Electric bikes or 'e-bikes' are an increasingly popular form of transportation in Australia, offering a convenient, cost-effective and environmentally friendly alternative to traditional motor vehicles. The two types of e-bikes are throttle electric bikes and pedal assisted electric bikes ("pedelecs").
The following outlines the legal status of e-bikes across Australia, including what distinguishes e-bikes from other motorised vehicles and the laws in each State and Territory regarding where e-bikes can be ridden, whether you need a helmet to ride one and whether drink-driving laws apply to electric bikes.
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What are Throttle Electric Bikes vs Pedal-Assisted Electric Bicycles?
E-bikes are bicycles that are equipped with an electric motor to assist whilst pedalling. There are two main types of electric bikes: pedelecs and throttle-assisted e-bikes, each with distinct characteristics. Pedelecs or pedal-assisted electric bicycles which are also known as "power assisted pedal cycles" or" electrically powered assisted cycles" provide motor assistance only when the rider is actively pedalling, ending assistance when the bike reaches a speed of 25 km/h. In contrast, throttle electric bikes allow the rider to activate motor assistance independently of pedalling, typically using a handlebar-mounted throttle and allowing for consistent motorised speed.
Australian Electric Bikes Laws Per State
Other than electric scooter laws in NSW, Australian law generally recognises e-bikes as 'bicycles' rather than 'motor vehicles' (such as motorbikes), provided they meet specific criteria. The criteria for distinguishing e-bikes from other vehicles can be found in the relevant road safety legislation in each State and Territory including the Road Safety Road Rules 2017 (Vic), Road Rules 2014 (NSW), Transport Operations (Road Use Management—Road Rules) Regulation 2009 (Qld), Road Traffic Act 1961 (SA), Road Traffic Code 2000 (WA), Road Rules 2019 (Tas), Traffic Act 1987 (NT) and Traffic Regulations 1999 (NT), as well as the Road Transport (Safety and Traffic Management) Regulation 2017 (ACT).
Across jurisdictions, to be classified as a bicycle, an e-bike motor must only provide assistance when pedalling and assistance must cut off once the bike reaches 25 km/h. Generally, electronically power-assisted cycles (or 'pedelecs') must have a maximum power of 250W, whilst throttle assisted e-bikes are limited to a maximum of 200W.
It is important to note that e-bikes exceeding these limits (such as those modified for higher power outputs) may be classified as 'motor vehicles' requiring registration, licensing and insurance for legal operation. If classified as a motor vehicle an e-bike will also not be able to ride in approved cycling areas, such as bike lanes. Riders using modified or non-compliant e-bikes could be subject to significant fines.
Are Throttle Electric Bikes (ebikes) Legal in NSW?
Throttle e-bikes are generally illegal to ride if it allows the rider to activate motor assistance independently of pedalling. In contrast, power assisted pedal cycle e-bikes are legal if the combined maximum power output is no more than 200 watts, it cannot be propelled only by motor, weighs less than 50kg (including batteries) and has a heigh-adjustable seat. Electrically powered assisted cycles are legal to ride if it has a maximum continues rated power of up to 500 watts where the power output is progressively reduced as the bicycle's speed increases beyond 6km/h but is cut off when it reaches a speed of 25km/h and when you stop pedalling and the speed exceeds 6km/h.
These e-bikes are legal to ride on roads, dedicated bike lanes and shared paths, subject to state and territory laws. Typically, e-bikes meeting national standards are allowed on standard bicycle infrastructure such as bike lanes as well as local roads, however there is some variability across jurisdictions for other road types.
E-bikes are prohibited on freeways and highways in Victoria, NSW and South Australia. Similarly, NSW explicitly restricts e-bike use on motorways. Other states, including Queensland, Western Australia, Tasmania, Northern Territory and the ACT, allow usage broadly on all roads, bike lanes and shared paths unless otherwise indicated.
It should be noted that local councils in across jurisdictions may impose additional restrictions in specific areas, and riders are expected to comply with local signage and traffic controls. E-bike users should also remain aware that while access is generally permitted, rules around speed limits, right of way, and pedestrian priority still apply on all shared roads.
Riding an e-bike in areas not allowed by local laws could result in fines between $25 – $350 depending on the jurisdiction.
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Are Petrol-Powered Bicycles Legal?
Petrol-powered bicycles are illegal in New South Wales on NSW road or road related areas such as footpaths, shared paths, cycle ways and cycle paths. Petrol-powered bicycles that are illegal include bicycles that have a petrol-powered engine connected before or after purchase and are powered by other types of internal combustion engines.
Do You Need To Wear A Helmet on an Electric Bike?
Yes, in Australia wearing an approved helmet is mandatory when riding an e-bike, regardless of the State or Territory. This is because e-bike riders must comply with the same helmet laws that apply to regular bicycle riders.
Helmets must comply with the Australian/New Zealand Standard (AS/NZS 2063:2008) which covers specifications for impact protection, retention systems, field of vision and ventilation. This standard ensures that helmets offer a minimum level of safety in the event of a crash, with only helmets displaying the appropriate certification sticker considered legal for use.
Failure to wear an approved helmet when riding an e-bike can result in fines between $50 – $362 depending on the jurisdiction.
Alcohol and E-Bike Riding
In Australia, e-bike riders are subject to alcohol restrictions similar to those governing motor vehicles, although specific rules vary by jurisdiction.
Since their availability, both e-scooters and e-bikes have contributed to a considerable spike in alcohol-related injuries in Australia. As such, law enforcement has an increased focus on the enforcement of alcohol-related laws applying to e-bikes.
As a general rule across Australia, riders must not operate e-bikes under the influence of alcohol (or other drugs) to an extent that it impairs their ability to maintain proper control.
While Victoria applies explicit blood alcohol concentration (BAC) limits similar to motor vehicle operators (usually 0.05%) for e-bikes, other jurisdictions focus primarily on whether the rider is impaired or incapable of exercising effective control, rather than a specific BAC. Impairment is typically assessed based on observable signs such as erratic riding, poor coordination or failure to respond to traffic conditions.
Whilst not the same as drink driving penalties, the penalties for riding an e-bike while intoxicated include fines ranging from around $100 (Western Australia) to as much as $2,200 and potential imprisonment (in NSW and Tasmania), along with possible licence disqualification. It is therefore advisable for e-bike riders across Australia to be cautious in their consumption of alcohol if they plan to utilise their e-bike.
FAQ
Speed limit for electric bikes in Australia
The maximum speed limit in Australia subject to local road rules is 25 km/h (15.5 miles per hour). This limit applies when the motor is used to assist. Electronic bicycles are prohibited from traveling at a speed higher than 25km/h whilst using the motor power alone.
Do you need a licence to ride electric bikes?
You do not need to have a licence to ride an electric bicycle provided that it meets the requirements of a legal e-bike in Australia.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
