Barriers to the safe use of innovative vehicles and motorised mobility devices January 2019

Issues paper Report outline

Title Barriers to the safe use of innovative vehicles and mobility devices

Type of report Issues paper

Purpose The purpose of this paper is to engage the Australian public to understand the extent to which there are regulatory barriers to the safe use of innovative vehicles and motorised mobility devices (MMDs).

Abstract In May 2018, the Transport and Infrastructure Council (the Council) directed the National Transport Commission (NTC) to review the Australian Road Rules (ARRs) and highlight any regulatory barriers to the safe use of innovative vehicles and motorised mobility devices across Australia.

Submission Submissions will be accepted until Thursday 28 February 2019 details online at www.ntc.gov.au or by mail to: Attn: Anthony Pepi Productivity and Safety Team National Transport Commission Level 3/600 Bourke Street Melbourne VIC 3000

Key words Innovative vehicles, personal electric transport devices, motorised mobility devices, barriers, road safety, electric scooters, motorised wheelchairs

Contact National Transport Commission Level 3/600 Bourke Street Melbourne VIC 3000 Ph: (03) 9236 5000 Email: [email protected] www.ntc.gov.au

Barriers to the safe use of innovative vehicles and motorised mobility devices – January 2019 ii Contents

Report outline ii Purpose 1 Executive summary 2 Context 2 The problem 2 Issues 3 1 Context 5 1.1 Project objectives and desired outcome 5 1.2 Process and proposed time frame 6 1.3 Consultation 7 2 The problem 9 2.1 Exploration of innovative vehicles and motorised mobility devices 9 2.2 Why is the NTC undertaking this project 10 2.3 What are innovative vehicles? 11 2.4 What are motorised mobility devices? 12 2.5 Current regulatory framework 13 2.5.1 The Motor Vehicle Standards Act 1989 14 2.5.2 The Road Vehicle Standards Act 2018 14 2.5.3 The Australian Light Vehicle Standards Rules 2015 14 2.5.4 The Australian Road Rules 15 2.6 Queensland regulation of personal mobility devices 15 2.7 International regulation of innovative vehicles and motorised mobility devices 15 2.7.1 Innovative vehicles 16 2.7.2 Motorised mobility devices 16 2.8 Previous research undertaken on innovative vehicles and motorised mobility devices 17 2.8.1 The Australian Competition and Consumer Commission 17 2.8.2 Nationally-consistent approach to the use of motorised mobility devices 18 2.8.3 NSW Parliament Inquiry – Report on non-registered motorised vehicles 20 2.8.4 Senate Inquiry: Rural and Regional Affairs and Transport References Committee – Need for regulation of mobility scooters, also known as motorised wheelchairs 21 3 Analysis of issues – Innovative vehicles 22 3.1 Risk of conflict between different road users due to the increased use of innovative vehicles 22 3.2 The use of innovative vehicles is illegal in most jurisdictions 24 3.3 A lack of national consistency could create confusion 28 3.4 Limited understanding of the safety risks associated with innovative vehicles 29 4 Analysis of issues – Motorised mobility devices 31 4.1 The Australian Road Rules do not provide for the legal use of many motorised mobility devices that are available today 31 4.2 Current motorised mobility device classifications in the Australian Road Rules are not clear 33

Barriers to the safe use of innovative vehicles and motorised mobility devices – January 2019 iii 4.3 Some motorised mobility devices may not be compatible with public spaces and transport infrastructure 35 4.4 Limited understanding of the safety risks associated with motorised mobility device use 36 Glossary 37 References 38

List of tables

Table 1. Innovative vehicles that are not road vehicles for the purposes of the Motor Vehicle Standards Act 1989 25 Table 2. Australian Road Rules definitions 26 List of figures

Figure 1. Project time frame 6

Barriers to the safe use of innovative vehicles and motorised mobility devices – January 2019 iv

Purpose

The purpose of this issues paper is to investigate the extent to which regulatory barriers exist in the Australian Road Rules (ARRs) and other relevant legislation that may inhibit the safe use of innovative vehicles and motorised mobility devices (MMDs). The paper: ▪ seeks to reach a complete and common understanding of the problem ▪ reviews the current Australian Road Rules and other relevant legislation that affect the ARRs regarding the safe use of innovative vehicles and motorised mobility devices ▪ recognises recent work completed by various parties relating to the use and safety of motorised mobility devices, and ▪ identifies and provides an analysis of the key issues to consider as part of the project, prior to developing potential solutions. We are also seeking your feedback (and any relevant data and evidence) to ensure all key issues have been identified and captured.

Barriers to the safe use of innovative vehicles and motorised mobility devices – January 2019

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Executive summary

Context In May 2018, the Transport and Infrastructure Council (the Council) directed the National Transport Commission (NTC) to review the Australian Road Rules (ARRs) to identify regulatory barriers that are preventing the safe and legal use of innovative vehicles such as electric , scooters, , and motorised mobility devices (MMDs) such as motorised wheelchairs and mobility scooters. This project seeks to investigate, identify and understand any barriers that may inhibit the safe use of innovative vehicles and motorised mobility devices. Once identified, a nationally- consistent approach to address the barriers will be developed. The project aims to provide rules that encourage safe and easy access for all innovative vehicles and motorised mobility devices to Australian roads and road-related areas. Chapter 1 details the project objectives, the desired outcome, process and proposed timeframes. The NTC process will be consultative and transparent. The key deliverables and milestones are outlined in the diagram below.

The problem The current regulatory framework regarding the use of innovative vehicles and motorised mobility devices is outdated and does not accommodate the safe use of these devices. The design and capacity of the road system to cater for a diverse range of vehicles in Australia is increasingly being tested with additional demand for access by new categories of vehicles (Staysafe, 2014). The framework, as described in section 2.4, predates the general availability of innovative vehicles and motorised mobility devices, and is based largely on the three main types of available passenger vehicles – cars, motorcycles and .

Barriers to the safe use of innovative vehicles and motorised mobility devices – January 2019

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The result is a highly prescriptive set of ad-hoc road rules relating to cars, motorcycles and bicycles that have been developed over the years to address particular issues as they have arisen. The use of innovative vehicles and motorised mobility devices results partly from demand by commuters for alternative forms of travel in response to increasing transport costs and increasing commute times caused by congestion. This use reflects a growing emphasis on enabling people of all ages and abilities with the freedom to remain mobile and retain their independence and connections with the community. However, the increasing use of innovative vehicles and motorised mobility devices impacts other vulnerable road and road- related area users, as well as the device users themselves (Staysafe, 2014). Stakeholders are invited to consider the questions listed in this paper and to provide feedback (and any relevant data and evidence) to ensure we have identified the relevant barriers to the safe use of innovative vehicles and motorised mobility devices to inform our inv