I know electric scooters are not allowed in NSW, yet they are still sold everywhere. Is this the same for e-bikes? Wanting to get one, but don't want to expect fines.
E-Bikes in NSW. What are the laws?
kngo90 on 14/02/2025 - 15:22
Comments
Wear a helmet, ride on the road, not footpath, keep left and dont act like an idiot.
3yrs riding one in Melbourne, never been looked at twice, even going thru breath testsyou must be one of the good ones. The escooters I see in melbourne daily struggle to do just one of those things you've mentioned, let alone all of them.
I ride an ebike not a scooter, and an school bike rider, we learnt without helmets riding on highways that were 2 lane tartops with gravel sides and trucks going past all the time. You either learnt or you didnt survive. Stupidity doesnt belong on the roads or footpath.
Isnt op in nsw?
It used to be you couldnt be stopped for a random breath test on a bicycle.
I do get the sentiment that if youre not being a goose, the police will probably leave you alone even if your ride isnt legal.
If you are of a 'stereotyped persons' group you WILL be giving the police an excuse to harrass you and you may end up with fines.
Still is. There is no blood alcohol limit for cyclists, so no RBT. As long as you are not visibly drunk and "not in proper control" of the bike it is OK.
AFAIK, Tasmania is the only state that has BAC limits for cyclists like for drivers.Electric scooters are different though. In WA at least, the 0.05 limit applies to e-scooters - as it should! They are far more dangerous than bikes, including e-bikes.
Not true.
eg In Queensland the penalties for alcohol on a bike are the same as if you were driving a car!
See https://www.reidcycles.com.au/blogs/news/what-are-the-laws-o…. Here's the bit for NSW:
—
New South Wales
A bicycle is considered as a vehicle in NSW, and as such drink driving restrictions apply. The way the Road Transport Act 2013 is written means that low-range, mid-range, and high-range drink driving offences don’t apply, but cyclists can be charged with using or attempting to use their bicycle under the influence of alcohol or any other drug. The maximum penalty for a first offence is $2,200 and/or 9 months imprisonment.If convicted for cycling while drunk in NSW you could also lose your licence for up to 12 months.
If in the past five years you had a previous drink driving conviction (motor vehicle or cycle) then the maximum penalty is $3,300 and or 12 months imprisonment. If convicted for cycling while drunk you could also lose your licence for up to three years.
Critically though, the power to breath test applies only to motor vehicles but an evidential blood sample can be taken should you find yourself in hospital.
@Waldo000000: Try reading before you cut and paste. Nothing there contradicts what I wrote.
I accurately summarised the case for WA and NSW.
@bargaino: To clarify, I was correcting specifically this claim:
"Tasmania is the only state that has BAC limits for cyclists like for drivers."
The link I provided explains that QLD is similar to Tasmania. Does that make sense, and do you agree? Apologies if my wording wasn't clear and may have offended you; that wasn't my intent, I was just hoping to save someone from a nasty surprise on their next night out in QLD.
Additionally though, for NSW, my reply also added some nuance: if, after drinking, you crash your bike and end up in hospital, you could (theoretically) face up to a 9-12 month jail sentence!
@Waldo000000: Hi Waldo,
you left out the qualifier meaning "that I know of", and this is still true as you have offered no evidence of a BAC limit for cyclist in QLD.Please do not quote sources from the internet which lack citations.
The Reid article is a useful starting point, but includes zero citations, so does not help your case, even if it did agree. However, googling the text, I found their source, https://classic.austlii.edu.au/au/journals/UNSWLawJl/2016/4.… , which cites as follows:See, eg, Road Traffic Act 1961 (SA) s 47. The section makes it an offence to ‘drive a vehicle … while so much under the influence of intoxicating liquor or a drug as to be incapable of exercising effective control of the vehicle’. To ‘drive’ a vehicle ‘includes [to] be in control of the steering, movement or propulsion of the vehicle’ and ‘vehicle’ is defined to include a bicycle: at s 5.
That however is a link to South Australian law. So we still don't know for sure.
As I'm sure you can now see clearly, there is a world of difference between a 0.05 BAC limit, and "under the influence". The latter is the language used in the past for what is now a "high range" offense of over 0.15. But even then:
- in a car a 0.15 reading is considered proof of "under the influence", but they need more evidence for a cyclist
- the penalties are lowerThe takeaway is, it is OK to ride home from the pub after a few beers, assuming you are still in control of the bike, and not likely to ride into the kerb or under a bus.
@Waldo000000: P.S. i tried ChatGPT for WA, which I'm familiar with, and got very wrong answers. So I can't blame humans for having a hard time researching this.
For the record in WA, blood alcohol limits apply to e-rideables (electric scooters), but not bikes or e-bikes.
@bargaino: If chatgpt was able to only source its information for legal stuff from legislation it would probably be fine, but it is designed to trawl the internet and 'average' what it finds. So itll read these forum posts with similar weighting to the legislation, hence the errors.
I can't blame humans for having a hard time researching this.
Totally agree. I think we're both in the same boat: trying to (quickly) work out what the deal actually is from the sketchy/confusing information that's available online. I'm having trouble! 😅 So I really appreciate your input. I'm personally invested in improving my understanding for Qld specifically 👀
you have offered no evidence of a BAC limit for cyclist in QLD
My understanding is that:
- BAC limits apply to all "vehicles" (https://www.qld.gov.au/transport/safety/road-safety/drink-dr…): "If you have consumed alcohol, it is against the law to drive a vehicle if the level of alcohol in your blood or breath is over the alcohol limit for the licence you hold or the vehicle that you want to drive."), and
In QLD, a bicycle is a type of "vehicle" (https://www.qld.gov.au/transport/safety/rules/wheeled-device…): "Bicycles are a type of vehicle" (Sidenote: That source is slightly ambiguous as to whether a bicycle is still a "vehicle" when it's not "on a road"; FWIW, this council page at least suggests that it is, suggesting cyclists must "obey all road rules (including when on bike paths)")
Conclusion: BAC limits and penalties apply to cyclists in QLD, just as they do for people using any other kind of vehicle such as a car.
What do you think?
I really hope I'm wrong, so appreciate if you have any luck finding better sources! 🤞🍻
@Waldo000000: 1 and therefore 3 are wrong.
The page you link is vague waffle.The low quality of information released by the QLD government is disgraceful. It should not take a lawyer to find the actual rules.
There is so much bullshit published.See: Transport Operations (Road Use Management—Road Rules) Regulation 2009
Transport Operations (Road Use Management) Act 1995.This was not easy to find, but here are the actual facts for QLD:
https://www5.austlii.edu.au/au/legis/qld/consol_act/touma199…(7) Offence of driving etc. animals and other things while under the influence Any person who, while under the influence of liquor or a drug, drives or is in charge of any horse or other animal on a road, or drives or is in charge of any vehicle (other than a motor vehicle) on a road, or attempts to put in motion any vehicle (other than a motor vehicle) on a road, is guilty of an offence.
Penalty— Maximum penalty—40 penalty units or 9 months imprisonment.Elsewhere you will find the actual on-the-spot fine. There is no blood alcohol limit.
IANAL
Make sure there's at least 2 people on it at all times.
Ignore all colors of lights and steam on through no matter what.
Ditto for pedestrian crossings.
No helmet allowed unless they're not fastened.
Goverenor has to be overclocked at least 50% so you can keep up with suburban traffic.
Bonus points if you have a foreign language delivery bag on the back.
And finally, be as wide and as arrogant as a ranger raptor driver after snorting coke and hitting the glass inhaler. You own the road afterall….be as wide and as arrogant as a ranger raptor driver
LOL
Don't forget a doordash backpack.
E-Bikes in NSW. What are the laws?
Basically, they are a joke.
Classic set of "restrictions" written by someone who doesn't know whether they want to allow them or not.
500w is legal limit, you cant have throttle and must be pedal assisted
And a max of 25km/h for the pedal assist to be active.
Those dirodi fat tyred motorcycle looking things are mostly illegal. Doesnt seem to stop them being the no1 form of transport for teens in wealthier areas.
What are the laws?
Don't drink and drive.
Don't drink and
driveride.FTFY.
Around my area it seems anything goes. I've seen teenagers doing 60km/h up hill on main roads in traffic, weaving around pedestrians on footpaths, and going much faster through carparks than cars. As long as you don't crash and attract the attention of police, it's all good. Allegedly.
based on observations in my area, anything up to and including something being practically an battery powered motorbike with foot rests (i assume they are pedals, but they sure dont get used) must be legal.
Same in my area. Kids with after market AliExpress 5kW~10kW motors and battery packs and they remove the chains and pedals and replace the pedals with a through pipe as foot rests. Often with no brakes or just standard rim clamp type brakes.
Clocked one doing about 70km/h on a cycleway a few weeks ago and called the police station as this kid almost hit a woman pushing a pram and cops didn't care.
Typical police. They're too busy doing house calls acting like busy body social workers to be able to actually do their jobs.
https://www.transport.nsw.gov.au/roadsafety/bicycle-riders/e…
Thanks to Google AI