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Speech: Statutes Amendment (Personal Mobility Devices) Bill 2024

15 October 2024

The Hon. R.A. SIMMS (17:12): I also rise to speak in favour of the Statutes Amendment (Personal Mobility Devices) Bill 2024, and might I also congratulate the Hon. Frank Pangallo on his special birthday today. The Greens have been long supporters of e-scooters and e-skateboards as an important mode of transport in our state. We recognise in particular that we are in the middle of a climate emergency and one of the ways that we can reduce carbon emissions here in our state is reducing the number of cars on the road, and so we do see e-scooters as playing and important role in that regard.

We are pleased to see that the government has taken up the recommendation of the Select Committee on Public and Active Transport that private-owned e-scooters should be permitted by legislation. E-scooters are a clean, green transport alternative. They reduce congestion by getting cars off the road and they allow users flexibility to get to where they need to go in an efficient way. They are increasingly being relied upon in many cities around the world as a form of travel.

We have seen e-scooters for hire on the streets of Adelaide over many years. Indeed, when I was on Adelaide City Council, there was a proposal that came to the council for us to undertake a trial ahead of the 2018 Fringe Festival, and that trial ended up being extended over many years, so I do welcome the fact that we are going to see a consistent approach being taken.

One of the problems we have had in South Australia around e-scooters is an inconsistency within the law. Whilst we have had a number of local councils that have allowed people to hire e-scooter devices, individual use has been prohibited. Despite the fact that you can actually purchase an e-scooter from a store you can only use it on your own private property. This has created, I think, a lot of confusion for law-abiding South Australians who are seeking to do the right thing but make the assumption that if you can buy an e-scooter in South Australia then surely you should be able to use it on the streets of our state. So, finally, that has been cleaned up.

One thing that was really interesting for me, having the benefit of being on the public and active transport inquiry, was that we heard evidence that allowing individual ownership of e-scooters does actually promote safety outcomes, and that is because if you are hiring an e-scooter and you are participating in the kind of festival environment of a trial and it is not your own device then you might be more likely to engage in risky behaviour. But if you are actually using your own device, that you are more familiar with and you have purchased, you are more likely to take care of it and you are also more likely to know how it works and that reduces some of the risks associated with this.

It is important to note that the issues that honourable members have raised regarding pedestrian safety I think are very important and did need further consideration from the government. Indeed, one of the issues that we heard quite a bit of evidence around was this issue of insurance. I want to refer members to some of the recommendations from the public and active transport inquiry. I will read some of the recommendations out for the benefit of government members who I know have not read all of the inquiry recommendations.

An honourable member: Some of us have.

The Hon. R.A. SIMMS: Some have, I wish the transport minister had because we might have addressed some of the issues that have come to us with this bill. Recommendation 8 is particularly important and relevant, I think. It states:

The Committee recommends that the matter of compulsory third party insurance for private and commercial e-scooters be referred to the Attorney-General for review and advice.

The Hon. F. Pangallo interjecting:

The Hon. R.A. SIMMS: An interesting question: the Hon. Mr Frank Pangallo asked whether this happened. I will be asking that question of the government in the committee stage. They have had two years to undertake that work so I am assuming that has happened. It states further:

The Committee recommends that the state government resolves:

(a) the classification ambiguity regarding commercial and private use of e-scooters, specifically whether they can be regarded as a motorised vehicle or as a bicycle; and

(b) outstanding matters regarding high insurance excess amounts, easily voided insurance policies, and the power of e-scooter providers in deciding the outcome of insurance claims.

One of the committee's findings was that:

There is potential for increased use of e-scooters in metropolitan Adelaide, but liability and accountability are highly complex matters that go beyond what the Committee can achieve…and Legislation and policy surrounding the use of small personal e-mobility vehicles (not just e-scooters) should be a matter of ongoing review by state government in collaboration with stakeholders.

I do not know what the outcome was of those recommendations. Indeed, I reached out to the minister, the Hon. Tom Koutsantonis, when this report was handed down in February of last year. I reached out again requesting the opportunity to meet with him so that I could draw his attention to some of these recommendations but, sadly, the opportunity never arose and so I am not sure whether or not these issues have actually been addressed by the government.

Some of the other issues that came to light worth highlighting for the benefit of this debate are:

The Committee recommends that state government, in collaboration with local government and other stakeholders:

(a) legislates to enable the use of privately owned e-scooters and other personal mobility devices in public spaces, in line with other jurisdictions

Tick; that is good. It goes on:

(b) considers adopting definitions of e-scooters and e-personal mobility devices consistent with National Model Law;

(c) considers ways that e-scooters and e-personal mobility devices can be safely moved into bike lanes on roads without compromising the safety of cyclists or device users;

(d) reviews speed limits of e-scooters and other e-personal mobility devices on footpaths to better protect the safety of pedestrians; and

(e) gathers data on the use of private and commercial e-scooters and other e-personal mobility devices, including compliance and injuries to pedestrians and riders.

I welcome the fact that the government has moved on some of these matters, but there are some issues here that they do not appear to have addressed and that I intend to raise during the committee stage. I do make clear that I am supportive of the bill. I welcome this reform in terms of cleaning up some of the ambiguity we have in South Australia, but I am concerned that the issues around liability have not been addressed. I wonder whether or not the government has undertaken the level of consultation that was envisaged by the parliamentary inquiry when we made those recommendations.

Given that, and in the absence of any approach being made by the government to the contrary, I will support the amendments from the Hon. Ben Hood because I think we do need to have some sort of model in place to address some of the insurance implications. I look forward to some of the discussion that unfolds during the committee stage, and I will have a few questions to ask of the government around how some of the issues have been addressed.