Illegal E-Bikes in NSW: Why It’s a Problem, What Can Go Wrong and Why More Needs to Be Done

 Illegal E-Bikes in NSW: Why It’s a Problem, What Can Go Wrong and Why More Needs to Be Done

Frustration in the Community

More and more, parents and regular citizens are buying “e-bikes” for their children often fast, powerful machines that don’t comply with NSW legal requirements. These bikes may look cool, more capable, maybe even “fun”, but when they exceed legal limits or have been modified/“unlocked”, they cross the line from legal e-bikes to effectively motor vehicles. The distressing part is how lightly they often escape enforcement, especially when used by minors. Many people (pedestrians, drivers, cyclists) feel unsafe. Parents may believe the product is road-legal or assume a small tweak (like removing a speed limiter) isn’t a big deal. But when something goes wrong, when someone is hit or a crash happens the legal, ethical and safety consequences can be severe.

What the Law Actually Requires

To quickly recap for clarity (from Transport for NSW and related sources):

• There are two permitted categories of e-bikes:
• 1. Power-Assisted Pedal Cycles: motor power up to 200 watts, rider must pedal, motor cannot be the only source of propulsion. (Transport for NSW)
  2. Electrically Power-Assisted Cycles (EPACs / Pedelecs): continuous rated motor power up to 500 watts, motor assistance must cut off at 25 km/h (or when the rider stops pedalling beyond ~6 km/h). (Transport for NSW)
• If an e-bike is over those power/speed thresholds or can be driven solely by the motor (throttle only), then it’s treated as a motor vehicle under NSW laws. That brings in heavier regulation (registration, licensing, insurance, etc.). (Transport for NSW)
• NSW Police are responsible for enforcing road transport offences for illegal e-bikes. The government is also reviewing definitions and regulations to better align with safety and standards. (NSW Government)

What Is Being Done (and Where It Falls Short)

There are occasional crackdowns, operations and fines. Some examples:

• Operation Kilowatt (Sydney’s Northern Beaches, June–July 2025). 305 e-bike compliance checks, 28 noncompliant e-bikes identified; 32 penalty notices issued; warnings for young riders; adult riders cautioned. (Bicycle Network)
• Frequent reports of bikes being modified, speed limiters being disabled (“unlocked”) or people riding on footpaths, often at dangerous speeds. (News.com.au)

But still, many illegal bikes appear everywhere: on shared paths, footpaths, bush tracks, roads where children ride them. Enforcement is patchy. Many users are likely never checked. Parents may not understand specs or how modifications affect legality. Police resources are limited; proving that a specific e-bike was illegal (e.g. modified, speed limiter removed or continuous power > legal limit) requires technical inspection, evidence, etc.

What Happens If an Illegal E-Bike Crashes with a Pedestrian or Hits a Car

Here’s where things get complicated and scary.

Situation	Who can be held responsible?	What are the legal remedies / risks?	Key difficulties / uncertainties
Pedestrian is hit and injured by an illegal e-bike	The rider of the e-bike could be liable in civil law for negligence (personal injury). If the e-bike is considered a “motor vehicle” under the law (due to its illegal specs), there could even be criminal charges (reckless driving, if relevant).	The pedestrian may sue the rider for damages, medical costs, loss of income, pain & suffering. Possibly insurance might be involved if that e-bike is treated like a motor vehicle. But often, illegal e-bikes have no specific insurance cover. The victim might rely on the rider’s personal liability (if the rider has assets) or public liability if other parties involved (but usually not).	Hard to identify rider (if no registration, no distinguishing marks). Proving the bike’s illegal status (modified, speed/power exceeded) may require expert evidence. Insurance may refuse claims if the bike was used illegally. Victims often have weakened legal recourse.
Illegal e-bike hits a car or causes property damage	Rider is responsible for damage. If the e-bike is classed as a motor vehicle, then more severe penalties may apply.	Owner or rider may have to pay for damage, possibly face fines, possibly criminal charges if reckless. But again, insurance may not cover an illegal bike.	Proving fault, identifying the bike person, showing illegal specs. The rider might disappear, might have no insurance, or the owner might disclaim responsibility (if the child or minor).
If the illegal e-bike causes fatality or serious injury	Criminal liability (e.g. dangerous driving causing death, even manslaughter) could be considered depending on circumstances. Civil liability (family claim) is possible.	Strong impact: jail time, huge monetary damages, lifelong consequences for families. But outcomes depend heavily on evidence.	Again, real question is whether police or authorities investigate properly: Was the bike illegal? Was the rider intoxicated? Did the bike have identifying features? Also, unregistered or uninspected bikes complicate everything.

Why Insurance & Identification Are Big Problems

• No insurance / no registration: Many e-bikes (especially illegal ones) are unregistered and have no insurance arrangements similar to what a car requires. In a crash or collision, the injured party has to rely on the rider’s personal resources (if known), which often are minimal.
• Hard to identify rider: Illegal e-bikes often come with no registration number, no licensing, no identifiers. If someone hits a pedestrian and rides off, tracing who was riding can be nearly impossible.
• Modifications & “unlocked mode” complicate proof: Even if a bike is sold or promoted as “legal mode”, many models can be modified or unlocked to exceed limits. In any collision scenario, the law and courts will likely require technical, expert evidence showing what the bike was capable of, or was set to at the time, which is difficult and expensive.

Why Parents & the Community Must Be Involved

• Buying decisions matter: A product advertised as “road legal” may only be “legal” when in a certain mode; some companies allow or suggest you can switch to an “unlocked” mode. Buying such a bike for a child without fully understanding limitations risks putting the child (and others) in harm’s way.
• Supervision & education: Children often don’t understand technical details or risk. Parents should insist on compliance: verified specs, continuous rated power ≤ legal limits, speed limiters, assistance behaviour, etc.
• Demanding better enforcement: If the community presses for accountability calling council, contacting local police, pushing for regular operations like Kilowatt this can increase deterrence.

What Should Be Done

1. Stronger, regular enforcement with visible penalties: More operations like Operation Kilowatt, more fines, more bike seizures, more destroyed bikes (where illegal), particularly focusing on minors riding illegal e-bikes.
2. Mandatory certification & tighter oversight of sales: For any seller to claim “road-legal”, they should be required to provide an official, verifiable certificate for the specific model / unit. Retailers should be held accountable if selling non-compliant machines marketed as legal.
3. Better tracking & registration system: Even if an e-bike is legal, having a simple registration or marking scheme would help in tracing offending bikes and identifying riders in case of accidents.
4. Parent & public education: Many people likely don’t know exactly what “500 W continuous” or “motor cut-off at 25 km/h” means or what modifications do. Clear public campaigns, school programs, etc.
5. Clarify liability laws: Courts, legal aid and legislature should clarify what happens when an e-bike that does not meet legal specs is involved in a crash. Make it easier for victims to claim compensation; ensure criminal laws apply when necessary.

 

Enough Is at Stake

Illegal e-bikes aren’t just a technicality, they’re a safety risk. You put pedestrians, cyclists, drivers, children and yourself at risk when a bike doesn’t meet legal specs. It’s one thing to ride fast or have a bit of extra ability; it’s another thing to endanger others, especially when law enforcement is inconsistent. When a child rides a powerful modified e-bike on a footpath or at high speed, with no registration or insurance, the risks and consequences are disproportionately high.

If nothing changes and if more powerful, modified e-bikes continue to be bought and given to children and if enforcement remains sporadic then accidents won’t just cause damage; they will lead to tragedies. The fallout won’t just be physical but legal and moral.

Let’s demand better clarity, better laws, better enforcement. Not just so we protect children but so we protect everyone.

References & Where to Find More Information

• Transport for NSW, “E-bikes” (Requirements for what is permitted vs illegal) (Transport for NSW)
• NSW Government: “A safer pathway for the future of e-bikes and e-scooters” (NSW Government)
• “Sydney cracks down on illegal e-bike riders” – Operation Kilowatt results (Bicycle Network)
• News stories on “fat bikes” and dangerous riding in the Northern Beaches (News.com.au)

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