Clause 25

Every —

licensee or class licensee under the Shared Mobility Enterprises (Control and Licensing) Act 2020 who makes available for hire by any individual any bicycle, personal mobility device, power‑assisted bicycle, motorised wheelchair or mobility scooter to drive or ride wholly or partly on any public path; or

person who, in the course of a prescribed business —

provides any bicycle, personal mobility device, power‑assisted bicycle, motorised wheelchair or mobility scooter for hire or use by an individual who —

is the person’s employee or outworker; and

drives or rides on any public path in the performance of duties in the course of employment or under an outwork arrangement with that person; or

engages an individual under a contract of employment or an outwork arrangement to perform duties or carry out work involving driving or riding on any public path any bicycle, personal mobility device, power‑assisted bicycle, motorised wheelchair or mobility scooter owned or provided by the individual,must take all reasonable and practicable measures to ensure that the individual is insured and maintains insurance for a prescribed minimum amount under one or more approved policies with an insurer within the meaning of the Insurance Act (Cap. 142) against third‑party liabilities for death or personal injury which the individual may incur with respect to driving or riding the bicycle, personal mobility device, power‑assisted bicycle, motorised wheelchair or mobility scooter (as the case may be) on public paths during the hiring from the licensee or class licensee or the individual’s employment or outwork arrangement with that person, as the case may be.(2) A person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction —

where the person is an individual — to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both; or

in any other case — to a fine not exceeding $20,000.(3) Where in any proceedings for an offence under subsection (1), it is alleged that a person failed to do something so far as is reasonable and practicable in relation to a requirement in that subsection, it is for the accused to prove, on a balance of probabilities, that —

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

there was no better practicable means than was in fact used to satisfy that requirement.(4) In this section —“approved policy” means a policy of insurance not subject to any conditions, exclusions or exceptions prohibited by regulations;“outwork arrangement” means a contract, an agreement, understanding or other arrangement of any kind (whether written or unwritten) with a contractor —

under which an individual (whether or not in the course of business or providing other services) performs work contracted to be performed under that contract, agreement, understanding or other arrangement for the contractor; and

that is not a contract of employment;“outworker” means an individual who performs work under an outwork arrangement.Court may order undergoing course58B.—

Where —

an individual (called in this section the offender), is convicted of an offence in Division 2 or 2A of Part 3;

at the time of the commission of the offence, the offender was the driver of a motorised wheelchair or a mechanised sweeper, or the rider of a bicycle, personal mobility device, PAB or mobility scooter; and

the court convicting the offender of the offence is, having regard to the circumstances of the commission of the offence and the character and conduct of the offender, of the opinion that to prevent another commission of an offence under Part 3, the offender should undergo training on safe driving or riding on public paths,the court may, in addition to imposing on the offender the punishment provided for the offence under this Act, make an order requiring him or her to attend and complete, at the offender’s own expense, a course designed to increase knowledge of, and to encourage, safe driving and riding behaviour on public paths as the court specifies.(2) An offender may appeal against an order of a court under subsection (1) in the same manner as against a conviction, and the court may if it thinks fit, pending the appeal, suspend the operation of the order.Immaterial that more than one offence committed58C. To avoid doubt, in any proceedings for an offence under any provision in Division 2 or 2A of Part 3 or Part 3A involving an accused driving or riding on a public path, it is immaterial that the accused is riding or driving —

a class or description of vehicle the riding of which on that public path is otherwise unlawful under any other provision in Part 3; and

in a manner that also constitutes an offence under any other provision in Part 3 or 3A.”.