Illegal, Unregistered E-Motorbikes Masquerading as E-Bicycles in NSW

I am an avid road, gravel, and MTB cyclist and also E-Bike rider. I have an E-MTB bike which I love to ride on trails, to the shops, to the beach with all my camera gear to shoot surfing and with my border collie Huey on trails. My E-Bike is legal. It does not have a throttle, has a 250-watt motor that only offers pedal assist up to 25 kph when the motor cuts out which is required by the law. I do very much want to see more people riding bikes, including E-Bikes but it should be safe and legal. My very BIG concern is that the E-Motorbike riders who are breaking the law will seriously injure or kill someone because of the speed, power and weight of these bikes and any insurance they might have will be voided because the bike is illegal to ride in public spaces. It also concerns me that if this illegal activity is not managed it will adversely affect all E-Bike riders not just those breaking the law on the illegal E-Motorbikes.

You may or may not be aware of the proliferation of E-Motorbikes masquerading as E-Bicycles around Sydney, not just Cronulla, but it has become a plague lately.

These bikes are illegal on public roads, footpaths and bike paths in NSW, according to advice from Transport NSW because their motors exceed the maximum 500-watt limit. Because of this they are NOTexempt from the requirement to be registered as a motor vehicle and the requirement to have a motorbike licence to ride them. This includes the Shire in/on public spaces including roads, bike paths, footpaths, parks and in fact in any public space including the beach as these bikes are NOT exempt from the requirement to be registered and are only to be ridden by licensed riders. Therefore, according to Transport NSW advice, these bikes are only legal if they are ridden on private property. Any e-bike with a motor greater than 500-watts, regardles of whether the motor is restricted by software, switches or other means, is not exempt from the requirement for that bike to be registered as a motor vehicle and the rider must be licensed in order for that bike to be ridden on public roads. They cannot be ridden on footpaths and bike paths.

The reason these E-Motorbikes are illegal is because the bikes have 750- or 1000-watt motors. Whilst various distributors claim, in one way or another, that they are street legal because they have had the motors restricted by software to the legal NSW maximum power of 500 watts this does not make them street legal as claimed. I have written advice from Transport NSW that refutes this claim that the bikes are street legal if the motor is restricted to 500-watts or less. Transport NSW advice says that “the continuous rated power is a specification of the motor itself, and therefore it would NOT be legal to use an e-bike on NSW roads (or any public space for that matter) that uses a motor with higher power rating (than the legal 500 watt limit) even if it is limited by software, switch or other means”. See Transport NSW Advice HERE.

Whilst it is legal to sell these 750- and 1000-watt bikes for use on private property to think or say they are being bought for this type of private property use only is just disingenuous, foolish or naive and certainly just dishonest. CLICK HERE for Overpowered e-bike FACT SHEET

The advice from Transport NSW refutes claims that this matter is too hard to manage because of the difficulty of knowing whether or not the bikes are legal. Based on Transport NSW advice, 100% of the bikes with 750- or 1000-watt motors that look like motor bikes and weigh 50 kilograms are ALL ILLEGAL regardless of whether the motor has been unlocked or not. To make matters worse the vast majority of the bikes have indeed been unlocked meaning they are using the full power of the motor and the throttle assist to reach speeds often exceeding 50 kph (meaning you can ride at 50 kph without pedalling). When you purchase the bike you are given the unlock code.

Whilst it is legal to have an E-Bike with a throttle it is ILLEGAL in NSW to ride a pedal assisted bicycle above 6 kph using a throttle (pedal assisted e-bikes can have a motor not exceeding 500-watts). Speeds above 6kph MUST be achieved by using the pedals and the pedal assist from the motor must cut out at 25kph. The bike can be ridden at speeds above 25kph, but the higher speed must be achieved by the rider's own effort of pedalling and not from any assistance from the motor. Regardless of category of e-bicycle - the throttle CANNOT be used above 6km/h, to do so is ILLEGAL on any pedal assist e-bike in NSW.

See the NSW E-Bike laws HERE.

The Police have been somewhat passive on enforcement to date due to lack of up to date guidance materiel which has only added to the problem as no riders have been stopped or even cautioned by the Police let alone fined for riding a high powered illegal, unregistered, uninsured E-Motorbike mostly ridden by unlicenced riders. The reason for this appears to be the lack of clarity provided to Police on what constitutes an illegal e-bike. Transport NSW should provide updated guidance materiel to the enforcement authorities (i.e. Police, Dept of Fair Trading etc) making it clear that these bikes with motors greater than 500-watts and with the ability to use a throttle above 6kph are illegal regadless of whether the motor has been restricted by software, switches or other means. See Transport NSW Advice HERE.

Given the proliferation of these E-Motorbikes masquerading as E-Bicycles around the Shire in the last 12 months (and the numbers will be growing rapidly) it is only a matter of time before someone is seriously injured or killed especially with so many young riders who are speeding around on these E-motorbikes at seriously high speeds with no knowledge of the road rules (because they have not taken the test to obtain their Learners permit to drive). In many instances they are carrying at least one and on many occasions, two pillion passengers (a 2nd pillion passenger is illegal as is carrying a child under the age of eight) and often with no helmets (also illegal though as these are E-Motobikes a motorcycle helmet should be worn not a bicycle helmet). I am also perplexed as to why Police are not enforcing the law with respect to riders not wearing helmets.

These E-Motorbikes can reach speeds of 50 kph using a throttle only (i.e. without pedaling). They are not exempt from the requirement to be registered, ( Mopeds shown here require registration), have CTP insurance and also riders must have a motor bike license to ride one. People don't ride unlicensed on unregistered 50cc Mopeds or E-Mopeds (which have a top speed of only 50kph) with push bike helmets or no helmets at all. Riders as young as 10 are riding these powerful and heavy E-Motorbikes. Riders must be at least 16 years and 9 months old to even get a learners permit for a Moped. 

E-Bikes with motors greater than 500-watts are required to be registered in NSW and be ridden by a licenced rider. SEE MOPED DEFINITION AND LAW HERE

Buyers looking for an E-Bike to ride on public streets and paths should ask for a "road legal" model and check for a compliance sticker or plate with the code EN15194 that by law should be on the bike.

I am not sure if the riders or the parents of young riders realise any insurance they have will not cover them for an illegal activity. Most people have home and contents insurance which comes with $20M Public Liability. These insurance policies will not cover an illegal activity. Without insurance cover, if a rider crashes and seriously injures a pedestrian or a pillion passenger they will be personally liable. In the case of child rider, it will be the parents who are liable. They could lose their house in the event of a serious injury to a pedistrian or pillion passenger caused by riding an illegal bike. Also, anyone else that could be drawn in to support a claim will be such as the retailer, the distributor and even Council if it is found that Council are not supervising the riding of illegal E-bikes on Council bike paths and in places such as the Cronulla Mall.

If parents continue ignoring the fact that the e-motorcycles they are letting young children ride around on are illegal and uninsured then at the very least they should not let them carry pillion passengers. As the bikes are illegal and uninsured should their child have an accident that injures pillion passengers they will have no insurance. Without insurance the parents will be personally liable for any injuries to pillion passengers. If the injuries are serious it could cost the parents of the rider in charge of the bike their house. Most people have home contents insurance which has $20M of Public Liability that covers both third party personal injury and property damage anywhere in Australia by any of the home’s occupiers. It will NOT provide cover for the riding of these illegal e-motorcycles. Legal e-bikes are covered. Anyone considering buying an e-bike should ask the retailer for written proof that the e-bike is street legal so that if it subsequently eventuates the bike is not legal you can seek redress from the retailer.

I understand this potential liability in detail as I was on a Government Road Safety Committee for 5 years, a Director of The Motor Accident Commission (Gov CTP insurer) as well as General Manager for a private Public Liability and CTP insurer. (see my background at www.gregmccarthy.com).

Just by way of context if a pillion passenger or pedestrian was to be injured and have a serious acquired brain injury requiring supported care for the rest of their life this would cost around $20-30M. It is highly likely the person injured or their carer, would want to sue the rider for damages and without insurance the rider could lose their house (or their parents could lose their house). In reality, this would cost all of us – the community – as a house would go nowhere near covering the cost some of which would be picked up by the NDIS which we all have to pay for. If the NDIS was providing financial support they would also seek to recover from the negligent rider of the bike. As already stated the lawyers will want to draw as many as possible into the action to ensure adequate compensation can be recovered for the injured party.

These illegal unregistered, uninsured motor bikes will also expose the NSW CTP Nominal Defendant, and again put rider’s, or their parent's, homes at risk when someone is seriously injured or killed. The Nominal Defendant provides personal injury cover under the NSW CTP scheme if someone is injured by an unregistered/uninsured motor vehicle. The Nominal Defendant would pay the claim then seek to recover from the uninsured party. This risk is only going to grow as more and more of these bikes are sold without proper regulatory and enforcement oversight.

Ensuring the legal requirements of riding E-Bikes are policed would limit accidents if the bikes are being ridden at a sensible legal speed and are legal to be ridden on a public place which is the purpose of the law as it currently stands. It would also significantly reduce the likely hood of a serious accident occurring and the subsequent trauma and financial impact that would eventuate.

If the E-Bikes, pictured on the left, have motors greater than 500-watts they do have a place on our NSW roads but not as bicycles. As the Transport for NSW Registration and Licencing Regulations currently stand it is not as a bicycle but as a registered small motorcycle (a Moped - SEE MOPED DETAILS HERE) requiring a motorbike licence to ride one. In NSW you must be 16 years and 9 months old to obtain a learners permit and 17 to obtain a licence to ride a motorcycle. If the motor is greater than 500-watts the bike is required to be registered and ridden by a licenced rider. The bike CANNOT be ridden on footpaths and bike paths regardless of age and most certainly can't be ridden at all if the bike is unregistered (they can be ridden on private property unregistered). The NSW Regulations are very clear, there is no ambiguity. E-Bikes with motors greater than 500-watts are not exempt from being registered and must be ridden only by a licensed rider even if the more powerful motor has been restricted to 500-watts by software, switches, or other means.

I am perplexed as to why the law is not being enforced. The law is very clear and unambiguous, these bikes with motors greater than 500-watts are illegal if not registered. They are NOT exempt from registration and do require a motorbike licence. The Law is clear and unambiguous and there for good reason. To keep people safe. What is missing is clear guidance material and strict enforcement of the law. Could the E-Bike laws do with some tweaking - sure - but as the law stands at the moment these bikes are NOT exempt from registration or from requiring a motorbike licence to ride them. As such they are currently unregistered and uninsured (no CTP) motorbikes being mainly ridden by unlicensed riders. Therefore, any liability insurance riders may have (e.g. insurance through Bicycle NSW or Public Liability through home contents insurance) will not cover illegal bikes leaving riders personally liable for funding any liability for injuries they cause to pedestrians or pillion passengers. Providing better guidance to Police on what is legal and what is not as well firm direction on enforcement action would be helpful in having the law enforced which will save lives and people from serious injury.

In the case of young children, again I am perplexed as to what parents are thinking to let young people ride these powerful e-motorbikes. I don’t understand what is wrong with normal legal e-bicycles. The legal e-bicycles are exempt from registration and the need for a motorbike licence (which can’t be obtained until 17). What’s more the rider gets some exercise as the bike actually has to be pedalled, can reach speeds of up to 25 k/h with the assistance of the pedal assist motor after which they go faster with the riders own pedal power. 25 k/h is more than enough for suburban streets and bike paths and the bikes can be ridden on footpaths (if 16 and under). Best of all these bikes are about half the price of the bikes pictured above or for around the same price you can get an E-MTB which you can commute on as well as fly along trails. Young riders should not need to use a throttle. If you are using a throttle instead of pedalling it is not a bicycle it is a motorbike which the Transport for NSW law confirms.

It will only be matter of time before a serious event occurs and this becomes more likely as the number of these illegal e-motorbikes grows. This needs to be actively managed. We should not let a serious event be what spurs on action though there are already a large number of serious injuries already appearing in the media.

I am not sure how schools are going to justify allowing school children to ride to and from schools on these illegal E-Motorbikes given the Education Dept's aversion to risk. Schools should be asking students who ride their e-bikes to school to provide evidence that the e-bike is legal before allowing the bike on school grounds.

I know I am not the only one who sees this as an emerging serious problem. The Police tell me they are now receiving many complaints from the public.

Residents have taken this up with Sutherland Shire Council and the local Police. Council have indicated that they will soon commence an education programme and are asking Police to take stronger enforcement action. Council has limited powers to act in their own right and are reliant on the Police for support and enforcement. Their education programme is a good first step. Mark Speakman, the local member, has in early February met with a delegation from the large number of concerned residents. He has written to Council and the Police. He has also written to Transport NSW, Dept of Fair Trading, and the Education Dept.

This is also a matter for the ACCC and the Department of Fair Trading as some distributers are falsely asserting to customers that the bikes are street legal because the 750- or 1000-watt motor is restricted to 500-watts by software or switches, etc. Transport NSW says this does not make them legal. Customers could be entitled to a refund if the product has been misrepresented as fit for the purpose the customer is purchasing the product for.

Many bike shops won’t sell the bikes because they believe they are illegal (which the 750- and 1000- watt bikes are according to Transport NSW advice and require motor traders license to sell as they are to be sold with motorcycle registration), built with cheap inferior running gear and are dangerous. The legitimate bike industry is also perplexed as to why the sale of these illegal bikes is allowed to proliferate making out these E-motorbikes are bicycles when clearly THEY ARE NOT.