Drivers who hop on their electric scooter instead of behind the wheel of a car after drinking alcohol could still face significant penalties, including the risk of losing their driving licence.
Jess Lyons, legal adviser at Slater and Gordon for employment and highways claims, said at least two people had lost their driving licences for offences committed while using an e-scooter.
“While there are some differences between the rules of the road when it comes to two wheels versus four wheels, there is still a lot of overlap and penalties apply if the rules are broken,” Lyons said.
‘While there are different rules governing e-scooter laws depending on where you are in Australia, in all states and territories the rules regarding alcohol and drug use are largely the same as for motor vehicle drivers.
Drivers must not have a blood alcohol concentration (BAC) greater than 0.05 or be under the influence of illicit substances.
‘In Queensland, drivers can be fined if their blood alcohol level exceeds 0.15 and, in all states, this can lead to fines, court appearances and loss of driving licence.’
Ms. Lyons said each state has different rules for operating an electric scooter.
In Western Australia, Queensland, ACT and Tasmania, e-scooters are permitted on cycle paths, shared paths and some local roads.
E-scooter users must always wear a helmet. Photo: NewsWire/Brendan Beckett
In most states, e-scooter riders must stick to sidewalks. Photo: NewsWire/Brendan Beckett
However, motorcyclists are restricted from riding on roads with a speed limit higher than 50 km/h, roads with divided lanes, or roads marked “no wheeled devices allowed.”
Meanwhile, in New South Wales, Victoria and South Australia, riding private electric scooters on public spaces, including roads and pavements, is illegal.
“In New South Wales, Victoria and South Australia, if you drive in a prohibited zone you could face heavy penalties including fines, court appearances and the possible loss of your driving licence,” Lyons said.
E-scooters can only be used on private property unless riders are part of designated trial areas in New South Wales and Victoria.
In terms of speed, cyclists in Queensland, Western Australia and the ACT can travel at a maximum speed of 25 km/h on cycleways, shared paths and local roads, with reduced limits on pavements.
In Tasmania, electric scooters can travel at a maximum speed of 15 km/h on pavements and 25 km/h on roads and cycle paths.
E-scooter riders could be fined for speeding. Photo: NewsWire / David Crosling
Ms Lyons said drivers should always be aware of their speed when riding an electric scooter.
“Just like in a car, if you are caught speeding on an e-scooter you could be hit with a hefty fine or have your licence suspended, such as one Queensland man who in 2022 was caught on camera driving 94km/h without a helmet while trying to get to work on time,” he said.
‘He was fined $575 and given the minimum penalty for dangerous driving, which was a six-month ban on his driving licence.’
Electric scooters must be registered and have compulsory insurance against damage to third parties if used outside private property.
Helmets are also mandatory in all states and territories.
