Here's how a Wollongong trial will shape legislation across NSW

It’s perfectly legal to purchase one in a store, but you aren’t allowed to use one in public – unless you’re in a specially designated trial area.

Even then, it must be owned by a third party.

This isn’t a riddle, it’s the current state of play for e-scooter legislation in NSW.

An inquiry into the use of e-scooters in NSW is underway as the NSW Government has taken another step towards legalising the devices with its new E-micromobility Action Plan.

Electronic transport – or “e-micromobility” – devices, such as e-bikes, e-scooters and electric mobility scooters are increasing in popularity.

They can reduce the need to drive for short trips, eliminate parking hassles, provide transport options for those who are affected by a disability and help people integrate with public transport networks.

But not all e-micromobility devices are equal, and legislation has struggled to keep up.

The Illawarra Ramblers made a submission to NSW Parliament calling for a tiered regulatory system that recognises the different capacities for speed offered by different devices.

“Our members were early adopters of e-bikes, and more recently have come to ride a variety of sophisticated commercial models,” the club told the inquiry.

“We have approximately 250 members … Our membership is evenly gender based with an average age in the 60s.

“The participation of e-bikes in our cycling activities is around 80 per cent or more. Many of our members do additional riding, be it for journeying to volunteer workplaces, or basic reasons like enjoying visiting family or friends or simply for fresh air.

“For as long as we enjoy good health our activities add to the economy locally, and on our trips away.

“We note that California and many of the states of the United States have adopted a 3-tier regulatory system with 32 km/h speed-restricted bikes permitted on pathways, and 45 km/h e-bikes typically permitted only on roads and on-road bike lanes.”

NSW Government data shows the Illawarra Ramblers aren’t alone in their passion for e-bikes.

There are about 570,000 of them in NSW, and almost as many e-scooters, at 459,000. But they’re not only used recreationally – of the trips taken on e-micromobility devices in regional NSW 45 per cent are a replacement for a car trip.

It’s not all good news, however. At the inquiry doctors have raised concerns about children presenting to emergency with serious injuries following e-bike and e-scooter crashes.

The new draft rules for e-scooters propose mandatory bicycle helmets and a minimum age limit of 16.

Minister for Transport Jo Haylen said the government was working to get the balance right.

“E-bikes and e-scooters aren’t without controversy, which is exactly why we’re taking action,” she said.

“It’s clear we need a regulatory framework that will allow people to make the most of this transport option, without compromising on community safety.

“Allowing people to ride an e-scooter to the shops or nearby train stations will take pressure off our roads and lessen competition for parking. It’s a big win for everyone; we just have a bit more work to do to get the balance right.

“Community engagement on potential changes to rules for e-scooters is ongoing, and NSW has also learnt from our shared E-scooter trials and other jurisdictions that have legalised e-scooters.”

One of those trials, in Wollongong, was recently extended indefinitely.

The scheme is a shared trial between Wollongong City Council, provider Neuron and NSW Transport, and is why people are legally able to ride e-scooters (only those provided through the scheme) in Wollongong.

Minister for Planning and Public Spaces and Member for Wollongong Paul Scully said he was pleased to see the trial extended.

“The trial of shared e-scooters has provided valuable information about their use and the regulations needed for their safe use,” he said.

“I am pleased that the shared e-scooter trial has been extended locally and that we now have a pathway to legalising the use of the thousands of privately owned e-scooters in NSW.

“It made no sense that you could buy an e-scooter in NSW and not legally be able to ride it.

“The draft e-scooter rules which set age and rider requirements will set the requirements, like has been done for bikes and e-bikes, for their safe use for riders and other road and shared path users.”