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Legislative Council - Fifty-Fourth Parliament, Second Session (54-2)
2021-03-02 Daily Xml
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Personal Mobility Devices

In reply to the Hon. M.C. PARNELL (4 February 2021).

The Hon. R.I. LUCAS (Treasurer): The Minister for Infrastructure and Transport has advised:

An electric personal transporter is terminology used in the relevant South Australian legislation to refer to a broad range of personal mobility devices (PMDs), including e-scooters, e-skateboards, and other lightweight motorised devices.

In order to operate legally in South Australia, use of e-scooters is currently approved under limited trial conditions, by the Minister for Infrastructure and Transport under section 161A of the Road Traffic Act 1961(driving certain light vehicles subject to Ministerial approval).

While e-scooters are treated as light vehicles, they are exempt from the requirement to be registered under the Motor Vehicles Act 1959. Consequently, they are not covered by compulsory third-party insurance. A policy of public liability insurance indemnifying the owner and any authorised rider, in an amount of at least $20 million in relation to death or bodily injury, must be in force.

The current e-scooter trials have been made possible through partnerships between local councils and council-approved fleet operators. Fleet operators have previously demonstrated to both the Department for Infrastructure and Transport (DIT) and local council the ability to adhere to the strict conditions of use under trial for example by placing speed-limiting firmware onto the devices to ensure they cannot exceed 15 km/h, and by holding a policy of public liability insurance in an amount of at least $20 million.

DIT cannot be certain that private users of e-scooter devices can adhere to the same conditions as set under the current council run trials. Therefore, the use of privately owned e-scooters on public road infrastructure is not permitted under the current trial arrangements.

The National Transport Commission (NTC) published a Decision Regulatory Impact Statement in December 2020 which proposed a nationally agreed framework for the safe use of PMDs such as e-scooters. The goal of this framework is to provide a nationally consistent approach under the Australian Road Rules to assist in the regulation of these devices to enable safe mobility for all road users.

The outcome of the proposed NTC regulatory framework, together with the trials that have been initiated in South Australia, will be used to inform future regulatory development for the use of PMDs, including e-scooters. This includes investigating options to enable greater use of these devices for commercial fleet and/or personal use.

With respect to people allegedly using unapproved PMDs on the South Australian road network and public infrastructure, riding a non-trial approved e-scooter or other personal mobility devices on public infrastructure in South Australia is an offence under the Road Traffic Act 1961. Riders may be issued a fine of $381 for driving a vehicle without ministerial approval. Riders may also be fined $1,314 for driving an unregistered and uninsured motor vehicle.

DIT has worked with Consumer and Business Services to communicate information directly to retailers to ensure that consumers are aware of the current rules that privately owned PMDs are currently not permitted to be used on public infrastructure.

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