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ROAD LAW FOR SKATERS

General

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 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 (although there is for scooter riders: RR. 256, see: "Helmets").

There is a section in the Road Rules specifically for skaters and other users of wheeled recreational devices: RR.240–244 (see also: "Who and what do the Road Rules cover"). This equipment may not be used on roads "with a dividing line or median strip, or on one-way roads with more than one marked lane" (RR.240(1); max. penalty: 1 pu) or on a road with a speed-limit of more than 50 km/h (RR.240(2) as amended by item 9 of Schedule 4 to the RR Regulations; max. penalty: 1 pu). This 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)).

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: 1 pu).

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: 1 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: 1 pu). Skaters also must keep out of the way of any bicycle (RR.243(2); max. penalty: 1 pu).

Finally, skaters are prohibited from being towed by a moving vehicle (RR.244; max. penalty: 1 pu).

The many other prohibition 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(1), 232(1); max. penalty: 1 pu);
  • failing to cross a road, railway line or tram tracks by the shortest and safest route (RR.230(1), 233(1) & (2), 234(1) & (2), 235(1) & (2); max. penalty: 1 pu);
  • causing a traffic hazard by moving into the path of a driver (RR.236(1) & (2); max. penalty: 1 pu);
  • using a bicycle path or that part of a separated footpath designated for use by bicycles (RR.239(1); max. penalty: 1 pu); and
  • getting into, or out of, a moving vehicle (RR.237(1), 269(1); max. penalty: 1 pu).

City of Melbourne

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) defines "skateboards, scooters, rollerskates and in-line skates" as "toy vehicles". A "toy vehicle" is defined as "equipment designed to be propelled by human power". Clause 2.3(a) of the Activities Local Law 1999 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.

The prescribed areas or "no-go zones" where skating is prohibited includes both the road and the footpath between 7 am and 7 pm in the following areas: Bourke Street mall, Little Collins Street, the west side of Swanston Street. Skating is also prohibited between 9 pm and 7 am in Little Lonsdale Street between Exhibition and Russell Streets. There now exists a total ban on skating in Little Bourke Street and at Federation Square, as well as in many plazas and forecourts, including on the steps of Melbourne Town Hall and the State Library, the Treasury buildings, Gordon Reserve, the New Quay Promenade and the Bourke Street walkway and bridge to Docklands, amongst others. For the full list go to the City of Melbourne website at http://tinyurl.com/qzlt8a. Skating is encouraged at the Riverslide skate park in the Alexandra Gardens, near the boatsheds by the Yarra River.

The penalty for a breach of this local law is a $100 infringement notice (set out in the Schedule to the law). If a skater damages property or is a nuisance, he or she could receive a $250 infringement notice (cls.2.1 & 2.2, and the Schedule). If either of those matters proceeds to court, a maximum fine of $2,000 may be imposed (cl.13.14). A copy of this law is available to download by going to www.melbourne.vic.gov.au, then "About Council", "Local laws". Local laws are enforced by council officers, and other councils may have similar restrictions on skaters.

Other inner suburban skate parks are to be found in Kensington, 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: Wed Jul 1st 2009