23D. Unauthorised riding of test-needed-to-drive vehicles

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Amended

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

(1)

An individual commits an offence if the individual —

(a)

drives or rides on a public path a test‑needed‑to‑drive vehicle of a class or description;

(b)

is not granted a competency test certificate from a test authority for that class or description of test‑needed‑to‑drive vehicle certifying that the individual has passed the prescribed test of competence for that class or description of vehicle; and

(c)

is not excluded under subsection (2) and not exempted from this provision under section 66.

(2)

Subsection (1) does not apply to —

(a)

an under-aged rider riding a test‑needed‑to‑drive vehicle of a class or description on a public path; or

(b)

an individual (but not an under-aged rider) riding a test‑needed‑to‑drive vehicle in circumstances prescribed in regulations.

(3)

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

(a)

to a fine not exceeding $2,000 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 $5,000 or to imprisonment for a term not exceeding 12 months or to both.

Terms defined in s 2

competency test certificate
Defined · s 2
“competency test certificate”, for a class or description of test‑needed‑to‑drive vehicle, means a certificate granted under section 23F certifying that an individual has passed the prescribed test of competence for that class or description of test‑needed‑to‑drive vehicle;
Open s 2
prescribed test of competence
Defined · s 2
“prescribed test of competence”, in relation to driving or riding a vehicle on a public path, means a test of subject matter prescribed by regulations to test an individual’s knowledge of safe driving or riding practices and law on public paths, and also on roads where lawful to ride the vehicle on a road;
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
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
test authority
Defined · s 2
“test authority”, for a class or description of test-needed-to-drive vehicle, means an individual designated by the Minister to be a test authority for that class or description of test‑needed‑to‑drive vehicle;
Open s 2
test-needed-to-drive vehicle
Defined · s 2
“test-needed-to-drive vehicle” means a class or description of bicycle, personal mobility device, PAB, mobility vehicle or mechanised sweeper that is prescribed in regulations for the purposes of Division 2A of Part 3;
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
vehicle
Defined · s 2
“vehicle” means any means of conveyance that runs on wheels, other than a train;
Open s 2