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House of Assembly - Fifty-Fifth Parliament, First Session (55-1)
2023-02-08 Daily Xml
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Bills

Statutes Amendment (Personal Mobility Devices) Bill

Introduction and First Reading

Mr TARZIA (Hartley) (10:32): Obtained leave and introduced a bill for an act to amend the Motor Vehicles Act 1959 and the Road Traffic Act 1961. Read a first time.

Second Reading

Mr TARZIA (Hartley) (10:32): I move:

That this bill be now read a second time.

I rise to introduce the opposition's Statutes Amendment (Personal Mobility Devices) Bill 2022. We are introducing this bill because we want to seek an end to the confusion that has surrounded private e-scooter ownership and use for up to four years now. Presently, personal e-scooters and other privately owned personal mobility devices, including but not limited to e-skateboards, one-wheels, hoverboards and electric unicycles, are illegal for personal use and operation, and doing so can result in fines of up to $2,000.

This is not a hypothetical: this is actually happening right across the board as we speak. We have seen members of our own communities fined several thousands of dollars for riding these devices—members of the community who are trying to do the right thing but who are simply unaware of the legal ambiguity surrounding the use of this new and trending technology.

This bill aims to fix exactly that. Under the opposition's Statutes Amendment (Personal Mobility Devices) Bill 2022, the private ownership and use of e-scooters and other such personal mobility devices will become legal for use on roads and also footpaths. Of course, this is not without certain provision and regulation as well. Regrettably, South Australia falls behind several other states and territories that have legislated appropriately for the personal use and the ownership of these devices. Take, for example, Queensland, Tasmania, Western Australia and the ACT.

Our bill has adopted the Australian Road Rules (National Model Law) guidelines for the effective regulation of e-scooters and similar devices which, under our bill, are defined as 'personal mobility devices'. Our bill's definition ensures that devices effectively legalised by this bill fit within certain safety parameters—parameters pertaining to size, weight, speed restriction—that we say fall in line with community expectations.

These devices would not be permitted to travel faster than 25 km/h, consistent with other states and territories. They would require a broad range of safety provisions for legal use, including the wearing of helmets, ensuring the safety and wellbeing of those who use these devices. Under this bill, e-scooters will be permitted to ride on the footpaths and on the road under certain conditions. Commonsense clauses such as keeping as far to the left as practicable, and prohibiting their use on roads with a speed limit greater than 60 km/h, are examples of these conditions which will ensure that riders do not pose a danger to themselves or to other road users as well.

Furthermore, we know that, as these devices become more mainstream, we know that insurance options will follow, as they have followed interstate; that as these devices become legal, insurance companies, the market, will have the data and the confidence to better assess their risk and set appropriate premiums. This is not uncharted territory. The legal personal use of e-scooters and personal mobility devices is tried and tested right across the country. If you look at other jurisdictions around, say, places like America, these have been in use for probably more than five years.

Personal mobility devices are an increasingly popular form of transportation, not just here in Australia but right across the world. Everywhere we are seeing e-scooters, e-skateboards and other electronic transportation devices establish themselves as a primary form of transportation for all ages. Moreover, these devices are environmentally friendly. Shorter journeys across built-up areas in particular have become a staple of personal mobility devices, which is considerably better for the environment than driving your car or even catching a bus.

Furthermore, not only is it environmentally more efficient but also economically better off. These devices in the long term are cheaper than, say, catching a taxi or an Uber. A basic e-scooter can cost you as little as a few hundred dollars.

South Australia has facilitated trials of e-scooters in the CBD and a number of councils for coming up to nearly five years now, and they have proven to be very popular. There is something to be said about the interest and support for these devices when, despite the legal consequences, South Australians are still purchasing these items, and they are still riding these devices as well.

Now, how is it fair that private citizens can own and operate these devices, but in a public environment a private citizen cannot get one of these devices and ride them around the city? It makes absolutely no sense. It is absolutely ludicrous. It makes no sense that a private corporation can own and operate these devices but a private citizen cannot, and that is the wrong that we are trying to correct today.

How is it reasonable that individuals cannot own and use something but rent what is effectively the same thing? Here we have cheap, green technology right here in front of us that has proven to be extremely popular with South Australians. What this government now needs to do is take this option up. They have had nearly a year now to consider trials and other teachings and other learnings of other jurisdictions. They need to get on with the job. It is time to take off the training wheels and bring South Australia up to speed with the rest of the country.

I say to the Minister for Infrastructure and Transport, he needs people like me. He needs people like me, and he needs the opposition, because we on this side of the chamber are not burdened by the shackles of slow bureaucratic government instruments. We have an opposition on this side of the chamber that is willing to work with the government of the day in a constructive manner. So, get on board. If there are amendments that need to be made, well, let us make them. Let us make sure that we get on with legalising these devices because the time has come. I commend the bill to the house.

Debate adjourned on motion of Mr Odenwalder.

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