Statutes Amendment (Personal Mobility Devices) Bill

Second Reading

The Hon. C.M. SCRIVEN (Minister for Primary Industries and Regional Development, Minister for Forest Industries) (18:23): I move:

That this bill be now read a second time.

I seek leave to have the second reading explanation and explanation of clauses inserted in Hansard without my reading them.

Leave granted.

I rise to introduce the Statutes Amendment (Personal Mobility Devices) Bill 2024. The Bill amends the Motor Vehicles Act 1959 and the Road Traffic Act 1961 to provide a framework for allowing privately-owned personal mobility devices to be used on roads and paths.

The Bill also moves the definition of bicycle from the Road Traffic Act itself into regulations, to allow for changes to the definition over time as new types of bicycles come onto the market.

Mobility choices have expanded in recent years due to improvements in battery and motor technologies. Consumers can now purchase a wide range of devices that complement and compete with established private and public passenger modes. Greater choice promotes transport equity and convenience, and can, help reduce congestion and emissions. However, most of these devices are not currently legally recognised for use on our road network.

A personal mobility device is a small-wheeled motorised vehicle designed to be used by a single person over short to medium distances. There are a number of personal mobility devices currently available on the market, including e-scooters, e-skateboards and unicycles or 'solo wheels'.

Personal mobility devices retail from around $500. They are popular because they promote transport equity and fill a gap in the budget mobility market. For a modest outlay they are capable of short to mid-range journeys requiring little physical effort. They provide increased convenience for local journeys and have social, environmental and small business benefits.

This Bill firmly characterises a personal mobility device as a new type of vehicle for the purposes of the Road Traffic Act 1961. The Bill includes a power that will allow the device's dimensions, its maximum mass and speed, network access, the minimum age of the rider, and the rules they must follow, to be specified in regulations. This enables flexibility into the future, ensuring that a quick and effective response to new devices and technologies is possible.

On passage of the Bill, regulations will be drafted setting out these details, and the new legislation could commence in early 2025. This will allow for consultation to occur on the necessary details, and for current research on device dimensions, speed and mass to be considered.

Classifying a personal mobility device as a vehicle means they will be treated like a bicycle. This has several advantages: It means they can be provided similar network access as for bicycles, and the same road rules will apply, meaning that the conditions of use should be easily understood.

It will allow police officers to use their existing suite of powers to stop the rider, give directions, and possibly charge them with riding under the influence. Similar to bicycle riders, the offences of drive with prescribed concentration of alcohol and drive with prescribed drug will not apply, as those offences are aimed at drivers of motor vehicles.

Classifying personal mobility devices as vehicles will also allow for statistics to be gathered on a standardised basis, which will assist in the development of further evidence-based intervention if necessary.

The Bill provides that regulations may specify that certain devices such as personal mobility devices may not be considered motor vehicles for the purposes of the Motor Vehicles Act 1959 or the Road Traffic Act 1961.

Accordingly, there will be no requirement to register a personal mobility device, nor a requirement for the rider to hold a licence or insurance. As is currently the case for crashes involving bicycles, other road users will not be able to claim under compulsory third party insurance for death or injury due to the actions of a rider of a personal mobility device.

This means the nominal defendant scheme is protected from unfunded liabilities, which is an appropriate outcome given that device riders will not contribute to any compensation fund. To allow otherwise would impact insurance premiums paid by ordinary motor vehicle owners. It is hoped that, in future, general insurers will develop suitable products when sufficient data is available, allowing them to price insurance cover affordably.

Until such time as the Bill has successfully passed Parliament and the framework implemented, the use of privately-owned personal mobility devices will continue to be prohibited on public roads and road-related areas such as footpaths in South Australia.

Following commencement of the Bill, personal mobility device fleet hire operations are expected to continue and possibly expand to other locations around South Australia. There will be no need for approval to be granted by the Minister for Infrastructure and Transport. However, operators will still require local government permits for storage or parking of devices on footpaths. Local councils will be able to enforce any restrictions on where commercial fleet devices can be stored and whether any geofencing technology is required. Any insurance requirements on commercial operators can be assessed by local governments through the issue of a business permit.

I commend the Bill to the House.

Explanation of Clauses

Part 1—Preliminary

1—Short title

This clause is formal.

2—Commencement

This clause provides for retrospective commencement of Part 2 of the measure and subsequent commencement of Parts 3 and 4 on a prescribed day.

Part 2—Amendment of Motor Vehicles Act 1959 commencing on prescribed day

3—Amendment of section 5—Interpretation

This clause excludes electric personal transporters (within the meaning of the Road Traffic (Miscellaneous) Regulations 2014) that may be driven on or over a road in accordance with an approval of the Minister under section 161A of the Road Traffic Act 1961 from the definition of motor vehicle in the Act.

Part 3—Amendment of Motor Vehicles Act 1959 commencing by proclamation

4—Amendment of section 5—Interpretation

This clause replaces the amendment in Part 2 of the measure with a more general ability to exclude devices or vehicles from the definition of motor vehicle by regulation.

5—Amendment of section 116—Claim against nominal defendant where vehicle uninsured

This clause allows motor vehicles to be excluded from the definition of uninsured motor vehicle by regulation.

Part 4—Amendment of Road Traffic Act 1961

6—Amendment of section 5—Interpretation

This clause makes various changes to definitions.

7—Amendment of section 7—Drivers of trailers

This clause amends section 7 to refer to ‘vehicles’ generally rather than specifically to motor vehicles and bicycles.

8—Amendment of section 99A—Cyclists on footpaths etc to give warning

9—Amendment of section 162B—Safety helmets for riders of motor bikes and bicycles

These clauses make amendments to ensure personal mobility devices are treated like bicycles.

Debate adjourned on motion of Hon. L.A. Henderson.