Motor vehicle accident compensation – what road users in New South Wales need to know – Part 1
Published on January 20, 2025 by Tim Concannon
At Carroll & O’Dea Lawyers, we are experts in compensation for motor vehicle accidents. In this ongoing series, we are highlighting important topics that road users in New South Wales (NSW) might find helpful and should be aware of. While many of these topics will focus on compensation for motor vehicle accidents, we will also explore broader issues, such as changes to road laws, safety updates, and legal reforms that affect drivers, passengers, cyclists, and pedestrians.
Did you know that whilst e-scooters are legal to buy in NSW, it is illegal to operate them on roads and footpaths?
A key part of staying safe and compliant on NSW roads involves understanding your rights and responsibilities, and Carroll & O’Dea is committed to keeping you informed about developments that could affect you. This includes plans in New South Wales to legalise e-scooters.
E-scooters have surged in popularity worldwide and NSW is finally catching up and clarifying their legal status. Currently in a legal grey area, e-scooters are available for purchase but are illegal to operate in public spaces. This could soon change under draft rules released by the NSW government, proposing their legalisation on bike paths and roads with strict regulation.
The current landscape
With nearly 460,000 e-scooters already in homes across NSW, their widespread presence contrasts with the legal limitations on their use. Under the proposed regulations, this anomaly would be addressed, paving the way for e-scooters to operate within defined boundaries. The draft rules aim to harness the benefits of e-mobility while ensuring safety for all road and path users.
Key proposals in the draft rules
The draft regulations outline specific conditions under which e-scooters can be operated:
- Permitted areas
- e-scooters would be allowed on bike paths and shared pathways, provided riders give way to pedestrians.
- roads with a maximum speed limit of 50km/h would also be accessible to riders.
- Speed limits
- a maximum speed of 20km/h on bike paths and shared pathways.
- a maximum speed of 50km/h on roads.
- Age and safety requirements
- riders must be at least 16 years old, aligning NSW with most jurisdictions except the ACT.
- helmets would be mandatory.
- a 0.05 blood alcohol limit would apply, treating e-scooter riders similarly to car drivers.
- Local council authority
- councils would retain the power to regulate shared e-scooters, including imposing speed limits and banning them from specific areas.
Addressing safety and accessibility concerns
As with any new transport mode, e-scooters raise safety and accessibility issues. Critics cite concerns over pedestrian safety and the potential for e-scooters to clutter footpaths when not in use. The latter has been a common sight in cities where shared e-scooter schemes are already in operation.
Vision Australia has highlighted the challenges for visually impaired individuals navigating public spaces cluttered with e-scooters. They recommend mandating shared e-scooter companies to install technology that allows parked devices to be moved remotely if left in undesignated areas. This would mitigate some of the hazards posed to vulnerable pedestrians.
Potential benefits of legalisation
Despite these challenges, the NSW government sees significant benefits in legalising e-scooters. Increased use of e-mobility devices, including e-scooters and e-bikes, could:
- Reduce car trips – e-scooters could replace short car trips, alleviating traffic congestion and reducing greenhouse gas emissions.
- Ease parking strain – their compact size and ability to park in small spaces would reduce demand for traditional parking.
- Improve accessibility – e-scooters make it easier for people to access train stations, jobs, services, and retail areas without relying on cars.
The move aligns with broader state goals to encourage sustainable transport options and reduce reliance on fossil fuels.
Current trials and next steps
Shared e-scooter trials are already underway in areas like Kogarah and Wollongong, with large Sydney councils set to provide further feedback on their use. These trials aim to evaluate the practical implications of e-scooter adoption, particularly in terms of safety, infrastructure compatibility, and public acceptance.
Councils participating in the trials have observed both benefits and challenges. While e-scooters offer a convenient and environmentally friendly transport option, there are concerns about irresponsible use, particularly when riders abandon shared devices on footpaths. Insights from these trials will likely shape the final regulations.
The proposed legalisation of e-scooters represents a step toward integrating innovative transport solutions into NSW’s urban landscape. However, achieving this balance requires robust regulations that address safety, accessibility, and environmental impact.
Legalising e-scooters in NSW has the potential to revolutionise short-distance travel, offering a sustainable and efficient alternative to cars. However, the success of this transition will depend on the careful implementation of the proposed rules and ongoing collaboration with stakeholders, including councils, safety advocates, shared e-scooter providers and legal stakeholders such as the Law Society.
As NSW moves closer to bringing e-scooters into the legal fold, the focus remains on ensuring that their integration into public spaces is safe, equitable, and beneficial for all. The draft rules mark an important step in that direction, promising to resolve the current legal grey area and unlock the full potential of e-mobility in the state.
However, one reservation we have concerning the legalisation of e-scooters is that, like e-bikes, these are not covered by the compulsory third party insurance which covers injuries caused by the use of a motor vehicle. The Law Society and other legal stakeholder groups have submitted that any moves to legalise e-scooters and e-bikes should be accompanied by steps to ensure that the users of such e-mobility devices receive the benefit of insurance protection to adequately cover the damages and loss associated with any injuries the users of such devices may suffer or cause. I had the good fortune of appearing before the NSW parliamentary inquiry into the use of e-mobility devices such as e-scooters on 30 October 2024 and this issue of insurance coverage for such devices was the subject of prolonged consideration on that occasion.
If you have any concerns or need legal assistance following a motor vehicle accident on our roads, don’t hesitate to reach out to Carroll & O’Dea. Whether you are a driver, passenger, cyclist, or pedestrian, our team is ready to guide you through your options and help you understand your rights.
Please note that this article does not constitute legal advice. If you are seeking professional advice on any legal matters, you can contact Carroll & O’Dea Lawyers on 1800 059 278 or via our Contact Page and one of our lawyers will be able to assist you. You can also use our Personal Injury Claim Check at any time here.
