NSW Fair Trading is set to implement an Australian-first Information Standard for lithium-ion battery powered e-micromobility devices – part of efforts to protect consumers from the safety risks of this increasingly popular transport option.
Information Standards regulate what guidance and warnings are provided to consumers about goods and services, with an aim to keep purchasers informed of the risks products carry and how they should be used to avoid those risks.
E-micromobility products include e-scooters, e-bikes, e-skateboards, self-balancing hoverboards and their associated chargers.
If retailers in New South Wales do not provide product guidance mandated by an Information Standard, they could be subject to penalties of up to $5,500 for each breach.
NSW Fair Trading’s proposed Information Standard for lithium-ion battery-powered e-micromobility devices will provide consumer advice and warnings on:
- Fire safety and emergency procedures – identifying signs of a fire and procedures to be followed in case of an emergency
- Electrical safety – warnings for consumers about lithium-ion batteries, battery charging and warnings against modification of the device
- Product storage – information on safe storage and protection from environmental hazards
- Use, service and repair – information about safe use practices, what to do if there is any damage to the device, and details about service and repair centres
- Road rules – information urging consumers to check the road rules applicable to their device
- End of life – best practices for disposal of devices and lithium-ion batteries
The forthcoming Information Standard, which is expected to be introduced in early 2025, will support the new product safety standards for lithium-ion e-micromobility devices.
The safety standards announced in early August require e-bikes, e-scooters, hoverboards and e-skateboards to meet new testing, certification, and marking requirements, and will be introduced in a staged process from 1 February 2025.
The product safety standards are intended to curb the fire-risks associated with lithium-ion e-micromobility devices by ensuring low quality and dangerous versions of these products cannot enter the market and be sold on to unwitting consumers.
Retailers, manufacturers and suppliers will face fines of up to $825,000 for not complying with the new safety standards.
E-micromobility products were the single largest group of lithium-ion battery-powered devices associated with fires in 2022 and 2023, with Fire and Rescue NSW recording 90 incidents related to the products in those years. There have been 72 fire-incidents connected with e-micromobility products in 2024.
This work by NSW Fair Trading complements the regulatory work for batteries being undertaken by the NSW Environment Protection Authority.
NSW Fair Trading is consulting with industry stakeholders and government agencies to determine what should be included in the Information Standard. The public can provide input on the Have Your Say website until 6 December 2024.
New South Wales Minister for Better Regulation and Fair Trading, Anoulack Chanthivong, said that the state needs to ensure it has a robust regulatory framework to keep consumers safe from the potential harms posed by some lithium-ion battery-powered products.
“This Information Standard is another step in building that framework and will provide consumers with the information they need to stay safe when using e-micromobility devices,” Minister Chanthivong said.
“The New South Wales Government looks forward to working with, and hearing from stakeholders and the public, about what they think consumers need to know before they buy an e-bike or other e-micromobility product.”
New South Wales Minister for Transport, Jo Haylen, said that as the state moves towards legalising the use of e-scooters and other micro-mobility devices on its roads, it is vital to ensure these devices are up to standard and pass strict safety standards.
“Ensuring that high quality lithium-ion battery-powered devices are the only ones available on the shelves will keep people safe,” Minister Haylen said.
Commissioner of NSW Fair Trading, Natasha Mann, said that NSW Fair Trading has been working closely with consumers, industry, and other government agencies to ensure people are protected from the risks posed by lithium-ion e-micromobility products.
“While new product standards for manufacturers, retailers, and suppliers are set to come into effect from 1 February next year, an Information Standard will give people access to the guidance they need when purchasing one of these products,” Ms Mann said.
“These changes are about empowering consumers to make informed decisions when they first buy a product and knowing how to use it safely through the product’s life.”
Local government response
The Local Government Association of New South Wales (LGNSW) has welcomed the release of draft rules supporting the safe use of e-scooters but warned that ongoing consultation with councils is critical.
LGNSW Rural/Regional Vice-President, Mayor Phyllis Miller, said that it was important that the State Government developed a clear and comprehensive regulatory framework to adequately address safety, infrastructure, and enforcement concerns.
“We welcome the release of the E-micromobility Action Plan as a roadmap in legalising e-scooters and we’re pleased that the draft document recognises many of the concerns raised by local government,” Mayor Miller said.
“Councils manage key infrastructure such as roads, cycleways, parks and open spaces, playing a key role in engaging with local communities on matters such as road safety.
“For this reason, it’s critical that the New South Wales Government consult closely with the sector about e-mobility regulation and related challenges.”
The release of the regulations come as hearings took place for the State Government Parliamentary Inquiry into the use of e-scooters, e-bikes and related mobility options. LGNSW appeared on behalf of the state’s 128 councils.
Mayor Miller said that councils recognised the rising popularity of e-mobility devices such as e-scooters and e-bikes and said the devices reflected community demand for more economic, efficient and sustainable transport options.
“Councils support e-mobility growth through programs such as the current shared e-scooter trials and e-bike arrangements in parts of New South Wales, but we urge the State Government to further address some of the safety and regulation challenges these devices present.”
Mayor Miller said that safety concerns included:
- Risks posed by improper parking and reckless riding on shared paths and walkways
- Conflicts between conventional cyclists, and those on e-scooters and e-bikes
- Speed regulation of privately owned e-devices and the young age and inexperience of many riders
- Rising incidence of lithium-ion battery fires
- Enforcement of helmet use
- Potential legal liabilities related to injuries
Another concern was that the current infrastructure was not equipped to accommodate the expected increase in e-mobility device usage.
“Infrastructure to support this is expensive. The costs of shared paths are estimated at $1.5 million to $3.5 million per kilometre, which is beyond the capacity of councils,” Mayor Miller said.
“Councils will need funding and support to expand and maintain safe cycling lanes, shared paths, and appropriate parking solutions to ensure the safe integration of e-scooters and e-bikes into the transport network.
“LGNSW would encourage the government to think about the outcome it would like and match its investment to that outcome.”
Mayor Miller said that more enforcement of road rules would be required, with greater NSW Police involvement needed to ensure compliance. A statewide education campaign would also be necessary to promote responsible use and enhance public awareness.
Mayor Miller said that she was pleased the New South Wales Government had made clear in its communications that it would be engaging with experts, advocacy groups and other stakeholders to seek feedback on the draft rules.
“We particularly welcome the State Government’s commitment that councils will remain empowered to determine whether shared e-scooter schemes are permitted in their LGAs.
“LGNSW looks forward to working closely with the State Government on refining the plan.”
