23C. Appropriate supervisor’s duties for under-aged riding

Amended

Last amended by an amending law of 2020.

(1)

Subject to this Act, an appropriate supervisor with prescribed qualifications referred to in section 23B(1)(b)(ii) commits an offence if —

(a)

he or she is, by agreement, understanding or other arrangement of any kind with an under‑aged rider, the appropriate supervisor for the purposes of this section or section 23A to escort the under‑aged rider when riding a motorised personal mobility device on a shared path; and

(b)

he or she fails to take, so far as is reasonable and practicable, such measures as are necessary —

(i)

to ensure that the under‑aged rider does not ride in contravention of this Part and Part 3A, and in a manner that is dangerous to people or property; and

(ii)

to carry out any other duties where prescribed in relation to the appropriate supervisor or the motorised personal mobility device.

(2)

Where in any proceedings for an offence under subsection (1), it is alleged that an appropriate supervisor failed to do something so far as is reasonable and practicable in relation to a requirement in subsection (1)(b), it is for the accused to prove, on a balance of probabilities, that —

(a)

it was not reasonable or not practicable to do more than what was in fact done to satisfy that requirement; and

(b)

there was no better practicable means than was in fact used to satisfy that requirement.

(3)

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.

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
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