Getting Charged with Drink Driving on an E-Scooter or E-bike
Despite it seeming like an easier way home after a night out, there are significant laws in place regarding drink driving on an e-scooter or e-bike. Although the law does not class this in the same league as drink driving a vehicle, there are similarities. It is important to understand the potential consequences should you be found operating an e-scooter or e-bike whilst under the influence.
What the Law Says
Operation of an e-scooter or e-bike while under the influence is governed under section 79 (7) of the Transport Operations (Road Use Management) Act 1995 which states:
(7) Offence of driving etc. animals and other things while under the influence
Any person who, while under the influence of liquor or a drug, drives or is in charge of any horse or other animal on a road, or drives or is in charge of any vehicle (other than a motor vehicle) on a road, or attempts to put in motion any vehicle (other than a motor vehicle) on a road, is guilty of an offence.
Maximum penalty—40 penalty units or 9 months imprisonment.
Notably, there are no minimum disqualification periods for this particular kind of offending as this is not the same section of law relevant to drink driving a motor vehicle.
What if I am Stopped by Police?
It is unlawful for Police to stop you for an RBT while on an e-scooter or e-bike. Before Police may test you for alcohol or drug use, they must form reasonable suspicion that you are under the influence. If Police form reasonable suspicion that you are under the influence, Police must then escort you back to the Police Station to conduct tests. It is important that you cooperate with Police and follow any lawful directions given to you.
Should you be found under the influence of alcohol, the same legal limits apply as driving a vehicle and you may be charged under section 79(7).
The Fundamental Rules of E-Scooters/Bikes
- You must always wear a helmet when riding electric motorised standing kick scooters;
- Be at least 18 years of age;
- Abide by all traffic laws;
- Do not text/call and ride; and
- Do not be under the influence of alcohol, controlled substances, drugs or any ability-impairing substance.
How can we help?
If you have been charged with a traffic offence it is important to seek legal advice to ensure you understand your rights and the possible outcome in Court.
If you or someone you know has been charged, contact our experienced solicitors here at Greenhalgh Pickard to discuss your options.
Disclaimer:
The information contained in this article is for general informational purposes only and is not intended to provide legal advice or substitute for the advice of a professional. This information does not consider your personal circumstances and may not reflect the most current legal developments. Should you need advice, please contact our firm for targeted information relating to personal your situation.
