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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Permalink Reply by Loki Dixon on
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awesome very discriptive
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Permalink Reply by Felix Stawman on
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cheers for the info, i was talking to a couple of cops and he said they didn't really care about long boarders bombing hills unless you are causing a disturbance and to the public or the safety of other pedestrians.
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Permalink Reply by Daniel Sinanian on
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Sounds like one of the few nice cops out there, Felix
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Permalink Reply by HOltzy on
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As a trained (however, no longer practising) security guard, I know EXACTLY what another guard can and cannot do. You are not trespassing if:
A) You have a reason to be there (as in a lawful one)
B) You have NOT yet been told to leave (once asked to leave by the owners/security guards/any one else that has been given permission by the land owner to enforce a trespass law). Once asked to leave, you MUST comply or you will now be trespassing.
In the case of being busted for riding in a prohibited area, clear and well posted signage enforcing the rule MUST be present.
Don't be scared of Security, in the words of my security trainer/assessor: "Security guards have no special power. We just know our laws and what we can and can't do... Which is no different to what any other human can and can't do."
Security can no more justify placing their hands on you or your property (provided you are not breaking the law) than a random person walking down the street can.
So next time Security comes up to you acting mightier than thou, just ask: "So what can you actually do, that any normal person can't ?"
ps. (If I get caught telling you this, I will prolly lose my license, but what the hell. If this aint sharing the stoke, I dnt know what is)... If you get arrested by security there are two things that will help you avoid prosecution. One is a common mishap that Security guards tend to do, the other you can do yourself....
1. If the security guard arrests you, but does not read you your rights, he/she is carrying out an unlawful arrest. (Don't tell them that they forgot or they'll just read you your rights and mess up the loop hole for you. You gotta wait till you get interviewed by the Police to bust out that little cherry. The charge will be dropped due to unlawful arrest)
2.If the Security Guard actually does remember to read you your rights, all you have to do is not say a word and DO NOT appear to acknowledge him when he says the final line "...do you understand ?". This throws a spanner in the works for the guard as he doesn't operate within the same laws as a Police Officer, but rather as a Civillian.
Security Guards legally cannot search you and, my personal favourite, A security guard MUST maintain line of sight (they must be able to see you the whole time) during a pursuit. All you gotta do is make sure they've lost sight of you for a few seconds and they are completely powerless to pursue you. They MUST terminate the pursuit.
Hope there is some good usable info in there for you guys and girls :)
Peace
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Premium MemberPermalink Reply by Dani on -
Nice one man!
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Permalink Reply by alex edmondstone on
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We had this problem at our slid jam, we held it on Albert road which has no lines no median strip and the speed limit is 50. These old farts rang the cops and he came and told us the old people were just causing problems. So he left. They rang again.. This time it was an older grumpier cop he told us off and said if everyone there wasn't out of the suburb in 10 minutes he would arrest all of us. Jonny Hurn who was the oldest had his I'd taken. We had the legislation taken from sweep to show them. But half the group was getting lunch so no one had the legislation to show. That ended our slide jam...
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Should have just asked him to explain the law he was trying to enforce. Then if he gets mad, ask him for his badge number and the number of the station he's from as you would like to enquire as to the validity of the charge. They shit themselves almost ALL the time and dissappear quick, or just try and reason with you. Don't be scared of the cops, just NEVER lose your cool... It's the worst thing you can do.
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Permalink Reply by joel sisson on
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he is not issued to give out fines and also he can only do so if there are signs saying that you are not allowed to skate. but a $500 fine is abit high for such a small offence. i have been fined $300 before for leaving thane lines on the road but that was later investigated and the cop was suspended for afew weeks and i was refunded my $300. if i were you, i would be polite and follow orders as you dont know whether he will give you a fine or not. keep skating :)
Hoppa said:I was longboarding in uni today and got stopped by the security, he told me that it's not allowed in uni and i could be issued a 500 dollar fine. whaaat?!
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Premium MemberPermalink Reply by haggy on -
You got fined for laying down thane lines?!! If it wasn't so ridiculous it would be hilarious... Good to hear that the fine was revoked...
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i tried to explain to him that they wear off but he was arrogant as hell! he wouldn't even let me get a word in
haggy said:You got fined for laying down thane lines?!! If it wasn't so ridiculous it would be hilarious... Good to hear that the fine was revoked...
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I would have been the biggest smartass man. I would have got his badge number and the station where he worked. A small call to his superior would have pulled him in line. I can't wait to be stopped when I get my GoPro. I'll just let him rant then tell him he's being filmed HAHAHAHA
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