wait there’s “illegal” in Australia 
honestly should get after that and get it changed/amended before all the CARELESS give it potency.
TIME would NOT be on your side on this one.
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That’s incorrect and untrue. See legal facts below. I explain along the way.
Passed 3 or 4 police cars the one night, on the sidewalk, with my board covered in LED lights (testing out light rigs) and LED strips. As some have said, people stare, so the police slowed down, stared, and drove off. Nothing happened.
Slippahodge is mostly correct.
Always read the law yourself on austlii.edu.au. Print it out and carry a copy with you at all times incase you’re pulled over and need to argue your way out.
I have a bit of legal training and recent experience with various NSW courts (in Sydney) for personal car & motorcycle related offences (as they’re called). I’m here on ESK8 having fun building alternative transport because I’ve had my drivers license suspended for ~9 months (3mo + 3mo + 3mo) and fined ~$2,000 + ~$500 in for lawyer fees per court day. I cannot drive my car on any “road related area” nor ride my motorcycle, without risk of being caught and jailed. It’s horrible. I’m basically on home detention.
In each case I was partly right but mostly wrong. The first time I was summoned, via. police highway patrol. The next time I voluntarily elected to take a fine to court to contest it and argue truth for the truth’s sake, and ask for leniency for low income. In highsight, I regret both and regret ever going to court. The only person who wins is my lawyer, who is paid and has nothing to lose but his reputation.
Respect the law, and don’t break it, but also don’t be intimidated by courts if you have to go. If you’ve kept the law, you will be fine. The law and the courts are there for everyone.
Know that courts are basically a group of people making decisions on behalf of the government / monarch (who don’t have time hear everyone’s case personally). There’s a judge, police prosecutor, the court officer, the typist, and your lawyer all in one room. They’re all colleagues in that sense and they chat amongst themselves (sometimes sociably, sometimes aggressively), discussing possible solutions, and eventually arrive at a suitable decision / verdict / penalty / recommendation. They discuss the facts of your case, the law, and your circumstances. The police prosecutor presents an antagonising case against you, telling the judge how naughty you have been, while your lawyer basically grovels and presents a case to defend your actions, explaining your circumstances, what happened from your point-of-view and presents evidences you may have collated. However, they mainly make a very general summarised assessment of your ‘character’, with extreme prejudice. A good lawyer will communicate this better than a lazy one.
E.g. The magistrate at the first court was polite, courteous, understanding, and sympathetic, letting me off the hook without penalty. At the second court he was condescending, hot headed, hostile, snide, cynical, very smug, and penalised me harshly, even sending me a second penalty in the mail, adding insult to injury. At the third, the magistrate was mature, wise, calm, intelligent, highly empathetic, compassionate, and just, absolutely by the book. He let me off with the minimum penalty and undid the multiple penalties the previous judge tried to pin me with.
The law is discussed, but not as much as you’d imagine. They focus on the important bits only.
The judge, having the most power in the room, can act with discretion, meaning he can do whatever he wants, within certain limits. He can:
- Make an example out of you and your case with a harsh penalty,
- Give you an average penalty, or
- Be lenient / sympathetic / kind / merciful / gracious and let you off with a light penalty, e.g. a minimum fine amount.
About the RMS: At each of the courts I attended, it seemed commonly understood that the RMS / RTA is infamously inconsistent / confusing / inept / has double standards / utterly unreliable. Does that mean they that cannot be trusted and have no authority and you can ignore their info? No. It’s your reposnibility to check all the info and laws and rules, etc _before you skate_Then, if you’re ever in trouble, you can truthfully explain to the policeman or magistrate what happened, and he may let you off.
E.g. You can explain how the RMS info does contradict the legislation / road rules / understanding, and he may or may not accept your explanation.
Ignore Clonkex. – The law is the law. Intelligence, moronism, confidence, or pride, are irrelevant when it comes to the law. Of course it looks better if you’re being safe and sensible, but that won’t save you in court, or from a policeman.
Ignore jdnicholson. Ignore Jedi. – The law is the law. Their opinions are subjective. The law is objective, either you are within the law, or you are outside the law.
Also, police are people too. They can be zealous die hard rogues, corrupt Dirty Harries, or friendly Mr. Local Policeman, sweet, soft, and gentle, smiley Mr. Policeman. But cops are cops. Some cops love their job, and remember every crime or potential crime they’ve spotted. This type will make it their life mission to catch everyone, including you, at some point. Some cops dislike their job and slack off, but nowadays, cops have quotas to meet! So they need to catch / fine x number of people per day! Issue x fines per day!
Rumour has it there’s a zealous policeman in my local area who’s reputed to fine ‘everyone’ and defect everyone’s car, always going out of his way to catch someone. People talk about him like a great white shark. Apparently he fined his own wife! Apparently he sits and waits for people to pull out of their driveways! Surely there’s some truth there, but it’s most likely an exaggeration. But I do know of policemen who have coordinated with other police cars to chase down motorcyclists (hoons), Pac-Man style, chasing them down, cornering them, and boxing them in. And they’re almost always extremely aggressive, over the top, and sometimes violent.
On the other hand, there’s officers who are very gentle, very placid, and ‘by the book’, doing their shifts and clocking off at 5pm on the dot, but because they have no legal training, and maybe semi-illiterate, they tend to mistakenly give people misinformation, feeding them lies, and penalising them incorrectly. That would be injustice, so you’d want to contest that at court. Unfortunately the courts tend to side with policemen…
Police also record everything nowadays. They wear cameras and voice recorders. Their cars have cameras. Their roof racks have cameras. So, it’s very difficult to contest a policeman’s accusations unless you can prove beyond reasonable doubt that you’re right with the same kind of evidence (witnesses are useless in these cases).
That’s right. Stay low key. Avoid the police. Avoid the courts. Keep your record clean.
Legal battles are way too expensive and waste A LOT of time, energy, and money. It’s not worth it unless you really really really want to say something and have your case heard.
That’s untrue. It depends on the circumstances of your case, i.e. whether you were caught on the road, on the bike path, on pavement, on the footpath, on public or private property, etc, how you were riding, whether of not you endangered somebody, etc.
Also, it depends on your legal history, and who finds out that you just got fined. If the info gets into the wrong hands (one day when all gov’t databases are synchronised and highly unregulated…)__ life will become a bit like Minority Report and you’ll find that a small fine can trigger something much more serious.
E.g. If your drivers license is suspended, or you’ve been issued a CAN notice recently, and thus, you’re not allowed onto a ‘road or a road related area’, all it takes is one zealous policeman to make you’re life into series of criminal court trials. Maximum penalty is something like one year in jail and $3,000 in fines.
Or, if you’re on a good behaviour bond, or something like that, and one of the conditions of your bond has anything to do with roads, driving, walking, riding, skating, etc, and even if you remotely breached the conditions, you’d risk getting into serious trouble.
Ignore Clonkex. That’s untrue. As mentioned above, you cannot rely completely on the RMS. In this digital age, stuff gets easily outdated, updated, improperly uploaded from the database, etc.
E.g. Whilst my drivers license was suspended by the RMS, the RMS website (‘My Wallet’) had no information on this, even though the My Wallet system is there to tell you whether or not you can drive, and what is on your account, etc. Also, the RMS database (at the RMS branch) had no information on this. Also, the police database had no information on this. Only the RMS head office knew my license was suspended. In fact, when I went to the RMS and told them all these problems, they didn’t care that much. One of the attendants at the branch even insisted that I was not suspended. I then asked for a written evidence which they refused to supply it.
Also, I actually took a screenshot of my RMS Wallet and submitted it to one of my court cases and the magistrate dismissed it, invalidated it, smirked at me and laughed. He didn’t care, nor did he acknowledge My Wallet (albeit from a ‘government organisation’). All he cared about was the police evidence. He didn’t even allow me the time or chance to explain that IF you go to the RMS in person, and even speak to the branch manager, they will tell you to “login to My Wallet” on one of their computers and then they will print the screenshot.
That’s right.
Warning to Australian esk8ers: My lawyer, who is excellent, and is at court almost every day, firmly recommended that I ‘do not ride a skateboard on the road because it is illegal’. That was his response to me asking him how do I get from my house to the bike path. Instead, he suggested that I ride an electric bicycle.
I’ll elaborate below, on how my lawyer is partly wrong, but his advice should still be taken because it’s current and he knows the vibe right now since he’s in and out of courts everyday.
[n.b. Sydney is very bicycle friendly nowadays since parliament & Sydney City Council have pro-bike groups. Unfortunately, skateboards and esk8 are unfavoured. Since the 90’s they’re seen as a pest, while bicycles are seen as ‘healthy’.]
Don’t trust a policeman just because he’s friendly. Their job requirements change day by day, case by case, and their job is to catch people. They do what their boss tells them to do. If you go to court and listen to the conversations the police have amongst each other you’d know what I mean. They swear, snicker, and cackle amongst themselves.They’re police before civilians. It’s their life. Even the softest ones can and will turn on you. Remember Nazi Germany.
I would print the following out:
(Included the letter head / header banner for it to look official to the policeman, or court, which it is.)
(Skateboards, foot scooters and rollerblades | Transport for NSW)
Highlight the part saying: “…skateboards… may be ridden on footpaths unless signs specifically prohibit them, however, riders must keep to the left and give way to other pedestrians”
Highlight this too: “On separated bicycle and pedestrian paths, foot scooter, skateboard and rollerblade riders must use the section designated for bicycles, but must keep out of the path of any bicycle”
And this: “skateboards and rollerblades can only be used on the road during daylight hours”.
- This section is your defence against anyone who says ‘skateboards are illegal on the road’, including my lawyer, and probably any court in Sydney. But, this is defence none the less, and at the very least will make a judge compassionate and understanding. It may even save you from getting fined by a zealous policeman!
And this: “They cannot be used on roads with a dividing line or median strip or a speed limit greater than 50km/h, or a one-way road with more than one marked lane”
- As long as you are going under 50km/h you’ll be fine. Also, make sure the policeman does _not _have a LIDAR reading of you doing 50kms. If he does, don’t even bother arguing. There’s no point. At that point, SAY NOTHING. NO COMMENT. Take the penalty notice and call your lawyer asap.
Print this too if you’re riding in the CBD: @jdnicholson
(Speed zones | Transport for NSW)
(http://roadsafety.transport.nsw.gov.au/stayingsafe/pedestrians/sydney-cbd-40kmh/40kcbd.gif)
Now, this is ‘the law’…
Print this out:
(LOCAL GOVERNMENT ACT 1993 - SECT 633A Use of skateboards, roller blades and roller skates)
As you can see, it’s very much a 90’s law, worded very generally and subjectively to describe anti-social skater behaviour… Do not “obstruct, annoy, inconvenience, cause danger to any person”. If a zealous policeman wants to penalise you, he can. The burden of proof is too difficult to prove if you were’nt endangering anyone. Basically the court would take the policeman’s word against yours because it would sound like he’s protecting society from wreckless anti-social skaters ollying off stairs beside grannies, nose sliding beside workers eating their lunch, bombing hills while old ladies are crossing the road, etc.
However, this is the bad news. The Road Rules 2014 under the Road Transport Act 2013:
- esk8ers are classed as ‘pedestrians’ (on wheeled recreational devices), not riders (like cyclists)
- esk8ers (carrying their boards)can be travelling on roads by foot, but when there are foot paths, and bike paths they can’t be on the road; and they must travel single file.
- esk8s are not mentioned to be allowed on bike paths…
- BUT if an esk8er is on his esk8 (a wheeled recreational device), then he’s allowed on a bike path!
I once saw a walking pedestrian _fined _ whilst walking along the Harbour Bridge bike path…
- esk8ers on esk8s cannot legally ride on the road… not unless the road has no marked lines… and the road is less than 50kph (i.e. quiet suburban streets), meaning that you can ride on the road, but only on typically very quiet roads.
- esk8ers cannot ride an esk8 on the road at night… i.e. The earlier RMS rule, “skateboards and rollerblades can only be used on the road during daylight hours”. "
- When an esk8er is riding an esk8 on the road (during day time), he must keep to the far left and ride double file (and no more). Basically the opposite of New York esk8 meets!
- esk8ers riding esk8 cannot tow onto other vehicles
- no “wheeled recreational device” signs:
(http://www.austlii.edu.au/au/legis/nsw/num_reg/rta2013rr20142014758l28n2014410.pdf)
In VIC… and I’ve heard in QLD too… skateboards cannot legally go faster than 25ph. I can’t find that for NSW though. A Queenslander told me a policeman threatened to confiscate his board, an Evolve GT going ~40kph.
** (VIC) ROAD SAFETY ROAD RULES 2017 - SCHEDULE 5**
In VIC, esk8ers are also considered pedestrians:
SA actually has specific rules for “electric skateboards”…
(My Licence - Rules for Riding Motorised Scooters and Skateboards in South Australia)
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Keep worrying… I’ll be riding.
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Never had any personal encounter with the cops here in Sydney. Heard of one guy who got fined a couple of months ago but don’t know the exact background story. Other than that cops are chilled af.
What a post! I appreciate the time and effort you’ve put into that. However I have a few issues with it, and I’ll address them below.
I haven’t seen any evidence that it’s not true, actually. All you did is show the “wheeled recreational devices” laws, which I’m already extremely familiar with due to also being an avid rollerblader. Just because those laws say that a skateboard is a “wheeled recreational device” does not mean that there won’t be another law classifying it as an unregistered motor vehicle, which is illegal to use in public places. That may be contradictory but guess which one they’re going to use in court.
That’s always been my plan in every situation 
No, don’t ignore me. The key word was “should”. Based on a now large number of reports from riders in Australia, most cops won’t care as long as you’re not being an idiot. The goal is to avoid having cops want to stop you skating. If a cop decides you shouldn’t be esk8ing, you’re no longer “fine” and it’s now time to enter law territory.
Ditto.
It’s not untrue at all. It absolutely is supposed to be an accurate representation of the law. It absolutely is the RMS’ job to up to date information on the current laws. I never claimed they did their job well, or that you should rely on the RMS website’s information completely.
You then quote a heap of the “wheeled recreational devices” laws. I definitely ride as though those laws apply to me (exactly as I do when on rollerblades) because they’re the closest laws I know of to suiting my situation, and I would use them as my main defence in case someone questioned me, but I don’t believe they actually apply to me.
- The statement “Esk8 is illegal in public places in Australia” is broad and could mean anything, however, in the context of ‘thoughts and experiences’ for this post and purpose of this forum (to educate amongst other things), I’ve assumed you meant, “Riding an esk8 in public places is illegal in Australia” (not ‘registering an esk8 as a motor vehicle’).
To have an absolute answer, like “An esk8 is absolutely illegal in all cases in Aus” is untrue, as explained, as referenced. Read my post properly and you’ll see. Likewise, the converse “An esk8 is absolutely legal in all cases in Aus” is equally untrue and impossible, because new cases come up all the time, and people do strange things.
You’re paranoid and little misinformed. It’s good to err on safe side, within the law, but you don’t seem to understand what the law is for, and it sounds like you might be wanting to push the boundaries.
OK, clearly, skateboards are legal (as toys, recreational devices, etc), but the electric part is now the issue for esk8ers, relating to speed, dangerous batteries, and possible injury to yourself and others (this is the main focus of the law). This is the part that is a concern to others and the legal system. It’s also a concern for your wellbeing as well as your neighbour. E.g. If you’re running a chain drive without a chain guard (which mandatory for registered motorcycles) and you wear loose clothing, like jeans with ripped seams, it could easily get sucked into the sprocket and rip your pants, and possibly pull your leg in, pull your shoes in, and fracture or break your foot / ankle / leg.
To explain, I’ll focus on legislation vs case law. (The governor general hardly does anything.)
Legislation: Know that Australia is a not a police state, not an authoritarian dictatorship, or under martial law (although it may feel like a ‘nanny state’ at times). We’re under a parliamentary system (where MPs have the power to pass new law / legislation / acts if they see reason to), that is, a parliamentary democracy (not communism, not a dictatorship, etc). When new issues arise, e.g. politicians feel that Sydney needs bike paths everywhere, because people are fat, stressed, unfit, and petrol is too expensive, etc, then they’ll pass motions to discuss these matters in parliament. These motions are eventually passed into acts of parliament which are “laws”. So, yes, it’s not absolutely guaranteed that esk8s won’t be ruled out and made illegal, categorically, and finally. But this is highly highly unlikely. Also, when you go to court, it’s usually for one reason_ e.g. ‘Riding a skateboard on a main road with marked lines’, or ‘Riding a skateboard going 50kph on a bike path with a 20kph speed limit’. You’re not there to debate various laws for a plethora of possible breaches. This is where you’re paranoid and a bit silly.
Even if there are complaints / concerns about esk8s, you need to be faithful in the parliamentary process, that MPs are somewhat intelligent, with a conscience, and qualified with the ability to make decisions for your benefit and good.
E.g. Our new luxuriously wide and smooth bike paths and cyclist privileges, with equal rights as drivers, are mostly due to system in The Netherlands where cyclists out rank drivers and the whole city rides bikes. Likewise, much of the new infrastructure in Sydney and Australia-wide is directly copied from Hong Kong, Tokyo, Singapore, Taiwan, Shanghai, Beijing, London, Berlin, etc, and it’s usually really really good stuff. Without it, Australia would still be really backward, remote, and bumpkin place, living in dust and the sticks.
Dutch point-of-view of Sydney bike paths: https://www.youtube.com/watch?v=ibNNdMgHmHs.
Bourke Street is a good example (see 3:13). But out in the suburbs, particularly in the new development areas in North West, paths are even twice as wide, perfect for carving. Notice the Bondi Beach part about no helmets and police don’t care (see 1:01), so things like the helmet law varies with the policeman on duty, as does the bell rule, and even the signage rules.
E.g. I took a friend visiting Sydney for a cycling tour in the city, and we asked the police a few questions about where we could or could not ride, and they honesty replied “I have no idea” and had to go check the signs themselves. But they didn’t seem to care too either way. It was a beautiful day and we’re sensible adults not hurting or being a nuisance to anyone.
Map of cycle paths in Sydney:
(http://theprotocity.com/wp-content/uploads/2014/02/cycle_map.png)
So esk8s have been allowed to follow some bike rules, like cyclists (but not as ‘cyclists’ per se) whilst they are classed as ‘pedestrians’ on WRDs otherwise. (They are definitely not ‘registered motor vehicles’, so let’s be clear about that.) Neither of which is “illegal”. So, yes, “Esk8s are legal in public places in Aus.” as long as you abide by the rules where you are riding.
A summary for those confused: Esk8s are legal and they can be legally riden on certain roads but at certain speeds and at certain light conditions (in daylight). However, when there is footpath / bikepath, then it’s only legally allowed on the footpath or bikepath, making the road illegal. That is unless there’s a reason for you to use the road, like an obstacle / council works on the footpath / bikepath and you must detour via. the road… but that would be a rare exception to the rule.
Judges and case law: This is usually the main focus. That’s why I’ve shared a bit about my case and what I’ve seen at court. While each court and judge is slightly different, of course, they’re also somewhat the same, a bit like Mr. Anderson from the Matrix (i.e. they’re under the same bar, same high court, same law society for solicitors, etc). Also, they all are (supposed to be somewhat) up to date on case law and what serious cases have happened across the state / country / world__E.g. Rider X got caught doing XYZ in Sydney and was penalised X amount. and the court is concerned that in future XYZ will happen. Thus, as a group, we can learn from that case, and not do what he did in the way he did it. These case are all recorded. Some of it is public info, that you can look up yourself. But these cases, determine what a judge will do.
On that note, it’s worth pointing out that Judges have metrics to meet too. They have to consider that gov’t bills must be paid, to cover court costs, to pay all the people working that day, all the lawyers involved, the judges wage, and the gov’t coffers, etc. So when they see esk8ers and esk8s, I don’t think they see it as a way to may money. In comparison to cars, with import fees, trade agreements, engineering and design rules, engineering certificates, compliance plates, etc, etc, that come way before ‘registering’ the vehicle. Basically, there’s big money in cars, and easkers are like peasants, not even on the Richter scale! Esk8s are essentially “toys” but because they’re now faster and can reach commuting distances, you may feel they’re more significant, but I don’t think they are, not yet.
[Attention moderators: Someone should start an ‘Esk8 Case Law’ topic, perhaps an rss feed, to record this as news for everyone’s benefit. So instead of saying, I heard so and so got so and so, it can be recorded properly for everyone’s benefit.
E.g. Case name: Damyon Wiese hospitalised Date: 31 Dec 2017 Location: Perth, WA Facts: Fell off while riding. Hospitalised with brain injury. References:
OK, now, both of these pillars of the law fall under the Australian Constitution. That is, the structure of this country, the states, federation, parliament, house of representatives, etc.
See this overview of the Australian legal system:
(The Australian Legal System - Law - LibGuides at The Australian National University)
In 99% of cases, esk8ers will go to local court (in yellow) and progress upwards from there as it gets more serious.
(It won’t fall under a Commonwealth Court, unless you don’t hurt someone up with an esk8, perhaps using an esk8 to injure someone like a family member or colleague deliberately, etc.)
(GENL2021 – Introduction to The Australian Legal System – My Lecture Notes | Andrew Harvey's Blog)
- Registration of vehicles is not the topic. However, I have also answered that because if you read carefully you will see that a wheeled recreational devices (WRD) is defined in the The Road Rules 2014 under the Road Transport Act 2013, which is under the “Government Departments” section above.
An esk8 is not a registerable vehicle. Currently, it does not meet the minimum weight, speed / power, or Australian Design Rule Standards. But, as quoted, the moment you brake the speed the limit, you will be at risk of being penalised by a policeman.
But as mentioned, it’s rare and unlikely that you will take the RMS to court and challenge them. Usually people are contesting fines, or warnings, or prohibitions to drive, or similar penalties given by the policeman on duty / police prosecutor at court / allowed by the judge at court.
There is no other relevant Australian law to my knowledge. Did you have something in mind?
In summary, respect the law, and keep it, but also don’t abuse the freedom you’ve been given by acting selfishly and negatively affecting others. That’s when the law typically takes effect and reprimands you. Do unto others as you would have done unto you. That is, the 2nd part of the royal law: “Thou shalt love thy neighbour as thyself.” (Matthew 22:39, King James Version)
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It’s illegal in Victoria, but so is riding an unregistered dirt bike down the street and hooning round the local park like my neighbours do 
Everything still falls under the Road Safety Act 1986. It’s definition of a motor vehicle is as follows (pg 23).
motor vehicle means a vehicle that is used or intended to be used on a highway and that is built to be propelled by a motor that forms part of the vehicle but does not include— (a) a vehicle intended to be used on a railway or tramway; or (b) a motorised wheel-chair capable of a speed of not more than 10 kilometres per hour which is used solely for the conveyance of an injured or disabled person; or ( c) a vehicle that is not a motor vehicle by virtue of a declaration under subsection (2)(b);
Highway definition (pg 18)
highway means road or road related area;
Road related area can be found on pg 34, I won’t copy/paste, but it covers pretty much everything (footpaths, bike paths, car parks, nature strips, etc, etc).
There’s some exemption I can’t find for electric bicycles. In short you put a motor on something and it probably meets the definition of a motor vehicle and you fall under this act. Skateboard is a ‘wheeled recreational device’, skateboard with a motor attached is a ‘motor vehicle’.
If I put wheels and a motor on my couch, and can satisfy ADRs/roadworthy I’d be allowed to register it. Same goes for an esk8. The problem is it’d be pretty much impossible, so you’re therefore using an unregistered and unroadworthy vehicle (hefty fines).
Esk8s need an exemption in this act, till then they’re illegal (to use on road or road related area).
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Thank you, @lock. I was going to spend ages replying but you’ve just summed up everything I was going to say.
@solideogloria Most of what you’re saying is irrelevant. Your entire argument relies on electric skateboard being classified as wheeled recreational devices, yet it’s significantly more likely that they would be classified as unregistered motor vehicles. If they fall into the latter group, riding them in any public place is illegal and potentially carries hefty fines. You also seem to think I don’t understand how our parliamentary government works but at no point have I indicated that.
I’m not debating whether it’s possible or likely for the police or the judge to be lenient or very strict, or whether they will know about or care about the laws. That’s entirely down to the particular person you are forced to deal with and is not something we can predict. I’m not sure why you keep bringing this up.
While I personally have nothing against this, and I 100% agree with the sentiment, it seems odd to include it with the reference in a discussion of law 
Both statements are misinformation, and highly speculative guesswork.
@Clonkex You don’t understand. It’s not “entirely down to a particular person”, or policeman, as you aforementioned. That’s untrue. As you claim to know, then you would have known that a court is a group of people, and parliament, is another group(/s) of people . Neither are “a particular person”.
You’ve asked about legality, but you seem to have no interest in the law itself. “leniency or strictness” is not what the law is exists for. It’s not a slapstick. What you have written is an extremely self-centred and childish point of view. You sound like a child talking about the “leniency or strictness” of a disciplinarian school teacher. As said above, the legal system is for your benefit, and the benefit of others. You, and your neighbour.
No. That’s an unfair low blow. Law enforcement, courts, and politicians DO CARE. Even if they are extremely inept / corrupt, they have sworn oaths and are under the scrutiny of their peers to perform according to their job description, legally. Things like the ICAC, Royal Commissions, etc, exist to investigate rotten apples. But for you to imply that Australian law enforcement ‘do not know or care about the law’ is a cheap shot, and an un-Australian thing to write.
Yes, the judge has the final say, but he cannot make things up as you’re implying. That would be carte blanch. A totally corrupt lawless society. If you understood the law, you would know understand the role of case law , i.e. past cases are considered by courts when passing a verdict; as do metrics. However, currently, I don’t believe there are many esk8 cases (as opposed to cyclist cases) on record.
Your reasoning is flawed. Having a motor doesn’t mean anything. Plenty of things in this world have motors: Fans, drones, toy boats, computers, printers…
If you had blue slipped and had registered a vehicle before, or bothered to read for yourself before posting your trollish nonsense, you would know that, an ADR checklist must be fully satisfied in order to register a vehicle. that includes meeting basic safety requirements like having the right ADR seat belts, ADR indicators, an ADR horn, and ADR head light, an ADR brake light, wheel guards, airbags, windows, a roof, etc. Does your esk8 have any of those??? Do your rollerblades??? If not, then your vehicle is a WRD, just a skateboard.
And even if you had those items on your hypothetical “couch” @lock, it must fall into an approved ‘vehicle category’. Perhaps you could elaborate, what category would that be what exactly?
Open your eyes and look at the ‘Applicability Table’ section and the listed ‘Vehicle Categories’ in the Vehicle Standard (Australian Design Rule 42/04 – General Safety Requirements) 2005.
(https://www.legislation.gov.au/Details/F2016C00153)
It may interest you to read also the Motor Vehicle Standards Act 1989.
Ok. This is going to be difficult since you seem to either take what I say too literally or not literally enough. I’ll try.
You said this:
What I get from that is that you’re saying it’s up to the people involved, not the laws directly. They can choose to ignore the laws or enforce them very strictly. That’s true. You continued that sentiment in your next post, as far as I could tell (you go off on a lot of tangents). However that was irrelevant to my original reason for posting, so I said this:
But you took that too literally. The point of the OP was this:
I recently discovered that the RMS website claims that electric skateboards are illegal to ride in public places (including roads and road-related areas). I was surprised to find this out and wanted to know if anyone else knew, and also find out what everyone else’s experiences were. Previously I was under the impression that electric skateboards unequivocally fell into the “Wheeled Recreational Devices” category, for which there are sensible, easy-to-follow laws that would allow me to ride outside private property. If I had been pulled over by police, I would have used that as my argument. Then I found out that the RMS website prohibits the use of electric skateboard in public places, which made me worry that I was actually in the wrong. If I was pulled over, would I be unable to say I was in the right? So I made my post.
Then some people replied, and I did some googling and I came to the conclusion that it was likely I would be ok as long as I rode sensibly and didn’t make a nuisance of myself. I may still be pulled over, I may still be fined, I may even have my board confiscated, but I can’t say one way or another whether police would or even could do that because so far no one has been able to source actual legislation that backs up the RMS website’s claims.
Excuse me? I’m not the one that started going on about the parliamentary system. I started out only talking about laws, but you went on and on about how police are people too, how some judges are calm and intelligent but some are hot-headed and hostile, how courts tend to side with the police. If the courts can “side” with police, then the law or the evidence is not clear. The problem is, I’m discussing whether it’s illegal to ride my esk8 on the road. Either I’m breaking the law or I’m not. That’s what my OP was about. However my comment on “leniency or strictness” was because there is varying levels of leniency or strictness depending on who you’re dealing with. Some police might pull you over and fine you for riding and unregistered vehicle on a public road. Some might ask you to make a board for them. If you take it to court, some judges might be lenient, some might be harsh and strict. I don’t see how that’s “childish”.
Please don’t put words in my mouth. That’s not what I said nor was it what I was implying. I said I’m not debating whether they care about the laws. That’s all I said. F me you really took that one bit and ran with it, didn’t you?
I’m not implying that.
Well duh.
You can’t ride a toy boat or a printer, can you? Therefore they are not vehicles.
I’m sorry, but you entirely missed the point. Let me spell this out.
According to the RMS website (and since we have no reference to legislation proving otherwise, we’ll assume the website is correct) if a vehicle has a motor is must be registered to use on public roads. Ok. Got that bit? So:
- A skateboard is a vehicle
- If you put an electric motor on it, it must be registered
…with me so far?
- You can’t register a skateboard because it doesn’t meet any safety regulations required for registering a vehicle
…therefore…
It’s illegal to use it on public roads.
Do you get what I’m saying now? That’s my reasoning.
And yes, that was intended to be insulting because you repeatedly imply (or directly state) I have no idea what I’m talking about when you, quite simply, missed the point every time.
Aha… ahahahaha… this is priceless. And you say my reasoning is flawed? So if I built a fully functioning car, but neglected to put seatbelts in, that makes it a WRD? Cool, I’ll do that and avoid all the registration fees. Smh…
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Actually if @moderators feel like they want to close this thread, I’d be ok with that. I don’t believe it is serving any useful purpose at this point. It’s very nearly pointless arguing. You could also allow @solideogloria a chance to reply if you feel it unfair to close right now, I don’t mind.
Or you can leave it open, up to you 
I’ve moved on from the couch idea
You’ll note he lost his car license for driving his motorised esky drunk as it’s classified a motor vehicle. No mention of being done for unregistered/unroadworthy vehicle, maybe they figured the drink driving was enough to teach him a lesson.
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in the UK (at least a few years ago)
turns out this judge didnt think an eboard was a ‘road user’
hey guys…
i know things can get heated over points of view or interpretation of laws…
Couple of points;
- I like this thread (i might now know more about aus law than my own pertaining to subject).
-it seems as though there is a difference in opinion of what your actually riding. (a motor vehicle or skateboard or electric skateboard or electric motorized skateboard). if the same rider under the same instance took a defense stance under each of the 4 provided “rides” in “()”. what type of outcome… same or 4 different. might be the angle of defense you take rather than what it is your actually riding.
-i would suggest moving more toward the “amending of the law”. The fact that “no skateboarding” has its own official sign and roller bladders can pretty much go anywhere and even add xc-ski poles that could easily take someone out while trying to pass in either direction, seems a bit unfair.
-amending could also bring stricter laws, leaving no “grey zone”
-power in numbers (ie petitions)
for esk8’ing longevity in AUS… keep it fella’s
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I was quite surprised tbh, I remember all the crap they would give me for my go-pends back in the day, though go-peds are freaking loud as hell which probably set alarm bells off in their heads
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QLD rocks…they limited the actual speed allowed and not the potential
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Ok, I know this is an old post but all I’m getting from this are really mixed messages. I just need a simple answer. Is it legal to ride an esk8 in Australia and where.
In QLD, I believe yes. Read up on the rules though. Elsewhere has yet to implement any specific laws about esk8, so they simply count as unregistered motor vehicles which makes them illegal. That said most people ride in most states without issue.
Generally if you follow the “don’t be a dick” rule you should be alright.
Ok. So, can you ride eskates on sidewalks and footpaths or bike paths?