Using e-scooters and e-skateboards on WA roads and shared paths

Last year, a review of laws governing e-scooters and e-bikes in WA made a number of recommendations, many of which the state government supported, however any changes to local laws have now been put on hold, as a nationwide approach to the regulation of eRideables is considered.

In the meantime, police will continue to target illegal devices and those breaking the rules on WA roads.

If you’re considering purchasing an eRideable such as an e-scooter, these are the key rules you need to know to stay safe when you ride, and to stay on the right side of the law.

What are the rules you need to know?

What defines an eRideable?

The so called eRidable rules apply to small electric rideable devices, including e-scooters, e- skateboards, hoverboards and eUnicycles (classed together as eRideables).

It’s important to note that e-bikes, the old-style Segway, motorised wheelchairs or low-powered scooters under 200W, are not considered eRideables, and are dealt with in a different section of the Road Traffic Code 2000.

To be considered an eRideable, the device must also have an electric motor or motors, be designed to be ridden by only one person, have at least one wheel, and have a stopping system controlled by brakes, gears, or motor control.

Regulations on size and weight

To be considered an eRideable they must be no more than 125cm long, 70cm wide and 135cm high, weigh 25kg or less, and must not be capable of travelling faster than 25km/h when propelled by the motor on level ground. eRideables that weigh more than 25kg are not legal to ride on roads and paths in WA.

What are the rules about speed and speed limits?

Under the rules, if an eRideable is ridden on an ordinary footpath, it must not exceed 10km/h. On shared paths and bicycle paths, and on local roads where the speed limit is 50km/h or less and there are no road markings, they can travel no more than 25km/h.

But they remain banned from travelling along roads with a speed limit above 50km/h, or where there is a dividing line or median strip down the centre, or on one-way roads with more than one marked lane. However, eRideables can be ridden in a bicycle lane, as long as the speed limit on the road is not more than 50km/h.

Do you need a helmet?

Yes, as with bicycles, riders must wear an approved helmet, and the device or rider must have reflectors and lights if being ridden where visibility is restricted (e.g. in poor weather or at night).

Unless it’s not practicable to have one, the eRideable must have a bell or warning device fitted.

Reckless riding and riding under the influence

Riders must not ride recklessly or without care and attention, or while under the influence of alcohol or drugs. It is also unlawful for more than one person to ride an eRideable device at the same time. As with driving a vehicle, a person operating an eRideable must not hold a mobile phone in their hand while riding. It may be affixed to an appropriate mobile phone mounting, but the rider must not touch it to make or receive a call and can only use it as a navigation device without touching it.

Are there age restrictions for riders?

Yes, children under 16 cannot ride an eRideable with the power engaged. They are, however, able to ride low-powered scooters that cannot exceed 10km/h when propelled by the motor.

Make sure the one you buy is legal to use in WA

If you’re considering buying an eRideable, WA Consumer Protection warns buyers to do their homework.

Some models available for sale fall outside the guidelines and would still not be legal to operate on paths or roads, leaving riders at the risk of a fine if they break the rules.

A quick scan online shows some devices can travel far faster than the 25km/h maximum speed required under WA law, and not all have speed limiters as standard, while others fit the size restriction but not the weight.

Some second-hand scooters being sold have had speed limiters removed, meaning some can travel up to three times faster than the legal limit.

The benefits of eRideables is clear

Besides being fun to ride over flat ground, they offer a lightweight and relatively inexpensive option for commuters and can also help manage congestion.

Many can fold up under a desk, travel in a lift, or, for those who split their commute, they can fit into a car boot or be taken on public transport - although there are some restrictions in place for travel on public transport.

They also don’t require the same effort as traditional bikes, so riders might not need end-of-trip facilities or a shower, and because the rider stands, they don’t need to worry about work clothes getting tangled in chains.

They are also a far greener option than most other vehicles.

“These devices can reduce unnecessary vehicle trips, helping to manage congestion and reduce vehicle emissions as well,” says RAC manager, Road Safety Policy, Anita McCracken.

“According to the Department of Transport, around half of all car trips are less than five kilometres, so for short distances and commutes these devices really do offer a fantastic alternative.”

It’s perhaps not surprising, then, that Australian sales of micromobility devices, and e-scooters in particular, have soared.

But with a wave of new riders, many of them adults who haven’t been on a scooter since childhood, there has also been a rising tide of rider and pedestrian injuries.

Anita McCracken says the organisation welcomes the decision to bring clarity to the legal status of eRideables, adding that the rules provide guidance for how riders should also interact with other road users.

“Our research shows that one in three members don’t feel safe sharing paths with these devices or with e-bikes,” McCracken says.

“We want to make sure that people can use them safely around different types of road users.

“They are becoming more common and whether they remain popular over the shorter or longer term will be impacted by how well we manage them. It will be important to ensure the rules remain current and fit for purpose.”