New E-Bike Laws In NSW: Police Seizure Powers

Bikes zipping past pedestrians on the footpath and even swerving between cars on the road are becoming increasingly common. It is not that cyclists are becoming far faster, but that their bikes are electrically powered – commonly called e-bikes.

E-bikes have become a widely used and sought after form of transport, especially for young people. They essentially provide the benefits of a moped at a far discounted price and can be easily bought. However, buy your teenager the wrong bike this Christmas and it may end up as scrap metal.

Since 21 August 2026, NSW Police and Transport for NSW authorised officers have had the power to seize non-compliant e-bikes from public places and have them destroyed, with no obligation to give them back.

The Road Transport Amendment (Non-registrable Motor Vehicles) Act 2026, passed by Parliament in late May 2026, has been wielded as an especially blunt and powerful tool. Developments in e-bike technology is rapidly developing, so understanding the laws and regulations surrounding these advancements is essential. The question is no longer whether police can seize your e-bike: it is whether your bike is on the right side of the line.

What Makes An E-Bike Legal In NSW?

The legal category of an e-bike is a pedal-assisted bicycle, which have specific requirements.

The motor must be capped at 250 watts, reduced from the previous 500 watt ceiling to bring NSW into line with other states. Power assistance must cut out entirely at 25 km/h. This means that after this speed is reached, the e-bike must simply become a regular bike. The bike must have functional pedals that serve as the primary source of propulsion. That is, the motor assists the rider rather than replacing them.

Throttles are a bone of contention for most matters. A throttle is only permitted as a walk-assist function up to 6 km/h. Any throttle that will move the bike faster than that without pedalling makes the device illegal, regardless of what a seller tells you.

There are also equipment requirements: a bell or horn, functioning brakes, a red rear reflector, and a white front light and red rear light visible from at least 200 metres for night riding.

Compliant bikes should meet the EN 15194 standard, which NSW is adopting after a transition period. This is the official European product safety specifications, which outline strict limits on motor power and speed.

Furthermore, lithium-ion batteries must meet new safety standards introduced following a run of fires.

Ordinary bicycle road rules still apply: helmets are mandatory, riders aged 16 or over cannot use footpaths unless supervising a child under 16, and footpath riding is limited to 10 km/h, with maximum penalties of up to $2,200.

Why An Illegal E-Bike Is A Serious Problem

If a device falls outside the pedal-assisted category, the law does not treat it as a bicycle: it treats it as a motor vehicle. This classification makes it subject to its own laws, regulations, and penalties in New South Wales.

Riding a motor vehicle in a public place without registration and without compulsory third-party insurance are separate offences under the Road Transport Act 2013 (NSW), and riding without an appropriate licence is another. The fines are substantial, and for a second offence of unlicensed driving, there is a maximum penalty of 12 months imprisonment along with license disqualification. For a rider under 16, there is no licence available to hold, which means compliance is always impossible.

Insurance is an issue that constantly affects riders, but many do not understand it. If you injure a pedestrian while riding an unregistered, uninsured motor vehicle, there is no CTP policy standing behind you. This means that you are personally exposed to the claim and may be liable to compensate a claimant.

When Can Police Seize a Bike?

The new powers apply to non-registrable motor vehicles and unregistered registrable vehicles used in public places. In practical terms, if a device performs like a motorbike rather than a bicycle, it can be taken.

Enforcement at the roadside is now backed by technology, and NSW is a pioneering state in this aspect. NSW is the first to deploy portable dyno units, imported from Europe, which measure power output and test whether assistance actually cuts out at 25 km/h. A bike that has been electronically restricted by software but is capable of more is not compliant: this is exactly what the dyno is designed to expose.

Critically, what has changed is the next step. Previously, permanently removing a vehicle required a lengthy court process designed for high-powered cars and motorbikes. The new regime simplifies that. Devices that are high-powered, non-compliant or modified, and which cannot be registered, may be forfeited and therefore not returned to their owners at all. The Government has described it as a no second chances approach. This is a blunt legislative tool and affords very little discretion to transgressors.

Section 79A of the Road Transport Act gives power to a police officer or another authorised officer to seize a motor vehicle if the officer has a reasonable suspicion that the motor vehicle is a non-registrable motor vehicle, and a person used it on a road or public place within the last 28 days.

A “non-registrable motor vehicle” means a motor vehicle, other than a vehicle exempted from registration under the Road Transport Act that does not have a vehicle identification number clearly stamped, embossed or otherwise permanently marked on a substantial part of its frame or chassis, being the number allocated to the vehicle under an Australian Design Rule adopted by the statutory rules, and because of the vehicle’s design or construction, does not comply with the vehicle standards prescribed by the statutory rules for any motor vehicle, and is, consequently, incapable of being registered (section 4(1) Road Transport Act).

When a motor vehicle is seized, a person may request that items in or on the vehicle be returned that are not part of the vehicles design or construction. For examples, pannier and baskets on powered bicycles and GPS devices that are easily detachable from it.

A motor vehicle seized may, subject to the statutory rules, be impounded and moved to a place determined by the Commissioner of Police or Transport for NSW.

The police officer or other authorised officer must ensure that, as soon as practicable after a motor vehicle is impounded under subsection (4), notice of the impounding is given to the person whose suspected use it led to it’s seizure, and if the person is less than 16 years of age and a parent or guardian of the person can reasonably be located- a parent or guardian of the person. to avoid doubt, a motor vehicle may be impounded even if a parent or guardian of a person who is less than 16 years of age cannot reasonably be located.

A police officer or another authorised officer may, pursuant to section 255A of the Road Transport Act, by written notice (a surrender notice) direct a person to surrender a motor vehicle if the officer has a reasonable suspicion that it is a non-registrable motor vehicle, and a person used it on a road or public place within the last 28 days.

An application pursuant to section 79B of the Road Transport Act can be made within 14 days after the motor vehicle is seized or surrendered to apply to the impounding authority for its return.

Section 255B of the Road Transport Act gives a police officer or another authorised officer to direct a driver of a vehicle on a road or public pace that the officer reasonably suspects is a non-registrable motor vehicle to stop, and/or inspect the vehicle to determine whether is a non-registrable motor vehicle. Failure to comply with this or obstructing or hindering police officer or other authorised officer in the exercise of this function attracts up to 20 penalty units.

What Has Changed, And What Is Still Coming

The seize and crush powers sit within a broader package of police powers and legislative reform. The recent initiative by police, Strike Force Puma, continues to target organised e-bike and e-motorbike rideouts. Further, modified e-bikes have been banned from trains and the metro over fire risk, and a minimum age limit for e-bike use is in the works.

Separately, from 14 August 2026, shared e-bike operators must obtain Transport for NSW approval and authorisation from the relevant council before deploying fleets, with penalties reaching $55,000 for non-compliance, and councils gaining powers over no-go zones, go-slow zones and parking.

Objections

The most substantial criticism concerns the loss of judicial oversight and the overreach of police powers. Destruction of property previously required a court process. While the process was slow, it existed because permanently depriving someone of property is a serious step that should be considered a last resort. The new regime moves that decision into the hands of police and transport officers at the roadside with an unfettered discretionary power. This puts the practical burden falling on the owner to do something about it.

Many also express disapprovals about how many purchasers are innocent and undeserving. Not every non-compliant e-bike is a deliberately modified machine. Plenty have been sold by Australian retailers and online sellers to buyers who assumed a bike on a shop floor must be road legal. Retailers are now obliged to specify compliance, but a device bought in good faith can still be seized and destroyed, and the financial loss sits with the buyer rather than the seller.

Further, many who are caught by these powers depend on e-bikes. Operation Moorhead saw 36 devices seized and charges laid against 25 juveniles aged between 11 and 16. Food delivery riders, often on tight margins and sometimes with limited English, are another group squarely in the enforcement path. As such, many question whether the enforcement is disproportionate considering the issue the legislation seeks to address: reckless and dangerous usage of e-bikes.

The rise of e-bikes will necessarily cause a rise in policing and more aggressive legislating, and the landscape surrounding this issue will almost certainly evolve.