Mobility scooters and motorised wheelchairs occupy an odd position on Queensland's footpaths. They are motorised, they can weigh more than the person riding them, and they share space with pedestrians, yet for years nobody was sure whether they were "vehicles" for insurance purposes. Queensland has now answered the question with a registration scheme built for them. Here is where it leaves the user, and the people around them.

Key points

  • A motorised mobility device used on a footpath or road-related area in Queensland must be registered; registration is free and includes CTP insurance.
  • To qualify, the device must not exceed 15 km/h under motor power on level ground, and a mobility scooter must weigh no more than 170 kg unladen.
  • A registered device's CTP covers injury the user causes to others; a user injured by a car claims against that car's CTP insurer in the ordinary way.

The registration scheme

Queensland requires a motorised mobility device, a motorised wheelchair or a mobility scooter, to be registered if it is used on a footpath or road-related area. There is no fee: no registration charge, no plate fee, no CTP premium. There is no minimum age. The device must be one that, propelled only by its motor, cannot exceed 15 km/h on level ground; a mobility scooter must also have an unladen mass of no more than 170 kg, and heavier scooters cannot be registered. Registration is done through the Department of Transport and Main Roads.

The point of the scheme is the insurance. A registered motorised mobility device is automatically covered by compulsory third party insurance, so that a user who injures another person is not personally liable for the compensation.

If a mobility scooter user is hit by a car

The user is in the same position as a pedestrian or cyclist: the claim lies against the CTP insurer of the vehicle at fault, under the Motor Accident Insurance Act, with the same nine-month notice period and the same heads of damage. The user's age and pre-existing mobility limitations affect how the injury is assessed, not whether it can be claimed; an injury that takes away what independence a person had is a serious injury on the scale.

If a mobility scooter user injures someone

Where the device is registered, its CTP insurance responds, and the injured pedestrian claims against that insurer in the same way as against a car's. Where the device was not registered when it should have been, the position is the same as for any uninsured vehicle: the injured person can claim against the Nominal Defendant, which then has a right to recover what it pays from the device's owner or user. That is the risk unregistered use carries.

Road rules for users

Users of motorised mobility devices are subject to the road rules that apply to them: they use footpaths and shared paths, keep left, give way to pedestrians, and may only use the road where there is no footpath or it is impracticable to use one. A user injured while breaking those rules may face an argument of contributory negligence, which reduces rather than bars a claim.

Devices that cannot be registered

A scooter that exceeds the speed or weight limits cannot be registered and is not a mobility device for these purposes. Depending on its specifications it may be a vehicle that cannot lawfully be used on a footpath at all, and a user who injures someone with it may be personally liable. Check the specifications before buying.

Frequently asked questions

Do I have to register my mobility scooter in Queensland? Yes, if you use it on a footpath or road-related area. Registration is free and includes CTP insurance.

I was knocked over by a mobility scooter. Can I claim? Yes. If the scooter is registered, against its CTP insurer; if it is not, against the Nominal Defendant. The notice deadlines for CTP claims apply.

Does a mobility scooter user need a licence? No licence is required and there is no minimum age for registration, but the road rules for motorised mobility devices apply.

Sources

  • Queensland Government, Register a motorised mobility device (motorised wheelchair or mobility scooter) — qld.gov.au
  • Transport Operations (Road Use Management—Road Rules) Regulation 2009 (Qld), Part 15 Division 3 (rules for users of motorised mobility devices) — legislation.qld.gov.au
  • Motor Accident Insurance Act 1994 (Qld), ss 31 (Nominal Defendant), 37 (notice of claim), 58 (recovery from owner or driver of uninsured vehicle) — legislation.qld.gov.au
  • Department of Transport and Main Roads, Wheelchairs and mobility scooters: a guide for safe travel in Queensland — tmr.qld.gov.au