Why safe, legal e-bikes do not need registration or licensing

Dear Parliamentarian

We write to you as an elected Member of Parliament in an open letter to highlight why proposals to require registration and licensing of legal, safe and compliant e-bikes must not be supported.

The NSW Government has listened carefully to experts, bicycle riders and the bicycle industry over the last two years. As result, NSW is fortunate that sensible, evidence-based policy is being introduced to reduce issues caused by illegal, high-powered devices and strike the right balance between safety and the continued uptake of e-mobility.

This includes the reinstatement of the European safety and quality standard, EN-15194, which will draw a clear line between an illegal electric motorbike and a compliant e-bike. A legal, safe and compliant e-bike can be used as a bicycle, on bicycle infrastructure, by people of all ages wearing a standard bicycle helmet, without any need for registration or licensing.

We are concerned that the progress made to develop appropriate regulations in NSW will be undermined due to confusion caused by (i) the over-zealous e-mobility laws proposed by the Queensland Government, (ii) the Private Member’s Bill recently introduced to NSW Government and (iii) a media that still struggles to differentiate between safe, legal e-bikes and illegal e-motorbikes.

Bicycle NSW assures you that EN-15194 e-bikes do not pose additional risks to riders or other road users. Safe, legal and compliant e-bikes provide vital health and wellbeing benefits for older and less abled Australians. E-bikes connect younger people to education, family, friends and their first jobs. Of course, e-bikes play a critical role in reducing the cost of living and increasing physical activity.

Requiring registration plates or a licence for EN 15194 e-bikes would create significant barriers for people who rely on cycling for everyday transport. It would disadvantage young people, international students, people who ride infrequently, visitors to NSW, and people who can’t obtain a licence due to disability or medical conditions. Many people don’t realise that 26% of adults in NSW do not hold a driver licence or learner permit.

Licensing for safe, legal e-bike users will negatively impact mode shift. And it would risk undermining best-practice active transport - at a time when we should be making it easier, not harder, to ride.

Additionally, we know that the administration of registration and licensing would be extremely expensive to government, as set out in an internal RTA review in 2011. This review confirmed the NSW Government's position that safe and legal cycling should remain free of government fees and charges. It would add significant administrative and enforcement workload for NSW Police while doing nothing to regulate unsafe devices at their source - the point of import and sale.

Calls for registration and licensing are triggered by high-powered, often modified, bikes. But these devices should not be used on roads, footpaths and bike paths in the first place. The reinstatement of EN-15194, alongside rider education and community awareness programs and consistent enforcement, will see a decline in the misuse of e-mobility.

We urge our Parliamentarians to focus attention on:

• The enormous benefits of safe, legal e-bikes and how they contribute to the health and wellbeing of the community, decarbonise our transport system, provide viable alternatives to driving and reduce the cost of living.
• The major cause of road trauma and deaths on NSW roads - motor vehicles. Road trauma in NSW is at a 15 year high; these horrific outcomes are not being driven by e-bikes.
• Funding and delivering the separated infrastructure that is crucial to ensure we have safe and efficient conditions for all types of riders.
• Supporting the implementation of lower speed limits to reduce the danger posed by vehicles.
• Rapidly expanding education and awareness programs to highlight e-bike safety, responsible behaviour and purchasing. Specifically, this includes point of sale education, parent education and student education with the Bicycle NSW Student Bicycle Education Program.
• Backing the NSW Government’s work underway to adopt EN-15194 as the definition of an e-bike in NSW. EN-15194 is the golden standard for a legal, safe and compliant e-bike.  It is crucial that people use EN-15194 e-bikes instead of high-powered illegal devices to target risk in our community.

Thank you for your interest and attention for this matter.  Should you require any more information then we’d be pleased to meet and discuss further.

Yours sincerely,

Peter McLean, Bicycle NSW CEO