E-Bike YES – E-Scooter NO
The use of electric bikes and scooters are growing rapidly, as is the number of suppliers and variety of makes and models to choose from.
With any new mode of transport or emerging social norm, there can be some confusion around correct use and the quickly evolving rules, and the rapid uptake of e-bikes and e-scooters is no exception to this.
The growing general popularity of E-bikes and E-scooters has raised several questions from our friends, and we try to answer them here.
E-bikes vs E-scooters
Why are E-bikes OK but E-scooters heavily regulated? At present the law treats the electric scooters very differently to electric bikes, as we explain below.
The electric scooter is classified as a motor vehicle under the road traffic legislation, whereas E-bikes are treated simply as bicycles.
E-bike Definition
E-bikes have an auxiliary electric motor not exceeding 200 watts, or 250 watts if power cuts-out above 25kph, and the rider still needs to pedal to propel the bike above 6kph.
VicRoads state that power assisted bicycles (E-bikes) have similar performance and characteristics to traditional pedal powered bicycles, so the same road rules apply.
These types of power assisted bicycles are not required to be registered nor the rider required to be licensed and they can be used on public roads and bikes paths.
Motorcycle or E-bike?
Powered bicycles are classified as a motorcycle if:
a) They are fitted with a petrol motor, or
b) Power exceeds 200/250 watts, or
c) Are not capable of being propelled by pedaling without the motor operating.
The rider of such bikes will be required to hold a motorcycle licence and wear an approved motorcycle helmet, and the vehicle must be registered before it can be used on the roads, and of course motorcycles cannot be ridden on footpaths or bicycle paths.
E-scooter Definition
The definition of an E-scooter is a little confusing because most are illegal on roads or footpaths. VicRoads state powered scooters with a capacity exceeding 200 watts, or capable of travelling faster than 10kph are illegal to ride on the road, but they are also illegal on footpaths. The exception being the government approved trial scooters on shared pathways.
Unlike E-bikes, E-scooters are classified as “powered transporters” (technically a Personal Light Electric Vehicle), and therefore are classed as motor vehicles under the Victorian Road Traffic Act.
E-scooter Trial in Victoria
As part of a Victorian one-year trial, scooters can be used in the City of Melbourne, City of Yarra, City of Port Phillip, and Ballarat. Other states are also running or planning similar E-scooter trials. Presumably to confirm that they can be used safely in shared public areas.
Private E-scooters Limited to Private Property
Whilst private e-scooters can legally be bought and sold in Victoria, they cannot be ridden on public pathways or roadways e.g., only allowed to be used on private property.
Those caught riding a privately owned E-scooter on a public road, path, or public area can face fines approx. $1,000.
E-scooters Allowed on 50kph Roads
Only approved E-scooters taking part in the Victorian trial can be used on public pathways, including bike lanes, shared paths, and low-speed roads with a speed limit of up to 50kph.
E-Scooters Not Allowed to be Ridden on Footpaths
While you can park your E-scooter on the footpath, as long as it’s in an upright position and not obstructing pedestrians, E-scooters are not allowed to be used on the footpath. Fines may apply.
E-Scooters Limited to 50kph Roads
As the E-scooters used in the Vic trial are restricted to 20kph, they are not safe to operate on roads where much faster vehicles operate.
Riders can use approved E-scooters on roads with a speed limit up to 50kph.
E-scooters must also obey the same road rules that applies to motor vehicles and cyclists: give way, obey traffic lights and signs, speed limits, and so on.
Shared Pathways OK
E-scooters can be used on shared public paths, but riders must be mindful and exercise care around other pedestrians, cyclists, and obstacles.
No Passengers or Pets
E-scooters are limited to one rider only. Pillion passengers and pets are not allowed.
No Mobile Phones
While you may need to use your phone to find an approved E-scooter, your phone must be put away once your journey begins. Fines of $545 can be issued for those using a mobile device while operating an E-scooter.
License to Ride an E-scooter?
No, the E-scooters as part of the Victorian trial do not require a valid Driver’s License. However, breaches of road rules may incur fines.
Helmets for E-scooters
Approved bicycle helmets must be worn at all times while riding an E-scooter and failing to wear a helmet can result in a $227 fine.
No Children on E-scooters
To rent a Vic trial E-scooter, riders must be at least 18 years of age.
Alcohol Limit on an E-scooter?
E-scooter riders must not be impaired by drugs or alcohol e.g., below 0.05, as per motor vehicle drivers.
