(photo) Local Gawler South Australians (Paul Barnet riding) gather on private property because they need the approval of a politician before they can go on a public road)
The High Court of Australia has said repeatedly that the starting point for the rights of Australian citizens is the right to do anything a person can conceive of doing – subject to lawful government regulation.
So, I have a right to use public roads and places, as do you – subject to the law. And I have a right to use an electric skateboard or scooter, as do you – subject to the law.
The law in South Australia is that I am not permitted to ride such a light vehicle on a public road without the permission of a politician. The Minister for Transport.
161A— (Road Traffic Act 1961) (1) A person must not drive a light vehicle [electric scooter or skateboard and similar] on or over a road without the approval of the Minister.
The Minster may grant an approval to drive a light vehicle on a road with such conditions as the Minister thinks fit. S161(2).
Does anyone else think it is outrageous and quite possibly un-constitutional to regulate my rights according to the whim of a politician rather than by a law of the Parliament. This intrusion on my right by decree is made all the worse by the Adelaide Council’s advise that permitting me to exercise my rights
“could damage the viability of commercial operators”
(advt 27/10/2020) https://www.adelaidenow.com.au/news/south-australia/adelaide-city-council-seeks-changes-to-laws-prohibiting-public-use-of-personal-escooters/news-story/0c93351db5362cf2fb5804f94bcfb5af
I have now applied to the Minister Corey Wingard to seek his approval for me to exercise my right to ride a light vehicle on roads pursuant to Section 161(2).
(Photo below is in Gawler South Australia. local businessman Michael Jacob who sells electric scooters. on Private Property showing one off to Paul Barnett,(riding scooter) Milton Vadoulis (riding skateboard) and Steve Salisbury. The electric skateboard is the mine. Manufactured in Queensland (Evolve) and exported around the world but unlawful to use on a public road in SA without a particular ministerial approval)
the Minister for
Infrastructure and Transport
Recreation, Sport and Racing
South Australia.
[email protected]
Dear Sir,
Pursuant to your Ministerial Power under Section 161A of the Road Traffic Act 1961, I request your approval for me to drive a light vehicle on a road.
For convenience I have attached S161A of the Road Traffic Act which grants the power of Ministerial Approval to you, together with the relevant regulations.
The Minster may grant an approval to drive a light vehicle on a road with such conditions as the Minister thinks fit. S161(2).
May I respectfully suggest a draft format.
DRAFT
MINISTERIAL APPROVAL
Pursuant to Section 161A of the Road Traffic Act I, Corey Wingard, Minister for Infrastructure and Transport, Recreation Sport and Racing grant approval to John William Bolton of 1 Warren Street, Gawler East, in the State of South Australia, to ride a light vehicle namely an electric skateboard with brakes on roads in the State of South Australia subject to all Road Traffic Laws, Rules and Regulations and restrictions as may otherwise be in affect.
Corey Wingard
Minister for Infrastructure and Transport, Recreation Sport and Racing.
Background
I have owned and ridden an electric skate board for 3 years. My board is made in Australia by Evolve. It is a two wheel drive with reverse polarity electric brakes on both drive wheels. It has a top speed of something like 40 kmh depending on terrain and battery charge, though I rarely reach or exceed 35 kmh even in open clear areas. Most often I might cruise at about 20kmh or fast cruise at about 26 or 27 kmh. But in built up or busy traffic areas it is common to ride at walking or jogging speed or less.
For the last few years I have been using the board in Queensland where I have regularly stayed temporarily for long periods to care for elderly parents who are now deceased.
I have e-boarded around Federal Parliament House Canberra. Lake Burley Griffin. Sydney Harbor and the Bridge. Brisbane City. Gold Coast and Sunshine Coast. Townsville and Cairns and other tourist places. It is a great way to see the sights. It is relatively pollution free, healthy, keeps me fit and is enjoyable.
Yet still it is illegal in South Australia.
On 31st October 2020 there will be around 80 electric skateboarders meeting on the Gold Coast for an evening Halloween ride. Like they did last year and like the group does about once a month.
All Perfectly legal, they self regulate, and in my experience only ever get the odd scratch or scrape between them.
They ride, as I do, according to the conditions. This means I do not ride at all on crowded boardwalks such as the Sunshine Coast on a weekend. I stop and walk across intersections. I go slowly past pedestrians in joint use areas and speak to them as I approach from behind to overtake so that they are not startled. In Queensland I am classed as a pedestrian with a toy and like all pedestrians I am self insured.
There is simply no need to regulate my use in public areas other than by the ordinary rules and laws of the road. I note that cyclists also have no speed limit and are also required to self regulate according to Traffic Laws.
Politically may I suggest it would be good for a liberal government to show that it is considering reducing regulation. That is supposed to be a point of difference to a labor government.
I could be a trial. A test case. I am highly confident that I will be able to continue ride according to law and not come to any traffic authorities attention, nor be the subject of any pedestrian or other road users complaint - indeed that is my track record when riding interstate.
I look forward to your response.
John Bolton,
Barrister, Solicitor, Public Notary.
ROAD TRAFFIC ACT 1961 - SECT 161A
ROAD TRAFFIC ACT 1961 - SECT 161A
161A—Driving of certain light vehicles subject to Ministerial approval
(1) A person must not drive a light vehicle to which this section applies on or over a road without the approval of the Minister.
(2) An approval under subsection (1) is subject to such conditions (if any) as the Minister thinks fit and specifies in the instrument or notice of approval.
(3) This section applies to--
(a) air cushioned vehicles; and
(b) any other vehicle of a class declared by regulation to be a class of vehicles to which this section applies.
ROAD TRAFFIC (ROAD RULES--ANCILLARY AND MISCELLANEOUS PROVISIONS) REGULATIONS 2014 - REG 66A66A—Wheeled recreational device
Despite anything in the definition of "wheeled recreational device in the dictionary at the end of the Rules, for the purposes of that definition and the Rules (apart from rule 287 (Duties of a driver involved in a crash) and rule 300 (Use of mobile phones))--
(a) an electric personal transporter is a wheeled recreational device; and
(b) a reference in the Rules to "rollerblades, rollerskates or a similar wheeled recreational device" will be taken to include a reference to an electric personal transporter.
Note--
It is an offence to drive an electric personal transporter on a road without the approval of the Minister—see section 161A of the Act and regulation 48 of the Road Traffic (Miscellaneous) Regulations 2014 .
ROAD TRAFFIC (MISCELLANEOUS) REGULATIONS 2014 - REG 48ROAD TRAFFIC (MISCELLANEOUS) REGULATIONS 2014 - REG 4848—Light vehicles that are not to be driven without Ministerial approval (section 161A of Act)
The following are declared to be classes of vehicles to which section 161A of the Act applies:
(a) wind-powered light vehicles commonly known as land yachts;
(b) bicycles that have an auxiliary motor comprised (in whole or in part) of an internal combustion engine;
(c) electric personal transporters.
ROAD TRAFFIC (MISCELLANEOUS) REGULATIONS 2014 - REG 64AROAD TRAFFIC (MISCELLANEOUS) REGULATIONS 2014 - REG 64A64A—Electric personal transporters
(1) An electric personal transporter or the driver, owner, operator or manufacturer of an electric personal transporter (as the case requires) is exempt from--
(a) section 45 of the Act; and
(b) the provisions of Parts 3A, 4 (Divisions 1 to 4, inclusive) and 4A of the Act; and
(c) regulation 54 of these regulations,
insofar as those provisions are applicable to such a vehicle or person.
(2) In this regulation--
"electric personal transporter" means a vehicle that--
(a) has 1 or more wheels; and
(b) is propelled by 1 or more electric motors; and
(c) is designed for use by a single person only; and
(d) has an effective stopping system controlled by using brakes, gears or motor control; and
(e) is not more than--
(i) 1 250mm in length, 700mm in width and 1 350mm in height; or
(ii) 700mm in length, 1 250mm in width and 1 350mm in height; and
(f) weighs 60 kilograms or less when the vehicle is not carrying a person or other load; and
(g) has no sharp protrusions; and
(h) is not--
(i) a bicycle; or
(ii) a motorised wheelchair.
Note--
It is an offence to drive an electric personal transporter on a road without the approval of the Minister—see section 161A of the Act and regulation 48 of these regulations.