Skateboarding - Basic legal FAQ
The laws of skateboarding. Taken from the Australian Road Rules as approved by the Australian Transport Council and published by the Australian Transport Commission Feb 2009.
The Australian Transport council was setup to streamline national road rules under agreement by all states and territories' transport and roads Ministers. Under agreement of the Australian Transport Council all states and territories are obliged to create legislation that is constant with the National Road Rules 2009. Given that our members come from all over Australia this is the most relevant document.
In the absence of local exceptions the following information should be considered the law:
Q - What is a skateboard under the law?
A - For the Australian Road Rules, a person in or on a wheeled recreational device or wheeled toy is a pedestrian, not a rider (as in cyclist) and not a vehicle. The laws that relate to skateboards apply within Part 14 (Rules for pedestrians) of the Australian Road Rules. Part 14 - Division 1 is about pedestrian laws. Division 2 relates to pedestrians of wheeled recreational devices.
Q - Where and when can I use this toy?
A - On roads that satisfy these conditions:
- a road with no dividing line and no median strip; and
- a road on which the speed-limit is equal to or less than 50 kilometres per hour; and
- a one-way road with less than 2 marked lanes.
note 2: You are permitted to be on a prohibited road on your skateboard for the purpose of crossing that road and only when taking the shortest possible route. You are not required to get off your skateboard to do this
Q - When can I use my skateboard?
A - During daylight hours
Q - How can I skate?
A - When on a road you can skate as fast as you want with as many people as you want but you must not be any more than 2 abreast with other riders. You must also stay to the left of the road.
Q - Can I skate on the footpath?
A - Yes. However you must keep to the left of the footpath or shared path unless it is impracticable to do so; and you must give way to any pedestrian (except a person traveling in or on a wheeled recreational device or wheeled toy) who is on the footpath or shared path. On a footpath or shared path bicycle riders must give way to skateboarders.
note: You must not skate on a footpath that has been specifically signposted as no wheeled toys allowed.
Q - Skitching looks fun, am I allowed to do that?
A - NO. A skateboard cannot be towed by a car nor can a skateboarder hold onto a car if it is moving. A skateboarder also cannot travel within 2m of a car continuously for any distance over 200m
Q - Do I have to be wearing a helmet?
A - No, but you might be considered stupid not to. (Except in SA where a bicycle helmet is mandatory)
Q - Can the Police or a security guard confiscate by skateboard?
A - NO. For the state to confiscate your property there has to be special legislation or the item in question must be illegal to possess. ie drugs, knives. The only time they can confiscate something that it is legal to own is in the circumstance where special legislation allows or when a magistrate rules on this ie. the car hoon laws and this is tightly regulated as in they can't confiscate your car because you ran a red light or because of a minor traffic offense. A security guard is just another public citizen and has no special or implied powers.
The illegal dispossession of somebodies personal property is considered theft be that by Police, security guards, or any other person in the community.
The exception to this rule is in Tasmania where the state has special laws that allow you to either pay the fine or hand your skateboard over to police for 7 days but not both
Q - What should I do if the police bust me for breaking skateboard laws?
A - Be polite. If your are issued a fine than cop it like a man and move on. The fine is similar to a cheap or medium quality set of bearings ($40-$60) so don't whinge or sook about it.
Q - What is the penalty for committing one of the above offeneces?
A - Fines vary from state to state:
---- NSW - $54
---- QLD - $40
---- ACT - $67
---- SA - $87
---- VIC -$60
---- TAS - $35-$50 or except 7 day confiscation with no financial penalty
---- WA - $50
Attached is a full copy of the Australian Road Rules 2009
Tags: FAQ, Laws, Skateboard laws, cops, lawyer, lawyers, legal, police, road rules, rules
Views: 71134
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Permalink Reply by joel sisson on
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i was being polite to him as i was trying to get him to be reasonable but he was just a dick. i did call his superior but i told them his name instead as he has pulled me aside before about the lines. you may already know this but you can get big fines for filming a police officer without their regards but it is good for evidence later on
HOltzy said:I would have been the biggest smartass man. I would have got his badge number and the station where he worked. A small call to his superior would have pulled him in line. I can't wait to be stopped when I get my GoPro. I'll just let him rant then tell him he's being filmed HAHAHAHA
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ASRA AdminPermalink Reply by Bugs on -
FIlming police is ok, but you need permission to make audio recordings of them. As long as the microphone on your video camera isn't working you'll be right :)
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oh ok, my friend got in shit cause he filmed a cop but he had audio. thanks for the correction :P
Bugs said:FIlming police is ok, but you need permission to make audio recordings of them. As long as the microphone on your video camera isn't working you'll be right :)
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Permalink Reply by Sabrina Hennessy on
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Permission to reproduce
The Australian Road Rules may be reproduced or used as long as the National Road Transport Commission is acknowledged as the source. Acknowledgment is not required if the reproduction or use is by or on behalf of an Australian government or a public authority.
Sorry to be an assy law student here but....
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Premium MemberPermalink Reply by Dani on -
What are you talking about Sabrina? Who is reproducing what?
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Premium MemberPermalink Reply by m0juu on -
so... by printting out the laws, we have to acknowledge they are the laws coming from the law people? dont sue me bro
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Premium MemberPermalink Reply by Dani on -
Nobody has reproduced anything. If you print it, you aren't reproducing it, you are making a copy. That and... who gives a shit. Plus, it has been sourced... ''The laws of skateboarding. Taken from the Australian Road Rules as approved by the Australian Transport Council and published by the Australian Transport Commission Feb 2009.''
Students.
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Permalink Reply by HOltzy on
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Sorry to necro and old reply, but I should have clarified.. I was referring to the security guard's badge number and the station where he worked as in his base (for the security at, say, the entertainment centre, that would be that lil office they sit in). We always got taught to watch what we say and do as we had no special rights as security, just normal citizens that know what we can and can't do, which is where the general public fall a bit short. Not every person on the street knows what their rights are so yeah, the a$$hole guards will tend to make $hit up to scare you into submission. Filming Police is an entirely different kettle of fish..
Bugs said:
FIlming police is ok, but you need permission to make audio recordings of them. As long as the microphone on your video camera isn't working you'll be right :)
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Permalink Reply by Elliot Keevil on
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me and my mates got "moved on" from a legal skateboard road can we go back
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ASRA AdminPermalink Reply by Bugs on -
Yes, you can go back. And the police can illegally move you on again. Your question isn't really about the legal situation, but about the practical reality of dealing with police who act outside the law. Those questions are harder to answer than the strictly legal ones.
Elliot Keevil said:me and my mates got "moved on" from a legal skateboard road can we go back
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Permalink Reply by Angus Allen on
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Haggy,
I don't know if it has been mentioned as it is a very long thread, but if we were to have the same rights as bikes we would have to have at least one effective brake. I'm not sure if shoes are included in this? It might be a difficult point to argue.
Cheers
Dex
haggy said:Nice one Tim,
Keep us updated on any further discussions with Geoff.
Let us know if we can help in any way. Robbo has a good handle on the issues and the laws and as officers of ASRA we are both more than happy to go on record with this. I can help prepare a written submission to the MP if/when required.
The reality is that we when we ride roads we act very much like bikes. Of course, you do all realise that if we are regarded as bicycles we are subject to stricter road rules, much like bikes are. Ie. would in theory need to stop at red lights, have lights at night, etc. but the chance of copping a fine for this is miniscule. We might also be required to wear helmets. Which is no biggie cos we all do that anyways. Regular double-kick skaters would hate us tho haha.
tim hills said:I had a meeting with a guy called Geoff Brock for yous that don't know him he is the MP Member of Frome.
He represents parliament for the mid north area he said that he would keen to take this issue to parliament to be fought for change of law or at least for an agreement with police ETC. I'm email back and forth with him at the moment and he is just letting me know what i need to do research wise so that there is enough evidence for him to battle the case/act.
personally i would like the Skate laws to be the same as the cycling laws or for there to be a Longboarding Law.
all this information posted help Me to get him information and will help the skate community to ride free hopefully in the near future.
I know it big dreams and very long hand to touch the sky but its worth a try.
Peace
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Permalink Reply by Jesse Martin on
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thanks for this
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