Road laws for skaters
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The Road Rules relating to pedestrians are set out in Part 14 of the RS Act; included within that part are specific divisions relating to persons travelling in or on wheeled recreational devices and wheeled toys (div 2) and on electric personal transporters (div 3). There is a section (rr 240–244B) in the Road Rules specifically for wheeled recreational devices.
Skateboards, scooters, and in-line and other rollerskates are all included in the definition of a ‘wheeled recreation device’. Users of these items (generally termed ‘skaters’ in this section) are usually considered to be pedestrians and not riders or drivers. Accordingly, the majority of the Road Rules already discussed in this chapter do not apply. For example, there is no requirement for skaters to wear protective headgear.
However, when it comes to riding scooters on a road or road-related area, scooter riders must wear protective helmets, unless they have a VicRoads certificate. The scooter must also have a brake, warning device and, when travelling at night or in hazardous weather conditions, front and rear lights and a reflector the same as on bicycles (rr 244B(4), (5)) (five pu).
Wheeled recreational devices (e.g. skateboards) must not be used on the following kinds of roads:
roads with a dividing line or median strip;
roads that have a speed limit greater than 50 kph; and
one-way roads with more than one marked lane (r 240(1)) (two pu).
The exception is where a skater is crossing the road (r 240(3)).
On other types of road, a skater must keep as close to the left side as practicable and must not travel more than two abreast with other pedestrians or vehicles, unless overtaking (r 241) (two pu).
Also, wheeled recreational devices must not be used on a road at night (r 240(2)) (two pu).
‘Road’ in rules 240 and 241 includes the ‘shoulder’ (see ‘Roads and road-related areas’, above, for the definition of ‘shoulder’).
When travelling on a footpath or shared path, a skater must keep as far left as practicable and give way to pedestrians (‘pedestrian’ here does not include other skaters, people on segways or children on ‘wheeled toys’) (r 242(1)) (two pu).
For a skater using a bicycle path or a separated footpath (defined above in ‘Riding on paths and bicycle lanes’), rule 243(1) says that a skater must not be on that part of the path designated for pedestrians unless the skater is crossing the path by the shortest, safe route and does not stay on the path for longer than necessary to cross safely (two pu). Skaters must also keep out of the way of riders (r 243(2)) (two pu).
Finally, skaters, like riders, are prohibited from being towed by a moving vehicle, holding onto a moving vehicle, or travelling within two metres of the rear of a moving motor vehicle continuously for more than 200 metres (r 244) (two pu).
There are many other prohibitions in the Road Rules that also apply to skaters, because they fall within the definition of ‘pedestrians’ including:
failing to obey traffic signals (rr 231, 232) (two pu);
failing to cross a road, railway line or tram tracks by the shortest and safest route (rr 230, 233, 234, 235, 235A) (two pu); and
causing a traffic hazard by moving into the path of a driver (rr 236(1), (2)) (one pu).
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The City of Melbourne regulates the use of ‘toy vehicles’ within its boundaries, including prohibiting their use in certain areas. Clause 1.12 of the Activities Local Law 2024 (‘Local Law’) defines a ‘toy vehicle’ as:
equipment designed to be propelled on land by human power and includes a skateboard, scooter, rollerskates and in-line skates, but does not include a bicycle (which has the same meaning as in the Road Rules).
Clause 2.3 of the Local Law states that a person must not:
use or allow to be used a toy vehicle so as to endanger, intimidate or unduly obstruct or hinder any other person or vehicle lawfully using or intending to use the same area; or.
ride a toy vehicle in an area prescribed by the Council in accordance with Clause 2.4 or in breach of a prescription made by the Council under Clause 2.5.
Prescription 12-2024 contains maps showing where the riding of ‘toy vehicles’ is prohibited, and they are Burston Reserve (opposite Parliament House), the entirety of the paved area around the State Library, the Hub @ Docklands and the Docklands Community Hub Reserve (bounded by Collins Street, Waterfall Walk and Harbour Esplanade) and Lincoln Square in Carlton. See www.melbourne.vic.gov.au/acts-and-local-laws, then scroll down to ‘Prescriptions’.
Part 17 of the Local Law sets out the offences including for any person who fails to comply with the Local Law and if the matter goes to court a fine of up to 20 pu can result (plus two pu per day for continuing offences). However, an authorised council officer may decide to issue an infringement notice and there is a 0.5 pu infringement for ‘misuse of toy vehicles’ (i.e. breaching clause 2.3) set out in Schedule 1 to the Activities Local Law. Authorised officers can also confiscate items (see Local Laws cls 17.17–17.20).
Road laws for skaters
Chapter: 6.9: Road law for cyclists, skaters and scooters
Contributor: Dr Dru Marsh, Senior Adjunct Lecturer, Public Service Research Group, School of Business, UNSW Canberra; Night Service contributor, Fitzroy Legal Service, and Glenn Osboldstone, Senior Lawyer, DTP Legal
Current as of: 1 September 2024
Law Handbook Page: 600
Next Section: General road laws
