In forceAmended2020 Revised Edition

Contents

Active Mobility Act 2017 · 2020 Revised Edition · Part 4 · Dealing in Personal Mobility Devices, Etc.

30. Ban on display of non‑compliant personal mobility devices, etc.

Amended

Last amended by an amending law of 2026. 3 amendments in all.

(1)

Subject to this Act, a person who is, in the course of business, selling, or offering or exposing for sale, by retail, any personal mobility device or mobility vehicle on any premises or place, must not display or cause to be displayed any non‑compliant personal mobility device, non‑compliant mobility vehicle, unregistered registrable mobility vehicle or uncertified vehicle on the premises or place —

(a)

when so selling, or offering or exposing for sale any personal mobility device or mobility vehicle; and

(b)

knowing that, or reckless as to whether, it is non‑compliant, unregistered or uncertified, as the case may be.

(2)

Subject to this Act, a person who is, in the course of business, selling, or offering or exposing for sale, by retail, any personal mobility device or mobility vehicle on any premises, must ensure that no customer or member of the public can see any non‑compliant personal mobility device, non-compliant mobility vehicle, unregistered registrable mobility vehicle or uncertified vehicle from inside or outside the premises.

(3)

This section does not apply to the display of non‑compliant personal mobility devices, non‑compliant mobility vehicles, unregistered registrable mobility vehicles or uncertified vehicles on any premises or place —

(a)

to a customer of the business concerned at the customer’s request; (b)by a customer of the business concerned; or

(c)

in such other circumstances as may be prescribed.

(4)

A person who contravenes subsection (1) or (2) shall be guilty of an offence and shall be liable on conviction —

(a)

where the person is an individual —

(i)

to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both; but(ii)where the individual is a repeat offender, to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 24 months or to both; or

(b)

in any other case —

(i)

to a fine not exceeding $20,000; but(ii)where the person is a repeat offender, to a fine not exceeding $40,000.

(5)

In relation to an offence under subsection (4), “repeat offender” 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, 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, of —

(i)

the same offence; or

(ii)

an offence under subsection (4) as in force immediately before 3 April 2020.

Terms defined in 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
non‑compliant mobility vehicle
Defined · s 2
“non‑compliant mobility vehicle” means a mobility vehicle the construction, weight or accessories of which do not comply with the requirements as to construction, weight and accessories prescribed under this Act either for all mobility vehicles generally or for the particular type of that mobility vehicle;
Open s 2
non‑compliant personal mobility device
Defined · s 2
“non‑compliant personal mobility device” means a personal mobility device the construction, weight or accessories of which do not comply with the requirements as to construction, weight and accessories prescribed either for all personal mobility devices generally or for the particular type of that personal mobility device;
Open s 2
personal mobility device
Defined · s 2
“personal mobility device” or “PMD” means a wheeled vehicle that —(a)is built to transport people only (with or without carry‑on baggage); and(b)is propelled by an electric motor attached to the vehicle or by human power or both,and includes a skateboard, but does not include a bicycle, power‑assisted bicycle, motor car, mobility vehicle, non-motorised wheelchair, pram, stroller or trolley, inline skates, roller‑skates or a wheeled toy, and such other vehicle as the Minister may, by order in the Gazette, exclude from this definition;
Open s 2
premises
Defined · s 2
“premises” means a building or structure (whether permanent or temporary) or part of a building or structure;
Open s 2
registrable mobility vehicle
Defined · s 2
“registrable mobility vehicle” means a mobility vehicle of the description prescribed by the Minister by order in the Gazette;
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
uncertified vehicle
Defined · s 2
“uncertified vehicle” means a bicycle, personal mobility device or mobility vehicle which does not have in force a certificate issued under section 35C where an inspection or periodic inspections of the vehicle is required under section 35A;
Open s 2
unregistered
Defined · s 2
“unregistered”, in relation to a registrable personal mobility device or registrable mobility vehicle, means a registrable personal mobility device or registrable mobility vehicle —(a)that is not registered under Part 3A or 3B; or(b)the registration of which is cancelled under that Part;
Open s 2

Report

Read on from s 31

Part 5

Administration and Enforcement

Read on from Part 5

Part 6

Miscellaneous

Read on from Part 6