E-scooters in Newcastle: road rules, fines aren't keeping pace with new transport

Around 3pm - in the stinking heat that a cloudless sky serves up in early March in this city - a skinny, barefooted shirtless chap wearing shorts, wrap-around sunnies and a fetching ankle bracelet (but sans helmet) zooms up Darby Street while exceeding the 30km/h allowed by vehicles.

"That right there, that's very Newcastle," I say to a visitor from Sydney.

It's shortly after 7am a few days later and an e-scooter guy with massive earphones and a sharp suit flies past, scaring the bejesus out of the aged hound I am walking on a Hunter Street footpath.

Old deaf dog strains the leash pretending to be interested in a chase, probably because there was no sound before e-scooter guy stealthily appeared. At least he's wearing a helmet. But there's no bell or horn that he could be arsed using.

E-scooter guy has probably ridden from his car - parked in one of the many unregulated, no-cost parking areas ringing this city and favoured by commuters - and appears eager to buckle down in the cubicle and do battle with the spreadsheets.

Despite these examples, most riders do behave sensibly and courteously.

Not all, but most.

E-scooter batteries are quick to charge, and e-scooters are easily carried on public transport, into the workplace and don't require a parking space. They are ideal for short trips. They are quiet and create a smaller impact on the environment than vehicles sporting internal combustion engines. There's a lot to like about e-scooters when used sensibly, safely, and courteously.

But e-scooters are illegal, whereas electric bikes are not. Electric bikes have pedals as their key manner of propulsion and are only 'helped' by a motor. Because e-scooters don't have other primary means of propulsion, they are legally classed as a motorcycle.

It remains illegal to use personal e-scooters on all roads, footpaths, and shared/bicycle paths in NSW. E-scooter riders in Newcastle can be fined, charged, and have their scooter confiscated by police. But figures released last week by NSW Police under the Government Information Public Access (GIPA) Act show only an unlucky few get nicked for riding an e-scooter in Newcastle.

In the 12 months following 20 February 2022, a total of three infringements were issued to e-scooter riders in the Newcastle Police District. One infringement was issued for riding on a footpath and two were issued for riding on a road. In Lake Macquarie during the same period, one infringement was issued for riding on a road.

Last July, Transport for NSW invited NSW Councils to participate in e-scooter shared scheme trials. The Lake Mac e-scooter trial started on 5 December 2022. As part of the trial, people are only able to ride e-scooters supplied by selected providers on designated shared paths only.

The e-scooters are available for use on the Fernleigh Track, the Croudace Bay foreshore, the Warners Bay foreshore and up to Glendale, and the Toronto foreshore to Fassifern railway station.

Given the legal use of e-scooters in some other Australian states and territories, it seems absurd that lessons can't be taken from those states rather than through a trial with unrealistically narrow limitations. What will such a limited trial tell us compared to other Australian experiences?

Yes, there have been accidents, just as there have been with cars, motorcycles and bicycles. Any form of wheeled transport carries risk to rider, driver and others. That risk can't be eliminated, but it can be mitigated.

The shared scheme trials were given the green light by Active Transport Minister Rob Stokes, who has consistently shown himself to be more attuned to active transport than ministerial predecessors, including Duncan Gay, who seemed to think there should be a special place in hell reserved for cyclists.

And then there was Andrew Constance, who once quipped - with his unique brand of imperial arrogance gifted to so few - that he was "not in the mood" to have e-scooters on Sydney streets, ditched the recommendations of his department's e-scooter working group as well as those of the National Transport Commission. Both recommended the opening of Sydney and all Australian cities to e-scooters.

Newcastle's relative flatness makes it an ideal place for the sensible, legal use of e-scooters. And it's also a locality where police figures show you're very unlikely to cop an infringement notice for ignoring outdated laws that are way out of step with other Australian localities.

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