Response to Recommendations	Prepared for the National Transport Commission

PORTFOLIO:	TRANSPORT - PORTFOLIO

ISSUE:	Barriers to the safe use of motorised mobility devices

Review of the regulatory barriers to the safe and legal use of motorised mobility devices – discussion paper.

Department of Transport

Recommendation 1 – Increasing the maximum unladen mass of motorised scooters in the ARRs to 170kg whilst removing mass limits for motorised wheelchairs (in line with the Technical Specification)

The WA Government is supportive of this recommendation provided other qualifiers for the use of wheelchairs remains the same (i.e. the wheelchair is not travelling over 10km/h and because of the driver’s physical condition the driver has a reasonable need to use a wheelchair).

This approach is seen to provide national consistency, bring local road traffic laws into alignment with Australian technical specification and give wheel chair users access to a greater range of devices from the international market especially heavier devices (most appropriate for those with complex disabilities).

It is however, recognised that as populations continue to get heavier the combined weight of the device and the user (i.e. the laden weight) may become more relevant.

The Disability Standards for Accessible Public Transport 2002 (Cth) (DSAPT) apply to public transport operators and providers (which include the ARA members) and their conveyances, premises and infrastructure. Relevantly, section 8.6(1) of the DSAPT, entitled Maximum load to be supported by boarding device states that ‘a boarding device must be able to support a total weight of up to 300 kg’.

To ensure staff can safely operate these devices for customers, the ramps and electric lifts utilised by rail operators with mobility needs are built to support a weight of 300 kg. The WA Public Transport Authority (PTA) recommends that the laden weight of the MMD (i.e. device and user) should not exceed 300kg. The 300kg limit is a DSAPT requirement for accessing public transport irrespective of mobility aid type and therefore will relate to any public transport provider currently reliant on ramps.

The NTC analysis references the average weight of 80 kg attributed to MMD users. In reality, this figure can be much higher. As a result, the laden mass of these devices could exceed the 300kg limit, something that will impact the NTC’s safety analysis.

Further to this it is recommended that government regulators and industry consider partnering to better identify how the laden weight of MMDs may impact on access to services such as ramps onto buses, and lifts in public spaces. Should laden MMDs exceed existing engineering specifications it may become necessary to review individual vehicle specifications and standards in general.

The WA Department of Communities also notes that the Senate Committee had asked the crossover Austroads (AP C107) inquiry to consider a simple licensing and registration scheme. The Austroads paper cites a preference for implementing an industry-led standard to driver greater consistency between motorised vehicle products and the technical standards/ road rules over introducing any registration for users. The importance of an accompanying education campaign was also noted.

Hence the WA Department of Communities is supportive of educating users of MMDs as well as the broader community about issues pertaining to their safety and rights. While the data on MMD accidents and fatalities is not extensive, the available findings indicate that hundreds of MMD related hospitalisations and several fatalities occur in Australia each year. Despite this, there is limited guidance for users. Education initiatives could most appropriately be associated with industry standards (e.g. dealer support, training, assessment - rather than government help sheets that date quickly). The Council on the Ageing could also play a role given their role in national advocacy.

The WA Department of Communities also note that:

While highlighting the difference between a disability aid (wheelchairs) and a mobility aid (scooters) is useful as part of this education, frequently people who use scooters are denied access to public places, can still claim they use them as a disability aid and make a successful discrimination complaint. Many users are not simply using the devices on roads, but across all public places.

Access to Premises standards prescribes a range of technical dimensions from doorways to toilets which suit some motorised wheelchairs but not larger devices. Once an industry standard is in place this could guide a future review of Access to Premises standards.

Safety and independence are key priorities in Age Friendly Communities frameworks, hence any positions on MMDs should consider such broader State Government contexts. Age-Friendly Communities Frameworks enables older adults to do what they value. Enabling users the freedom and independence of being able to use a MMD that suits their needs is supported, as well as being able to access services and activities they require safely and legally.

Recommendation 2 – Requiring all operators of MMDs to comply with pedestrian road rules (currently they can be classified as either a ‘pedestrian’ or ‘driver’ of a vehicle dependent on the MMD’s speed capability).

The WA Government does not object to this recommendation as it will eliminate confusion for MMD users. Reference to the 10 km/h speed the motorised wheelchair is capable of, adds complexity to the rules and doesn’t change user behaviour. There is a preference for MMD users to travel no faster than 10km/h on WA paths or roads.

It is noted that speeds greater than 10 km/h on pedestrian infrastructure carry higher risks of conflict with other slow-moving people. People are well-adapted to walking in crowds at 5-10 km/h, whereas it requires much lower crowd density to safely negotiate others at higher speeds. Increased speeds may create the situation where the MMD users need to be held accountable under road law (e.g. careless driving causing injury).

Heavier, faster devices may cause serious lower leg injuries if they strike people. It makes sense for assistants who are operating the device to be considered pedestrians (i.e. being accountable for not giving way, disobeying signs etc).

CURRENT AS:	11 December 2019

CONTACT NAME: Chris Davers, T: 6551 6732 – DoT – Driver and Vehicle Services

Linley Crackel, T: 6216 8461 – DoT – On-demand Transport

Richard Struik, T: 6217 6263 – Department of Communities