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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Permalink Reply by Mozz on
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It's a bloody minefield that's for sure, A lot of it comes down to how your dressed and behave IMHO and if you have your leather's on Helmet (even though by Law it isn't required) the average Cop can see your serious about both you commitment to the sport and your own safety.
Now here's a little snippet for you Traveling home the other day I stopped well off the road to take some measurements of the slope angle so I can roughly work out the speed that could be attained gravity being a constant.
Now my gear was in the back cause I was getting my old leather's sewn and it's all sitting in plain view when I lifted the tailgate and bugger me the Hwy Patrol was cruisin past, needless to say they wheeled around to come have a bow peep.
Something along the lines of this Conversation ensued '
Cop 1 "Are you planning to ride down here ?"
Me "Yeah mate, with traffic about and you blokes around ? Not bloody likely"
Cop 2 "My Son rides a Longboard actually, pretty damn quick too . Too bloody quick for me"
Me " Well you probably know how hard it is to find a decent place to ride safely and practise, out here has gotta be better than the in town, but the law says I can't, besides I don't fancy the walk back up. " Big cheeky grin from me.
Cop 1 " How fast you reacon you could get up to ? "
Me " By my calculations , which is why I stopped to have a look probly twice what's legal and I'm not out here because the limit is 100 K's"
Cop 1" You puttin' me on"
Cop 2" Nah **** my boy gets that and better out near Greenhills, .
Me " Ah well I'd better get a move on"
Cop 2 " What the hell is that " (points to my Luge)
Me " Oh that's a racing Garage Creeper !! "
The Cops look at each other totally blank faced then look at me and I couldn't help it I burst out laughing.
Me "Sorry Gents, That is a Street Luge"
They start laughing too'
Cop 2 chuckles " Racing Garage Creeper, Talk about a highspeed Oil Change"
Cop 1" Ya know ***** I don't think our radar would work on something that low do you?
Cop 2 " Dunno Wanna try it "
Cop 1 Turns to me " You want to have a crack at it, down here ? "
Me " You serious ? "
Cop 1 " Serious as mate - I see you have leather's and other stuff with you? "
Me " Well yeah I had some sewing done to repair a busted seam in the pants"
Cop 1 " Shit yourself did you"
We All laughed
Cop 2 " C'mon then, don't muck about, I wanna see this."
Well I starts to think these guys are leading me on,
Me "Nah bugger it your just gunna bust me at the bottom."
Cop 1 " Nope your a standup (no pun intended) guy who has been honest with us from the start."
We think we can trust you.
Me "Well thank you Gentlemen - If all the Police around were as understanding and reasonable as you fellas are we'd all get along better, but you have a pretty tough job sometimes"
Anyway I get a scoot down this nameless hill twice as the "Coke Can" hanging on the window was useless for a luge (Too smaller target apparently) they had to get the Lidar out.
My practise is a bit rough and I get just on 60 K's there this was like silk compared to it and I came away with a PB. and they came away with a higher appreciation of just how careful we are in our chosen sport.
Oh 94.2 BTW.
I will NOT name the Road nor the actual location because sure as eggs someone with low integrity might read this and get themselves hurt, and indirectly that could be my fault.
Robbo said:
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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Permalink Reply by mack daddies daddie on
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where do i go to find 2011s .......josh and i had a power tripper last night and wanted to take our boards ........
im gunna make shirts i want them to be 100% correct
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Permalink Reply by Joe Campbell on
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the part in this article about police taking your board is sadly not true... :( police can take your board if they feel that you could be breaking the law or just harming other pedestrians in the future.
im not sure whether this is all around australia or just in QLD so i might have to find out more about this.
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no they cant bro .....u dont have pay rego for a skateboard ............the thing says that if ur skating in the road u are the predestian
people take a driving test for a reason
if a cop ever take ur board ask them for there badge number and precent .........
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Permalink Reply by Timothy Shu on
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and a receipt.
And Blake, you're right about police not technically having the power to take your board away, but refusal to do something when an officer asks you to is a different matter all together. You are supposed to comply with their requests and then LATER file a complaint, you don't refuse them there on the street.
blake said:no they cant bro .....u dont have pay rego for a skateboard ............the thing says that if ur skating in the road u are the predestian
people take a driving test for a reason
if a cop ever take ur board ask them for there badge number and precent .........
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i did 2 days ago
by them tellin you to give it too you ...... they are breaking the law
they cant take something u have paid for unless it not legal ie weed beer if u inder 18
the cop i had wanted to seize my board under hooning laws he reakoned
i simply said no and that its not a car there for unable to be siezed , he then went on with aggressioj in his voice tellin me calm down and stuff
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Premium MemberPermalink Reply by Dani on -
Just an update on the SA fines. Fine is now $27 with a crime levy of $60.
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ok well my dads a cop and thats what he said to me... its not just on the road as well if you are riding through a crowded public area thats when i think the law comes into place.
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Premium MemberPermalink Reply by Dani on -
Also.... I am not sure but I imagine that this number is national. If not, find your local one.
This number is soley for the use of the public. You can ring any time and ask any question regarding any law. The operators are paid to look up and answer your questions. That is all, they have no personal interest in your position or the policemans. I gave it out to the SA groms about a month ago and a few have tried it. Police get very nervous it seems when you tell them that you are going to ring the number and ask. I would STRONGLY reccomend that if a policeman tries to take your gear, or do anything else that seems out of the ordinary (arresting you, interviewing you, making you write a 300 word esay on the dangers of skateboarding {all of this has occured in SA}) you ring the number and check. They will change their tunes very quickly saying that they are only giving you a warning this time or saying that they can't be bothered with the paper work. Some have even lied, saying the call will be directed straight to them, which I pormise it wont be. It is a very useful number to have stored in your phone.
131444
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Permalink Reply by Robbo on
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Whats the crime levy?
Dani said:
Just an update on the SA fines. Fine is now $27 with a crime levy of $60.
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Premium MemberPermalink Reply by Dani on -
$60. Far more than the fine itself. For thsoe who dont know the Crime Levy goes to Victims of crime. Abuse and rape victims and the like.
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hey joe what happens if the police dont know the law .........this thread states a board is not a car and he wanted to sieze it under hooning laws
joe campbell said:
the part in this article about police taking your board is sadly not true... :( police can take your board if they feel that you could be breaking the law or just harming other pedestrians in the future.
im not sure whether this is all around australia or just in QLD so i might have to find out more about this.
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