16. No riding of PABs, etc., on footpaths

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Amended

Last amended by an amending law of 2026. 2 amendments in all.

(1)

Subject to this Act, an individual must not —

(a)

ride a PAB or a motorised personal mobility device on a footpath; or (b)drive on a footpath a motor vehicle that is not a mobility vehicle.

(2)

However, subsection (1) does not apply to an individual who is riding a PAB or a motorised personal mobility device on a footpath —

(a)

if the individual —

(i)

is crossing the footpath by the shortest safe route; and

(ii)

does not stay on the footpath longer than necessary to cross it safely; or

(b)

if —

(i)

there is an obstruction on a road or shared path adjacent to the footpath (called an adjacent area);

(ii)

it is impracticable to travel on the adjacent area; and

(iii)

the individual travels no more than reasonably necessary along the footpath to avoid the obstruction.

(3)

Subsection (1) also does not apply to an individual who is driving a mechanised sweeper on a footpath in the course of his or her employment, which is to sweep or otherwise clean sidewalks or paths.

(4)

An individual who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction —

(a)

to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 3 months or to both; but(b)where the individual is a repeat offender, to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 6 months or to both.

(5)

In relation to an offence under subsection (4), “repeat offender” means an individual who —

(a)

is convicted, or found guilty, of such an offence (called the current offence); and

(b)

has been convicted or found guilty, on at least one other earlier occasion within the period of 5 years immediately before the date on which the individual is convicted or found guilty of the current offence, of —

(i)

the same offence; or

(ii)

an offence under subsection (4) as in force immediately before 3 April 2020.

Terms defined in s 2

driving
Defined · s 2
“driving” includes a reference to riding;
Open s 2
footpath
Defined · s 2
“footpath” means a length or area of path (whether or not contiguous with another path or a road) provided for pedestrians to use, or individuals to ride a bicycle or non‑motorised personal mobility device on, and ending at the nearest of the following:(a)a pedestrian‑only path sign or pedestrian‑only path marking;(b)a shared path sign or shared path marking;(c)a road;(d)the natural end of the path (which may be a dead end);
Open s 2
mechanised sweeper
Defined · s 2
“mechanised sweeper” means a motor vehicle that —(a)is designed or adapted for the purpose of sweeping or cleansing paths, the collection or disposal of refuse on paths or of the contents of gullies on paths; and(b)is incapable by reason of its construction of driving itself and of reaching a prescribed speed on the level under its own power;
Open s 2
mobility vehicle
Defined · s 2
“mobility vehicle” means —(a)a mobility scooter;(b)a motorised wheelchair; or(c)any other motor vehicle designed to carry an individual who is unable to walk or has difficulty in walking and prescribed for the purpose of this definition;
Open s 2
motor vehicle
Defined · s 2
“motor vehicle” includes —(a)an automatic detection device that has wheels, a motor and is constructed to drive itself;(b)a robotic machine designed to move and operate independently of human control when the computer that controls it is programmed; or(c)a motor vehicle that is constructed to drive itself,but excludes a wheeled toy or model car that can be remotely operated;
Open s 2
motorised personal mobility device
Defined · s 2
“motorised personal mobility device” or “motorised PMD” means a personal mobility device other than a non‑motorised personal mobility device;
Open s 2
PAB
Defined · s 2
“power‑assisted bicycle” or “PAB” means a bicycle that —(a)is equipped with an electric motor; and(b)may be propelled by human power or by the electric motor with which it is equipped, or by both;
Open s 2
repeat offender
Defined · s 2
“repeat offender”, in relation to any offence under this Act, means a person who —(a)is convicted, or found guilty, of such an offence (called the current offence); and(b)has been convicted or found guilty of the same offence on at least one other earlier occasion within the period of 5 years immediately before the date on which the person is convicted or found guilty of the current offence;
Open s 2
ride
Defined · s 2
“ride”, in relation to a bicycle, PAB, personal mobility device or mobility vehicle, means to travel in or on the bicycle, PAB, personal mobility device or mobility vehicle;
Open s 2
riding
Defined · s 2
“ride” or “riding”, only in relation to a motor vehicle that drives itself, means —(a)cause or causing the vehicle to operate and move; or(b)initiate or initiating the operation and movement of the vehicle without the need for anyone to operate or permit the operation of systems that cause the vehicle to move;
Open s 2
road
Defined · s 2
“road” has the meaning given by the Road Traffic Act 1961;
Open s 2
shared path
Defined · s 2
“shared path” means a length or area of path provided for use by both riders and pedestrians, starting at a shared path sign or shared path marking, and ending at the nearest of the following:(a)an end‑of shared path sign or an end‑of shared path marking;(b)a pedestrian‑only path sign or a pedestrian‑only path marking;(c)a road;(d)the natural end of the path (which may be a dead end);
Open s 2