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: 71135
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Replies to This Discussion
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Permalink Reply by Mike River on
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so if you live in TAS, all you need is a quiver. Skate till you get busted, hand over your board. go home and skate another one till the impounded one gets released. I like this law! appeal your local council to get the same law passed through out australia!
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Permalink Reply by charles lee on
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will do
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Premium MemberPermalink Reply by Benbro on -
SA is now $87.
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Premium MemberPermalink Reply by Jake Elliott on -
I don't know if anyone is following the skateboarding legal group so I have posted this here as well
Can I be charged with public endangerment?
I was stopped by police for skating down a main road not holding up traffic, they cut in front of me and made me bail from my board and I tore my jeans and skinned my knee.
They then proceeded to make me have a breath test, I came under after waiting ten minutes, this is when I let them know I was not in control of a motor vehicle so it wouldn't stick anyway and proceeded to show them a copy of the road rules for wheeled recreational devices which I keep with me when skating.
They didn't give me a fine on the spot and said I would likely be charged with public endangerment, wasn't arrested and they let me go. I don't know if they will pursue this or if they were trying to scare me.
Some people I have chatted to about it think I should be placing a complaint against the police but I think this might instigate them and I don't wan't to wear more than I have to.
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Permalink Reply by Kanufi on
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I would let it go. They could of been out of line cutting you off and you also fell off and hurt yourself. The police are probably feeling as if you have been punished enough already.I would just chill on this one.
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Premium MemberPermalink Reply by Dani on -
Agree with Kanuffi. I doubt you will hear anything from them. If anything you might get a expiation notice in the mail. Not worth pushing their buttons unless they make life really hard for you.
Grab some hyper-fix.
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Premium MemberPermalink Reply by Jake Elliott on -
Thanks Kanufi and Dani
I only have a superficial graze but this hypafix stuff could come in handy down the track sometime, I see if the chemist stocks it, cheers Dani
Dani said:Agree with Kanuffi. I doubt you will hear anything from them. If anything you might get a expiation notice in the mail. Not worth pushing their buttons unless they make life really hard for you.
Grab some hyper-fix.
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Permalink Reply by stephen cummins on
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jake u think thats bad. i was cruising down a hill, and then the senior sargeant yells at me looks like the friggin devil himself and i had to report my details, and nearly got my longboard confiscated :/. out of all the officers. senior sargent? really?
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Permalink Reply by Timothy Shu on
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Bad luck, Stephen.
Seargent probably has to be an asshat all the time just to lead by example.
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Premium MemberPermalink Reply by Jake Elliott on -
That's pretty shit Stephen, keep it in mind that they are not allowed to take your property.
I think that some of the cops were previously bullied kids in school and now they think they can get their own back under the guise of law enforcement.
The thing I did do in hindsight was act smart to them by handing them the road rules with the biggest grin on my face, probably inflamed the situation at the time.
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lol understandable :D i would have 2. cop that you clowns
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Premium MemberPermalink Reply by Brendan Andrews on -
Thats awesome! cheers mate.
knew security guards cant touch me or my stuff, but they still try!
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