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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Permalink Reply by John Olsson on
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i was just wondering not a racer but a skater non the less is there somewhere i can find the actual law that says police and security guards cannot confinscate boards ??? id like to carry a copy with me when i skate
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Permalink Reply by Timothy Shu on
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It's sort of the reverse of what you expect. You have to actually have a law that says you CAN confiscate. If they try to take it, ask under what act or power they are executing the confiscation.
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Permalink Reply by Robbo on
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A security guard is just a person that holds no more power than a normal citizen.
John Olsson said:
i was just wondering not a racer but a skater non the less is there somewhere i can find the actual law that says police and security guards cannot confinscate boards ??? id like to carry a copy with me when i skate
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Permalink Reply by jasper marshall on
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just wondering where its says -
'a road on which the speed-limit is equal to or less than 50 kilometres per hour;'is that where you can hit a speed of over 50 eg. 60kmh or is it where there is a sign saying the speed limit is over 50 e.g. 60?
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Permalink Reply by Philip and Hugh on
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dude everyone goes different speeds. i dont think the police would hire a longerboarder to go down hills and see if the speed of that hill is over 50. it's the signs bro
jasper marshall said:
just wondering where its says -
'a road on which the speed-limit is equal to or less than 50 kilometres per hour;'is that where you can hit a speed of over 50 eg. 60kmh or is it where there is a sign saying the speed limit is over 50 e.g. 60?
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Premium MemberPermalink Reply by Dave M on -
equal to 50kph = 50kph
less than 50kph I would think slower than 50 ie 40,30,20
talking about posted speed limits not what you can hit on a skateboard.
must be bored, this should not need an explanation
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Premium MemberPermalink Reply by Dani on -
HAHAHAAHHAHAHHAHA!
jasper marshall said:
just wondering where its says -
'a road on which the speed-limit is equal to or less than 50 kilometres per hour;'is that where you can hit a speed of over 50 eg. 60kmh or is it where there is a sign saying the speed limit is over 50 e.g. 60?
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Permalink Reply by Alex Ker on
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One time a few mates and I were skating along the side of the road at night.
Coppers coming on the other side of the road towards us speed up cut into our lane and brake hard in front of us and being yelling at us to get off the road.
Another time,way back before longboarding in the Zflex days, we were about to bomb this hill at 2 am, no helmet or safety equipment and the copper comes along and says "Nice, il see you boys in hospital later hey?" laughs and drives off
talk about inconsistent policing
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hi,
re question
Q - Do I have to be wearing a helmet?
A - No, but you might be considered stupid not to.You do have to wear a helmet, read Road Traffic Act. Section 162C and the helmet is defined as a bicycle helmet.
Fines can be found under the regulations
Road Traffic (Miscellaneous) Regulations 1999
Both the above apply to S.A. you also have to add on $60 for what they call Victims of Crime levy. so no helmet = $87 + $60 = $147
Had board taken. They can, they don' confiscate it, they seize it - this is different. They do it cos they say once I leave you will skate again so to stop that I am seizing it and for evidence. Once fine is paid then you can get it back as the evidence is no longer needed as you have not contested in court just paid.
Graeme.
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Permalink Reply by Alexander on
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that is true the police "SEIZED" my board cos i was according to my neighbours "endangering the public" all that happened was i did a toe side slide and some old fuck who was watching me stepped out and i clipped his foot. I tried to explain it to the police but they ingnored every word a nd "seized" my board. i didn't have to pay a fine but go to the station to pick it up and got an official warning from the PIGS.
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Permalink Reply by harold jackson on
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I just got back from NZ and you wont believe this but in New Zealand skate boards are classed as vehicles.......and fuk me your ALLOWED TO RIDE ON THE ROAD.............. restricted speed zones, open roads, Freeways the lot......your allowed on them ALL, you just gotta stick to the speed limits and abide by the road rules. BRILLIANT. unbelievable. The cops here can get stuffed. Any1 interested in buttboarding NZ this xmass let me know........ps they dont like it if u ride on the footpaths but Goddam it u can go jump on the freeway! I LOVE IT.
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Premium MemberPermalink Reply by Skittles on -
Didn't some of our guys just get $300 fines for riding on the road over there a couple of months back?
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