In forceAmended2020 Revised Edition

Contents

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

36. Presumptions for this Part

Amended

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

(1)

It is presumed, until the contrary is proved, that a person alters (whether in the course of repair or otherwise) any personal mobility device, PAB, bicycle or mobility vehicle so as to render it a non‑compliant personal mobility device, non‑compliant PAB, non‑compliant bicycle or a non‑compliant mobility vehicle (as the case may be) if it is proved —

(a)

that the accused had possession of the personal mobility device, PAB, bicycle or mobility vehicle;

(b)

that the personal mobility device, PAB, bicycle or mobility vehicle (as the case may be) was not a non‑compliant personal mobility device, non‑compliant PAB, non‑compliant bicycle or non‑compliant mobility vehicle, when the accused acquired possession of it; and

(c)

that at the time or soon after the personal mobility device, PAB, bicycle or mobility vehicle (as the case may be) ceased to be in the accused’s possession, the personal mobility device, PAB, bicycle or mobility vehicle is non-compliant.

(2)

If in any proceedings for an offence under this Part it is proved that a person sold, or offered or displayed for sale, more than 4 personal mobility devices, power‑assisted bicycles or bicycles, or mobility vehicles within a 12‑month period to any other person or persons, it is presumed in the absence of evidence to the contrary that the person was selling personal mobility devices, power‑assisted bicycles or bicycles, or mobility vehicles (as the case may be) in the course of business during that period.

(3)

However, nothing in subsection (2) precludes a person who sells, or offers or displays for sale, 4 or fewer personal mobility devices, power‑assisted bicycles or bicycles, or mobility vehicles within a 12‑month period to any other person or persons from being found to be selling such devices or bicycles, or such mobility vehicles (as the case may be) in the course of business.

Terms defined in s 2

bicycle
Defined · s 2
“bicycle” means a vehicle that —(a)has 2 wheels held one behind the other in a frame;(b)is steered by handlebars attached to the front wheel;(c)has pedals; and(d)is built to be propelled solely by human power;
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
non‑compliant bicycle
Defined · s 2
“non‑compliant bicycle” means a bicycle the construction, weight or accessories of which do not comply with the requirements as to construction, weight and accessories prescribed either for all bicycles generally or for the particular type of that bicycle;
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
PAB
Defined · s 2
“power‑assisted bicycle” or “PAB” means a bicycle that —(a)is equipped with an electric motor; and(b)may be propelled by human power or by the electric motor with which it is equipped, or by both;
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
repair
Defined · s 2
“repair” includes examine, detect faults in, adjust, carry out maintenance on, overhaul, replace, alter and paint;
Open s 2

Report

Read on from s 36A

Part 5

Administration and Enforcement

Read on from Part 5

Part 6

Miscellaneous

Read on from Part 6