E-bike owners angered over ban

The NSW Supreme Court upheld a magistrate’s ruling banning the electric bikes on roads and footpaths.

The move has angered Ted Monkley of North Haven who used his e-bike as an independent mobility tool.

He doesn’t understand why only his model of electric bike was banned and not other similar vehicles.

“When I bought the bike I was presented with a brochure from the RTA (Road and Traffic Authority) saying that it was legal to use on the road,” Mr Monkely said.

“If my wife has the car then I’m not stuck here, I can go up to the shops or get prawns at the co-op, visit friends, just get out. Walking is not an option with my injured leg. When I got the bike it felt different to be able to get out and I always followed the road rules, keeping to the left. I felt like I was 17 again. Before I got the bike I was sitting around doing nothing.”

The RTA website states, under Registration of motorised scooters, mini bikes and other motorised devices, “Motor assisted pedal cycles with electric or petrol engines are exempt from registration, provided the maximum engine output power does not exceed 200 watts. These vehicles must have been designed as a bicycle - that is, to be propelled by human power, with the motor attached as a supplementary aid only. Riders must follow the same road rules as for pedal cycles without motors, including wearing a helmet. Motorised wheelchairs and other types of disabled persons’ conveyances are exempt from registration and operators of these vehicles must comply with the same road rules as pedestrians.”

While the e-bike has a 200 watt engine the Supreme Court ruled that the vehicles were unregistered registerable vehicles because they are not motor-assisted bikes but pedal assisted motor bikes.

The RTA website also states that some powered devices on the market sold as motor-assisted bicycles actually fall outside of the strict definition.

“People need to be aware of the laws as anyone caught riding a vehicle which is not exempt and is not registered, may be fined and have their vehicle confiscated by police.”

Mr Monkley said if the bikes didn’t meet safety standards or were not able to be used fully then “why were they allowed into the country?”

“These are no more dangerous than gophers,” Mr Monkley said.

“It gave me independence, that’s what hurts [about the ruling]. Thousands of people die in motor vehicle accidents and they’re not banning the motor car.”

Mr Monkley said he has written to both local state (Rob Oakeshott) and federal (Mark Vaile) representatives about the ruling.

Gary Clarke, proprietor of Koala T Care Laurieton, sold the e-bikes as part of his business and also contacted Rob Oakeshott’s office for clarification.

“His office said they have been inundated with letters about this and encouraged people to keep writing,” Mr Clarke said.

“We’ve been inundated with phone calls from people wanting to know what’s going on.

“The importer has spent tens of thousands of dollars in court but can’t continue and has said he won’t be importing any more into the country, effectively closing his doors.

“Before we bought the business Rob Oakeshott raised the issue in parliament wanting clarification by the police on their interpretation of the laws surrounding e-bikes. I believe the parliament passed the bikes as legal because they have a 200w engine with pedals. It’s amazing that now they’ve banned e-bikes but other bikes with motors, used in the same way, are still legal.”

In May 2007 Mr Oakeshott said he’d heard people were fined for using their e-bikes and another who was awarded $4200 in damages following an e-bike fine.

“Countries such as Canada and Switzerland actually provide incentives to purchase and use e-bikes, however there seems to be a reluctance to encourage increased use of these bikes throughout our region,” Mr Oakeshott said in 2007.

“If we are to encourage the introduction of e-bikes onto our roads, I want to be confident in the support of police in following the law as it reads, and for them to have the same interpretation of the law as those who are both selling and using these bikes. Otherwise we have a problem and obvious conflict on our roads.”

Mr Clarke echoed Mr Oakeshott’s statements about the bikes being a popular choice overseas.

“What amazes me is that the Prime Minister is talking about hybrid cars and the high cost of petrol and these (e-bikes) would be an ideal alternative.

“The bikes have been very popular with people that are sick of the high cost of petrol and who are environmentally conscious. The ruling is a shame, people were very happy with them.”

Mr Clarke said his business was lucky not to be left out of pocket as they had no e-bikes in stock when the ruling was handed down.

He said he was aware of people looking to set up an action group to have the ruling overturned and could provide contact information to anyone interested.