Aussies reminded of a little-known road rule that could cause you to lose your driver’s licence

Drivers who hop on their e-scooter instead of getting behind the wheel of a car after drinking alcohol still risk significant penalties, including losing their driving license.

At least two people have lost their driving licences for offences while using an e-scooter, according to Jess Lyons, legal adviser for employment and traffic claims at Slater and Gordon.

“While there are differences between the rules of the road for two and four wheels, there is still a lot of overlap and there are penalties for breaking the rules,” Lyons said.

‘While there are different rules for e-scooters across Australia, the rules regarding alcohol and drug use are largely the same as those for motor vehicle operators across all states and territories.

‘Drivers must not have a blood alcohol level (BAC) higher than 0.05 and must not be under the influence of any prohibited substances.

‘In Queensland, drivers can be fined if their BAC is over 0.15. In all states, this can result in fines, court appearances and the loss of your driver’s license.’

Ms Lyons said different states have different rules for operating an e-scooter.

In Western Australia, Queensland, ACT and Tasmania, e-scooters are allowed on cycle paths, shared paths and some local roads.

People riding e-scooters must always wear a helmet. Photo: NewsWire /Brendan Beckett

E-scooter riders must stay on the sidewalk in most states. Photo: NewsWire/Brendan Beckett

E-scooter riders must stay on the sidewalk in most states. Photo: NewsWire/Brendan Beckett

However, cyclists are only allowed to ride on roads where the speed limit is higher than 50 km/h, on roads with separated lanes or on paths marked ‘no wheeled vehicles’.

Meanwhile, in New South Wales, Victoria and South Australia, it is illegal to ride privately owned e-scooters on public roads and footpaths.

“If you drive in a prohibited area in New South Wales, Victoria and South Australia you could face serious penalties including fines, court appearances and the potential suspension of your driver’s licence,” Lyons said.

E-scooters may only be used on private property unless riders are part of designated trial areas in NSW and Victoria.

In terms of speed, cyclists in Queensland, Western Australia and the Australian Capital Territory are allowed to ride at a maximum of 25 km/h on cycle paths, shared paths and local roads. A lower speed applies on footpaths.

In Tasmania, e-scooters are allowed to travel at a maximum speed of 15 km/h on footpaths and 25 km/h on roads and cycle paths.

E-scooter riders could be fined for speeding. Photo: NewsWire / David Crosling

E-scooter riders could be fined for speeding. Photo: NewsWire / David Crosling

Ms Lyons said drivers should always be aware of their speed when riding an e-scooter.

“Just like in a car, if you drive an e-scooter too fast, you could get a hefty fine. You could even have your licence revoked, like a man in Queensland who was caught on camera in 2022 doing 94km/h while trying to get to work on time without a helmet,” she said.

“He was fined $575, plus the minimum penalty for dangerous driving: a six-month suspension of his driver’s license.”

E-scooters must be registered and have compulsory third-party insurance if used outside private property.

Helmets are also mandatory in all states and territories.