Road Safety Road Rules Amendment (Electric Scooters) Rules 2024 (Vic)

Road Safety Road Rules Amendment (Electric Scooters) Rules 2024

S.R. No. 101/2024

TABLE OF PROVISIONS

Rule  Page

1Objective

2Authorising provision

3Commencement

4Principal Rules

5Bicycle helmets

6Riding electric scooters on a footpath

7Riding electric scooters on certain roads

8Minimum age requirement for riding an electric scooter

9Carrying people on electric scooter

10New rule 262HA inserted

11Offence to consume intoxicating liquor while riding an electric scooter

12Dictionary

═════════════

Endnotes

STATUTORY RULES 2024

S.R. No. 101/2024

Road Safety Act 1986

Road Safety Road Rules Amendment (Electric Scooters) Rules 2024

The Governor in Council makes the following Rules:

Dated: 1 October 2024

Responsible Minister:

MELISSA HORNE
Minister for Roads and Road Safety

ANGELA SMITH

Clerk of the Executive Council

1Objective

The objective of these Rules is to amend the Road Safety Road Rules 2017 in relation to the use of electric scooters on roads and road related areas, including—

(a)to prohibit being a passenger on an electric scooter; and

(b)to increase existing penalties for offences involving the riding of electric scooters.

2Authorising provision

These Rules are made under section 95D of the Road Safety Act 1986.

3Commencement

These Rules come into operation on 4 October 2024.

4Principal Rules

In these Rules, the Road Safety Road Rules 2017[1] are called the Principal Rules.

5Bicycle helmets

For the penalty at the foot of rule 256(1) of the Principal Rules substitute—

"Penalty:In the case of a bicycle, 5 penalty units;

In the case of an electric scooter, 10 penalty units.".

6Riding electric scooters on a footpath

For the penalty at the foot of rule 262C of the Principal Rules substitute—

"Penalty:5 penalty units.".

7Riding electric scooters on certain roads

For the penalty at the foot of rule 262D(1) of the Principal Rules substitute—

"Penalty:5 penalty units.".

8Minimum age requirement for riding an electric scooter

For the penalty at the foot of rule 262F of the Principal Rules substitute—

"Penalty:5 penalty units.".

9Carrying people on electric scooter

For the penalty at the foot of rule 262H of the Principal Rules substitute—

"Penalty:5 penalty units.".

10New rule 262HA inserted

After rule 262H of the Principal Rules insert—

"262HA   Passengers not permitted on an electric scooter

A person must not be a passenger on an electric scooter on a road or road related area, whether or not the person is wearing an approved bicycle helmet securely fitted and fastened on the person's head.

Penalty:In the case of a person who is wearing an approved bicycle helmet securely fitted and fastened on the person's head, 5 penalty units;

In the case of a person who is not wearing an approved bicycle helmet securely fitted and fastened on the person's head, 15 penalty units.".

11Offence to consume intoxicating liquor while riding an electric scooter

For the penalty at the foot of rule 262I of the Principal Rules substitute—

"Penalty:10 penalty units.".

12Dictionary

In the dictionary to the Principal Rules, for the definition of electric scooter substitute—

"electric scooter means a vehicle designed for use by one person that—

(a)transports a person while the person is either—

(i)standing on the vehicle; or

(ii)sitting on a seat that is structurally part of the vehicle or purposely built for and correctly installed on the vehicle; and

(b)has 2 wheels (one in front of the other); and

(c)has a footboard between the front and rear wheels; and

(d)is steered by means of a handlebar; and

(e)has an unladen mass not exceeding 45 kilograms; and

(f)has a maximum speed capability of 25 kilometres per hour when ridden on level ground; and

(g)can be propelled by both of the following—

(i)one or more electric motors;

(ii)a person pushing one foot against the ground;".

═════════════

ENDNOTES

[1] Rule 4: S.R. No. 41/2017 as amended by S.R. Nos 6/2018, 87/2018, 88/2018, 96/2019, 121/2019, 153/2019, 121/2020, 35/2021, 111/2021, 135/2021, 30/2022, 38/2022, 7/2023 and 22/2023.

——

Penalty Units

These Rules provide for penalties by reference to penalty units within the meaning of section 110 of the Sentencing Act 1991. The amount of the penalty is to be calculated, in accordance with section 7 of the Monetary Units Act 2004, by multiplying the number of penalty units applicable by the value of a penalty unit.

The value of a penalty unit for the financial year commencing 1 July 2024 is $197.59. The amount of the calculated penalty may be rounded to the nearest dollar.

The value of a penalty unit for future financial years is to be fixed by the Treasurer under section 5 of the Monetary Units Act 2004. The value of a penalty unit for a financial year must be published in the Government Gazette and a Victorian newspaper before 1 June in the preceding financial year.