressed the ongoing safety issues created by the operation of PMD’s at dangerous speeds by introducing reduced speed limits and additional penalties for non-compliance.  On footpaths and shared paths, PMD riders cannot operate over 12 km/h, unless signed otherwise. The maximum speed for PMD’s is 25 km/h. Riders can only travel up to this speed on dedicated bike infrastructure and on roads, where permitted.
  • Tiered penalties for speeding offences now apply, and to ensure compliance the Queensland Police Service (QPS) regularly undertake high-profile enforcement operations. The QPS are able to enforce speeding offences, including the new 12 km/h limit on footpaths, using calibrated speed radar guns.
  • TMR is aware that some devices available for purchase in Australia or online can be easily modified to remove speed limiting software that ensures they are compliant with the current 25 km/h maximum speed limit for PMD’s. TMR has taken steps to ensure that police have appropriate tools available to them to detect and take enforcement action against PMD riders exceeding speed limits.
  • TMR will continue to work with QPS to ensure enforcement of the rules for PMD’s, including any new rules introduced in the future.

Australian Design Rules

  • PMDs must comply with the definition set out under the Transport Operations (Road Use Management Act) 1995 which includes dimension and weight requirements. However, TMR is aware that there are ongoing issues with design standards for these devices.
  • While the Queensland Road Rules amendments have enabled the QPS to enforce non-compliant devices more efficiently, the best outcome is that these devices are prevented from being imported and sold in Australia.
  • The Commonwealth Government is responsible for setting national vehicle standards and enforcing these at importation. As part of the PMD Safety Action Plan, TMR has advocated to the Commonwealth Government to review importation requirements so these ongoing issues can be addressed.

Consultation

The above-mentioned Transport and Other Legislation Amendment Bill 2023 has now been referred to the Transport and Resources Committee for review. Submissions can be made to them until 12pm, Wednesday 1 November at www.parliament.qld.gov.au/Work-of-Committees/Committees/Committee-Details?cid=173&id=4288

After viewing the relevant links below, we encourage all those who have been impacted to contribute.

Bill: https://documents.parliament.qld.gov.au/bills/2023/3161/Transport-and-Other-Legislation-Amendment-Bill-2023-5fce.pdf

Explanatory Notes: https://documents.parliament.qld.gov.au/bills/2023/3161/Transport-and-Other-Legislation-Amendment-Bill-2023—Explanatory-Notes-db6e.pdf

Statement of Compatibility: https://documents.parliament.qld.gov.au/bills/2023/3161/Transport-and-Other-Legislation-Amendment-Bill-2023—Statement-of-Compatibility-9d9d.pdf

Committee Details: www.parliament.qld.gov.au/Work-of-Committees/Committees/Committee-Details?cid=173&id=4288

Education in schools

After conversations with residents and given the popularity of electric bikes and scooters with young people, we have also enquired with the Queensland Minister for Education’s office to see if education in schools has been considered. We will update once a response has been received.

Further information

For those wishing to contact the relevant Queensland Minister, please email transportandmainroads@ministerial.qld.gov.au. Please copy in our office via noosa@parliament.qld.gov.au and forward us any response you receive.

For our previous Noosa 360 update on electric bikes and scooters including what current regulations are already in place, please visit www.sandybolton.com/electric-bikes-and-scooters-regulations-april-2023