Police have dropped six charges against an Adelaide man who modified his electric unicycle to use it as a mobility aid.
Key points:
- Arcadio Munoz modified his electric unicycle to make it a hands-free mobility aid
- He has wrist injuries from a car accident, which make it difficult for him to use his hands
- Police fined him $3,600 for riding an unregistered and unapproved vehicle
But Arcadio Munoz has been told he cannot use the device again, sparking fresh questions about whether South Australia’s laws for electric vehicles are up-to-date.
The 36-year-old said he started riding an electric unicycle after a car accident made it difficult for him to use his hands.
“Because I’ve got wrist injuries, I needed to look for something that’s hands free,” Mr Munoz said.
After asking doctors and calling various businesses, he said he was left without any other vehicle that suited his situation.
“This is the only device I’ve seen anywhere that’s a hands-free mobility aid,” Mr Munoz said.
Mr Munoz, a mechanical engineer, modified his unicycle to make it easier to ride, reducing the amount it tilted, so it was easier to balance.
He used the device for short trips, but police stopped him twice and charged him with riding an unregistered and unapproved vehicle.
He was given $3,600 worth of fines, which he opposed in court.
“The very fact that this is the only device that can provide for my medical needs, and there’s no alternative, that should be enough for them to just leave me alone basically,” Mr Munoz said.
Adelaide Magistrate Ben Sale agreed, suggesting Mr Munoz had a fair defence to the charges and that police should consider dropping the case against him.
“I think SAPOL would accept that people with a disability in our community face enough difficulties without dealing with a pedantic prosecution,” Magistrate Sale told Adelaide Magistrate’s Court on March 3.
Police prosecutors chose to withdraw the charges, but warned Mr Munoz that they would seize his vehicle and charge him again, if he was caught riding in public.
“On this occasion, the matter was reviewed and based on the evidence at hand, it was determined that there was no reasonable prospect of a conviction,” a police spokesperson told the ABC.
Laws under review
The court recommended that Mr Munoz seek approval from Transport Minister Tom Koutsantonis to continue riding his unicycle – but the state government said that was not possible under the current law.
The opposition said the case should never have gone to court and has put forward a private member’s bill to legalise personal electric vehicles like Mr Munoz’s.
“We know that there’s a demand for this thing,” Shadow Transport Minister Vincent Tarzia said.
“The market is here. We’re calling on the government to get on with the job and safely regulate these devices and let’s stop wasting finite police resources going after these people.”
The government said it was reviewing current laws and other regimes around Australia, as well consulting with the community, a process that will finish this year.
“A review into personal mobility devices will analyse current legislation, new laws, as well as Australian road rules and barriers to public liability insurance to keep device users and pedestrians safe,” a spokesperson for Transport Minister Tom Koutsantonis said in a statement.
The spokesperson said there were problems with the opposition’s bill that prevented it from being supported by the government.
“We note the response to the recent Liberal private member’s bill of stakeholder groups such as the SA Law Society, which complained about the lack of consultation before introducing the bill and flagged concerns about many legal complexities associated with the private use of e-scooters on public infrastructure, including significant insurance implications,” they said.
