The NSW Government has been urged to mandate that private owners of any e-mobility device have insurance, including third-party insurance, and that e-scooter programs run by local councils in NSW are conducted only by companies which offer adequate insurance for hirers.
"It is necessary to progress this reform now," said Genevieve Henderson, NSW President, Australian Lawyers Alliance. "Despite the growing frequency of use of e-mobility devices in NSW, regulations, registration requirements and insurance requirements are yet to keep up.
"This reform will become especially urgent if the NSW Government allows privately-owned e-scooters to be ridden on public roads and in public areas in the future. Although this is effectively already happening with e-scooters and powerful e-bikes known to be injuring pedestrians on both suburban and city footpaths across NSW."
Ms Henderson today told the NSW parliamentary inquiry into the use of e-scooters, e-bikes and related mobility options that reforms and updates to the relevant legislation, regulations, policies and contracts are essential.
"E-scooters can and do cause significant injury and there have been increases in e-scooter accidents in Australia in the last 12 months. E-mobility devices are heavy and can travel at speed making the risk of serious injury high," said Ms Henderson.
"Many who use an e-mobility device are probably unaware that they put all their assets, including their home, on the line if they cause injury to someone else while using that e-mobility device. E-mobility device users need insurance cover to avoid being sued personally.
"Similarly, those who are run down by an e-mobility device could suffer serious injury and yet be left to meet their own lost wages and medical bills.
"No one should be in the position of losing their own home after being the innocent victim of the negligent use of an e-mobility device by an impecunious, uninsured e-mobility device operator."
The Australian Lawyers Alliance says that protections are needed to ensure that anyone injured by an e-mobility device can receive treatment and fair compensation for their injuries.
