Inconsistent e-scooter regulations across the country are putting riders and pedestrians at risk

Australia Broadcast Center

2 days ago

At 16, Jasmine Flowers suffered a traumatic brain injury after falling off an e-scooter – an accident she admits was her own fault.
She reached a speed of 28kph while riding her friend's privately-owned device on Queensland's Sunshine Coast when the e-scooter tipped over and she fell.
"It's just black from there," she said.
Jasmine, who was wearing a helmet at the time of the crash, was rushed to hospital and then flown to Brisbane where she was in a coma for several days.
She remained in hospital for a month, and seven months later, still visits regularly for check-ups.
Her father, Gary Flowers, will never forget the moment he saw his daughter after the accident.
He recalled Jasmine covered in blood, crying, writhing in pain, shivering from the cold and vomiting from the trauma.
"It's been an emotional rollercoaster," Mr Flowers said.
The impact of Jasmine's head hitting the bitumen caused her brain to shift inside her skull, resulting in a bleed on the opposite side.
She was left deaf in one ear, unable to fully close her eye and temporarily paralysed in the face.
Jasmine, now 17, still lives with memory loss, brain fog, impulsivity and confusion – and acknowledges the risk she took.
"It was my fault," she admitted.
Jasmine is one of thousands of young Australians who have been injured while riding e-scooters or e-bikes.
Since 2018, Queensland hospitals have recorded almost 6,300 emergency department presentations related to e-scooter crashes.
According to the Jamieson Trauma Institute's Kirsten Vallmuur, nearly 1,100 of those were children under 16 and almost 500 were children under 12.
"Around a third of the patients are saying they were speeding over the 25kph speed limit," she said.
Riding without a helmet or under the influence of alcohol are two of the other key factors in e-scooter crashes not just in Queensland, but across the country.
However, tracking national trends is difficult and researchers have had to rely on individual data-gathering projects to obtain statistics.
"Hospital systems aren't equipped to collect that data in a responsive way," Professor Vallmuur said.
"Even though the collection of data is not systematic [nationally], the kinds of patterns that are coming out [are] quite systematic."
Part of the problem lies in inconsistent regulation, with rules for e-scooters and e-bikes different across Australian jurisdictions.
In Queensland, private e-scooters are legal and can be ridden on footpaths, while in New South Wales, private ownership is banned.
Speed limits also differ.
Some jurisdictions allow up to 25kph while others cap them at 15kph.
Even what qualifies as a legal e-bike differs.
Some states allow throttle-assist bikes, where riders don't need to pedal. Others allow only pedal-assist models.
Narelle Haworth from Queensland's Motor Accident Insurance Commission said differing rules around the country had opened the door to non-compliant and potentially dangerous devices being imported and used.
"[There is] very little checking at the border," she said.
"There's very little need for compliance with the rules that we have here in Australia … so you can import and buy something online that is going to be illegal in the state where you live."
Australia's federal transport department told the ABC states and territories are responsible for e-scooter and e-bike regulation.
"It's clear there is considerable community concern and risk presented by the increasing number of these devices," a spokesperson said.
"That's why the Australian government is continuing to work with the states and territories to explore the risks and opportunities they, as well as personal mobility devices more broadly, present — and identify appropriate risk management strategies."
Queensland and Western Australia are both undertaking public inquiries into e-device use. New South Wales recently concluded a similar inquiry.
Queensland's hearings began last week after the inquiry received more than 1,000 public submissions.
Among those calling for change is 25-year-old Townsville resident Tristan Bowers who loves to walk his guide dog Andy along the city's beachfront promenade – The Strand.
Mr Bowen, who sees only shadows due to optic nerve hypoplasia, said e-scooter and e-bike traffic had turned the 3.5m wide footpath into an obstacle course.
"It's never really possible to get out of the way, so we have to rely on them to get out of [our] way."
Mr Bowen said he didn't want to see the devices banned, but would like to see tighter rules to reduce risk.
"I would like to see speed restrictions and something to make them louder, so when they go past, they're easier to hear," he said.
Professor Haworth, who also works with the Queensland University of Technology Road Safety Research Collaboration, said Australia could learn from overseas jurisdictions.
She pointed to the UK where rental e-scooter riders must have a drivers licence and people must be aged over 14 to ride pedal-assist e-bikes.
"People already know the road rules because they already have a drivers licence and it also puts in a minimum age that is probably at an appropriate level," she said.
For Jasmine, her mission now is to warn others. She speaks to her peers about the risks and wants tighter laws to protect young riders.
Her father agrees — and he's taken his campaign to politicians, calling for changes including full-face helmets, reduced speed limits and education in schools.
He also wants teenagers to complete a safety course before being allowed to ride an e-device.
"No one should have to go through that kind of pain," Jasmine said.
"It was like a fever dream. It was the worst months of my life. I hated every single bit of it.
"Treat it the way you treat a car. Those same laws."