After more than 13 years of advocating, the NSW government has amended the road rules to allow all Motorised Mobility Device (MMDs) users, the legal right to use their device, including power wheelchairs and mobility scooters, on NSW footpaths. The amendments to the Road Rules remove any references to weight restrictions for those using MMDs as pedestrians.
Previously weight limits for MMDs used in NSW prevented people with disability using certain models, risking legal action if an incident occurred. It also cut NSW residents using MMDs from accessing the overseas market from devices that offered functional and technical improvements.
The Physical Disability Council of NSW (PDCN) welcomed the decision.
“For years until now, and especially in recent years as this vital assistive equipment becomes more sophisticated and capable, many people using these devices had been considered ‘illegal’ when riding on our footpaths and walkways,” CEO Serena Ovens said. “Due to restrictive weight limits, users were open to legal repercussions in the event of accident of injury, yet they were classed as pedestrian devices. We had situations where people had purchased MMDs being told they were too heavy and illegal to use and get around.”
The weight restrictions she said were an arbitrary rule with little or no justification. “It had a serious impact on independence and capacity to engage in community life.”