In October, the Queensland Government introduced new laws to improve the safety of e-scooter and other Personal Mobility Devices (PMD). The proposed laws will make it an offence for the rider of a PMD or bike to ride without due care and attention on a road-related area, such as a footpath, bike path or shared path.
The Brisbane Central Business District Bicycle User Group (CBD BUG) has accused the Transport Minister, Mark Bailey of declaring “open season” on those who opt for two-wheeled modes of transport over cars.
The changes involve the imposition of a hefty fine for those caught riding without due care on footpaths, further extending the fines under the Transport Operations (Road Use Management) Act 1995.
The new section, 84AA, specifically targets individuals who operate bicycles or personal mobility devices without due care and attention on road-related areas, which includes footpaths. Offenders could face a maximum penalty of 40 points, equivalent to a substantial monetary fine.
Brisbane CBD BUG argues that this is a harsh approach that fails to recognise the vastly different circumstances and risks faced by riders compared to motorists. CBD BUG argues that unlike those behind the wheel of cars, cyclists and scooter riders are not protected by glass and steel cages, airbags, and other safety features that cars offer. Moreover, e-bikes and e-scooters are speed-limited, reducing their ability to keep up with traffic.
Brisbane CBD BUG spokesman Paul French believes that this new rule unfairly targets riders who, in many cases, have no choice but to use footpaths either due to legal requirements or concerns about their safety on the road. Many argue that this rule change may discourage riders from using bikes and scooters altogether, potentially pushing them back onto Queensland’s already dangerous roads.
“One of the very few concessions for bicycle riders in Queensland is that in contrast to most other states and territories – this state’s road rules allow people to cycle on the footpath. Many motorists like this because it gets bicycle riders out of their way. But a likely outcome of this ill-considered rule change is it may encourage riders back onto Queensland’s dangerous roads. The introduction of this draconian new fine means many riders are now discussing if riding is worth it,” Mr French said.
One primary concern among riders is that they can receive these fines even if they haven’t been involved in a collision. Unlike speeding offences that rely on objective measurements, they says that applying this new fine relies on the subjective judgment of police officers, who can issue fines for any reason they deem fit.
Riders now face the possibility of challenging these infringements in court, incurring additional costs and anxiety. Critics argue that this new law leaves room for potential abuse by law enforcement, citing recent instances of riders being fined for minor infractions.
Executive Officer for Queensland Walks, Anna Campbell, said her organisation supports changes that will improve the safety and comfort for people walking, rolling and strolling “and especially for those walkers who currently feel more vulnerable on footpaths since the uptake of e-scooters and faster delivery riders.”
Ms Campbell said the State Government’s changes should be managed in unison with increased funding to build wider and more comfortable footpaths and safe and segregated lanes for bikes and e-mobility devices, especially in busy pedestrian areas, tourism hubs, and city and town centres.
“To reduce congestion, we need to make sure we continue to encourage all forms of active transport and ensure people who are walking and riding feel safe, comfortable and encouraged to continue to walk or ride.”
“Most riders are very careful and will not receive a fine, however we can’t ignore some of the poor behaviour of riders on footpaths and shared paths especially since the introduction of e-scooters and delivery riders.”
In 2021, Queensland Walks conducted a Walking with E-scooters survey, which showed that many people walking changed the location of their walks and the time of day they walked because of riders on footpaths, risky rider behaviour and fear of being knocked over.
Ms Campbell said Queensland Walks supports the recent call from the Queensland Tourism Industry Council to forge ahead with safe segregated lanes for riders and far better space for people walking.
In response to concerns raise by cycling advocacy groups, a spokesperson for the Department of Transport and Main Roads (TMR) said the proposed laws aim to enhance safety for all road users and fill regulatory gaps regarding bikes, e-scooters, and personal mobility devices. The government argues that these laws enable riders to choose the safest place to ride based on their comfort level and the available infrastructure.
The TMR spokesperson said it is already an offence for a bike or personal mobility device (PMD) rider to ride without due care and attention on roads.
“The proposed amendment ensures this offence also applies on road-related areas, such as footpaths and bike paths, where bicycles and PMDs are often used. For comparison, drivers of motor vehicles must already drive with due care and attention in all public places, including roads and paths.
The spokesperson said, “riding with due care and attention” means to be conscious of the safety of other road or path users.
“What constitutes an offence will depend on the individual circumstances of an incident.”
However, some examples offered by the Department include dangerously swerving in and out of pedestrians on a crowded path, or riding at an unsafe speed around a blind corner where pedestrians and other vulnerable users might be present.
“Any instance of careless riding on a path that leads to a pedestrian or other vulnerable user being injured, or worse, is unacceptable. Despite significant under-reporting, data from the Jamieson Trauma Institute and the Queensland Police Service confirms that there have been serious incidents with tragic consequences. A range of relevant stakeholders support the proposed new laws, including PMD and cycling advocacy groups.”
Further Information
Rules for e-scooters and other PMDs can be found at www.qld.gov.au/transport/safety/rules/wheeled-devices/personal-mobility-devices
As a pedestrian who has nearly been run over by selfish cyclists on the footpath many times, I say these laws are not coming soon enough. Too many times do cyclists ride too fast, too close to pedestrians, even down to riding at them and refusing to get off the path, forcing pedestrians to get off the path or get run over.
Well I will say this where are the signs that say for pedestrians to walk or run on the footpath or have to use hand signals to run across the road where are the infringements for that and also where are the proper signages or lines for the bikes and scooters or mobility scooters on roads as well
New laws are coming out left right and centre for us e scooters and mobility scooters and electric bikes users where are the justice for us when we are in the right and if the cars or the pedestrians are in the wrong for not looking or using indicators they get warnings and that’s it but we have to face on the spot infringements for this
Then I’ll leave you with this if we supposed to be eco smart try to save the Earth by not polluting and stuff like that how we’re going to get through it when we can’t use energy sufficient stuff
Bicycle fad, scooter fad….the next fad might be rickshaws….how will the pathway users cope with 10,000 of them?….Pre-emptive planning has never been a masterful art of governments….target the city infrastructure planners with your frustrations, not the fad owners.
I 100% agree, and I’m a cyclist.
I choose to walk/jog for exercise yet there are too many places around where there are no footpaths. Walk/jog on the terrains of holes, rough, bumpy grass/lawns or the road. Cyclists and other speeding related transporters you have more choices than us.
Ride safe, slowdown around pedestrians, get off and walk when it’s congested etc. The rules hasn’t changed its always been there. Just for sake of unsafe idiots that ruin it for everyone, it’s become ‘Law’ keep safe at all times everyone.
I also drive and drive safely…
There are too many unforeseen/unnecessary accidents because of idiots
The simplest solution is to revert back to only pedestrians on footpaths not bicycles or motorised vehicles. That way pedestrians will feel safe again and we can avoid many accidents and “nanny state” laws.
As a cyclist I’m not riding on the road and putting my life in danger because a self entitled pedestrian thinks they own the footpaths.
Maybe you need to watch were you’re walking and keep left.
Ban e-scooters. They appeal to human laziness and replace trips that could otherwise be undertaken on foot. There is nothing environmentally friendly about them. Also ban commercial (delivery) bike riders from footpaths. This would allow pedestrians to reclaim footpaths for their intended purpose.
This wouldn’t work without upgrading road infrastructure and applying “nanny state” draconian rules to motorists, if you really want to avoid many accidents.
I am a cyclist. The road rage and arrogance of motorists in Queensland forced me to cease riding on the road. The roadways do not support cyclists and due to the rapid expansion of SEQ roads, the infrastructure is barely coping let alone adding a cycist in the mix. So I now ride a motorcycle.
It’s great that there are different forms of transport. However, there has not been enough education on both sides during the introduction of faster scooters and it has been left to sort itself out. The walking group completed is biased and has not considered all users. In saying that, many scooter users have annoyed pedestrians to a point where the damage is done.
More of a case where minority groups have changed the outcome for the majority of reasonable citizens. Be selfish and watch the restrictions unfold. Be courteous and we will all enjoy the freedoms of life.
I’m an avid cyclist and *if* these rules are implemented fairly I’m all for them.
Too many times have I seen cyclists fly past me in excess of 40km/h in a pedestrian and animal heavy area. Slow down when you’re sharing the path, if you’re looking for speed stick to the roads.
I have been riding a bicycle for many years and believe the biggest problem is with scooter riders. Sure, there are some overly aggressive cyclists who treat shared paths as a race track – but I feel that many scooter riders are young and seem to have insufficient experience at judging speed and distance. These are the people I frequently see swerving in and out of pedestrians and zipping by too fast and too close. This often happens when I have slowed down to a walking pace on my bike in congested areas. Not all cyclists are inconsiderate or dangerous.
It should also be noted that not all pedestrians on shared paths seem to understand the concept to “share”. Some occupy the whole width of the path and seem to misunderstand a friendly “ding” as meaning “get out of my way” – when it is a “hello I am about to pass you”
All footpath and shared path users need to consider each other’s needs.
Pedestrian needs to keep left always especially when hear the ding.some AGED people don’t hear the warning
Many pedestrians are also dumber than a guinea fowl. They should ban headphones/earphones as road and sidewalk users severely lack spatial awareness.
Deliveroo, Uber eats etc cyclists are just as bad. They ignore all rules and take liberties and apply convenient rules as both pedestrian and motorist. They are often foreigners/students and have no concept for safety.
On the street with my battery bike I have three times had an SUV pass me and turn left in front of me, causing me to need to lay the bike down to avoid being run over. As a pedestrian, I find walking on a paved path OK but walk a block on thick lawn and I’m PUFFING. I have at over 75 had my right to drive taken away without annual medical check to which I STRONGLY OBJECT. Poor government management has wiped out the corner stores and I have to walk 3.5 klm to buy low quality food from the supermarkets. I feel I have been squeezed out of a decent life and have no rights anymore No longer a free country.
Tired of cyclists flying along pathways, especially as I have already been hit by one of the clowns and so many close calls, even when you stick as far to left as possible. Despite a wide open path, being to the left extremity of the pathway and no oncoming bikes, scooters or pedestrians, an incredibly large number of cyclists seem to think it is a competition to see how close they come to you. We are so worried by cyclists on pathways around south Brisbane and kangaroo point that I ensure my wife and children are always to my left, with the vast number of issues in our case caused by cyclists and not scooters.
More ridiculous rules to abide by… but lets not forget that wearing a helmet on Bikes, Scooters is mandatory… yet still not a policed efficiently enough.. get the basics sorted first before creating more stupid rules for the sake of ‘Safety’.. ‘The NANNY State’ strikes again… oh and while we are at it… will Drivers be well informed that when cyclists, mobility scooters decide on using the road to offer safety to walkers, those cyclist shouldn’t get abused for using the road or in more controversial circumstances where drivers purposely aim to run cyclists off the road… like what occurred recently to me.
Pedestrians walking with headphones are an accident waiting to happen they can’t hear your bell, aren’t concentrating on anything else other than loud music, wander all over the path, totally selfish.
This seems to be a troll comment, but it does highlight the ignorance shown by the more arrogant of cyclists, insomuch, on the footpath, pedestrians have right of way.
An integral part of operating a vehicle is identifying and avoiding potential hazards.
All bikes should be registered end of story
If it is a footpath, then the speed of scooters and cycles should be limited to walking speed, ie 8km/hr.
I often ride battery bike past a school paddock that has no gates or people around, and has good vision for a whole city block. I dont see the need for slowing to walking speed. Common sense is all that is needed, not a set of new laws that brainwashed policemen will be only too eager to enforce to score brownie points.
I don’t know where they get the idea that Escooters are speed limited maybe on the hire versions but privately owned versions would give a drag car a run for the money
Absolutely.
I have just witnessed a scooter rider racing alongside an unregistered dirt bike, both doing around 60_70 ks in Crestmead qld.
So many of these scooters are modified to achieve quite high spèeds and it is only a matter time that either rider or a passerby is injured.
Footpath means foot path. E scooters are a danger to both pedestrians and themselves. Speed can kill an elderly walking person hit from behind or head on by young riders who seem to think dodging in and out of walkers is ok. Also carrying things as they ride. Bicycles have a bell they can ring and most are courteous. Problem how do we fine or police young children. Do we take the vehicle from them?
I’ve just come back from S-E Asia where there a waaay more people than here. There are almost no e-scooters, bicycles, e-bicycles. Instead the people rode motor scooters. They keep up with the traffic flow and reduce congestion in the roads massively. We would be well advised to follow this lead and outlaw bicycles and scooters. They are a dangerous nuisance. Lets promote more motor scooters ( th2ry are cheap and effective) and keep all the traffic moving.
In Reality there’s Two Basic Things or Rules that EVERYONE Can Use & Need To REMEMBER that Would Make it Much Safer, More Enjoyable & Less Frustrating for EVERYONE Who Are On, Using & SHARING Our Roads or Pathways…
Simple ‘Common Sense & COURTESY’. A Small Thing That Could Make A HUGE Difference For ALL.
Why not invoke a registration system. The problem is that, unless they are stopped there is no forms of recognition. A rear number plate will make riders recognisable, either by sight or dash cam, mobile phone cameras.
and they can be fined accordingly.
Also, some forms of insurance cover for riders who damage vehicles.
It wouldn’t be hard to implement and would afford some recourse for drivers whose door mirrors have been removed by some inconsiderate, unregistered road users.
Many cyclists are OK but also many think that they own the road.
As a 50 something bike rider, my road experience is off occasionally being told to f off the Rd, or someone’s cars will drive extremely close seemingly to intimidate. On the paths, we’ve never had a problem until the arrival of e-scooters. They are as quiet as bikes but accepted faster and some travel at 35kph+. Again, the few spoil it for the many. Government feels compelled to cater for the lowest common denominator. There is a drive for zero accidents but realistically that can never happen. One serious accident can result in policy change but should it? I fell while riding on a bike/footpath due to slippery concrete and the council were very apologetic and seemingly afraid of potential for being sued. THIS creeping worsening litigious society is the real cause of these ‘nanny’,’cotton wool’, ‘draconian’ measures. Our country is unique in having Western standards of living with a low density population. If the UK were as tough on two wheeled riders they would have so many more incidents to deal with, it wouldn’t be worth implementing.
As some people have said… It comes down to consideration, courtesy, sense not tighter and tighter laws. Why don’t you ensure the scooters are speed limited since they can be registered. Perhaps a colored plate that allows them on paths because they are limited. Of course some will get their plate and then apply the unlimit change to their scooters. You can’t fix it with rules. Just bring your kids up with sense. And accept that occasional accidents happen, that’s what accidents are…. Unintended and occasional.
We are all forgetting the pedestrian. Roads were the domain of footed travel, human or other. Last century they were slowly taken over by motorised vehicles forcing the humble pedestrian onto the pavements and footpaths. Now, even the safety of the footpaths is threatened with the introduction of e-scooters and other such contraptions. These are motorised vehicles and should be treated as such.
Good.
This shouldn’t apply to normal bicycles with no power source, the roads can be dangerous, especially biking home from school or work after dark. And honestly, it shouldn’t apply period; it’s just another chip away out our individual freedoms by government, once again in the name of ‘safety’. You see now you can get charged over $1000 for incorrectly wearing your seatbelt! $1000! Some dangers are worth the risk so that we retain our freedom of choice and autonomy without coercion of unbalanced and ridiculous penalties. Our parents survived well enough without $1000 seatbelt fines or bike cops, yet we at present cannot? Stop applauding every new incursion into our personal freedom just because your to lazy or afraid to take care of yourself and use your own best judgement to deal with danger. Or you’ll be part of the reason our country shifts from being a nanny state into a police state, in the name of “keeping us safe”. It’s happened before.
The key words to you ‘entitled’ users is due care. Ride in the footpath but just don’t be a nob. Nothing to do with over regulation or unfair targeting. Everything is reasonable and appropriate if you just show respect.
The issue, in my experience as a frequent walker of the Redcliffe Peninsula coastal footpaths, is that the majority of cyclists don’t sound their bell as they’re approaching walkers from behind. Cycles are, in the main, silent so one is only aware when the cyclist has passed. All it takes is a step to the right (spontaneously) as the cyclist is passing and well … As we’re all (or should be) aware, this has been the cause of serious accidents!
Quite simply, due to irresponsible cyclists who won’t sound their bells, all cycles (including E-bikes) should be banned from footpaths.