Residents of NSW face a strange conundrum these days: whether to buy an e-scooter and join the trend or be safe and law-abiding citizens. Because riding an e-scooter in NSW is still illegal, but buying one isn’t! So, you can buy an e-scooter and ride it on private property, but not on public roads or shared paths. It’s surprising because e-scooters are quite popular and legal across other states in Australia. However, despite the legal restrictions, e-scooters remain popular in the state, so much so that the NSW transport authority is now holding trials of shared e-scooters to better manage and regulate their use for public safety. Even Safer Drivers Courses and other programs for driver education in driving school discuss the correct use of e-scooters when talking about the changing transport trends and modern safety. It raises the question: Why are e-scooters illegal in NSW? This post will discuss what the rules actually say, why they’re in place, and what the future looks like for e-scooters in NSW.
What the Law Says
According to current NSW law, e-scooters are not considered the same as bicycles or registered motor vehicles. Hence, you cannot use them legally on public roads, footpaths, or shared pathways. Although using them on private property with the landowner’s permission is allowed. So, if you ride an e-scooter on the street or in a park, you’re breaking the law and can get fined or even have your scooter confiscated. For most learner drivers and new road users taking the Safer Drivers Course, this rule comes as a surprise. That’s why many driving schools like Onroad Driving Education have started highlighting it in their driving lessons to ensure the students know what’s legal and how to be a responsible road user.
Why Are E-Scooters Illegal?
It’s no secret how popular e-scooters are in some other states of Australia, like Queensland, Western Australia, Tasmania, etc. So, why are they banned in NSW? Here are the reasons:
Safety Concerns:
Safety is a big concern in the use of e-scooters as they’re not a stable and controlled as other vehicles. Compared to bikes and other vehicles, e-scooters can accelerate quickly, and they also lack stability and grip on uneven surfaces. So, it’s easy for riders to weave through pedestrians or get too close to other vehicles in traffic without others knowing or anticipating it. It can cause chaos and increase the risk of accidents.
Lack of Regulations:
As mentioned above, currently, there are no consistent regulations regarding the design of the e-scooter, its speed limits, helmet requirements, and insurance coverage. This makes it tough to enforce safety laws and hold the riders accountable.
Unclear Liability:
The liability of damage in case of an e-scooter accident is still very vague. It’s difficult to say who’s responsible if an e-scooter hits a pedestrian or damages property because there are no license or registration systems for e-scooters. In case of accidents, things can get confusing pretty quickly.
Trials and Pilot Programs
However, the NSW government is aware of the popularity of e-scooters among the public. It is trying to resolve the above-mentioned concerns effectively so that users can take their e-scooters out for a spin safely and legally. NSW has been running trial programs in selected areas across the state to understand how e-scooters can work on the roads and shared paths safely. These controlled and closely monitored trials aim to assess the safety, rider behaviour, and the impact of e-scooters on pedestrians, drivers, and other road users. Positive results can bring a shift in the e-scooter laws in NSW.
Comparisons with Other States and Future Prospects
Other states like Queensland and Victoria allow riding e-scooters on the road but with certain rules like wearing helmets, riding on footpaths and roads under 50 km/h, and sticking to the speed limit of 25 km/h or less. Victoria even has some shared scooter schemes in Melbourne. In comparison, NSW has not built any legal frameworks or infrastructure to support the use of e-scooters on the roads. However, there are chances of e-scooters becoming legal in NSW if the trial results are satisfactory. While it may require changes like better infrastructure, legislative updates, and standards for vehicle design, the legalisation of e-scooter use is a big possibility for the future. All road users, and even new drivers currently learning safe driving through driving schools and the Safer Drivers course, should stay updated regarding the latest law updates regarding e-scooters in NSW.
Final Takeaway
E-scooters are a fun and efficient way to get around, but in NSW, they’re still off-limits for public use. The reasons come down to safety, regulation gaps, and lack of infrastructure. But with ongoing trials and rising public interest, the law could change soon.
Until then, stay smart, ride safe (on private property only), and if you’re a learner, consider enrolling in the Free Safer Drivers Course if you’re eligible. Programs like the Safer Drivers Course in Sydney not only teach defensive driving and hazard awareness but also help young drivers understand how all road laws—including those about new transport options—fit into the bigger safety picture.
At Onroad Driving Education, we’re committed to helping drivers stay informed and safe, no matter how the transport landscape evolves.

