Electric bikes are amazing and here to stay! If you are enjoying one of the many legal eBikes in Australia, then you don’t need to change anything about what you’re doing. Keep riding.
If you have chosen an over-powered electric bike from a disreputable seller however, things are about to change.
Technology has rapidly improved to allow cheap, extremely high-powered electric bikes and scooters to be acquired by irresponsible riders around Australia.
The rules around these illegal ebikes are about to change significantly and quickly due to the obvious increase in unsafe use, increased danger to other road users and the unacceptable rates of injuries filling our hospitals.
The situation has reached a tipping point and will be the focus of increased enforcement from early 2026 onwards. Infringements can be punishable by significant fines, confiscation of the offending vehicle and even serious implications for non-citizens on a visa including cancellation for repeated offences.
What Makes an E-Bike 'Legal' in Australia?
In simple terms, you must be riding an electric bike with a power output rating of 250 watts (maximum continuous rated power). The motor assistance must only engage when you are pedaling and must cut out once you reach 25 km/h. These bikes are commonly referred to as ‘Pedelecs’.
If your bike has a motor more powerful than 250W or a throttle that propels you faster than 6 km/h without pedalling, it is legally considered to be a motor vehicle. This means it would require registration, insurance, and a driver’s license - none of which are currently possible for non-compliant ebikes. (Yes - all those food delivery riders speeding along the bike path without pedaling are illegal.)
Although there are movements to a national standard, there are still some variations between the states and territories. The most significant one is the allowance for 500 watt motors in NSW - an allowance that will end in early 2026.
Rules and Penalties Across the States and Territories
New South Wales (NSW)
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The Big Change: NSW is currently moving to reduce its unique 500W allowance for some categories down to the national 250W limit by early 2026.
- Penalties: Riding an illegal e-bike can land you a fine of $818+. Other common fines include $410 for not wearing a helmet and $410 for mobile phone use.
Victoria (VIC)
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Enforcement: Police have recently ramped up enforcement against bikes exceeding the 250W limit.
- Penalties: Fines for non-compliant devices are handled by courts and can reach up to $3,000 (25 penalty units).
Queensland (QLD)
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Major Crackdown: Queensland police recently issued over 2,100 fines in just two months.
- Penalties: Total fines for illegal, unregistered devices can exceed $1,640. Dangerous offences can carry penalties up to $1,251. Repeated offences within 5 years can lead to your bike being confiscated and destroyed.
Western Australia (WA)
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Age Limit: You must be at least 16 years old to operate an e-bike in WA.
- Penalties: Fines include $100 for exceeding 25 km/h on paths and $500-$1,000 for illegal mobile phone use.
South Australia (SA)
- New Laws: As of July 2025, new rules allow personal mobility devices on roads, but e-bikes must still stick to the 250W/25 km/h cut-off to be treated as bicycles.
Reid’s Top Tips for Staying Legal
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Check the label: Look for an EN 15194 compliance sticker on the frame or motor.
Avoid "Grey Imports": High-powered bikes (500W+) designed for overseas markets are illegal on all public Australian roads. -
Helmet up: Approved helmets are mandatory in every single state and territory.
Phone Away: Unless it's in a dedicated handlebar cradle, don't touch your phone while riding. - Ride safely - and be sober: If you ride in an unsafe way and ignore the road rules, these factors will be considered in court and/or by insurance companies in the event of an accident. Riding like an idiot can have very serious consequences.
By choosing a compliant electric bike from a reputable Australian retailer, you can safely continue to enjoy the benefits of this amazing personal transport option, while keeping yourself and others safe.
Only then can the full potential of eMobility be realised - the reduction of cars choking up our cities by getting more people on bikes!
FAQ
Q: Can I use a throttle on my e-bike?
A: In most Australian states and territories, a throttle is only legal if it cuts out at 6km/h. This is considered a walk assist. For 250W "Pedelecs" the motor must only provide assistance over this 6km/hr when you are actively pedalling.
Q: What happens if I "chip" or modify my electric bike to go faster?
Modifying your ebike motor to exceed 25km/h makes it an unregistered motor vehicle and this now carries heavy fines in all jurisdictions and risks your bike being confiscated by Police and destroyed.
It also means your ebike will no longer be covered by any warranty.
Plus if you have any personal or public liability insurance, this will most likely be void in the event of any accident leaving you fully exposed to all associated costs.
Q: Do I need a license to ride a legal e-bike?
No. As long as your e-bike meets the 250W / 25km/h Pedelec standards, it is treated legally as a bicycle. This means you do not require a license or registration.
