23B. Facilitating under-aged riding

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Amended

Last amended by an amending law of 2020.

(1)

Subject to subsections (3) and (4), a person commits an offence if —

(a)

the person invites, allows or facilitates an individual to ride a motorised personal mobility device on a shared path when the individual is below the prescribed minimum riding age for riding the motorised personal mobility device on the shared path;

(b)

the person knows that, or is negligent as to whether, both the following circumstances apply:

(i)

the individual is below the prescribed minimum riding age for riding the motorised personal mobility device on that shared path;

(ii)

the individual is not escorted or to be escorted while so riding, by an appropriate supervisor (whether or not a parent or guardian) who has the prescribed qualifications; and

(c)

the individual does ride a motorised personal mobility device on a shared path when an under‑aged rider.

(2)

A person 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 person 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)

In any proceedings for an offence under subsection (1), it is a defence for the accused to prove, on a balance of probabilities, that the accused —

(a)

had reasonable grounds to believe and did make reasonable inquiries to ascertain that the individual riding or about to ride a motorised personal mobility device on a shared path was not an under‑aged rider; or

(b)

had received from the individual riding or about to ride a motorised personal mobility device on a shared path, evidence purporting to show that that individual was not an under‑aged rider, and that it was reasonable to and the accused did accept that evidence as correct.

(4)

In this section, “facilitate”, in relation to an individual riding a motorised personal mobility device on a shared path, means any conduct by a person that enables or aids the individual to ride the motorised personal mobility device on a shared path where either the person —

(a)

intends that the conduct would enable or aid the individual to ride the motorised personal mobility device on a shared path; or

(b)

is reckless as to whether or not the conduct would enable or aid the individual to ride the motorised personal mobility device on a shared path,but excludes mere advertising and selling (but not letting for hire) a motorised personal mobility device.

(5)

To avoid doubt, subsection (1) does not limit the term “abetment” under the Penal Code 1871.

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
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
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