23I. Driving or riding mobility vehicles without certificate of medical need

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Amended

Last amended by an amending law of 2026.

(1)

An individual commits an offence if the individual —

(a)

drives or rides on a public path a mobility vehicle of a prescribed class or description;

(b)

is not granted a valid certificate of medical need from a specified assessor for that class or description of mobility vehicle certifying that the individual has a medical need to drive or ride that class or description of mobility 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 an individual driving or riding a mobility 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

certificate of medical need
Defined · s 2
“certificate of medical need”, for a class or description of mobility vehicle, means a certificate granted under section 23K certifying that an individual has a medical need to drive or ride that class or description of mobility vehicle;
Open s 2
driving
Defined · s 2
“driving” includes a reference to riding;
Open s 2
mobility vehicle
Defined · s 2
“mobility vehicle” means —(a)a mobility scooter;(b)a motorised wheelchair; or(c)any other motor vehicle designed to carry an individual who is unable to walk or has difficulty in walking and prescribed for the purpose of this definition;
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
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
specified assessor
Defined · s 2
“specified assessor” means a person prescribed as a specified assessor;
Open s 2