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In recent years, the rise of electric scooters and electric bikes has been undeniable. These modern modes of transportation offer convenience and eco-friendliness, but when it comes to residential estates in South Africa, the question arises: Are children allowed to ride them within the confines of their communities?
According to Johlene Wasserman, a community scheme specialist from JW Consultancy, the answer largely depends on the rules established by most members within the estate. ‘Generally, if the rules approved by the majority of members allow electric scooters and bikes to be ridden on the estate, then this is fine,’ she explains.
However, it’s essential to understand the legal framework surrounding these vehicles. The National Road Traffic Act defines a motor vehicle as including any motor car, motorcycle, truck or motor-driven scooter. This means that electric cycles are technically considered motor vehicles and should be registered accordingly. Nevertheless, there is a notable gap in the process, leaving confusion regarding the registration of electric bikes and scooters.
Adding to the complexity, the South African National Standard (SANS 311) published in 2007 states that cycles equipped with an auxiliary electric motor with specific power limitations do not fall into any vehicle category. These cycles are defined as those with a maximum continuous rated power of 0.25 kW, which progressively reduces and cuts off as the vehicle reaches 25 km/h.
SANS 311 having made their point regarding an electric motor with specific power limitations begs the question: What is an e-bike? And, how does it work? Peter Kortleve, co-owner of Switch e-bikes, a prominent brand seen in estates in South Africa, said: ‘E-bikes are basically bicycles with an electric engine and a battery that assists a rider while pedalling, which is called pedal assist. The Switch e-bike has nine levels of pedal assist, with level 1 being light assistance, up to level 9 that assists a rider to a maximum limited speed. It is important to note the difference between an e-bicycle and an electric motorbike.’
You do need a driver’s licence to ride an electric motorbike. While this may provide some clarity, the regulations regarding electric scooters further complicate matters. Many estates enforce clauses prohibiting the operation of unlicensed motorcycles or motorised vehicles, which often include electrically operated scooters. However, enforcement varies, with some estates allowing their use while others strictly prohibit them.
However prohibiting e-bikes could be short-sighted, as the e-market makes advancements in the structure of the bikes. Switch e-bikes, for example, have been accessorised to include a holder for golf bags or fishing gear. Adapted e-bikes are already being used on estates in Durban and Johannesburg, offering parents (in particular) a less expensive solution than a golf cart. It will not be long before estate security providers see the advantages of an e-bike solution – savings on fuel and maintenance. The food delivery industry most definitely has opted in, which leads to an interesting question – if your estate prohibits e-bikes, can the pedal-assisted delivery person enter the estate?
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Despite these regulations and uncertainties, some estates choose to permit the use of electric scooters and bikes within their boundaries. In most cases, estate managers will reserve the right to intervene if they deem vehicles to be in poor condition or potentially hazardous to other residents.
Ultimately, the question of whether children are permitted to ride electric scooters and bikes within South African residential estates is nuanced. While legal definitions and estate rules play a significant role, safety considerations and community preferences also influence decisions.
Considering this complexity, Johlene Wasserman emphasises the importance of clear communication and collaboration among residents, estate managers, and relevant authorities. ‘By working together, estate managers can create environments that prioritise safety while embracing innovative modes of transportation,’ she adds.
FOR YOUR INTEREST
Herewith the definition of a motor vehicle and a rule that can perhaps be used provided by Johlene Wasserman:
‘Motor Vehicle’ includes any motor car, truck, motorcycle, or motor-driven scooter.
HEREWITH A FEW SUGGESTIONS:
- Motorcycles and bicycles may only be used as formal transport to enter and leave the common property. This must occur along the defined routes and not on any paths or other parts of the common property. Motorcycles and bicycles may not be used for any other purpose or manner on the common property, including exclusive use areas.
- Children are allowed to drive electric scooters or electric bikes within the estate roads, provided that this falls outside, the definition of the National Road Traffic Act: The National Road Traffic Act includes electric cycles in its definition of a motor vehicle, and, by definition, these should be registered. However, the rest of the process is not clear, and a ‘gap’ exists. Also, SANS 311 was published at the end of 2007. This standard states that ‘cycles that are equipped with an auxiliary electric motor that has a maximum continuous rated power of 0.25 kW, of which the output is progressively reduced and finally cut off as the vehicle reaches a speed of 25 km/h or sooner, do not fall into any vehicle category.
- Electrical scooters may not be driven on public roads at all.
THIS IS A COMMON CLAUSE IN ESTATE
RULES:
Driving an unlicensed motorcycle or motorised vehicle (including quad bikes and electrically operated scooters) is prohibited.
In the case where an estate allows it, the clause could read that they reserve the right to prevent damaged carts or electric scooters and those in poor condition from operating within the estate.
As electric scooters and bikes continue to gain popularity, it is likely that regulations and estate policies will evolve to accommodate them. In the meantime, residents should familiarise themselves with existing rules and engage in constructive dialogue to address any concerns or ambiguities with management. After all, ensuring the safety and well-being of residents should always be a top priority for everyone living on an estate.
Seems shortsighted to me. These vehicles are fully capable of injuring a pedestrian and damaging common property, with none of the protections and legal background that traditional vehicles have. They usually carry no 3rd party insurance and therefore the question becomes where liability lies. If someone is injured on common property by one of these vehicles can the scheme not be held accountable? I would think that the scheme should insist that all vehicles whether traditional licensed or unlicensed should have 3rd party insurance in place, and unlicensed drivers should be banned. Kids going around on golf carts and e-scooters are a recipe for disaster and I have personally witnessed quite a few near-misses.