Committee urges government to water down e-bike laws

Queensland’s controversial proposed e-bike and scooter laws should be walked back to ensure they do not discriminate against law-abiding riders without a driver’s licence, parliament has been told.

The report of a government-controlled committee tasked with scrutinising the bill has also called for a 10km/h speed limit on shared paths to only be applied to footpaths in “high pedestrian areas”.

Investigation into a mechanism to allow the removal of age and licensing rules in some public areas is also suggested, as is a workaround to ensure existing e-bikes are not unintentionally made illegal.

State development, infrastructure and works committee chair Jim McDonald said the proposed changes would give the state a “clear and practical framework to make e-mobility use safer for all ... whilst promoting riding opportunities with minimal and appropriate restrictions”.

Among the report’s nine recommendations, including that the bill be passed, are calls for amendments to ensure people capable of safely using an e-mobility device who cannot get a driver’s licence because of disability, medical condition or old age can still do so.

Removal of the blanket 10km/h shared path speed limit is recommended, unless signed otherwise, with consideration of a 15km/h speed limit within 10 metres of a pedestrian instead.

A 10km/h speed limit would still be applied to footpaths in to-be-determined “high pedestrian areas”, with consideration of extending this limit to all footpaths if within 10 metres of a pedestrian.

Recommendations call for international safety standard compliance to be applied to the version in place when an e-bike was manufactured, rather than a recent update which would make almost all existing e-bikes illegal.

Also included are calls for the government to establish a scheme to certify and label compliant e-bikes, review the changes after 12 months, and look into “designated and controlled public access areas” for mountain bike parks, rail trails, national parks and dedicated bike paths.

“I believe that the removal of age and licensing restrictions, or allowing use under supervision (from parents, guardians, or teachers) from identified low-risk areas will encourage family activities and allow people doing the right thing to be rewarded,” McDonald wrote in his forward to the report.

“This will also develop riding skills of younger riders in a safe and controlled environment, whilst supporting businesses like bike hire, bike shops as well as cafes, hotels and accommodation that rely on visitation to existing trails.”

Labor opposition members, in a statement of reservation, said the party could not support the bill even with the proposed changes, calling for it to be dumped and reworked with key stakeholders.

“While it is noted there have been recommendations made in the committee report, they only partially address the issues raised by Queenslanders and do so inconsistently,” the MPs wrote. “This creates a real risk of unintended consequences”.

Bicycle Queensland chief executive Professor Matt Burke agreed. “This bill should be pulled,” he said.

It’s like the committee had one key job at the start of this thing and missed it.

Bicycle Queensland chief executive professor Matt Burke

Burke said while his organisation was pleased the committee was attempting to address safety standard compliance, significant concerns remained around the rest of the bill, the difficulties it will create for safe, legal e-bike use, and its failure to adequately address the sale of high-powered or illegal e-bikes and electric motorbikes often the focus of concerns from the community.

“If you can go an entire year of inquiries, hearings, and hear from so many witnesses saying you’ve got to shut this down, and not do it, it’s like the committee had one key job at the start of this thing and missed it,” he said.

“It’s going to take months, not days [to address the changes recommended]. But we are nervous that there is going to be a rush to table this bill.”

The committee’s report into the bill – based on calls from its own earlier 10-month inquiry, sparked by concerns with e-scooters and illegal bikes – drew from about 1200 separate submissions.

Several south-east councils, the RACQ and Queensland Walks also raised concerns about the blanket 10km/h speed limit on shared paths, ban on e-mobility device use by under 16s or requirements to hold a driver’s licence.

Advocates have pointed out almost all the high-quality active transport infrastructure in Brisbane is shared paths, and warned the licence requirement changes will exclude many law-abiding riders.

Warnings were also raised that the licence requirement could hurt the viability of shared hire scheme providers such as Lime and Neuron, and food delivery riders.

Vision Australia said e-mobility devices should not be allowed on footpaths at all, and argued that even 10km/h was a safety risk for people who were blind or had low vision.

No other Australian jurisdiction, or major country worldwide, requires low-powered e-bike or e-scooter riders to be licensed. E-bike riders must be 16 years or older in Victoria and Western Australia.

The state government has pushed a hard line on e-mobility. Transport Minister Brent Mickelberg has previously defended the licence requirement, saying people must be medically fit to drive.

In a statement on Friday, Mickelberg thanked those who contributed to the process and said the government would consider the recommendations as part of its push for nation-leading laws.

The report will be considered by cabinet before the bill returns to parliament for debate, any amendments, and passage into law. Parliament returns next week.