Have you seen the purple e-scooters around the Mackay City Centre and surrounding areas recently? Currently there are about 300 Beam e-scooters in Mackay. Their introduction to the community has launched a new era of transportation in Mackay. While this has attracted some excitement, there appears to be some uncertainty and confusion about how Queensland Road Rules apply to the use of the e-scooters.
In Queensland the legislation that governs the use of roads and vehicles in public places includes a definition for motorized scooter. Interestingly, that definition does not include the Beam e-scooters available in Mackay because motorized scooters must not exceed a speed of 10 kilometres per hour when on level ground whereas Beam e-scooters are advertised that they can travel up to 25 kilometres per hour.
Beam e-scooters instead fall within the definition of a Personal Mobility Device. This definition was adopted by the Queensland Parliament in 2014. The definition of Personal Mobility devices includes a requirement that they must not exceed a speed of 25 kilometres per hour when on level ground.
Although it is motorized, a personal mobility device is not included in the definition for a motor vehicle or a vehicle. This distinction is important because it means that a person operating a motorized scooter is not required to hold a driver licence authorizing the person to drive the vehicle on the road.
It also means that while it is an offence to drive or be in charge of a motorized scooter on a road while under the influence of liquor or a drug, there is no power for a Police Officer or a Court to suspend or disqualify the person’s driver licence for the offence. Although, we have noted in the past, this has not stopped some overzealous police officers issuing notices of suspension of driver licences to riders of bicycles who were found to be in charge of a bicycle while under the influence of a liquor or drug despite having no power to do so. The notices issued in these instances are invalid.
There is also no requirement to ensure the Personal Mobility Device is registered or insured with a compulsory third party (“CTP”) insurer. This means that persons injured from an accident involving an e scooter will not be able to make a claim for compensation from a CTP insurer unless the accident also involved a motor vehicle. While a person injured from an accident involving an e scooter may still be able to make a claim for compensation against the person responsible for their injuries, this process can often be time consuming, costly and potentially unrewarding if the person responsible has insufficient means to pay the compensation sought.
The Queensland Government has announced that new measures will be rolled out to better regulate e-scooters. These new measures will be likely to affect the law as it stands currently, and users of e-scooters will need to make themselves aware of these charges as they are introduced.
