Road Traffic (Miscellaneous) (Electric Personal Transporters) Variation Regulations 2019 (SA)

South Australia

Road Traffic (Miscellaneous) (Electric Personal Transporters) Variation Regulations 2019

under the Road Traffic Act 1961

Contents

Part 1—Preliminary

1            Short title

2            Commencement

3            Variation provisions

Part 2—Variation of Road Traffic (Miscellaneous) Regulations 2014

4            Variation of regulation 3—Interpretation

5            Substitution of regulation 64A

64A         Electric personal transporters

6            Variation of Schedule 4—Expiation of offences

Part 1—Preliminary

1—Short title

These regulations may be cited as the Road Traffic (Miscellaneous) (Electric Personal Transporters) Variation Regulations 2019.

2—Commencement

These regulations come into operation on the day on which they are made.

3—Variation provisions

In these regulations, a provision under a heading referring to the variation of specified regulations varies the regulations so specified.

Part 2—Variation of Road Traffic (Miscellaneous) Regulations 2014

4—Variation of regulation 3—Interpretation

Regulation 3(7a)—after "Australian Road Rules" insert:

(but excluding an electric personal transporter)

5—Substitution of regulation 64A

Regulation 64A—delete the regulation and substitute:

64A—Electric personal transporters

(1)An electric personal transporter or the driver, owner, operator or manufacturer of an electric personal transporter (as the case requires) is exempt from—

(a)section 45 of the Act; and

(b)the provisions of Parts 3A, 4 (Divisions 1 to 4, inclusive) and 4A of the Act; and

(c)regulation 54 of these regulations,

insofar as those provisions are applicable to such a vehicle or person.

(2)In this regulation—

electric personal transporter means a vehicle that—

(a)has 1 or more wheels; and

(b)is propelled by 1 or more electric motors; and

(c)is designed for use by a single person only; and

(d)has an effective stopping system controlled by using brakes, gears or motor control; and

(e)is not more than—

(i)1 250mm in length, 700mm in width and 1 350mm in height; or

(ii)700mm in length, 1 250mm in width and 1 350mm in height; and

(f)weighs 60 kilograms or less when the vehicle is not carrying a person or other load; and

(g)has no sharp protrusions; and

(h)is not—

(i)a bicycle; or

(ii)a motorised wheelchair.

Note—

It is an offence to drive an electric personal transporter on a road without the approval of the Minister—see section 161A of the Act and regulation 48 of these regulations.

6—Variation of Schedule 4—Expiation of offences

1. Schedule 4, Part 1, clause 5(2)—after paragraph (a) insert:

   (ab)an offence constituted of driving, towing, stopping, parking or travelling in or on, an electric personal transporter; or

2. Schedule 4, Part 4, items relating to regulations 64A(2), 64A(3), 64A(4), 64A(5), 64A(6), 64A(7) and 64A(8)—delete the items

3. Schedule 4, Part 5—after the item relating to regulation 27(1) insert:

30(1)	Operator of electric personal transporter failing to provide adequate instruction or reasonable supervision	$314
30(2)	Operator of electric personal transporter causing or permitting person under 12 years, or person without safety helmet complying with regulation and properly adjusted and securely fastened, to ride or be carried on the transporter	$104
30A(2)	Riding or being carried on electric personal transporter without wearing safety helmet complying with regulation and properly adjusted and securely fastened	$104
30A(3)(a)	Riding electric personal transporter at a speed exceeding 15kph	$174
30A(4)	Riding electric personal transporter without due care or attention etc	$104
30A(5)	Riding electric personal transporter without having proper control of the transporter	$104
30A(6)	Rider of electric personal transporter causing or permitting another person to ride or be carried on the transporter at the same time	$104
30A(7)	Person in possession or control of electric personal transporter causing or permitting person under 12 years to ride or be carried on the transporter	$104
30A(8)	Riding electric personal transporter within 2 metres of motor vehicle continuously for more than 200 metres	$57
30A(9)	Riding electric personal transporter on footpath or other road related-area abreast of another wheeled recreational device etc	$57
30A(10)	Riding electric personal transporter on footpath or other road related-area without giving warning to pedestrians etc	$57
30A(11)	Riding electric personal transporter on crossing—failing to comply with regulation	$57
30A(12)	Riding electric personal transporter at night or in hazardous weather conditions without displaying lights etc	$57

Note—

As required by section 10AA(2) of the Subordinate Legislation Act 1978, the Minister has certified that, in the Minister's opinion, it is necessary or appropriate that these regulations come into operation as set out in these regulations.

Made by the Governor

with the advice and consent of the Executive Council

on 14 February 2019

No 13 of 2019

MTIL19/020CS