This instrument is the Motor Vehicle Standards (Road Vehicles) Amendment Determination (No. 1) 2021.

This instrument commences on the day after it is registered.

This instrument is made under section 5B of the Motor Vehicle Standards Act 1989.

Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.

Schedule 1—Amendments

Motor Vehicle Standards (Road Vehicles) Determination 2017

1 Subsection 5(1)

Omit:

(1) In this Determination:

Substitute:

In this instrument:

2 Subsection 5(1)

Insert:

electrically power-assisted cycle means an electrically-powered pedal cycle with a maximum continued rated power of 250 watts of which the output is:

(a) progressively reduced as the cycle’s speed increases; and

(b) cut off, where:

(i) the cycle reaches a speed of 25 km/h; or

(ii) the cyclist stops pedalling.

motorised mobility device means a wheeled chair that:

(a) is designed to be used by one person only; and

(b) is designed to assist a person who is unable to walk, or has difficulty walking; and

(d) has a steering control; and

(e) has a maximum governed speed of 10 km/h; and

(f) has a minimum of three wheels.

3 Subsection 5(1) (definitions of motorised scooter and motorised wheelchair)

Repeal the definitions.

4 Subsection 5(1)

Insert:

personal mobility device means a device that:

(a) is designed to carry one person only; and

(b) has one or more wheels; and

(d) has an effective stopping system, including one or more of the following:

(i) brakes;

(ii) gears;

(iii) motor control; and

(e) is not capable of exceeding 25 km/h on level ground when propelled by motor; and

(f) has a footprint of no more than 1250 mm by 700 mm; and

(g) is not more than 1350 mm in height; and

(h) has an unladen mass of 60 kg or less; and

(i) is not equipped with:

(i) any object or fitting not technically essential to the device that protrudes from any part of the device in a manner that likely increases the risk of bodily injury to any person; or

(ii) any object or fitting that, because it is pointed or has a sharp edge, likely increases the risk of bodily injury to any person.

5 Subsection 5(1) (definition of power-assisted pedal cycle)

Repeal the definition, substitute:

power-assisted pedal cycle means a vehicle, designed to be propelled through a mechanism primarily using human power, that:

(a) meets the following criteria:

(i) is equipped with one or more auxiliary propulsion electric motors;

(ii) cannot be propelled exclusively by the motor or motors;

(iii) has a combined maximum power output not exceeding 200 watts;

(iv) has a tare mass (including batteries) of less than 35 kg;

(v) has a height-adjustable seat; or

(b) is an electrically power-assisted cycle;

but does not include a vehicle that has an internal combustion engine.

6 Subsection 5(1)

Insert:

tare mass has the meaning given by Vehicle Standard (Australian Design Rule – Definitions and Vehicle Categories) 2005, as in force from time to time.

7 Subsection 5(1) (definition of wheelchair)

Repeal the definition.

8 Section 6

Repeal the section, substitute:

6 Classes of vehicles that are not road vehicles

Vehicles of the following classes are not road vehicles for the purposes of the Act:

(a) agricultural machines;

(b) golf carts;

(d) miniature motorbikes;

(e) motorised mobility devices;

(f) motorised recreational devices;

(g) personal mobility devices;

(h) power-assisted pedal cycles;

(i) quad bikes;

(j) tracked vehicles.