Thinking of Getting an Electric Bike NSW?

Are you planning to switch from street or mountain bikes to a more sustainable and convenient electric bike NSW? This mode of transportation is becoming increasingly popular in New South Wales, Australia.

However, to use this as your transportation buddy, you must comply with the state’s e-bike laws and other requirements. In other words, you can use an electric bike NSW that meets the requirements for permitted e-bikes on public roads and road-related areas.

Note that you can’t legally use all types of electric bike NSW. To know more about what you can and can’t do with your electric bike NSW, read this article.

E-bike Laws in NSW

First off, let’s talk about e-bike laws in New South Wales. The Road Transport Legislation Amendment (Electric Skateboards and Bicycles) Regulation 2023 under the Road Transport Act 2013 is a law that provides for certain rules regarding the use of an electric bike NSW.

This law supplements the existing e-bike laws of NSW. This provides the following changes:

1. the definition of bicycle extends to certain electrically power assisted bicycles.
2. certain registration requirements do not apply to electrically power-assisted bicycles.
3. Light Vehicle Standards and licensing requirements do not apply to electrically power-assisted bicycles.

Moreover, this law adds a definition of “electric bike NSW.” It states that an e-bike is an electrically power assisted cycle that has a maximum continued rated power of 500 watts, if the power output:

1. progressively reduces as the bicycle’s speed increases above 6 kilometres per hour, and
2. is cut off when:

• the bicycle reaches a speed limits of 25 kilometres per hour, or
• the rider of the bicycle stops pedalling and the speed is more than 6 kilometres per hour.

Road Transport (Vehicle Registration) Regulation 2017

In relation to this Regulation, the Road Transport Legislation Amendment (Electric Skateboards and Bicycles) Regulation 2023 also inserts section 15 which provides that the registration provisions do not apply to electric bikes in NSW. 

Specifically, it points out the non-applicability of the requirement of registering your vehicle in NSW. The law provides that registrable vehicles such as the following need not register under this Vehicle Registration Regulation:

1. A power-assisted pedal cycle, under the Road Vehicle Standards Act, section 12 other than 1, that has an internal combustion engine or engines, or
2. An electrically power-assisted bicycle that has a maximum continued rated power of 500 watts, as mentioned above.

Types of Available Electric Bike NSW 

In the state, the law only permits two types of e-bikes:

1. Power-assisted pedal cycles. These are electric bicycles equipped with one or more electric motors that provide assistance to the rider when pedalling. They are a popular choice for commuting, recreation, and exercise, as they offer the benefits of cycling without the strenuous effort required on hills or long distances.

This one has the following description:

• has one or more motors attached with a combined maximum power output of up to 200 watts s
• can’t be propelled only by the motor/s 
• weighs less than 50kg (including batteries) 
• has a height-adjustable seat.

2. Electrically power-assisted cycles. These are bicycles equipped with an electric motor and battery that provide extra power to the rider while pedalling. They are becoming increasingly popular as a mode of transportation due to their many benefits. Reduced effort, increased range, and reduced pollution are only a few of its benefits. 

For this type, the power output must be:

• progressively reduced as the bicycle’s speed increases beyond 6km/h 
• cut off when:
  • your bicycle reaches a speed of 25km/h 
  • you stop pedalling and the speed exceeds 6km/h.

Petrol-Powered Bicycles

The other type of electric bike NSW is petrol-powered bicycles. These are illegal in NSW’s roads and road-related areas such as:

• footpaths, 
• shared paths, 
• cycle ways and 
• cycle or bike paths.

Petrol-powered bicycles are those that:

1. has a petrol-powered engine attached before or after purchase 
2. are powered by other types of internal combustion engines.

Why are they illegal, you ask? Well, bicycles with gasoline engines may achieve moped and small motorcycle speeds, making them quicker than standard bicycles. Regular bicycle brakes on gasoline-powered bicycles are not intended for faster speeds. 

If you compare this to standard bicycles, these bikes also require a lot more time to stop. This raises the possibility of an accident that might kill the rider or gravely hurt other drivers. In 2022, an NSW driver was disqualified after caught riding a petrol-powered bicycle in NSW roads.

Electric Bike NSW Offences

Like other vehicles in the state, there are also penalties for electric bike NSW offences. Electric bicycle riders have the same rights and responsibilities as other NSW drivers. A police officer will typically impose penalties for bicycle offenses immediately. In order to confirm your identity, a police officer may ask for your name, address, and other personal information.

Here are the most common electric bike NSW offences:

1. Negligent riding. Negligent bike riding refers to any behavior while operating a bicycle that falls short of the expected standard of care. Moreover, there are legal repercussions for careless or dangerous bicycle riding. When you ride a bicycle carelessly, you put other people’s lives or your own in danger.
2. Drink riding. Just like drink driving, it is also a major offense to ride when intoxicated because this state significantly impairs your judgment and reaction. Thus, if a judge finds that you are drink riding, you could face fines or perhaps jail time.
3. Not wearing helmet. Riding a electric bicycle requires you to wear a approved bicycle helmet that has been certified and is securely fitted and fastened to your head. Moreover, it is mandatory by law for all cyclists of any age to wear a properly fitted helmet when riding on public roads and road-related areas in NSW.

Check this out: Handbook for Bicycle Riders

Let’s Talk About Your Traffic Offence

Feeling overwhelmed and unsure after receiving a traffic ticket or facing a more serious offence? A skilled traffic offence lawyer from JB Solicitors can make a significant difference in the outcome of your case.

We can help you by:

• Providing legal advice on NSW e-bike laws and regulations, ensuring that clients understand their rights and obligations.
• Assisting with defence strategies if clients have been charged with traffic violations related to e-bikes.
• Representing E-Bike riders in court, if necessary, to argue for the dismissal of charges or to minimise penalties.

Reach us through this link.