Review of NSW State Government Response to

NSW Upper House Inquiry into e-Scooters, e-Bikes and other     e-Mobility devices

With the Illawarra Ramblers being one of the very few grass-roots participants in this inquiry we had been earnestly anticipating the NSW Government’s response. Of the 34 recommendations to government, with 26 gaining full support, or supported in part, or in principle, the response looked promising.

The theme of the response considers each recommendation’s integration into the State’s Active Transport Policy and e-Mobility Action Plan.

While e-scooters were the lead aspect in the Inquiry’s title, and e-scooters in private use currently are as equally illegal as most fat tyred e-bikes, the government’s response chose to offer comprehensive recommendations on the proportionally small aspect of shared (rented) scooters, as we have in Wollongong. This was in addition to preparing the public for previously announced forthcoming legislation legalising e-scooters in shared and private use.

Paraphrased responses for scooter use, and sometimes bike use, follows.

Speeds: The government has sensibly lifted the proposed default e-mobility speed limit on shared paths and 50kph (kilometres per hour) roads from the Inquiry’s 15kph, to 20kph but only for scooters. No mention of bikes. It is planning legislating for the speed limit for motor vehicles on many 50kph roads, to become either 40 kph or 30kph. While standard legal e-bikes are governed to a maximum battery assisted speed of 25kph, no speed cut-out has yet been nominated for e-scooters, just the maximum legal speed. No doubt more e-scooters will be ridden on footpaths rather than roads. Again, no speed settings have been nominated for any e-mobility device on footpaths, just shared paths with high pedestrian traffic, 10kph. The large walking fraternity of the Illawarra Ramblers will be pleased to know that pedestrians have highest priority at all times.

Age Limits: Only riders over the age of 16 will be legally able to ride e-scooters. No age criteria has yet been set for e-bikes. Helmets will remain compulsory for all users. User education will be encouraged from the point of sale onwards.

Device Specifications: The government recognises that e-mobility devices are being modified circumventing design specifications and permitted performance. The definition of e-bike, and presumably e-scooters, is under review with the ambition of national standards being written.

Insurance: The response commits to exploring options for suitable e-mobility insurance.

Safety: The government has addressed battery combustibility in its planning, including battery disposal and fire safety.

Parking: With respect of shared scooters or bikes, parking guidelines are sketchy. Parking at transport hubs is under consideration but in many cases for councils to implement.

Legal: Importantly the government is recognising its powers to seize devices that are not road legal and from August 2025 NSW Fair Trading Authorised Officers will be checking for mandatory certification on devices. Whether those officers will be supported by Police or local Council awaits determination. With current local council traffic supervision being limited to static misdemeanours, (parking) supervising e-mobility use would be a great leap. A potential opportunity for local councils should be to determine the type of infrastructure the various e-mobility options could be using. Consideration of this by the State will continue.

Infrastructure: Implementation of many of the contributions made during the Inquiry required funding for which few suggestions were made on which sector of the community would bear any of the cost.

No doubt more responses will trickle out over time.