Queensland's new ebike licence law threatens independence of older riders

Lea-Anne Martin says buying her first ebike 14 years ago set her free. For decades the 67-year-old was dependent on Brisbane’s patchy, infrequent and unreliable public transport system to get around.

These days, with her ebike, Martin can manage trips up to 25km away from her house, taking her as far as Redcliffe’s beaches, her local shops, friends and family.

“My bike gives me such a feeling of independence. I don’t have to wait for a timetable, train or bus, or if it’s even running on the weekend,” she says. “I don’t need my husband to drop me off. I can do it by myself.”

Active transport groups and experts say ebikes have become popular among older people, with the pedal assist helping people overcome any physical limitations.

But new nation-first Queensland legislation could challenge that. On Monday, Queensland will become one of the first jurisdictions in the world to require a driver’s licence to ride an ebike in public.

Martin says she will either have to abandon her ebike or get her first driver’s licence in her 60s. Other older Queenslanders may be banned entirely if they have become medically unable to drive a car.

The co-owner of EveryBody eBikes, Andrea Herklots, says older Australians make up the majority of the customers of her specialist store, which adapts and customises the vehicles to suit the needs of some riders.

“The number of prospective riders has just ballooned upwards,” Herklots says.

She says many of her customers are older people wanting to stay fit and healthy into retirement.

“Everybody knows that you need to keep moving to regain or to retain the muscle strength that you’ve got.”

‘It’s the only way I get out’

Clive Bassett, 82, surrendered his drivers’ licence for medical reasons years ago. As a result, he cannot reapply for one.

From Monday, under Queensland law, that means he can also no longer ride his ebike with friends. His family is concerned that without it he will be cut off from the world, and denied his primary form of exercise.

“It’s the only way I get out of the house,” he says. “I ride about five times a week and try to do over 100k a week.”

He will now need to apply for a medical exemption to the state’s licence requirement.

The AMA Queensland president, Erica Gannon, says there are currently no appropriate clinical guidelines to determine if someone is safe to ride an e-mobility device, making it difficult for doctors to issue medical exemptions.

“Doctors are also concerned about their legal risk if a patient has a crash and the impact on their therapeutic relationships with patients if they refuse to sign the exemption form,” Gannon says.

Without a clear way to keep riding, the Bicycle Queensland chief executive, Matt Burke, says the laws could even lead some people to unsafely retain their licence longer, to preserve their independence.

At 75, Queenslanders are required to get a medical certificate to keep their driver’s licence, renewed annually.

“Seniors are often using the safest of safe bike paths and they are not our fastest riders,” Burke says.

“We are going to have seniors holding on to their licences and driving and that won’t be good for anyone.”

Aside from requiring a driver’s licence, the new laws also set a minimum age of 16, give the Queensland police new powers to seize ebikes, and set a 12km/h speed limit for riding near pedestrians, among other changes.

The state government has justified its licensing obligation as a way to ensure that only people who have the capacity to operate an ebike does so.

Queensland’s minister for transport, Brent Mickelberg, said at the weekend that: “For too long, young hoons and young hooligans have held communities to ransom, and we made a commitment to ensure that we tackled this very challenging issue.”