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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Replies to This Discussion
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Premium MemberPermalink Reply by Dani on -
Then you kindsly inform him that you are a small wheeled, recreational toy not a vehicle. The only punishment the police can legally give a skate is a fine for whatever law he is braking. Be it riding on a lined road, at night, on a road with a speed limit over 50ks or all of the above.
Simple.
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Permalink Reply by mack daddies daddie on
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handy man to know dani ............evin better to skate with if they come ......
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Premium MemberPermalink Reply by Dani on -
If in doubt, call that number I just posted.
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Premium MemberPermalink Reply by Oliver Dowie on -
Cops can do what they want. Seriously. If you try to argue or tell them then wrong then they just get angry and make it worse for you. And charge you with something else.
Have you ever had a bad cop Dani? You can't stop them bending you over.
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Premium MemberPermalink Reply by Dani on -
I have had plenty of bad cops. Infact the other week one defected Leighs car and seized his camera. We went staright itno the cop shop, made sure he got the photos he wanted and got the camera back. I would NEVER hand my gear over toa cop. Never.
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yes at the end of the day on the street at the time when its happening they do what ever they want and make rules up as they go .........they have fines that are the same as other fines and and made it so you dont get 1 fine but 3 or 4 is the biggest money making scam in the world
the only reason i think my cops left is cuz he was pretty much yellin at me then i said .......why are you yelling at me and said aloud so that his tape could hear that im just standing there and not disagreeing with him .....i then asked him why he was still ranting and raving about it cuz it was about his 3rd round and that we just wanted to leave ......then he stopped his rant i asked him if we could go and he said yes
the recorder thing is bull shit i have been done with it befor .............if they start goin off best u can do is what i did i reakon ......cuz they are recording u.................... if u say aloud what ur doin like i did i asked him why he was yelling at us and that we where just standing there listening not disagreeing........ at least then they cant keep yelling and then calmness leads to bein able to leave so it does help .......
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Permalink Reply by Georgio Gee Gee Arakelian on
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Are there any rules against car parks?
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car park is private property ....so yeah u can get kicked
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Premium MemberPermalink Reply by Lachlan Cashman on -
Depends on the carpark.
If its a public carpark security/police have the right to make you leave and if its private you can be fined, regardless of whether your skating or not you are trespassing.
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Permalink Reply by Danesh Rustomjee on
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is it aloud to skate on the bicycle path at all?
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Premium MemberPermalink Reply by Skittles on -
it's part of the road...
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ok then haha true that :)
Tim (Skittles) said:
it's part of the road...
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