Why does Sydney have such a big e-bike problem, and how do we fix it?

Over the past few years, illegal e-bike usage in New South Wales has proliferated. 

The Sydney Children’s Hospital Network has issued warnings to parents, with e-bike related injuries having increased by a third in the last year. 

Following the death of an e-bike rider last week, Premier Chris Minns announced changes to the law are on their way. The NSW Liberals have followed suit, declaring their own suite of proposed reforms on Monday. But will either of these schemes do enough to seriously combat illegal e-bike use?

What is the problem?

In New South Wales, there are strict rules dictating what qualifies a street legal e-bike. These include:

• A limit on battery power to 500 watts,

• A motor that shuts off once it reaches 25km/h,

• A ban on throttles: the bike can only move if someone is pedalling.

However, what may be an illegal e-bike — with features such as 1000 watt batteries, no motor speed limiter, and throttles — can still be purchased for use on private property and offroad.

In July, NSW Police reported that they commonly see these illegal e-bikes being used on Sydney streets.

There is also currently no age limit on the use of e-bikes in New South Wales. 

Where does the problem start?

Rules for illegal use or modification of e-bikes are enforced by the NSW State government, but the issue began back in 2021 due to a change in federal law. 

Previously, e-bikes imported into Australia had to qualify under a specific set of rules — the same rules used in the EU — meaning we could only import bikes that were street legal.

Under the oversight of Barnaby Joyce, then Minister for Transport, these requirements were scrapped, leading to an influx of the e-bikes seen on Sydney streets today.

What now?

Last Tuesday, Premier Minns announced the power limit for legal e-bikes would be lowered from 500 watts to 250 watts. 

When asked whether this change will affect riders who already have e-bikes with up to 500 watt batteries, a Transport for NSW spokesperson said “the updated rules are expected to take effect within months and will be done in consultation with retailers and the community to ensure a fair transition.”

Will it work?

While supportive of the move, Bicycle NSW CEO Peter McLean told the Lorikeet this change “won't materially affect things too much.” 

McLean claims a relatively small portion of 500 watt e-bikes have actually been purchased and sold in New South Wales, and that the real issue lies with those already using e-bikes illegally.

Alternative solutions

Jacqui Scruby, the independent member for Pittwater, also told the Lorikeet this change won’t achieve much. Scruby’s electorate of Pittwater is one of the areas most affected by the issue.

• “The problem that we're seeing at the moment is not legal e-bike use at 500 watts … pretty much everyone is riding around on bikes that far exceed 500 watts, far exceed the 25 kilometre speed limit”.

While the batteries on legal e-bikes are supposed to stop working once the bike hits 25kmph, this limiter can simply be turned off on some bikes. For other bikes, illegal modification to disable this limiter is a simple process.

Since earlier this year, Scruby has advocated for a licensing scheme for e-bikes similar to boats or cars. 

Libs raise a hand: On Monday morning, the NSW Liberals announced a policy similar to Scruby’s, committing to introduce a license plate scheme for riders under the age of 18. 

In response, Scruby has said that “a licence plate alone won’t fix the problem”, re-affirming her push for full licensing and registration.

McLean, on the other hand, sees the issue largely as starting and ending at the federal level. 

• “The government regulating a license scheme would cost tens of millions of dollars”, he told the Lorikeet.  

• “Regulating the end user isn't always the best approach. We want to regulate higher up the pipeline, where the importers are being regulated and the bike shops are being regulated.”