Esk8 Laws

I don't know about everyone else but here in NSW we are a Granny state, any thing that involves fun has a law against it.

I was wondering how are the Esk8 laws around the world? and can anyone shed some light on the laws in Australia?
Get out there and skate no matter what!

 

From a UK perspective, I have attached a copy of my notes from when I lasted looked into the issue (in 2015). There are some other notes attached from 2015.As far as I am aware there isn't anything major that has changed in the last couple of years.

I wanted to satisfy myself I wouldn't get into difficulties in riding my evolve board. I leave them in my rucksack when I am riding, but have never had any problem with the police, save BTP asking us to walk with the board at Victoria Station. They were fine and were only interested in what went on in the station, not outside. They asked us what the law was on riding them outside the station as they didn't know!

Generally the police are fine if you are trying to ride in a considerate fashion. I am sure that if a few riders were to ride in a way which causes problems for others, the law will be changed to ban them in public (i.e they will go the way of segways/hoverboards etc).

The starting point would be, you can do what you want unless there is a law against it (and there is some very broad wording in some legislation).

Watch out for By-laws, as they will apply to very specific areas (e.g. parks etc).

Pavements are intended for pedestrians (and prambulators). That would also include say a 5 year old child on his/her bike. Usually the police acknowledge it would be safer to a small child to ride on the pavement and not the road, so they generally don't enforce it.

There is very little case law on whether an electric skateboard is a "Motor Vehicle". There is a drink driving case involving Remie Barban which rested on the issue of whether the electric skate board he was riding was a "Motor Vehicle". He was using to get back from a pub as he had a previous conviction for drink driving. If it was, would would have lost the case. He was found not guilty. That was in a Magistrates, Court, so it wouldn't be binding on a higher court. That said, even the CPS acknowledges, the Road Traffic Act 1988 doesn't define the term "mechanically propelled vehicle" and it is for the courts to decide.

If electric skateboards are ever found to be Motor Vehicles, then things will get much more complex (e.g. tax, MOT, insurance, that sort of thing).

It seems to me technology has moved at a pace faster then the law expected when it was drafted and so until the law changes, things are generally OK until you start causing trouble, whereupon you will likely get in trouble because of your general behavior, not just because you are riding an electric skate board.

I would suggest you do your own research and then be prepared to defend you decision if someone questions it. Preferably have some documentation to hand (or at least easy access to it) to backup why you made the decision you did.

There are a few links below in case they assist.

BAILII - Search results
BAILII - Search results

BBC NEWS | Magazine | What can you drive on roads and pavements?
BBC NEWS | Magazine | What can you drive on roads and pavements?

Cycling and the Law - Know your rights on the road | ETA
Cycling and the Law - Know your rights on the road

I would like to ride my electric skateboard on the highway
I found this helpful answer from a solicitor on JustAnswer.com

Road Traffic Offences: Legal Guidance: The Crown Prosecution Service
Road Traffic Offences: Legal Guidance: The Crown Prosecution Service

Rules for cyclists (59 to 82) - GOV.UK
https://www.gov.uk/rules-for-cyclists-59-to-82/overview-59-to-71

Skateboard not a motor vehicle, say magistrates - Bury Free Press
http://www.buryfreepress.co.uk/news...not-a-motor-vehicle-say-magistrates-1-5415920

Skateboarder Remi Barban has £650 drink driving case thrown out after court rules he wasn't a road user | Daily Mail Online
Skateboarder Remi Barban has £650 drink driving case thrown out after court rules he wasn't a road user | Daily Mail Online

UK Skate Law
UK Skate Law

 

Thanks guys, I wanted to get some clarity and idea of how the world is dealing with them.

Here in NSW (all our states have different laws) there are 2 arguments and it really depends on what policeman you get to what he will try and do.

There is an old law about powered vehicles such as bikes, scooters, ect have to be under 200w of power (inc petrol and electric) but even mobility scooters come under this law and they far surpass these outputs now.

There is also some talk that they come under a "Wheeled recreational device" which seems to be treated as a pedestrian having the same rules of using footpaths and crossing roads ect.
But i suspect that this is people looking for a loop hole rather than realising that they are still illegal to ride in public spaces. Not that the police would really bother you unless you where reckless or looking to get caught.

 

Just found this for the Australians in NSW clears things up

Unregistered vehicles

 

In the UK.

Skateboarder Remi Barban has £650 drink driving case thrown out after court rules he wasn't a road user | Daily Mail Online

A court has thus ruled they are not motorised vehicles and thus you are excempt from drink driving/insurance rules that apply to cars and motorbikes etc.

Despite the Police getting all uppity about hover boards a year or so ago, the police are not in the position of making or deciding what is and is not illegal, they can only enforce.

People and bikes are not granted the right to cross /use roads here, there are no jay walking rules, they are just not banned from doing so and can go wherever they want. The only relevant thing I know outside of that is to do with playing in the road though Google is failing me now... You basically need to use roads for travelling.

I have never had an issue with police and you are certainly OK anywhere in central London, I went through the middle of Whitehall every day. As other people have said as long as you are not an idiot you will probably be OK, no police person wants to go around arresting people if they are not sure, but then if you're a nuisance they will try and stop you being so.

 

They don't call us the Granny state for nothing. Our monkeys have to walk to work.

Thanks for the pic Alex, I will try and use that if I get pulled over.. "looks nothing like my board"

Our police follow there own set of laws and it's up to you to fight it in court if you feel it's not just. Our roads aurthorety make the rules for roads and road related areas ie: footpaths driveways and car parks.
I have not been bothered yet but I don't think they have seen me

 

Very interesting
U had any run ins with the boys in blue?

 

WA is a well known nanny state also, not had any trouble yet so ill just keep going.
i don't ride dangerously i wear a nice full face helmet and i show courtesy on cycle ways especially when i encounter parents with their little ones.
last thing you wanna do is make a parent fear for their childs safety, thats one sure fire way to see a letter written to their local member for parliament addressing some concerns with dangerous vehicles and some unwanted press coverage would surely follow.

 

I just bought a Bamboo GTX all terrain, absolutely awesome till the highway patrol pulled me over and told me they are illegal in Australia, they can not be ridden on the road, nor on the footpaths, nor any public area. They can only be ridden on private property. I have included an extract below.
I checked the current edition of Australian road rules 2014 edition and a wheeled recreational vehicle does not cover these as they have electric motors. Even an electric scooter must have a manufacturers plate stating the ungoverned power of the motors and are limted to a combined power of 200w.
The fines are enormous, the first fine is $650, then they start slapping on extras for riding an unlicensed vehicle, uninsured vehicle and any road rules that have been violated......
These rules are 4 years old but have not been updated to cover the new skateboards, segways, hoverboards etc.
Has anyone else had this happen to them and is there anything happening to change these laws, otherwise these will just become an expensive piece of junk if we cant ride them!
Maybe we need to organise some lobbying, I understand California recently overturnedmtheir laws relating to electric skateboards, and they are now legal to ride.
I mean nobody wantsmto see people starting to try to outrun the police on their boards as this will then backfire on all of us.

Extract from 2014 australia road rules

Division 2 Rules for persons travelling in or on wheeled recreational devices and wheeled toys
Note 1.
For these Rules, a person in or on a wheeled recreational device or wheeled toy is a pedestrian, not a rider—see rule 18 (d). This Division contains rules that apply only to persons travelling in or on wheeled recreational devices and wheeled toys.
Note 2.
Wheeled recreational device and wheeled toy are defined in the Dictionary.
240A No wheeled recreational devices or toys sign
A person on a road who is travelling in or on a wheeled recreational device or wheeled toy must not travel past a no wheeled recreational devices or toys sign.
Maximum penalty: 20 penalty units.

240 Wheeled recreational devices and toys not to be used on certain roads
(1) A person must not travel in or on a wheeled recreational device or wheeled toy on:
(a) a road with a dividing line or median strip, or
(b) a road on which the speed limit is greater than 50 kilometres per hour, or
(c) a one-way road with more than 1 marked lane.
Maximum penalty: 20 penalty units.

(2) A person must not travel in or on a wheeled recreational device:
(a) on a road that is declared, under another law of this jurisdiction, to be a road on which wheeled recreational devices are prohibited, or
(b) on a road at night, or
(c) on a road at any time while any person travelling in or on the device is wholly or partly assisted in propelling the device by means other than human power.
Maximum penalty: 20 penalty units.

(3) A person must not travel in or on a wheeled toy:
(a) on a road that is declared, under another law of this jurisdiction, to be a road on which wheeled toys are prohibited, or
(b) on a road at a particular time if another law of this jurisdiction prohibits wheeled toys on all roads, or that road, at that time.
Maximum penalty: 20 penalty units.
(3A) Subrules (1) and (2) do not apply to a person who is crossing a road in or on a wheeled recreational device or wheeled toy, if the person:
(a) crosses the road by the shortest safe route, and
(b) does not stay on the road longer than necessary to cross the road safely, and
(c) is not prohibited, under another law of this jurisdiction, from crossing the road in or on the wheeled recreational device or wheeled toy.


(4) In subrules (1) and (2) (b), road does not include a road related area but includes any shoulder of the road.
241 Travelling in or on a wheeled recreational device or toy on a road
(1) A person travelling in or on a wheeled recreational device or wheeled toy on a road:
(a) must keep as far to the left side of the road as is practicable, and
(b) must not travel alongside more than 1 other pedestrian or vehicle travelling on the road in the same direction as the person, unless the person is overtaking other pedestrians.
Maximum penalty: 20 penalty units.
(2) In this rule:
road does not include a road related area, but, in subrule (1) (b), includes any shoulder of the road.

242 Travelling in or on a wheeled recreational device or toy on a footpath or shared path
(1) A person travelling in or on a wheeled recreational device or wheeled toy on a footpath or shared path must:
(a) keep to the left of the footpath or shared path unless it is impracticable to do so, and
(b) give way to any pedestrian (except a person travelling in or on a wheeled recreational device or wheeled toy) who is on the footpath or shared path.
Maximum penalty: 20 penalty units.
Note 1.
Footpath is defined in the Dictionary.
Note 2.
For this rule, give way means the person must slow down and, if necessary, stop to avoid a collision—see the definition in the Dictionary.
Note 3.
Bicycle riders on footpaths and shared paths must give way to persons travelling in or on wheeled recreational devices or toys, as well as other pedestrians—see rule 250 (2).
Note 4.
Another law of this jurisdiction may prescribe give way rules for persons travelling in or on wheeled recreational devices or toys.

(2) A shared path is an area open to the public (except a separated footpath) that is designated for, or has as one of its main uses, use by both the riders of bicycles and pedestrians, and includes a length of path for use by both bicycles and pedestrians beginning at a shared path sign or shared path road marking and ending at the nearest of the following:
(a) an end shared path sign or end shared path road marking,
(b) a no bicycles sign or no bicycles road marking,
(c) a bicycle path sign or bicycle path road marking,
(d) a road (except a road related area),
(e) the end of the path.
Note.
Bicycle and no bicycles road marking are defined in the Dictionary, road related area is defined in rule 13, and bicycle path road marking and separated footpath are defined in rule 239.

And their dictionary (definitions)

wheeled recreational device means a wheeled device, built to transport a person, propelled by human power or gravity, and ordinarily used for recreation or play, and:
(a) includes rollerblades, rollerskates, a skateboard, scooter, unicycle or similar wheeled device, but
(b) does not include a golf buggy, pram, stroller or trolley, a motor-assisted device (whether or not the motor is operating), or a bicycle, wheelchair or wheeled toy.
Note 1.

Bicycle, trolley, wheelchair and wheeled toy are defined in this Dictionary.
Note 2.
This definition is not uniform with the corresponding definition in the Dictionary of the Australian Road Rules because the rules relating to motorised scooters in the Australian Road Rules have not been reproduced in these Rules. Different definitions may apply in other Australian jurisdictions.
wheeled toy means a child’s pedal car, scooter or tricycle or a similar toy, but only when it is being used only by a child who is under 12 years old.

So.....
Does it look to you as though the law doesnt actually relate to the electric scooter at all? It seems to refer to all these other devices.... or have I missed something, maybe I've read it too may times and confused myself.

Any thoughts?

 

Just found this in relation to QLD regulations


Skateboards, foot scooters and similar
Wheeled recreational devices include rollerblades, roller skates and skateboards, foot scooters and motorised foot scooters.

A wheeled toy is a child's pedal car, scooter, tricycle, or similar toy used by a child under 12.

Rules for wheeled recreational devices
You're not legally required to wear a helmet when using wheeled recreational devices (other than motorised foot scooters). However, to reduce injuries you should wear protective clothing such as an approved helmet, knee and elbow pads, and wrist guards.

Most devices don't need to be registered to operate on Queensland's road network.

If you're travelling on a wheeled recreational device or wheeled toy you must not:

• travel on a road with a centre line or median strip, or a 1-way road with more than 1 marked lane
• travel on a road with a speed limit greater than 50km/h
• travel on a road at night—but you may cross a road while riding your wheeled recreational device by the shortest route. If you need to ride at night, you can ride your wheeled recreational device on a footpath
• travel alongside more than 1 other person or vehicle travelling on a road in the same direction, unless you are overtaking
• cause a traffic hazard by moving into the path of a driver, or unreasonably obstruct the path of any other road user.

If you're travelling on a wheeled recreational device or wheeled toy you must:

• keep to the far left hand side of the road, and to the left of a footpath (including a shared path)
• give way to foot pedestrians on a footpath (including a shared path)
• give way to bicycles on a bicycle path.

[paste:font size="5"]Contact your local council for more information on local laws in your area.

I guess the problem is there is no power output label on the motor, and also the speed issue...

 

I just made a order of Bamboo GT last night, and found it is illegal in Australia.
What a shame!
I am think if I need to request for a refund or ride my board in a way similar like you are.
How long have you ride your board and have you encountered a police？

 

I have had mine for about 3 weeks. I have had cops look at me, but no problem as I dont hoon around, most people actually smile at me, I'm 51 and still wear tie dye, so they probably think it's cool.
But this was a highway patrol, right next to the station, nice and easy for him to stop me. He was really polite about it. I was with my wife and daughter who were on push scooters and just on dark, so he let us know that we couldnt ride the scooters either after dark.
Perhaps if it was different circumstances... who knows would he have bothered to stop me...
I told him that I had actually ridden it into his police station the other day right infront of 3 officers and they didnt say anything, and he said thats because they are general duties and dont specialise in these laws like the highway patrol.
When I asked does that mean I have to carry it back, he just said 'I'm just informing you about the law and now you know, it's up to you' and left.
I just carried it till I past the station then rode it slowly to not stand out.
I was wearing full pads and helmet!
Apparently there are very tight laws regarding where and how you can ride even normal skateboards...
Anyway QLD looks as though they are more accepting, their laws allow electric personal recreational vehicles, but are still pretty tight eg electric scooters- 200w max power, max capable speed of 10km... and must have a label on the motor with the power rating...
Your choice qsukasa, it could potentially end up an expensive excercise, or a great deal of fun, depending on your local constabulary....

 

Thank you Huey,
I used to live in WA for four years and moved to NSW. I found the Police in NSW is far more restricted than in WA.
I did a bit research about people been pull over by Police in Australia. They were all caught when they were doing speed competition or riding very fast on the road instead of on footpath.
The good thing is I just joined a ride group in FB, they organise group ride in Sydney sometime, I will ride with them for more experience.
Overall, riding Esk8 for commuting is still a lot pressure.

 

I'm in Perth, WA and was seriously considering getting an Esk8 for commuting. I didn't consider they might be illegal on footpaths until now. I cycle (commuting) on the Kwinana PSP (principal shared path) and often see Esk8ers travelling towards the city, going over 40kmh. I thought this would be a pretty good way to get to work and would be good for me to take a day or 2 off cycling, since a whole week of travelling to work is 270km and often then I'm too tired to ride my mountain bike on the weekend.

The 26km journey to the city from south on the kwinana PSP is largely quiet and very easy to see others from a long distance, so would be ideal for one of the long range evolve boards.

Anyone know for certain the rules in WA?
And the actual likelihood of getting fined, if you're travelling responsibly?

There's quite often motorcyclists on the PSP which I consider dangerous and assume totally illegal. They travel at high speeds (appear to be about 80-90kmh at times) and delight in tearing up dirt onto the path from the side.

 

As I said before the laws are pretty well the same for ALL of Australia.... as for the way they enforce them.... well that seems to vary quite abit, as a general guide, and it's only a guide, wear your protective gear, ride sensibly and follow the road rules, dont attract unnecessary attention, dont piss people off and you'll get more leniency by the authorities.....