As mentioned above, skateboards, scooters, and in-line and other rollerskates are all included in the definition of "wheeled recreational devices". Users of these items (generally termed "skaters" in this section) are considered to be pedestrians and not riders or drivers. Accordingly, the majority of the Road Rules discussed above do not apply. For example, there is no requirement for skaters to wear protective headgear.
However, as discussed above, when it comes to riding scooters on a road or road related area, riders must wear protective helmets, unless they have a Vicroads certificate. The scooter must also have a brake, warning device and, when travelling at night or in hazardous weather conditions, front and rear lights and a reflector the same as on bicycles (RR.244B(4) and (5); max. penalty: 5 pu).
There is a section in the Road Rules specifically for skaters and other users of wheeled recreational devices: Division 2 of Part 14 (RR.240–244B) (see also: "Who and what do the Road Rules cover"). Wheeled recreational devices may not be used on roads with a dividing line or median strip, which have a speed limit greater than 50 kilometres per hour, or which are one-way roads with more than one marked lane (RR.240(1); max. penalty: 2 pu). The exception is where the skater is crossing the road (RR.240(3)). Also they must not be used on a road at night (RR.240(2); max. penalty 2 pu).
On other types of road, the skater must keep as close to the left hand side as practicable and must not travel more than two abreast with other pedestrians or vehicles, unless overtaking (RR.241; max. penalty: 2 pu). "Road" in RR.240 and RR.241 includes the "shoulder" of the road, which is defined as "an area (not being part of the road) adjoining the road that is open to or used by the public for driving, riding or parking motor vehicles and to which no parking control sign applies" (RR.12(3)).
When travelling on a footpath or shared path, the skater must keep as far left as practicable and give way to any pedestrians ("pedestrian" here does not include other skaters or children on "wheeled toys") (RR.242(1); max. penalty: 2 pu).
For skaters using a bicycle path or a separated footpath (defined above in "Use on footpaths, shared paths, bicycle paths and bicycle lanes"), RR.243(1) says that skaters must not be on that part of the path designated for pedestrians unless the skater is crossing the path by the shortest, safe route and does not stay on the path for longer than necessary to cross safely (max. penalty: 2 pu). Skaters also must keep out of the way of any bicycle (RR.243(2); max. penalty: 2 pu).
Finally, skaters are prohibited from being towed by a moving vehicle, holding onto a moving vehicle, or travelling within two metres of the rear of a moving motor vehicle continuously for more than 200 metres (RR.244; max. penalty: 2 pu).
The many other prohibitions contained in the Road Rules that also apply to skaters, because they fall within the definition of "pedestrians", include:
- failing to obey traffic signals (RR.231 & 232; max. penalty: 2 pu);
- failing to cross a road, railway line or tram tracks by the shortest and safest route (RR.230, 233, 234, 235 & 235A; max. penalty: 2 pu);
- causing a traffic hazard by moving into the path of a driver (RR.236(1) & (2); max. penalty: 1 pu);
- travelling along a road if there is a footpath or nature strip adjacent to the road, unless it is impracticable to travel on the footpath or nature strip (RR.238; max. penalty: 2 pu);
- using a bicycle path or that part of a separated footpath designated for use by bicycles (RR.239(1); max. penalty: 2 pu); and
- getting into, or out of, a moving vehicle (RR.237(1), 269(1); max. penalty: 2 pu).
Skaters who enjoy a zip around Melbourne town should bear in mind the following information.
The City of Melbourne (which includes parts of Carlton, Parkville, West Melbourne, North Melbourne, Kensington, East Melbourne, South Yarra and South Bank) regulates the use of "toy vehicles" in its Activities Local Law 2009. A "toy vehicle" is defined as equipment designed to be propelled by human power and includes a skateboards, scooters, rollerskates and in-line skates" (clause 1.11 Definitions). Clause 2.3(a) states that "[a] person must not use or allow to be used a toy vehicle so as to endanger, intimidate or unduly obstruct or hinder any other person or vehicle lawfully using or intending to use the same area". Paragraph (b) of that clause prohibits the riding of skateboards etc., in prescribed areas.
Prescription 91 details the areas where skating is prohibited at all times. See: http://www.melbourne.vic.gov.au/AboutCouncil/Council/Profile/Pages/Prescriptions.aspx
These areas are: Lincoln Square on Swanston and Bouverie streets, The Hub on the corner of Harbour Esplanade and Collins street near Docklands stadium, anywhere in the State Library precinct bordered by Swanston, Latrobe, Russell and Little Lonsdale streets and Burston Reserve next to Macarthur Street.
The penalty for a breach of this local law is 1 pu (as set out in the Schedule to the law). If a skater damages property or is a nuisance, he or she could receive 2.5 pu (cls.2.1 & 2.2, and the Schedule). If either of those matters proceeds to court, a maximum fine of 20 pu may be imposed as well as 2 pu per day after conviction for continuing offences (cl.14.10). A copy of this law is available to download by going to: www.melbourne.vic.gov.au. Local laws are enforced by council officers, and other councils may have similar restrictions on skaters.
Skating is encouraged at the Riverslide skate park in the Alexandra Gardens, near the boat sheds by the Yarra River (five minutes from Flinders Street Station), or at the City of Melbourne's other skate park in Kensington (Melways ref. 42 J3).
Other inner suburban skate parks are to be found in Ascot Vale, Coburg, East Malvern, Fitzroy, Camberwell and Prahran. Check with local councils for details of locations and conditions of use.
ROAD LAW FOR SKATERS :: Last updated: Thu Jul 1st 2010


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