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
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Replies to This Discussion
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Premium MemberPermalink Reply by Dani on -
A bike lane on a median strip?
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Permalink Reply by stephen cummins on
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the road runs into the city so theres a bike path from the beach
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Premium MemberPermalink Reply by Skittles on -
I still don't get how there is a bike lane on a median strip... do you mean the road has a median strip and you were on the bike lane that is usually on the left side of the road?
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Premium MemberPermalink Reply by Jack on -
What he means by 'going down a median strip' is that he was going down a road with a median strip in the bike lane.
So he is asking whether skaters are allowed in bike lanes. And if that rule trumps the rule that they are not allowed on roads with a median strip.
Thats my take on it.
Police have called out with a megaphone to tell me to get off bike lanes on roads with a median strip.
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thats what i meant jack. so its illgel aswell?
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Premium MemberPermalink Reply by Dani on -
If the bike track is just drawn onto the left side of the road then you are still skating on the road itself so no, you can't be on it. If it is a separate track altogether (we have a bike track in Adelaide that goes through the hills and is not connected to the road at all, can't even be seen from the road) then you are allowed on it. That's in SA at least.
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Permalink Reply by Timothy Shu on
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Regarding those asking about bike lanes.
We have laws regarding the status of our boards, and they are not cars, nor are they bikes. They are Wheeled Recreation Devices, which includes anything which isn't a bike or a car, and may of those things do not remotely belong in a bike lane.
So the answer is no, we don't have any special permissions regarding bike lane usage.
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Premium MemberPermalink Reply by Dani on -
Sorry but we do. We can legally be in a bike lane that is not a part of the road. In SA at least.
Timothy Shu said:Regarding those asking about bike lanes.
We have laws regarding the status of our boards, and they are not cars, nor are they bikes. They are Wheeled Recreation Devices, which includes anything which isn't a bike or a car, and may of those things do not remotely belong in a bike lane.
So the answer is no, we don't have any special permissions regarding bike lane usage.
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Premium MemberPermalink Reply by Jack on -
I have to do a senior legal independent study proposing changed to a certain area of the law.
I might do it on longboarding.
Propose a specific set of laws for skateboards in relation to the road.
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Premium MemberPermalink Reply by Dani on -
Would be interesting to look into but at the end of the day I don't think it is doable. For instance, let's say we give longboards the same rights on roadways as bikes. It's great that little Timmy can now ride to school and to his mates on the left side of the road with the cyclists but it also means that little Timmy can now legally ride whatever gnar-bar mountain he stumbles across too which could result in his death. So does that mean Timmy has to pass some sort of ''test'' to get his longboarding license? I don't think so.
In Laguna beach the councils have done it by gradient. If a hill is a certain steepness or above then it cannot be ridden, anything under that gradient is the same classification as bikes. Maybe not a bad way to go, suppose it depends on what percentage of gradient they choose.
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Permalink Reply by charles lee on
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it goes up every yr by $1 this was posted in 2009 so it will be 70 somthing soon gayy
Jack Wroe said:Canberra is $67!
DANGIT
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