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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ASRA AdminPermalink Reply by Bugs on -
Graeme, the police story that they need the skateboard to:
- stop you from committing an offence, and
- as evidence
is bullshit. What they did is illegal. If they ever ask for your board again, I recommend saying, as politely as possible "I don't give you consent to take my board". Just keep saying it if they try and convince you otherwise, but if they make a move to grab it off you, let them. Never let yourself get in a physical struggle with the cops - you'll get yourself in a world more trouble.
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Permalink Reply by Alexander on
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the board is your property (i hope) and they therfore cant take it into there possesion usless it has been used for an "act of crime" the cops cant take it off you for just skatin on the road even if you endanger traffic or padestrians they have got to have a seisure claim to take it but like bugs said if they try to take forcibly LET THEM!
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Permalink Reply by tommy hughes on
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a security person got fined for taking my board because i was holding it inside a shopping centre after he tried to take it from me
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Permalink Reply by KJ Robinson on
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cheers mate, i'll keep this in mind next time some cocky security guard tries to fine me for sitting on my board outside red rooster
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Permalink Reply by Jordannn on
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If we have approval from the council for a event, and the police show up, we can show them the council approval and they wont shut us down right? Queensland by the way.
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In order to get Council approval for a legitimate event, you'll have to also get Police approval, with Traffic Management plans, to go with the application to Council. You can put your initial application into Council, but it won't move until you get Police approval.I'm in Qld, and this is the proceedure here, and as far as I'm aware, this process applies in every state.
Hope this helps.
Jordannn said:If we have approval from the council for a event, and the police show up, we can show them the council approval and they wont shut us down right? Queensland by the way.
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Premium MemberPermalink Reply by Skittles on -
In your case, it's a legal road and the council has just said that they are okay with it happening, it is within the law. If the police come along they have no right to shut you down unless there has been a complaint (the council letter will mean nothing in that case) or you are doing something that is against the law or endangering other people. (again, council letter means nothing)
Most cops will be fine with you skating on a legal road in a safe manner.
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what about the velodrome in nerang on the gold coast. do we have to have permision to hold an event there??
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Permalink Reply by Evan Johnston on
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thanx man, i always skate down a one way road (right next to a cop station) and the cops always say that its illegal and they could give me a fine.... i will tell them to get f**ked
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Permalink Reply by Timothy Shu on
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You probably shouldn't do that Evan, it's better to have the cops on your side especially when another member of the public has a problem with you. Wouldn't it be sweet if the cops (who are your friends) come over and tell that person to fuck off.
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I was just wondering today, while out on a quiet back road in Brisbane, a man stopped us after my friend had a stack and tried to tell us that what were were doing, was illegal. we were riding on road with no dividing line. after i explained to him that we were breaking no laws he said we were creating a risk, because after my friends stack his skateboard slipped out from under his feet and continued for 20m down the hill.
what are the laws that we would be breaking in this situation? or are we breaking laws at all?
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