At Dubbo Local Court on January 17, 2024 a man faced charges of driving an unregistered vehicle and driving without a licence, but his case was dismissed.
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Why?
Because you can't register an e-scooter.
The defendant told the court he had been sold the electric scooter by JB HI-FI and was allegedly told that he was allowed to ride it on the road so he could get around town.
He was also unaware he needed a licence to drive the electronic scooter.
The incident sheds light on the ongoing legal complexities surrounding e-scooters in NSW, where personal e-scooters remain illegal on roads and road-related areas, including footpaths, shared paths, and bicycle lanes.
A Transport for NSW spokesperson told ACM that privately owned e-scooters are not allowed on NSW roads or related areas but can be ridden on private property.
According to the NSW police, in respect to issuing fines, there is discretion when it comes to any offence, including those related to e-scooters.
"The application of fines would depend on the specific offence committed," a NSW police spokesperson said.
Transport for NSW has been conducting trials for electric scooter shared schemes in certain locations since July 2022. During these trials, riders can hire and use electric scooters provided by approved e-scooter providers. Privately owned e-scooters are not permitted in these trial areas.
In November 2022, Dubbo Regional Council made the unanimous decision to drop out of the NSW E-scooter Shared Scheme Trial.
The council claimed the short time frame and lack of community consultation was the main reason for dropping out.
In November 2022, DRC mayor Mathew Dickerson said it had been a very 'dragged out' process and 'frustrating' from a council perspective.
"The government has been a little unsure and a little unclear on its guidelines on this particular one," he said.
Councillor Josh Black at the time said he believed there would be many in the community who are "breathing a collective sigh of relief" that the trial wouldn't be going ahead.
"It seems like the whole idea was a bit rushed and half-baked and ill conceived from the get go, just with the way it was set up," he said.
Following in the footsteps of the City of Sydney Council and also the Inner West Council by pulling out of the trial, Cr Black said they made the right move.
"I don't think a smaller council, a regional council such as ours should be jumping in head first," he had said.
Deputy mayor Richard Ivey had said he agreed with withdrawing their expression of interest but said they shouldn't scrap it from the table completely.
"One day Dubbo having an electric scooter fleet enabling people to commute between different sections of the city is a great idea, one we need to encourage and foster," he said.
Transport for NSW has outlined specific guidelines for the use of e-scooters during the trial period.
Riders must wear approved bicycle helmets at all times, use e-scooter lights during darkness or hazardous weather conditions, and adhere to a blood alcohol content limit of 0.05.
E-scooter riders are also subject to the same drug driving offences as motor vehicle drivers.
JB HI-FI has declined to comment.