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E-bikes – you either love them or hate them. Regardless of where you stand, there’s no denying they’re becoming more and more common on our roads and footpaths across New South Wales.
But what many people don’t realise is this: not all e-bikes are legal. And if you’re involved in an accident, your legal rights can depend heavily on the type of e-bike you’re riding, and how you’re riding it.
What Makes an E-Bike Legal in NSW?
In New South Wales, there are strict rules around what qualifies as a legal e-bike.
To be compliant, an e-bike must:
– Be primarily powered by the rider (not the motor)
– Have motor assistance capped at 25 km/h
– Stay within a maximum power output of 500 watts
However, this is set to change.
From August 2026, NSW will reduce the maximum permitted power output for e-bikes to 250 watts, aligning the state with the rest of Australia. New laws will also empower Police and Transport Authorised Officers to seize and destroy throttle-only, high-powered e-bikes, and introduce a minimum age requirement for e-bike use.
When an E-Bike Becomes a Motor Vehicle
If your e-bike exceeds these limits, relies mainly on motor power, or uses throttle control, the law may treat it as a:
– Moped
– Motorbike
– Motor vehicle
This means it must be:
– Registered
– Insured
– Operated by a licenced rider
Many high-powered e-bikes don’t meet Australian standards. If you’re riding one, it could be seized and crushed – and you could face significant penalties.
And importantly: all e-bike riders must wear a helmet.
Where Can You Ride?
E-bike rules also depend on your age and where you’re riding:
– Riders aged 16 and under can ride on footpaths
– Adults supervising a child can also ride on footpaths
– All other riders must use shared paths, bike lanes, roads
No matter where you ride, you must:
– Keep to the left
– Give way to pedestrians
Failing to follow these rules can result in fines and may also impact your legal position if you’re involved in an accident.
What Happens If You’re in an Accident?
The legal outcomes of an e-bike accident can be complex.
If you’re an e-bike rider hit by a car:
– The driver’s CTP (Compulsory Third Party) insurance may cover your injuries, even if you were wholly or mostly at fault
However:
– If you were breaking the law (e.g. not wearing a helmet or riding a non-compliant e-bike), your compensation could be reduced – or your claim denied altogether
If you’re a pedestrian hit by an e-bike:
– There is no CTP insurance available
– You’ll need to make a claim directly against the e-bike rider
What Insurance Might Cover You?
Depending on your situation, you may still have access to financial support through:
– Home and contents insurance
– Personal accident insurance
– Total and permanent disability (TPD) insurance within your superannuation policy
– Income protection policies (these benefits can also be within your superannuation policy)
Many people don’t realise these policies may apply, but they can make a significant difference after an accident.
Know Before You Ride
E-bikes offer convenience, efficiency, and fun – but they also come with legal responsibilities.
Before you ride, make sure your e-bike is compliant and that you understand the rules and keep abreast of the changes that are about to come into force. If you’re involved in an accident, getting the right legal advice early is crucial.
Strict time limits apply to some claims.
If you’re unsure about your rights or entitlements, speak to one of the experienced team at Nikolovski Lawyers.
Ride smart. Stay safe. And enjoy your e-bike – legally.
