23A. Under-aged riding on shared path

Amended

Last amended by an amending law of 2020.

(1)

Subject to subsection (3), an individual commits an offence if the individual rides a motorised personal mobility device on a shared path when he or she is below the prescribed minimum riding age for riding the motorised personal mobility device on the shared path.

(2)

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

(a)

to a fine not exceeding $1,000 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 $2,000 or to imprisonment for a term not exceeding 6 months or to both.

(3)

Subsection (1) does not apply where the individual riding the motorised personal mobility device on a shared path is riding under escort by one or more appropriate supervisors (whether or not a parent or guardian).

(4)

In this section —

“appropriate supervisor”, in relation to an under-aged rider, means an individual who has attained a minimum supervising age prescribed;

“riding under escort”, in relation to an under-aged rider on a shared path, means —

(a)

having by agreement, understanding or other arrangement of any kind for the purposes of this section or section 23C in relation to the under-aged rider, an appropriate supervisor being on or in the vicinity of the shared path when the under‑aged rider is riding on the shared path; and

(b)

riding in such a way that the appropriate supervisor has a clear and unobstructed line of sight of the under‑aged rider when the under‑aged rider is riding on the shared path.

(5)

Regulations may be made prescribing —

(a)

different minimum riding ages for different classes or description of motorised personal mobility devices; and

(b)

different minimum supervising ages for different classes or description of motorised personal mobility devices.

Terms defined in s 2

appropriate supervisor
Defined · s 2
“appropriate supervisor” has the meaning given by section 23A(4);
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
prescribed minimum riding age
Defined · s 2
“prescribed minimum riding age” has the meaning given by section 23A(1);
Open s 2
regulations
Defined · s 2
“regulations” means regulations made under this Act;
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
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
under-aged rider
Defined · s 2
“under-aged rider”, in relation to a motorised PMD, means an individual riding the PMD who is below the prescribed minimum riding age for riding the motorised PMD on a shared path;
Open s 2