Since 21 August 2026, NSW Police and Transport for NSW officers have had the authority to seize and destroy non-compliant e-bikes found in public areas.
The Road Transport Amendment (Non-registrable Motor Vehicles) Act 2026 has been wielded as an especially blunt and powerful tool.
Legal Requirements for E-Bikes in NSW
To be considered legal in NSW, an e-bike must adhere to specific criteria. The motor’s power is limited to 250 watts, and assistance must cease at 25 km/h. The bicycle must have functional pedals as the primary means of propulsion, with a throttle permitted only for walk-assist up to 6 km/h.
Required equipment includes a bell or horn, operational brakes, a red rear reflector, and lights visible from at least 200 metres for nighttime use. Compliant bikes should meet the EN 15194 standard, and lithium-ion batteries must comply with new safety standards introduced following recent fires.
Consequences of Riding an Illegal E-Bike
If a device falls outside the pedal-assisted category, the law does not treat it as a bicycle: it treats it as a motor vehicle. This classification makes it subject to its own laws, regulations, and penalties in New South Wales. Riding a motor vehicle in a public place without registration and without compulsory third-party insurance are separate offences under the Road Transport Act 2013 (NSW), and riding without an appropriate licence is another. The fines are substantial, and for a second offence of unlicensed driving, there is a maximum penalty of 12 months imprisonment along with license disqualification.
For a rider under 16, there is no licence available to hold, which means compliance is always impossible. If you injure a pedestrian while riding an unregistered, uninsured motor vehicle, there is no CTP policy standing behind you. This means that you are personally exposed to the claim and may be liable to compensate a claimant.
Enforcement at the roadside is now backed by technology, and NSW is a pioneering state in this aspect. NSW is the first to deploy portable dyno units, imported from Europe, which measure power output and test whether assistance actually cuts out at 25 km/h.
The new powers apply to non-registrable motor vehicles and unregistered registrable vehicles used in public places. In practical terms, if a device performs like a motorbike rather than a bicycle, it can be taken.
Officers may seize a motor vehicle if they have reasonable grounds to suspect it is non-registrable and has been used on a road or in a public place within the last 28 days. Owners can request the return of detachable items such as panniers or GPS devices, but the vehicle itself may be impounded and destroyed.
Broader reforms include a ban on modified e-bikes on trains and metro systems due to fire risks. A minimum age limit for e-bike use is also under consideration. Shared e-bike operators must secure approval from Transport for NSW and local councils, with penalties of up to $55,000 for non-compliance.
Critics express concern over the lack of judicial oversight and the broad discretion granted to police officers. The financial burden often falls on innocent buyers who purchased non-compliant bikes in good faith, and groups such as food delivery riders and juveniles are disproportionately impacted.
Enforcement Measures and Penalties
NSW Police employ portable dyno units to test e-bikes’ power output and ensure adherence to the 25 km/h assistance limit. These units, imported from Europe, are designed to detect software restrictions that may conceal a bike’s actual capabilities.
If a bike is deemed non-compliant, officers can seize it under Section 79A of the Road Transport Act. This section permits seizure if there is reasonable suspicion that the vehicle is non-registrable and was used in a public place within the last 28 days. Owners may request the return of detachable items, but the vehicle itself may be impounded and destroyed.
Officers can also issue a surrender notice under Section 255A, requiring owners to surrender non-compliant vehicles. Owners have 14 days to apply for the vehicle’s return under Section 79B. Failure to comply with police directives can result in penalties of up to 20 penalty units.
The reforms also target shared e-bike operators, who must obtain approval from Transport for NSW and local councils. Non-compliance can lead to fines of up to $55,000. Local councils have been granted powers to designate no-go zones, go-slow zones, and parking areas for shared e-bikes.
Criticism and Effects
Critics point to the absence of judicial oversight, as property destruction now occurs without court involvement. This shift places the onus on owners to challenge seizures, which can be both financially and logistically demanding.
Many non-compliant e-bikes are purchased in good faith from retailers, leaving innocent buyers to bear the financial loss. Food delivery riders and juveniles are particularly affected, with Operation Moorhead resulting in 36 seizures and charges against 25 juveniles aged 11-16.
The reforms also include a ban on modified e-bikes on public transport due to fire risks. A minimum age limit for e-bike use is under consideration, further tightening regulations.