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: 13856
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Replies to This Discussion
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Permalink Reply by Jesse Martin on -
thanks for this
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Permalink Reply by Keelan Smith on -
so we cant longboard on roads with lines? even in the left lane with the speed limit only 20kph?
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Premium MemberPermalink Reply by Dani on -
Read what it says...
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Permalink Reply by Angus Allen on
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I'm pretty sure thet's what it says Keelan. It's a bit silly, isn't it? Keep rippin' it up though! At least you're not burning (very much) rubber, creating Co2's and destroying the atmosphere!
Keelan Smith said:so we cant longboard on roads with lines? even in the left lane with the speed limit only 20kph?
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Permalink Reply by brock herman on -
if you are on a road that is signed at under 50km/hour is that as fast as you can go?
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Permalink Reply by Jake Home on -
Well if its a 50km speed limit then all road devices by law should be abiding the speed limit.
So if a copper gets you going over the speed limit he is obliged to fine you.
However, less cops are going to be hanging around isolated downhill spots trying to nab skateboarders when they should be on the highway making sure goons aren't flying and endangering other cars.
brock herman said:if you are on a road that is signed at under 50km/hour is that as fast as you can go?
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Permalink Reply by Will Smith on -
We're not road devices though, we're classified as as pedestrians/toys so they can't pull you up for speed. BUT if you're going really fast they'll pull out some shit like obstructing traffic or a danger to the community
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Permalink Reply by liam cooper on
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I was stopped by police in Qld and told that i wasn't allowed to skate between the hours of 9pm and 6am, This was because there were no lights on the board. I said that i would get lights but it was just a blanket rule and even if i got lights it is still not allowed.
Robbo said:Fair call, I'll look more closely at it
Odiwan said:"Q - When can I use my skateboard?
A - During daylight hours"
I believe that the only place you can't ride at night is on the road. You can ride on allowed paths and to cross the road at night, just not along the road. That is just me splitting hairs, seeing as how this discussion is about pedantic silly laws and all...
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Permalink Reply by Daniel Bahnemann on -
A few days ago in Cairns Nth Qld, a Backpacker was booked for downhilling the Kuranda Range.
I too dowhill that road and other hills.
It was in the newspaper (a small article) I was told.
He was booked with "dangerous something of a vehicle" or something dangerous.
I cant see why this happened.
As this is a sport, that is internationally and nationally recognised with competitions and international championships, sponsorship opportunities, club memberships, etc.....what is the cops f@#ken problem?!
We are being creative, expressing ourselves in a form that is dangerous yet beautiful.
We are not all alike, some people are not satisfied to live their lives watching others or the tv.
We need standardised rules that allow us our human rights freedom and also help to protect us and others in the vicinity.
Can you explain why he may have been booked?
I am thinking maybe he was crossing the centreline, I am not sure but as a guess that would be illegal....and stupid.
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ASRA AdminPermalink Reply by Bugs on -
If he takes that one to court he'll win because a skateboard is not legally a vehicle.
The cops booked him because they don't like skateboarders on roads, not because he was doing anything illegal.
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Permalink Reply by Daniel Bahnemann on
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The problem is the system is set up to protect police.
It is cheaper to pay the fine then take it to court.
And the cops get paid for the time in the court room.
And this is why in this country, we have distain for our government and police, when in some other countries they are respected and cheered.
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ASRA AdminPermalink Reply by Bugs on -
I agree, except I'm not sure in which countries people cheer the police.
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