‘Get tough’: Pressure mounts on police struggling to seize illegal motorbikes

Police must ramp up enforcement of existing laws to get dangerous and illegal electric motorbikes off Queensland’s streets, say several organisations that have united to campaign for a crackdown.

The RACQ, the Royal Australasian College of Surgeons, Motor Trades Association of Queensland, Bicycle Queensland and Queensland Walks made the call for consistency in enforcement as police detailed the challenges they faced in catching hoons and seizing illegal bikes on the streets.

It came after Zeke Hondow, an eight-year-old boy, died on the Sunshine Coast on Thursday, following a head-on crash with a 15-year-old rider.

Sunshine Coast police Chief Inspector Jason Overland described the bikes involved as electric powered, and said the investigation would include determining how much power they produced.

A 15-year-old boy died two days later after crashing a SurRon Ultra Bee electric dirt bike on Broadbeach Boulevard on the Gold Coast, just after 3am. That bike retails for about $10,000 and has a top speed of 95km/h.

Premier David Crisafulli has resisted pressure to change existing rules before Christmas, saying the government would wait for the results of a parliamentary inquiry, due to report by March 30.

But RACQ head of public policy Dr Michael Kane said solutions were already available.

“The laws exist to end this epidemic – they just need to be consistently enforced,” he said.

“We’re calling on the state government to get tough on people breaking the law by impounding all illegal and dangerous two-wheel electric vehicles.”

To be used in public, an e-bike must be predominantly pedal-powered, with an electric motor providing assistance only, up to 250 watts, and the motor must cut out at 25km/h.

A motorised bike cannot be ridden on a public road or paths if it is petrol-powered, if the bike has non-functioning pedals or can be ridden only using the motor with a throttle that can be twisted.

But police have struggled to seize illegal electric motorbikes and speed-limited e-scooters en masse.

The challenges in stopping riders and seizing bikes

Police said the first stumbling block was getting alleged offenders to stop. When offenders were riding in a crowded area, police might decide against a chase that could endanger pedestrians.

“If they fail to stop, there are often very limited identifying details to be able to follow up that offence and take action,” Road Policing Group Inspector Gareth Bosley told the parliamentary inquiry in August.

Bosley said police could seize a device if there was evidence of an offence.

“For example, if we commence a court action, and we need to prove for the court the power of the device or its compliance, we can seize the device for testing and compliance,” he said.

“However, there is no strict power of seizure to prevent the continuation of the offence.”

In a clarification after the hearing, police said compliant e-bikes and e-scooters were not eligible for impoundment, but might be seized by police under the Police Powers and Responsibilities Act.

Illegal devices can be impounded as they are captured under the definition of a motor vehicle.

There are also issues with storage. If vehicles are seized under hoon laws, they are typically stored by tow providers in outdoor holding yards.

Electric motorbikes and e-scooters are typically stored at police stations, with no impoundment costs charged to the owner.

“There are obviously considerations that must be taken around the safe storage of devices, particularly with lithium-ion batteries,” Bosley said.

They are also generally too big for a normal police sedan, so officers have to call a van for transport.

And Deputy Commissioner Cameron Harsley said many devices could be difficult for police to identify as they did not necessarily resemble traditional motorbikes or have special markings, and it was hard for officers to work out if a device met legal standards.

Police have run several operations this year, including tracking down teens who rode illegal electric motorbikes dangerously, turning up at their homes and seizing their bikes and phones, in addition to programs to educate families with the rules.

Sometimes parents called to get illegal bikes back

Asked if all illegal electric motorbikes should be impounded, Acting Assistant Commissioner Adam Guild said it was “case-by-case”, pointing out there were a “whole range of users”.

Speaking at a press conference on Wednesday afternoon, Guild said children “may not be aware of what they’re actually riding”.

“There’s been instances where districts have gone and contacted parents on the side of the road and asked parents to come and pick up the device.

“There’s been instances where police officers have used a trailer to collect devices and take them back to the station, calling parents to come and collect these devices.

“And there’s been other instances where we just seize the bikes and have them destroyed.”

Guild said the regulatory framework was “sufficient” but police would welcome additional powers.

Police could not provide figures on how many illegal bikes had been seized, but said most fines handed to e-scooter riders were for not wearing a helmet.

Police Minister Dan Purdie said police were doing all they possibly could to target illegal use.

“We need more police on the beat,” Purdie said. “And we are delivering that.”

Purdie pushed back on calls for action before the inquiry reports back, but said “all options are on the table”.

Transport and Main Roads told the inquiry it was open to looking at whether transport inspectors could hit the streets to boost enforcement efforts.

It wrote to about 200 Queensland e-bike retailers in June following an increase in illegal devices being marketed and sold, reminding them penalties included fines up to $50 million.

“Police are increasingly seizing illegal devices when used in public places and consumers may seek damages from the supplier if misled during the purchasing process,” the department’s letter says.

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