Clause 7

Subject to subsection (3), an individual commits an offence if the individual rides a motorised personal mobility device on a shared path when he or she is below the prescribed minimum riding age for riding the motorised personal mobility device on the shared path.(2) An individual who is guilty of an offence under subsection (1) shall be liable on conviction —

to a fine not exceeding $1,000 or to imprisonment for a term not exceeding 3 months or to both; but(b)where the individual is a repeat offender, to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 6 months or to both.(3) Subsection (1) does not apply where the individual riding the motorised personal mobility device on a shared path is riding under escort by one or more appropriate supervisors (whether or not a parent or guardian).(4) In this section —“appropriate supervisor”, in relation to an under‑aged rider, means an individual who has attained a minimum supervising age prescribed;“riding under escort”, in relation to an under‑aged rider on a shared path, means —

having by agreement, understanding or other arrangement of any kind for the purposes of this section or section 23C in relation to the under‑aged rider, an appropriate supervisor being on or in the vicinity of the shared path when the under‑aged rider is riding on the shared path; and

riding in such a way that the appropriate supervisor has a clear and unobstructed line of sight of the under‑aged rider when the under‑aged rider is riding on the shared path.(5) Regulations may be made prescribing —“(a)different minimum riding ages for different classes or description of motorised personal mobility devices; and

different minimum supervising ages for different classes or description of motorised personal mobility devices.Facilitating under‑aged riding23B.—

Subject to subsections (3) and (4), a person commits an offence if —

the person invites, allows or facilitates an individual to ride a motorised personal mobility device on a shared path when the individual is below the prescribed minimum riding age for riding the motorised personal mobility device on the shared path;

the person knows that, or is negligent as to whether, both the following circumstances apply:

the individual is below the prescribed minimum riding age for riding the motorised personal mobility device on that shared path;

the individual is not escorted or to be escorted while so riding, by an appropriate supervisor (whether or not a parent or guardian) who has the prescribed qualifications; and

the individual does ride a motorised personal mobility device on a shared path when an under‑aged rider.(2) A person who is guilty of an offence under subsection (1) shall be liable on conviction —

to a fine not exceeding $1,000 or to imprisonment for a term not exceeding 3 months or to both; but(b)where the person is a repeat offender, to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 6 months or to both.(3) In any proceedings for an offence under subsection (1), it is a defence for the accused to prove, on a balance of probabilities, that the accused —

had reasonable grounds to believe and did make reasonable inquiries to ascertain that the individual riding or about to ride a motorised personal mobility device on a shared path was not an under‑aged rider; or

had received from the individual riding or about to ride a motorised personal mobility device on a shared path, evidence purporting to show that that individual was not an under‑aged rider, and that it was reasonable to and the accused did accept that evidence as correct.(4) In this section, “facilitate”, in relation to an individual riding a motorised personal mobility device on a shared path, means any conduct by a person that enables or aids the individual to ride the motorised personal mobility device on a shared path where either the person —

intends that the conduct would enable or aid the individual to ride the motorised personal mobility device on a shared path; or

is reckless as to whether or not the conduct would enable or aid the individual to ride the motorised personal mobility device on a shared path,but excludes mere advertising and selling (but not letting for hire) a motorised personal mobility device.(5) To avoid doubt, subsection (1) does not limit the term “abetment” under the Penal Code (Cap. 224).Appropriate supervisor’s duties for under‑aged riding23C.—

Subject to this Act, an appropriate supervisor with prescribed qualifications referred to in section 23B(1)(b)(ii) commits an offence if —

he or she is, by agreement, understanding or other arrangement of any kind with an under‑aged rider, the appropriate supervisor for the purposes of this section or section 23A to escort the under‑aged rider when riding a motorised personal mobility device on a shared path; and

he or she fails to take, so far as is reasonable and practicable, such measures as are necessary —

to ensure that the under‑aged rider does not ride in contravention of this Part and Part 3A, and in a manner that is dangerous to people or property; and

to carry out any other duties where prescribed in relation to the appropriate supervisor or the motorised personal mobility device.(2) Where in any proceedings for an offence under subsection (1), it is alleged that an appropriate supervisor failed to do something so far as is reasonable and practicable in relation to a requirement in subsection (1)(b), 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.(3) A person who is guilty of an offence under subsection (1) shall be liable on conviction —

to a fine not exceeding $1,000 or to imprisonment for a term not exceeding 3 months or to both; but(b)where the person is a repeat offender, to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 6 months or to both.”.