ASRA - Australian Skateboard Racing Association

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 1: The exception to this is when a road is clearly marked as no recreational devices allowed.
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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so how come my schoolconfiscates my board off me for a whole week! is that legal?
A teacher has no lawful right to force you to hand over personal property without your consent unless there is a serious threat to the safety of other students. However, students can be instructed to hand over items such as cigarettes, illegal drugs, weapons or items that are used to disrupt lessons or distract the class, and the school may punish you for disobedience if you refuse. A teacher who does confiscate something from you must look after it, keep it safely and ensure that it is not damaged. Usually, if the item is dangerous or illegal for a child to possess the teacher will either give the item to the police or your parent. However, if the item is not dangerous or illegal the item should be returned to you – usually at the end of the class or school day. If the teacher loses or damages the property then you can ask for the teacher to replace it or pay you the value of the item.

chad gibson said:
so how come my schoolconfiscates my board off me for a whole week! is that legal?

Basically it means that they don't have a legal right to take it off you, but they can punish you if you don't hand it over. If you hand it in, they would need to show a reasonable need for them to keep the item, otherwise you can claim it back.
Obviously if the school rules say you can't bring a skateboard, they can take it from you for the day because you've "agreed" to the terms of the school rules which form a basic contract between you and the school.
Thanks a heap, i can't find this sort of stuff just by typing in google =D
No probs mate, thats why we put it up there
Ok so an update on this as of the other night. 3 of us were fined with 3 separate charges.

. Offence Code A440 - Wheeled device on a road with a speed limit of 50 or above. (I believe Queensland's law is 60 or above)
. Offence Code A444 - Wheeled device on a road at night
. Offence Code A447 - Wheeled device on a road with a dividing line

All these offence codes come under the same section of the road traffic act. I have an appointment with a lawyer tomorrow to see if we can be charged for separate offenses like this. I will update to let you know the verdict but I am almost 100% sure that we can be done for the 3 things.

Knowledge is power as they say.
It makes sense that you would get fined for all three offences.

If you were caught driving without a seatbelt and above the speed limit, you would have broken two rules and been fined for both offences.
aw so dev, went to do kariong hill tonight, just before we get to the first corner, cops get us.
"they say do you know what it's like to have skin off you at high speed"
instantly we all said "yea it hurts a bit"
cop says "boys you'll probably get 60km/h down this"
we chuckled
he said "either you boys are gonna stack at 60km/h or get a fine"
Jack goes "How much like whats the go?"
cop says "your boards."
jack "..."
Cop says "we wil confiscate your boards then give you s $550 fine"
Jack reponded "i read the laws a week ago, it states, Wheel device on a road at night is a $50-70 fine"
cop says "nah mate, completely different thing"
then he says "we hav police cars setup down the hill, so if you go down, we will take you away, so boys start walking"


Possibly one of the larger buzz kills ive experienced!
thats my story
Thank you alot robbo. now every one who skateboards and reads this will know there rights, and i am going to send this to my friends to thank you alot, now i know my rights as a skateboarder.
Awesome peice of knowledge, thanks
goodwork with this i reckon every skater should see this aye
I'd actually like to really throw the cat among the Pigeons here and say that some of what is in the "Australian Road Rules is in conflict with The Traffic Act.

Below is 1 The Road Traffic Act NSW 2995


NSW Roads Traffic Act ( What Police interpret as the Law )


http://www.legislation.nsw.gov.au/maintop/view/inforce/act+11+2005+...


NSW Road Transport Regulations 2005 pertaining to the Act above.


http://www.legislation.nsw.gov.au/maintop/view/inforce/subordleg+60...


NSW Rules 2008 pertaining to the Regulations above.


http://www.legislation.nsw.gov.au/maintop/view/inforce/subordleg+17...


Now upon reading this through and through and based on the wording and definitions I have concluded that

From Div 2 Road Users and Vehicles  secton 18 

A Pedestrian is

(d)  a person in or on a wheeled recreational device or wheeled toy.

Definition from Dictionary

"wheeled recreational device means a wheeled device, built to transport a person, propelled by human power or gravity, and ordinarily used for recreation or play, and:

    (a)  includes rollerblades, rollerskates, a skateboard, scooter, unicycle or similar wheeled device, but

    (b)  does not include a golf buggy, pram, stroller or trolley, a motor-assisted device (whether or not the motor is operating), or a bicycle, wheelchair or wheeled toy."

"wheeled toy means a child’s pedal car, scooter or tricycle or a similar toy, but only when it is being used only by a child who is under 12 years old."

 
Now to Add fuel to the fire:-

Rule 16   Who is a driver

        (1)  A driver is the person who is driving a vehicle (except a motor bike, bicycle, animal or animal-drawn vehicle).

            Note 1. Bicycle and motor bike are defined in the Dictionary, and vehicle is defined in rule 15.

15   What is a vehicle

    A vehicle includes:

        (a)  a motor vehicle, trailer and tram, and

        (b)  a bicycle, and

        (c)  an animal-drawn vehicle, and an animal that is being ridden or drawing a vehicle, and

        (d)  a combination, and

        (e)  a motorised wheelchair that can travel at over 10 kilometres per hour (on level ground),

    but does not include another kind of wheelchair, a train, or a wheeled recreational device or wheeled toy.




Now I have been through this up down sideways and NOWHERE in the rules above (section 240 of link 3) which relate to "Recreational Vehicle" does it state that a Wheeled Recreational Vehicle must NOT exceed 50 KPH. 

And I can find NO Stated Speed Limit for Pedestrians.

Under the Legislation currently it does state that you MUST NOT ride on a Road having a posted limit of greater than 50KPH..

So therefore I am in breach on my practice hill !! because it has a posted limit of 100KPH.


Now if I am in, On, or in Control of a Skateboard I am classed as a Pedestrian and as such NO NOT have a Speed limit under the Traffic Regulations.

Now  reading and re-reading the Act, Regs, and Rules above I have concluded ( Apart from it being a minefield ) that if I am on the a regular street having a posted limit greater than 50 KPH No lines or Median etc then I am in Breach,
If I am on a suburban street having a posted limit of 50KPH then I can ride legally.

This is where it gets sticky !!
Since I am classified and Do Not have a speed limit then I Under the Act I may travel at greater than 50 KPH legally and with Impunity.

Then there is the issue of Private land v Public access !!!! Arrgh

 

That is mostly correct. The laws relate more to where you are allowed to use it rather than how you use it so I can theoretically ride down the road at 100km/h on my head.

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