Freedom ride Enjoying e-bikes and e-scooters safely — Part 1: laws around e-mobility

by SANDI MILLER
22nd March 2026

THE LAWS AROUND e-bikes and e-scooters are coming under scrutiny, triggered by a series of accidents across the country that left people dead or injured and without recourse to insurance.
Victoria’s e-bike regulation has been lagging behind the EV industry and the public’s appetite for motor-assisted active transport.
E-bikes and e-scooters have many benefits, such as improving accessibility, which is especially important in hilly areas such as Manningham and Nillumbik.
However, the laws that are in place are being flouted by an increasing number of riders who are purchasing, or building, what are in essence “e-motos” — described by e-bike builder and retailer Rebecca Lee as “high-powered, throttle-driven weapons”.
John Duncan, Chief Operating Officer at road safety charity BRAKE Driver Awareness Australia, says the rapid adoption of e-bikes and e-scooters has outpaced education, leaving young riders exposed to serious risk.

“Devices like e-scooters can be a young person’s first experience travelling at speed in shared traffic.
“While the technology and availability have arrived quickly, the education hasn’t, and that gap is costing young people their safety and, in some cases, their lives.
“Australian society has made huge strides in recognising the causes of serious road incidents, such as driving under the influence or using a mobile phone while driving.
“But those same risks apply to e-scooters, where riding intoxicated, without a helmet, or at night can be just as dangerous, but are not taken as seriously,”

Ms Lee of Rev Bikes agrees that much of the issue stems from putting overpowered e-bikes and scooters into the hands of children.
“Anyone’s allowed to ride a bicycle; they should also be able to be assisted because there are a lot of benefits for kids riding, and it helps them to keep up with their parents.”
However, she says the law says e-bikes should have motors of no more than 250 watts, but with more powerful (over-powered) motors easy to buy online, it is easy to purchase an “over-powered” kit.
While it is not illegal to own an over-powered bike, it is illegal to ride them on public roads and paths, it is down to the customer to understand the law.
But Ms Lee says many of the issues she comes across when dealing with questions from customers about over-powered e-bikes come from a lack of understanding of what is legal.

“I had a parent bringing his kid into the store saying he wants to get a conversion kit ‘because all his friends have one — he wants 1,500 watts because his mates have that’ — they were only 11 years old.”
She says the recent coverage in mainstream media is compounding the issue.

“There’s a lot of coverage about it in the media, but the parents are still ignorant, because they still don’t seem to know what the difference between an e-bike and an over-powered weapon is.
There are lots of sellers — cowboys — building these in their garage and selling them on Marketplace or Gumtree, and there are online sellers from China — people are importing them, which you’re not supposed to be able to do — you’re not supposed to send lithium batteries by air.”

What is the law?

In Victoria, to be ridden on the road or public paths, an e-bike must be:

• No more than 250W with a top speed of 25km/h
• Have a motor which is driven by “pedal assistance” you have to turn the pedals to drive the motor.

A throttle-assisted e-bike can have a maximum power output of 200 watts and provide motor assistance through a hand-operated throttle, allowing for operation without pedalling — similar to what Australia Post uses.
The Victoria Police website notes that many bikes sold as e-bikes exceed these power and speed limits.
“These are considered non-compliant motor vehicles and cannot be legally registered.
“You can only ride these types of bikes on private property.
“If you ride these bikes on public roads or footpaths, you can be fined for operating an unregistered vehicle.”
It is only possible to register a vehicle that is on the Department of  Transport’s list of approved motorcycles, and they are generally equivalent to a minimum 660cc and include a range of features such as rear mirrors, ADR-compliant headlights (low and high beam), tail lights, brake lights, and amber front and rear indicators, braking system certified to meet specific Australian standards, tyres suitable for road use,  compliant horn, and must have a Vehicle Identification Number (VIN) that meets Australian requirements.
Compliant e-bikes are governed by the road rules for conventional bicycles.
Any electric bike that exceeds the legal power output (over 250W) or where the motor continues once the speed reaches 25 km/h, is classified as a motor vehicle.
E-bikes with the following modifications are illegal to ride on public roads and areas as a bicycle:

• toggle switches to override the power and wattage limits
• a motor that continues to provide power after reaching 25km/h
• motors have a combined continuous rated power output greater than 250 watts.
• no functional pedals
• fitted with an internal combustion engine (e.g. petrol powered).

Any non-compliant vehicle falls between the definition of an e-bike and a motorbike, so cannot legally be ridden on public roads or paths as an e-bike and cannot be registered as a motorbike.
A legal e-scooter is defined as a vehicle that:

• is designed for use by one person
• has a maximum speed of 25 km/h when ridden on level ground
• transports a person while the person is standing or seated
• has two wheels (one in front of the other)
• has a footboard between the front and rear wheels
• is steered by a handlebar
• does not weigh more than 45kg
• is propelled by a motor, or by the person pushing one foot against the ground.

An e-scooter that falls outside the scope of this definition is also considered an unregistered motor vehicle and is liable to penalties.

Fines for over-powered e-bikes

An e-bike that exceeds the power and speed limits could be considered a motor vehicle.
You could be fined for:

• driving an unregistered motor vehicle, and
• driving without a valid licence.

Is education the key?

Mr Duncan says e-bike accidents are now the most common among teenagers aged 15–18, highlighting how older adolescents are navigating increasingly powerful devices without the experience or awareness to ride safely.
He said he was seeing growing frustration in communities where e-scooters are used on shared paths without consideration for others.
“Older Australians, people with disabilities, and pedestrians can feel vulnerable, which is why greater awareness around respect and courtesy in shared spaces is so important,” he said.
To help address the growing issue, BRAKE Driver Awareness Australia has developed Australia’s first national school-based e-mobility education program, designed to teach students aged 11–15 how to ride safely, recognise hazards, and understand the risks of speed, night riding, and intoxication.
The program has already reached more than 90,000 students and is now expanding nationally.

“During adolescence, the part of the brain that seeks reward develops faster than the part responsible for impulse control, making speed and peer approval especially thrilling in the moment.
Our program helps students pause, think, and make choices that protect themselves and others.
Road safety shouldn’t be something young people learn through tragedy.
“With the right support, this program could reach every secondary school in Australia and help students build safer habits on the road.
Unlike one-off talks, our model enables teachers to deliver ongoing learning, ensuring students everywhere, including in remote areas, gain the skills and confidence to stay safe,”

Ms Lee says a campaign through schools would be helpful because many of these kids want to do what the other kids are doing.

“I think if they heard some of the horror stories from other kids who had had disasters happen to them, that may cause them to think twice.
But also, it’s the parents that are considering buying these, perhaps they’re still a bit oblivious because of the language being used, they don’t know that they’re buying their kid one of these problem bikes, they think they’re just buying an e-bike.
If your kid thinks they need a full-face helmet, then it’s probably going faster than a bicycle could or should,”

BRAKE urges schools, teachers, parents, councils, and corporate partners to support its programs and help expand access to road safety education, especially in regional communities.
As e-mobility and independent travel become part of everyday life for young Australians, the goal is to equip every student with practical road safety skills before tragedy occurs.
Visit brake.org.au to learn more about its e-mobility road safety programs.
Visit revbikes.com to explore safe, legal, custom e-bike options for you and your family.