Electric personal transporters (including electric scooters)

Electric scooters ('e-scooters') fall within the definition of 'electric personal transporters' in the Road Traffic (Miscellaneous) Regulations 2014 (SA) [reg 64A]. Similar items such as electric hoverboards, segways and electric skateboards are also electric personal transporters. Electric personal transporters do not include motorised wheelchairs and mobility scooters (gophers) typically used by people with mobility difficulties, moped scooters with internal combustion engines, electric bicycles [see Cycling], or kick scooters.

Whilst electric personal transporters are available in stores and often marketed as requiring no registration, they cannot be legally driven on South Australian roads, footpaths or other areas open to the public without the consent of the Minister [Road Traffic Act 1961 (SA) s 161A and Road Traffic (Miscellaneous) Regulations 2014 (SA) reg 48]. Privately owned e-scooters may only be used on private property.

Electric personal transporters are considered to be motor vehicles, and are subject to registration, licensing and third party insurance requirements. It is not currently possible to register e-scooters or electric personal transporters in South Australia as they do not comply with the Australian Design Rules [see the Road Vehicle Standards Act 2018 (Cth)]. As a result, using electric scooters on a public road can result in charges of driving an unregistered vehicle [Motor Vehicles Act 1958 (SA) s 9, see Unregistered and uninsured vehicles].

Further information is available on the My Licence Rules for Riding Motorised Scooters and Skateboards in South Australia page.

E-scooter trials

As at June 2024, 3 e-scooter trials are approved by the Minister in South Australia. These trials are within defined areas in Adelaide and North Adelaide, the Coastal Park Trail, and Norwood Payneham and St Peters Council. The City of Unley trial ended on 14 February 2024. More information about the current trials is available on the Department for Infrastructure and Transport's My Licence E-scooter trial laws and road rules webpage.

The only e-scooters allowed to be used in the trial areas are those operating subject to a business permit issued by the relevant local city council.

Riders of e-scooters through the trials are required to comply with rules regarding their use, including that they must:

No person in control of an e-scooter is to allow a child under the age of 12 to use or be a passenger on the e-scooter. See regulations 30A and 30B of the Road Traffic (Road Rules - Ancillary and Miscellaneous Provisions) Regulations 2014 (SA) for further rules and penalties.

Offences

In addition to a charge of driving an unregistered vehicle [Motor Vehicles Act 1958 (SA) s 9, see Unregistered and uninsured vehicles], drivers of electric personal transporters can be charged with many other offences, including:

Depending on the nature of the alcohol or drug offence, an immediate loss of licence penalty may apply.

Electric personal transporters are considered to be wheeled recreational devices for the purposes of the Australian Road Rules, and riders must comply with all requirements accordingly [Road Traffic (Road Rules - Ancillary and Miscellaneous Provisions) Regulations 2014 (SA) reg 66A].

Injuries and insurance

E-scooters and other electric personal transporters are not registered motor vehicles and do not qualify for compulsory third party insurance. This means that if a person is injured by an e-scooter, any compensation claim must be brought against the rider personally. If the rider's details are unknown, no claim can be made.

Injuries occurring to pedestrians as a result of the e-scooter trials may, in some circumstances, be covered by the operator's insurance. It will depend on the contract between the rider and the operator. Many contracts provide that any policy will not apply to the rider, or to pedestrians where the rider fails to comply with a condition of the contract, such as riding without a helmet or with a passenger.

Call the free Legal Helpline on 1300 366 424 for more information regarding e-scooter offences and injuries.