Death of Perth pedestrian in e-scooter crash sparks calls for overhaul of rules
- Replies 15
Pressure is mounting for a major overhaul of Western Australia's e-rideable laws following the death of a pedestrian in Perth's CBD on the weekend after he was hit by an e-scooter.
It is alleged British tourist Alicia Kemp was three times over the legal blood alcohol limit when her rented e-scooter ploughed into a 51-year-old man at the weekend.
Thahn Phan suffered critical injuries and later died in hospital.
Ms Kemp has been charged with causing death while driving dangerously under the influence of alcohol.
The incident has sparked debate about e-scooter regulations in WA, with Mr Phan's family calling for a review of safety measures for hired e-rideables.
"The whole thing is upside down," he told ABC Radio Perth.
"Number one, they've put the pedestrians last. Number two, they've invented some penalties which are a joke. Number three, there's absolutely no enforcement."
Mr Scruby said introducing a ban on e-scooters on footpaths was one way to prevent further harm.
"Very few other states or territories allow [e-scooters] on a footpath or even a shared path," he said.
"In the old days … [footpaths] were there to protect people from vehicles. Now we're inviting vehicles onto them, and they're high-speed vehicles."
He said another solution could be to implement bans in the Perth city centre and other areas of high pedestrian traffic.
"We have very strict regulations about the speed of e-scooters … and power of e-scooters, but its obvious we need to do more on compliance," she said.
But Ms Saffioti said of equal concern was the modification of private e-scooters.
"We have rules and regulations in relation to using e-scooters, but it's clear that some are modified and that they're roaming the streets," she said.
"I'll talk to the minister for road safety [about] how we can do a joint compliance blitz, in particular in relation to the modification, because that seems to be the real issue."
It found that crash rates were relatively low, but many pedestrians felt unsafe using footpaths after experiencing near-misses.
The report stated there was a "concerning" lack of compliance with e-rideable road rules, noting incidents of speeding, riding without a helmet and failing to give way to pedestrians.
It recommended increased enforcement to encourage compliance on the roads, and a review of penalties for e-rideable offences, which were found to be weak in comparison to other states and territories.
According to data from Royal Perth Hospital, between 2017 and 2022, 74 people either suffered a major head injury resulting from an e-rideable that requiring hospitalisation for more than 24 hours or died.
In WA, e-scooters are permitted to reach up to 25 kilometres per hour on shared paths, bicycle paths and roads with a speed limit of 50 kph or less, but only 10 kph on footpaths.
They are banned from pedestrian malls, on roads with a speed limit above 50 kph or roads with a median strip, and any road or carriageway with a 'no bicycles' sign.
Only one rider can use the scooter at a time, and they must be over the age of 16.
In Queensland, the ACT and Tasmania, riders can be fined up to $150 if they are caught without a helmet, but in WA the penalty is just $50.
Queensland also slashed the maximum speed limit for e-scooters on shared paths from 25 kph to 12 kph in late 2022 following concerns about pedestrian safety.
Overseas, Korea, Spain and Sweden have banned e-rideables from footpaths completely.
Only hire scheme e-rideables are permitted in the UK, while in Paris it is the opposite, with only private devices allowed.
WA's Police Minister has urged people to use e-scooters like they would a vehicle on the road.
Reece Whitby said e-scooters were not toys and people should remember they can be dangerous.
"There's got to be personal responsibility, you can't be an idiot, you cannot be drunk, you cannot be reckless, you cannot speed, you can't have a pillion passenger, you cannot not wear a helmet," he told ABC Radio Perth.
He confirmed the state government would review the regulations around hiring e-scooters, particularly in entertainment precincts like Northbridge, Hilarys, Scarborough and Mandurah.
"I want to consult with local government, and the operators about geo-fencing these devices so they can't be used in certain areas, at certain times, at certain speeds," he said.
"We'll also look at restrictions on the type of devices being imported into the country, which is a discussion with the Commonwealth and other states."
He also said there'd look into what more could be done to enforce compliance.
By Phoebe Pin
It is alleged British tourist Alicia Kemp was three times over the legal blood alcohol limit when her rented e-scooter ploughed into a 51-year-old man at the weekend.
Thahn Phan suffered critical injuries and later died in hospital.
Ms Kemp has been charged with causing death while driving dangerously under the influence of alcohol.
The incident has sparked debate about e-scooter regulations in WA, with Mr Phan's family calling for a review of safety measures for hired e-rideables.
The use of e-scooters in Perth is under growing scrutiny amid fears for the safety of pedestrians. (ABC News: Glyn Jones)
Penalties a 'joke'
Pedestrian Council of Australia chief executive Harold Scruby said pedestrians had been left out of the conversation of e-scooter safety."The whole thing is upside down," he told ABC Radio Perth.
"Number one, they've put the pedestrians last. Number two, they've invented some penalties which are a joke. Number three, there's absolutely no enforcement."
Mr Scruby said introducing a ban on e-scooters on footpaths was one way to prevent further harm.
"Very few other states or territories allow [e-scooters] on a footpath or even a shared path," he said.
"In the old days … [footpaths] were there to protect people from vehicles. Now we're inviting vehicles onto them, and they're high-speed vehicles."
He said another solution could be to implement bans in the Perth city centre and other areas of high pedestrian traffic.
'Need to do more': deputy premier
WA's Deputy Premier Rita Saffioti said it was clear not everyone was following the rules."We have very strict regulations about the speed of e-scooters … and power of e-scooters, but its obvious we need to do more on compliance," she said.
Thanh Phan died in hospital after being hit by an e-scooter in Perth's CBD on the weekend. (Supplied)
But Ms Saffioti said of equal concern was the modification of private e-scooters.
"We have rules and regulations in relation to using e-scooters, but it's clear that some are modified and that they're roaming the streets," she said.
"I'll talk to the minister for road safety [about] how we can do a joint compliance blitz, in particular in relation to the modification, because that seems to be the real issue."
Lack of compliance
It comes after WA's Road Safety Commission last month released a review of the state's e-rideable road rules.It found that crash rates were relatively low, but many pedestrians felt unsafe using footpaths after experiencing near-misses.
The report stated there was a "concerning" lack of compliance with e-rideable road rules, noting incidents of speeding, riding without a helmet and failing to give way to pedestrians.
It recommended increased enforcement to encourage compliance on the roads, and a review of penalties for e-rideable offences, which were found to be weak in comparison to other states and territories.
Rita Saffioti says it is clear not everyone is following the rules when using e-scooters. (ABC News: Jake Sturmer)
In WA, e-scooters are permitted to reach up to 25 kilometres per hour on shared paths, bicycle paths and roads with a speed limit of 50 kph or less, but only 10 kph on footpaths.
They are banned from pedestrian malls, on roads with a speed limit above 50 kph or roads with a median strip, and any road or carriageway with a 'no bicycles' sign.
Only one rider can use the scooter at a time, and they must be over the age of 16.
Varied fines
There is little consistency in e-scooter laws and penalties across Australia.In Queensland, the ACT and Tasmania, riders can be fined up to $150 if they are caught without a helmet, but in WA the penalty is just $50.
Queensland also slashed the maximum speed limit for e-scooters on shared paths from 25 kph to 12 kph in late 2022 following concerns about pedestrian safety.
Overseas, Korea, Spain and Sweden have banned e-rideables from footpaths completely.
Only hire scheme e-rideables are permitted in the UK, while in Paris it is the opposite, with only private devices allowed.
Reece Whitby said e-scooters were not toys and people should remember they can be dangerous.
"There's got to be personal responsibility, you can't be an idiot, you cannot be drunk, you cannot be reckless, you cannot speed, you can't have a pillion passenger, you cannot not wear a helmet," he told ABC Radio Perth.
He confirmed the state government would review the regulations around hiring e-scooters, particularly in entertainment precincts like Northbridge, Hilarys, Scarborough and Mandurah.
"I want to consult with local government, and the operators about geo-fencing these devices so they can't be used in certain areas, at certain times, at certain speeds," he said.
"We'll also look at restrictions on the type of devices being imported into the country, which is a discussion with the Commonwealth and other states."
He also said there'd look into what more could be done to enforce compliance.
By Phoebe Pin
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