QLD Scoots Back on E-Scooter Ban for Under-16s

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Queensland’s approach to regulating e-mobility devices, particularly for younger riders, has undergone significant shifts, with the government recently watering down a proposed ban on children under 16. The amended legislation now permits individuals aged between 12 and 17 to operate e-mobility devices, provided they have direct parental supervision. This adjustment comes as the state government prepares to pass new e-mobility laws this week, following an earlier parliamentary inquiry that had recommended a complete ban for those under 16 and a requirement for riders to hold at least a learner’s licence.

Transport Minister Brent Mickelberg detailed the revised plans, explaining that while the younger age group will require supervision, riders aged 16 and above can operate these devices independently if they possess a learner’s permit. The new laws also introduce penalties for parents if a child under 16 is found to be riding illegally.

However, these amendments have drawn criticism. Dr. Erica Gannon, President of Australian Medical Association Queensland, expressed disappointment, viewing the rollback as a compromise on children’s safety. She argued that a straightforward ban would have provided clearer rules, whereas the current approach places additional pressure and potential punishment on parents. Dr. Gannon highlighted the ongoing burden on emergency departments, where doctors frequently treat preventable injuries sustained from e-bike and e-scooter accidents. These injuries range from cuts and bruises to more severe outcomes like missing teeth, head and facial trauma, and broken bones, with tragic fatalities also occurring, deeply impacting families, communities, and healthcare professionals. She questioned the efficacy of the parliamentary inquiry if the resulting legislation brings about minimal change.

Key Amendments and Provisions

The finalised bill includes several key provisions aimed at refining the use of e-mobility devices:

  • Age and Supervision Requirements:
    • Children aged 12-17 can ride with direct parental supervision.
    • Individuals aged 16 and above can ride unsupervised if they hold a learner’s permit.
    • Parents can be fined for illegal riding by children under 16.
  • Exemptions:
    • An exemption will be provided for individuals unable to obtain a licence due to medical conditions or disabilities.
  • Usage on Specific Tracks:
    • Amendments are being made regarding the use of e-mobility devices on rail trails and mountain bike tracks.
  • Speed Limits:
    • A 12 km/h speed limit will be enforced on footpaths and when passing pedestrians on shared paths.
    • The general speed limit on shared paths will be 25 km/h.
  • Device Compliance:
    • E-scooters and personal mobility devices must be limited to 25 km/h.
    • E-bikes must comply with the European Standard EN15194.
    • Riders have until the end of February 2027 to ensure their devices meet the new standards.
    • An assurance scheme will be developed to assist owners in confirming their e-bikes’ compliance.
    • The legislation will recognise both past and future versions of the European Standard for compliance.

These amendments follow recommendations from a committee that reviewed the initial bill, suggesting modifications to some of the proposed changes.

Industry and Advocacy Perspectives

While the government aims to introduce “nation-leading laws,” some stakeholders have expressed concerns. Dr. Matthew Burke, CEO of Bicycle Queensland, believes the new regulations could make Queensland the most restrictive environment globally for legal e-bike use, yet may not effectively curb the sale of illegal devices. He points to a loophole allowing the use of non-compliant devices on private property, which then often spill onto public paths and roads.

Uber Eats acknowledged the importance of balancing safety with accessibility. While supporting safety measures, they voiced concerns that car-level licensing requirements could disadvantage delivery riders, potentially impacting delivery times and service reliability. They advocate for targeted measures like education, enforcement against non-compliant devices, and infrastructure investment as more effective safety solutions.

Timeline for Implementation

The new laws are anticipated to take effect from July 1, with the specific provisions regarding the ban on under-16s riding alone and the licence requirements commencing on August 31. Shared e-mobility scheme providers will be responsible for implementing measures, such as age verification, to ensure compliance with the new regulations.

Neuron, a shared e-mobility provider, stated their readiness to collaborate with the government and stakeholders to improve safety and address issues related to illegal and high-powered devices. Katey Bates from Amy’s Foundation, an organisation advocating for cycling safety, noted the necessity for these changes, especially after 12 fatalities in Queensland related to e-mobility devices last year. She emphasised the goal of removing illegal devices and discouraging dangerous behaviour, while encouraging families who use bikes for everyday transport.

Ongoing Debates and Future Considerations

The Queensland Labor party, through Shadow Transport Minister Bart Mellish, has indicated that their support for the legislation will depend on their review of the finalised amendments, which have not yet been publicly tabled. A key point of contention remains the sale of illegal e-bikes that can still be used on private property, a “core problem” that some stakeholders feel is not adequately addressed. Minister Mickelberg has indicated he will urge the federal government to expedite the development of a national product standard for e-bikes, which could simplify regulation and enforcement.

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