Legislative Council: Wednesday, May 12, 2021

Contents

Matters of Interest

E-Scooters

The Hon. F. PANGALLO (15:20): Take a stroll through the city these days and you would not be able to miss the sight of lines of orange and purple e-scooters crowding our footpaths. You might even get struck by one or trip over one. I have photographed two recklessly discarded in the middle of North Terrace next to the tram stop opposite the railway station.

Something that the Adelaide City Council and the state government has failed to address is the safety of pedestrians, particularly those with a disability or visual impairment. I have been contacted by several constituents who have had accidents involving these vehicles. One of the most disturbing is the case of 82-year-old Audrey Vaughn, who fell over one dumped on the footpath while crossing King William Street to go into Rundle Mall. She was badly injured and was in hospital for three weeks and will now need ongoing care. Who is going to take responsibility for that? Nobody has called her; nobody wants to know about her.

I have continued to raise the safety problems since e-scooters were introduced. I do not know what it is going to take for the government and the councils to pay attention to the likely risks of litigation they face, as is happening now in New Zealand. Former High Court judge Sir David Williams QC has mounted a pro bono campaign to banish e-scooters from New Zealand's footpaths. Acting on behalf of various charities representing the disabled, Sir David has presented a compelling case for the scooters' removal in submissions to the government body considering major changes to the rules relating to footpath and road safety.

Sir David and the disability organisations he represents argue that allowing e-scooters on footpaths is making footpaths dangerous for pedestrians, especially the elderly and those with disabilities. Sir David contends that the New Zealand government's decision to allow scooters on footpaths in 2018 was in breach of its obligations under the 2006 UN Convention on the Rights of Persons with Disabilities, to which it is a party. So is Australia.

The purpose of the convention is to promote, protect and ensure the full and equal enjoyment of all human rights and fundamental freedoms of people with disabilities and to promote respect for their inherent dignity. As in Audrey's case, this is not occurring here. E-scooter injuries have cost New Zealand taxpayers nearly $8 million since their launch in October 2018. During this period, Auckland Council recorded 4,382 e-scooter injuries, with male injuries costing just under $4.3 million compared with just over $3.5 million for females. Unless something is done, we will see similar problems here.

E-scooter-free zones need to be established near pedestrian crossings and bus and tram stops in the Adelaide CBD to assist people with disabilities. The zones should be at least 10 metres from crossings and major traffic intersections in the city. A system needs to be developed where e-scooters are parked in a secure, fenced-off area to prevent them from being dumped on city streets and footpaths. The e-scooter providers should look at introducing penalties to hirers who fail to park them in designated areas, as happens in some overseas cities.

Many disabled people have a difficult time as it is, manoeuvring their way around the city, without the added dangers posed by the poor placement of e-scooters. This is particularly evident near busy pedestrian crossings and traffic lights, where e-scooter operators and users give no regard for disabled people. Many disabled people, including those with guide dogs, find it physically challenging to get close enough to be able to press the walk button due to the prevalence of e-scooters stacked and dumped near the crossing.

The situation has become so bad for some that they are now too scared to come into the city for fear of hurting themselves. Adelaide City Council has a duty of care, as required under the United Nations' charter of human rights, so that people can feel safe walking the streets of Adelaide.