Released Documents under RTI - DTMR

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1 Hello Graeme, Do you know if your area has issued any personal import approval for a segway that is suitable for operation on road & road related area? I mean the one that is not an off-road segway? Thanks in advance. Kind regards, Segways as personally imported vehicles Anant Z Bellary to: graeme.skelton 20/09/ :36 AM Cc: simon.lilley, Steven.Hoy Hide Details From: Anant Z Bellary/cp1/qdot/au To: graeme.skelton@infrastructure.gov.au Cc: simon.lilley@infrastructure.gov.au, Steven.Hoy@infrastructure.gov.au Anant Bellary Principal Engineer (Vehicle Standards & Regulation) Transport Regulation Branch Customer Services, Safety and Regulation Department of Transport and Main Roads Floor 3 Spring Hill Office Complex 477 Boundary Street Spring Hill Qld 4000 GPO Box 1412 Brisbane Qld 4001 P: (07) F: (07) E: anant.z.bellary@tmr.qld.gov.au W: Page 1 of 1 DTMR RTI Part 1.pdf - Page Number: 1 of 99 file://c:\temp\notesf19b4b\~web4314.htm 14/05/2013

2 We have just never heard of this so just a bit of fact checking. The second part is correct - but the first bit jumped out. Kind regards, Pete Austin Advisor (Vehicle Standards) Transport Regulation Branch Customer Services, Safety and Regulation Division Department of Transport and Main Roads Floor 3 Spring Hill Office Complex 477 Boundary Street Spring Hill Qld 4000 GPO Box 1412 Brisbane Qld 4001 P: (07) F: (07) E: peter.j.austin@tmr.qld.gov.au W: DTMR RTI Part 1.pdf - Page Number: 2 of 99

3 Department of Transport and Main Roads Noting Brief [number to be inserted] To: Policy Advisor, Office of the Minister for Transport and Main Roads Date: SUBJECT: Policy and safety considerations surrounding Segways and similar personal transportation devices in Queensland. REQUESTED BY: Due date [state reason for any urgency; allow sufficient time for consideration] Recommendations That you note the policy proposals to address issues surrounding the introduction of Segways and similar personal transportation devices in Queensland, and highlighted safety concerns. That you note that a Cabinet submission on personal transportation devices will be prepared for consideration in late Background The Honourable Campbell Newman MP, Premier of Queensland, recently received a proposal from Mr Andrew Cusack regarding the use of Segways around riverside bikeways adjacent to the Brisbane River and South Bank. The Premier has requested that the Department of Transport and Main Roads prepare a Cabinet Submission regarding the use of Segways in Queensland. Concerns, largely around safety, have been previously raised at the national level. Personal transportation devices have been successfully trailed on paths around Lake Burley Griffin in the Australian Capital Territory (ACT), and a proposal to trial them in the City of Ryde at Macquarie University is also currently being considered. The Department of Transport and Main Roads (TMR) is developing a similar permit scheme for the use of personal transportation devices for tourism purposes in approved areas. TMR is also researching the expansion of the use of these devices by members of the public on Queensland s bikeways and footpaths. Issues and suggested approach Safety Personal transportation device safety issues include: Action Officer: Endorsed by: Endorsed by: DDG Endorsed by: DG Larissa Knight Mike Stapleton Graham Fraine Michael Caltabiano Principal Advisor (Strategic General Manager, Road A/DDG Director-General Policy) Safety Registration and Licensing (Transport Safety and Regulation) Tel: Tel: Tel: Tel: Date: Date: Date: Date: [number to be inserted] Page 1 of 6 DTMR RTI Part 1.pdf - Page Number: 3 of 99

4 Policy Importation issues Poor manoeuvrability and braking in wet or slippery conditions, or on loose gravel. The potential for the speed and mass of the devices to lead to significant damage and injury, particularly to pedestrians. The potential for speed differential between the devices and other road users to cause conflict in the road environment, endangering the rider of the personal transportation device. As noted earlier, TMR is developing a permit scheme for the use of personal transportation devices for tourism purposes in designated approved areas, similar to that currently operating in the ACT. A submission to cabinet, with associated drafting instructions, is currently being prepared. However, this process has revealed a significant policy issue surrounding the importation of personal transportation devices like Segways. At the moment only offroad Segways are legal to be imported into Australia (large tyred devices designed for off road use), and only for use on private property. Standard personal transportation devices designed for use on roads and footpaths cannot be imported into Australia. Persons importing these devices are liable for prosecution under the federal Motor Vehicle Standards Act The only exceptions to this are individuals moving to Australia who have used their Segway as a vehicle overseas for more than 12 months, who may apply to bring the Segway to Australia when they move here. Enquiries made with the Commonwealth Department of Infrastructure and Transport indicates that no import application under these circumstances has been made in the past, and if such an application was received in the future, approval would not be issued without the support of the jurisdiction where the vehicle would be garaged. On-road Segway components can also be imported if individual members of the public wish to assemble their own on-road Segway, however these cannot be legally supplied to the market for sale as new or second hand devices, nor for hire, and cannot be used on roads or road related areas. As part of the review of the ACT trial of Segways around Lake Burley Griffin, it was identified that the tour operators illegally imported the Segway PT Cruiser (on-road) devices, after being given permission by the Commonwealth to import the Segway X2 off-road devices. The Commonwealth Department of Public Prosecutions examined the situation and made a determination that at that point the cost of prosecuting the business owners would not be in the public interest, and therefore did not proceed with legal action against the operators. [number to be inserted] Page 2 of 6 DTMR RTI Part 1.pdf - Page Number: 4 of 99

5 The City of Ryde is currently developing a trial of a range of personal transportation devices at Macquarie University and has been working with the Commonwealth Department of Infrastructure and Transport for permission to import the devices, with the understanding that they will be destroyed at the completion of the research trial. A change to the Vehicle Standard (Australian Design Rule Definitions and Vehicle Categories) 2005, under the Motor Vehicle Standards Act 1989 would be required to legally import or manufacture on-road design personalised transportation devices like the Segway PT and allow their use in Australia. In order to amend the federal legislation, the process is as follows: 1. Establish the need for access to road network by the new vehicle type. The benefits must outweigh the costs, and the need must be examined and established in a consistent way at the national level. Consultation would involve the Strategic Vehicle Safety and Environment Group (SVSEG), Technical Liaison Group (TLG), Transport and Infrastructure Senior Officials Committee (TISOC) and the Standing Council on Transport and Infrastructure (SCOTI). Proposals that are regarded as significant need to be supported by a Regulation Impact Statement meeting the requirements of the Office of Best Practice Regulation. 2. Define the new vehicle category, and develop a portfolio of Australian Design Rules (ADRs) that should apply to the new vehicle category. This may involve developing or adopting new ADRs. 3. Personal transportation device manufacturers and importers will need to complete the certification and type approval protocols for each device make/model of the new category that they wish to supply to market. By way of example, changes were recently made to Vehicle Standards introducing a category for Pedelecs (power assisted pedal cycles). Following on from release of a public consultation paper in 2008 by the then NSW Roads and Traffic Authority (RTA), the RTA held forums on power-assisted pedal cycles in 2008 and Further work was carried out by the Australian Motor Vehicle Certification Board (AMVCB) and also Austroads (the association of Australian and New Zealand road transport and traffic authorities and the Australian Local Government Association, providing information and advice to governments and promoting research in the Australasian road and road transport sectors). The amendment was then discussed within the TLG and SVSEG, receiving final endorsement by SVSEG in May As the amendment does not raise the stringency of the ADR, further consultation was not necessary through the public comment process. The state and territory members of SVSEG represented the views of their jurisdictions and so there was no need for further consultation through TISOC or SCOTI. The alternative would be to continue to only allow the importation of off-road personal transportation devices. However off-road devices are larger and heavier than their on-road counterparts, and if these were used on bicycle paths, footpaths and other areas with high levels of pedestrian access, they would present significantly more danger for other vulnerable road users. In addition, the Motor Vehicle Standards Act 1989 states that the off-road devices should only be used off-road and on private property. [number to be inserted] Page 3 of 6 DTMR RTI Part 1.pdf - Page Number: 5 of 99

6 Wider use of personal transportation devices A proposal to expand the use of personal transportation devices beyond a permit system for tourism operators to use by private citizens on all bike paths and shared paths is being considered. This would require additional policy development and legislative changes. These include: If expansion is to bicycle paths only, riders of personal transportation devices still will need to travel on and cross footpaths and/or roads to get to these bicycle paths. Because it is being treated as a pedestrian (like motorised wheelchairs), when travelling on a shared path it is proposed the personal transportation device use the pedestrian side of the bicycle/pedestrian shared path. Personal transportation devices would not be able to be used in on-road bicycle lanes under the above proposal, as they are part of the road. In addition, the use of the devices in bicycle lanes presents a significant hazard to the slow moving rider if they need to enter the 50-60km/h traffic stream to manoeuvre around cars parked in the on-road bicycle lane, and may also have a negative impact on traffic movement. If the illegal importation issues are addressed, expansion to use by the general public may place a burden on the Motor Accident Insurance Commission (MAIC), as because the personal transportation device is motorised, MAIC are likely to be the nominal defendant in the event of an injury. This is in contrast to bicycles, which are not covered by MAIC, because they are not a motorised vehicle. While tourism operators will be required to have public liability insurance, general users are not. There is no available information on the crash involvement of personal transportation devices with which to estimate the likely cost to MAIC. However, MAIC are unlikely to provide cover for devices that are illegally imported into the country. Consideration needs to be given to registering the personal transportation devices, similar to motorised wheelchairs. While this places an administrative burden on TMR, it would allow MAIC to collect data on crashes and injuries with which to estimate costs, and would also allow better identification for enforcement purposes. Collection of this data would also help to evaluate the policy initiative in terms of its impact on road safety. Under the permit scheme proposal there are a number of safety issues that can be addressed by conditions on the permit. These include the allowed speed and weight of the devices, helmet usage, minimum age of riders, alcohol limits, lighting and reflectors, and areas where they are permitted to be used. If personal transportation devices are to be used on a wider basis other means of regulating these issues will need to be developed. This is likely to involve changes to the Transport Operations (Road Use Management) Act and its associated regulations. [number to be inserted] Page 4 of 6 DTMR RTI Part 1.pdf - Page Number: 6 of 99

7 Department of National Parks, Recreation, Sport and Racing (NPRSR) issues TMR has been contacted by NPRSR as they are looking at the issue of expansion of general access to protected areas. Most roads and walking tracks in National forests are public access, and are designed for use by motor vehicles, and therefore are defined as a road. NPRSR have proposed that they will define the personal transportation device as a vehicle to ensure that they do not travel off these roads and walking tracks into protected areas. TMR advised that this is inconsistent with the current policy proposal to treat personal transportation devices as pedestrians. NPRSR have advised that they are keen to address this issue with options other than large-scale installation of signage advising where personal transportation devices are not permitted to be used. Grow a Four Pillar Economy Allowing personal transportation devices on cycle paths and road related areas in Queensland may provide for the development of new tourism activities, and business opportunities for suppliers and importers of the devices. However, this is only likely to occur if importation issues surrounding personal transportation devices, and particularly on-road style devices, are addressed. Consultation with Stakeholders Until the recent approval of the use of Segways in the Australian Capital Territory using a permit system, no Australian jurisdiction supported the introduction of Segways. Concerns expressed at the then Australian Transport Council (ATC, now the Standing Council on Transport and Infrastructure), the National Road Safety Panel, and at Austroads, largely surround safety issues. In progressing this issue TMR will consult with the South Bank Corporation, Brisbane City Council, Queensland Police Service, the Department of Premier and Cabinet, and the Department of Tourism, Major Events, Small Business and the Commonwealth Games. Discussions will also need to be held with the Commonwealth Department of Infrastructure and Transport as importing on-road personal transportation devices for use on roads and road related areas is currently prohibited. Financial Implications There are no State funding implications from allowing personal transportation devices to be used on road related areas in Queensland. The policy development, building and administration of a permit scheme, and any expansion of the system, would be funded from existing departmental budgets. Employment impacts There would be minimal employment impacts from the introduction of personal transportation devices in Queensland. Election Commitments This does not relate to an election commitment. DTMR RTI Part 1.pdf - Page Number: 7 of 99 [number to be inserted] Page 5 of 6

8 Office of the Minister s comments: Action Officer: Endorsed by: Endorsed by: DDG Endorsed by: DG Larissa Knight Mike Stapleton Graham Fraine Michael Caltabiano Principal Advisor (Strategic General Manager, Road A/DDG Director-General Policy) Safety Registration and Licensing (Transport Safety and Regulation) Tel: Tel: Tel: Tel: Date: Date: Date: Date: [number to be inserted] Page 6 of 6 DTMR RTI Part 1.pdf - Page Number: 8 of 99

9 Our ref: MC Your ref: The Honourable Anthony Albanese Federal Member for Grayndler Minister for Infrastructure and Transport Leader of the House PO Box 6022 Canberra ACT 2600 Dear Mr Albanese Contact officer Pam Palmer Telephone Approved by Mike Stapleton Date of approval Endorsed by Graham Fraine Date of endorsement As you may be aware, the issue of the use of Segways and similar personal transportation devices on the Australian road network has been discussed at a number of national forums over the last 10 years. Both the Honourable Campbell Newman MP, Premier of Queensland, and I have been approached by members of the public seeking advice on the use of personal transportation devices. I have asked the Queensland Department of Transport and Main Roads (TMR) to examine the way personal transportation devices are managed within the road network, and to consider options for allowing access for riders of the devices in approved areas and on bike paths. TMR has advised that at the moment under the Motor Vehicle Standards Act 1989 on-road style personal transportation devices cannot be imported or made available to the Australian market. I am further advised that only personal transportation devices designed for off-road use can be imported into Australia. As the proposal currently being considered in Queensland is to amend the Transport Operations (Road Use Management Road Rules) Regulation 2009 to permit the use of personal transportation devices in approved road related areas and on bike paths, it would be appreciated if you could advise if there are any proposed changes to these importation restrictions. In recognition of the co-regulatory model for vehicle standards and road network access between the Commonwealth and the states/territories, your views on any other likely impacts of the abovementioned proposal would also be welcomed. If you have any questions about this matter please contact Ms Sally Samuels, Principal Advisor, Road Safety on (07) Ms Samuels will be pleased to help you. Yours sincerely DTMR RTI Part 1.pdf - Page Number: 9 of 99

10 Scott Emerson MP Minister for Transport and Main Roads DTMR RTI Part 1.pdf - Page Number: 10 of 99

11 Kind regards, Pete Austin Policy Officer (Vehicle Standards) Transport Regulation Branch Customer Services, Safety and Regulation Division Department of Transport and Main Roads Floor 3 Spring Hill Office Complex 477 Boundary Street Spring Hill Qld 4000 GPO Box 1412 Brisbane Qld 4001 P: (07) F: (07) E: peter.j.austin@tmr.qld.gov.au W: DTMR RTI Part 1.pdf - Page Number: 11 of 99

12 Kind regards, Ian McKinnon Policy Officer Customer Services, Safety and Regulation Division Department of Transport and Main Roads Floor 8 Transport House 230 Brunswick Street Fortitude Valley Qld 4006 PO Box 673 Fortitude Valley Qld 4006 P: (07) F: (07) E: ian.z.mckinnon@tmr.qld.gov.au W: DTMR RTI Part 1.pdf - Page Number: 12 of 99

13 Handover notes for Segways / Personal Transportation Devices (PTD) Background In May 2012 the Premier received a proposal from Mr Andrew Cusack for a Segway tour around Southbank and the Brisbane River. The Premier forwarded the proposal to the Minister for Transport, requesting that TMR facilitate this. An interim response was sent to Mr Cusack advising him that TMR were looking at his request (MC63526). File storage Documents are contained in (I:)Sdir:/Strategic Planning Team/Alternative Vehicles/Segways Current Authority to Prepare is saved in Segways/Cabinet/A to P discussion paper sub-file. Most recent version is the one with the most recent date in the title. Attachments are saved in here too. Previous cabinet material is saved in Segways/Cabinet/Policy discussion paper sub-file All other material is saved under the main Segways file. Proposal outline and briefing materials Initial proposal was for an ACT style permit system for tourism activities, treating PTD riders as a pedestrian. Following advice from the DDG, proposal is now for both a tourism permit system, and to allow individual owners to use PTD s on bike paths. The first briefing note to the Minister for Transport (MC63526) noted that : The Transport Operations (Road Use Management) Act 1995 does not allow for Segway use on roads or road related areas, the device is not specifically defined in Australian law and there are no rules about these devices in the Australian or Queensland Road Rules. Concerns, largely around safety, had been previously raised by Queensland and other jurisdictions, at the then Australian Transport Council (ATC, now the Standing Council on Transport and Infrastructure), the National Road Safety Panel, and at Austroads. That the ACT is the only state to trial their use on road related areas for commercial tourism purposes. That TMR will develop a permit system for commercial tourism using Segways. DTMR RTI Part 1.pdf - Page Number: 13 of 99

14 A subsequent briefing note to the DDG (E13438) noted issues with on-road importation of personal transportation devices. In summary: Under Federal legislation (Motor Vehicle Standards Act 1989) on-road personal transportation devices cannot be imported into Australia or made available to the Australian market. Need to consider how PTD s will get to bike paths without being used illegally on roads and footpaths. Off-road PTD s are larger than on-road PTD s and may lead to more of a risk for pedestrians. Need to examine MAIC issue as a vehicle they are the provider of third party injury insurance, will impact on their budget, legality of PTD s needs to be resolved in this context. Most recently a brief has been prepared for the Minister outlining the importation issues, and attaching a letter to the Federal Minister for Infrastructure and Transport asking him to comment on the likely impact of the proposed changes in Queensland. Gemma has advised that an MC will be generated for this briefing note and letter when they are approved by Pam. An issues matrix is saved under the main Segways file. It is called PTD Issues Matrix and reflects the most recent issues being dealt with. This document is intended for internal use only. Other useful information ACT conducted a trial of Segways on the paths around Lake Burley Griffin in In mid 2012 the report of the trial was released. A copy can be located at: The ACT Segway legislation is at: The City of Ryde is currently developing a proposal in conjunction with Macquarie University to trial personal transportation devices on University grounds. The Commonwealth Department of Infrastructure and Transport have provided initial approval for a range of devices to be imported for the trial, provided they are destroyed at the end of the trial. The Austroads National Alternative Vehicle Framework on Segways project will commence in July All other jurisdictions have indicated a preference to wait until the results of this project before progressing on the PTD issue. Suppliers of Segway tours in Qld include: Gold Coast Segway Safari and Currumbin Sanctuary Entry Segway Queensland Experience, Mudjimba, Sunshine Coast Segway Queensland Experience, Grandchester DTMR RTI Part 1.pdf - Page Number: 14 of 99

15 Segway EcoXperiences, Mooloolah OzSegway promotions and hire Information on width of bike paths is available from Austroads Guide to Road Design Part 6A. Also in draft TRUM Technical Note: Calculating the Widths of Shared Paths and Separated Bicycle Paths. Contact is Michael Langdon. A motorised wheelchair is allowed on bike paths and is approximately 60cm wide. An on-road Segway is approximately 63cm wide. An off-road Segway is approximately 84cm wide. Discussions with Eric Connell of Department of Infrastructure and Transport (federal) on Section 73 (2) - Motor Vehicle Standards Act 1989 allows for Irrelevant Information importation of non-road Segways like the Segway X2 (principally designed for use off road). Also like ATV s, dune buggies, and golf carts. While not necessary sometimes companies ask for a letter of approval to import off-road Segways as it makes the progress through Customs smoother. If a State then allows the use onroad it is technically fine, they are not breaching any import law. Discussions with Peter Hunter of ACT government re ACT trial. Operators of ACT trial were given permission to import ported on-road Segway s instead. Department of Public Prosecutions made a decision that it was not in the public interest to proceed with prosecution. Subsequent discussion between Mike Stapleton and Robert Hogan indicates that this did not in fact happen the issue was apparently never brought to the attention of the DPP. Still don t have an emergency management plan from the tourism company, which is a requirement under the new Segway legislation that was enacted in June/July Working on lighting and reflectors to bring the Segway up to vehicle standards, had some discussions with Peter Austin in TMR. Recommending that the operators install: Reflectors on upper arm of device. In its down-most position it s still visible. Touring bag can obscure it a little. Reflective tape on post for front retro-reflectivity. Section 73 (2) - Irrelevant Information Red to rear on mudguards and on the charging port on the centre of the step. Yellow dome on the hubcap, but there are issues with it falling off. Because a Segway is a self-drive vehicle it is not considered a public passenger service and therefore Operator Accreditation won t be required for tourism activities (personal communication with Peter Bradley, PT). Drafting instructions were prepared during the early stages of policy development by Bruce Tait, however there has been some major changes to the policy direction since then and these will need to be significantly reworked. DTMR RTI Part 1.pdf - Page Number: 15 of 99

16 There are issues with the proposal to extend use to bike paths. There are currently only 2-3 dedicated bike only paths in South East Queensland (Kangaroo Point, Centenary Freeway). All others are shared use paths. If the intention is to provide access beyond 2-3 paths to owners of personal transportation devices this will need to addressed. A meeting was held with Michael Langdon and Mark McDonald of Road System Operations, Road System Management Division in TMR on 29 October 2012 and they provided information on minimum bike path widths, characteristics of turning circles of Segways, and other relevant operational information. They raised concerns about speed differential with cyclists, particularly on steep gradients, and night time conspicuity. A Zip file of the information they provided is saved under the Segways folder, titled Zip file from Road System Division. Results of consultation In discussions with the Department of National Parks, Recreation, Sport and Racing agreement was reached to treat PTD s as a type of vehicle, to ensure that they do not go into pedestrian only areas in lands managed by Queensland Parks and Wildlife Services. Meeting date 16/10/12. TMR: Sally Samuels, Renae Coote, Ana Tritchler; NPRSR: Cate Melzer, Bob Hoey, Andrew Lowe. Department of Tourism, Major Events, Small Business and the Commonwealth Games have no concerns with the proposal, beyond the safety issues raised in various transport forums nationally. comments: Mark Jones, 1/8/12. QPS were consulted, and in summary ( comments Paul Fogg, 3/9/12): QPS requested that PTD riders wear helmets, have a zero BAC, not use a mobile phone, and have relevant insurance. The QPS advised that the issue of safety and responses to incidents needs to be further clarified. They further advised that offences need to be considered, so if a police officer or other authorised officer deems a personal transportation device is being ridden in a manner that is a danger to the public, there should be a capacity to prevent the further use of the personal transportation device by the rider. The QPS noted that in the event of an injury resulting from the use of a personal transportation device the relevant authority to investigate such incident needs further development. They propose that incidents also be considered as workplace incidents and investigated under that legislative umbrella. The QPS should only be responsible for enforcing any offences relating to the use of the personal transportation device on a road or road related area. On Sunday October 28 the incoming Police Commissioner Ian Stewart was reported in the Sunday Mail as saying that he was considering the use of Segways for police to put police back in touch with the community. No further information has been forthcoming. DTMR RTI Part 1.pdf - Page Number: 16 of 99

17 A letter has been prepared from Mike Stapleton to Robert Hogan, General Manager Vehicle Standards, Department of Infrastructure and Transport, asking what the federal response would be to Qld allowing PTD s on bike paths (E15722). Mike rang Robert to discuss the issue, and as a result a letter has been prepared from the Minister to the Commonwealth Minister for Infrastructure and Transport. (MC number to be generated by Gemma once Pam has approved the briefing note to the Minister and the letter.) The Austroads Research and Licensing Working Group are meeting to discuss a range of proposed conditions for commercial operators of Segways on November in Brisbane. We have commented on the Agenda paper which had some incorrect information about the Qld position. The paper says that Western Australia and Tasmania are also making legislative changes to allow for commercial tourism operations using Segways. The Agenda paper with our changes has been saved in the Segways file. Other things that need to be considered: The following people have not yet been consulted with, and may raise issues with the PTD proposals: Tourism Qld Brisbane City Council Bicycle Qld Southbank Corporation Initial Cabinet date was Sept Next date was Oct Now unlikely it will go to Cabinet in Next steps Waiting on letter to go from Minister to Commonwealth Minister for Infrastructure and Transport asking for comment on the Queensland proposal. Need to start redoing drafting instructions with new policy directions (eg. creating a category of vehicle for personal transportation device). Rework draft Authority to Prepare to reflect return correspondence from Commonwealth Minister for Infrastructure and Transport when received. Work out what bike paths really means does the DG want personal transportation devices on shared use paths, or only dedicated bike paths. DTMR RTI Part 1.pdf - Page Number: 17 of 99

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