20. Excepted use of non‑compliant personal mobility devices, etc.

Amended

Last amended by an amending law of 2026. 3 amendments in all.

(1)

Despite section 19 but without affecting section 18, an individual may ride or drive on a public path that is a footpath or shared path —

(a)

a non‑compliant bicycle of a prescribed model or description;

(b)

a non‑compliant PAB of a prescribed model or description;

(c)

a non‑compliant personal mobility device of a prescribed model or description; or

(d)

a non-compliant mobility vehicle of a prescribed model or description,subject to such conditions as are prescribed in relation to that vehicle.

(2)

Despite section 19 but without affecting section 18, an individual may drive or ride on a public path that is a pedestrian‑only path, a non‑compliant mobility vehicle of a prescribed model or description subject to such conditions as are prescribed in relation to that vehicle.

(2A)

Despite section 19A but without affecting section 18, an individual may use on a public path a non‑compliant non‑motorised wheelchair of a prescribed model or description subject to such conditions as are prescribed in relation to that non‑motorised wheelchair.

(3)

An individual who, when riding, driving or using any vehicle mentioned in subsection (1), (2) or (2A) on a public path that is a pedestrian‑only path, footpath or shared path, fails to comply with the conditions prescribed for the purposes of that subsection and in relation to that vehicle, shall be guilty of an offence and shall be liable on conviction —

(a)

to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 6 months or to both; but(b)where the individual is a repeat offender, to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 12 months or to both.

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
non‑compliant bicycle
Defined · s 2
“non‑compliant bicycle” means a bicycle the construction, weight or accessories of which do not comply with the requirements as to construction, weight and accessories prescribed either for all bicycles generally or for the particular type of that bicycle;
Open s 2
non‑compliant mobility vehicle
Defined · s 2
“non‑compliant mobility vehicle” means a mobility vehicle the construction, weight or accessories of which do not comply with the requirements as to construction, weight and accessories prescribed under this Act either for all mobility vehicles generally or for the particular type of that mobility vehicle;
Open s 2
non‑compliant non‑motorised wheelchair
Defined · s 2
“non‑compliant non‑motorised wheelchair” means a non‑motorised wheelchair the construction, weight or accessories of which do not comply with the requirements as to construction, weight and accessories prescribed under this Act either for all non‑motorised wheelchairs generally or for the particular type of that non‑motorised wheelchair;
Open s 2
non‑compliant personal mobility device
Defined · s 2
“non‑compliant personal mobility device” means a personal mobility device the construction, weight or accessories of which do not comply with the requirements as to construction, weight and accessories prescribed either for all personal mobility devices generally or for the particular type of that personal mobility device;
Open s 2
non-motorised wheelchair
Defined · s 2
“non-motorised wheelchair” means a wheelchair other than a motorised wheelchair;
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
pedestrian‑only path
Defined · s 2
“pedestrian‑only path” means a length or area of path (whether or not contiguous with another path or a road) —(a)provided solely for pedestrians to use; and(b)starting at a pedestrian‑only path marking or a pedestrian‑only path sign, and ending at the nearest of the following:(i)an end‑of pedestrian‑only path marking or an end‑of pedestrian‑only path sign;(ii)a shared path sign or a shared path marking;(iii)a road;(iv)the natural end of the path (which may be a dead end);
Open s 2
public path
Defined · s 2
“public path” means a path or path‑connected open space declared under section 6 as a public path;
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
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
vehicle
Defined · s 2
“vehicle” means any means of conveyance that runs on wheels, other than a train;
Open s 2