A Sunshine Coast mum will go to the Queensland Civil and Administrative Tribunal in her fight to get her bike returned, after police rejected her offer to retrofit it to meet the state’s e-bike laws.
Tanya Tierney’s 17-year-old son Austin was stopped by police while he was riding on Nicklin Way at Bokarina on the Sunshine Coast on July 11, less than two weeks after the start of the new laws. He was on his way home after working shifts at two jobs and then going to the gym.
The bike, which belonged to his mother, is a Cruzr Traveller, which has a 750 watt Bafang motor – above the 250 watt continuous rated power requirement.
Austin was left to walk home once police seized the device and put it in Transport and Main Roads storage.
Tierney said her son was riding safely, and obeyed the police direction to stop, whereas many teens would ride away, knowing it was unlikely they would be chased.
“We felt we did a lot of research on a safe bike,” she said, adding she went halves on the $2800 cost with her son.
“I think the upsetting thing for us as a family is we’ve always taught our children to be very respectful of the police and also the law.”
Working with e-bike shop Cruzr, Tierney developed a plan to install a 250-watt motor, new controller, display and a 25km/h assistance limit on the bike to make it compliant with the international standard, EN15194.
Tierney lodged a release application with police, which was refused, and then applied for an internal review, but a Sunshine Coast officer confirmed the original decision on October 2.
“Unfortunately, a future intention to modify a vehicle does not establish that the vehicle presently satisfies the statutory requirements for release,” the deciding officer wrote.
“Accordingly, I am not satisfied that the vehicle is otherwise not a prohibited bike.”
A seized prohibited bike can be released if the vehicle was registered, allowed to be used in a public place, was not a banned bike, the applicant did not allow the bike to be ridden, or it was not ridden on a road or in a public place.
Tierney will appeal the decision in the Queensland Civil and Administrative Tribunal.
If a release application is not made within 30 days of a seizure, or if an application is refused, a bike will be forfeited to the state for disposal, unless it is further appealed in QCAT.
From July to mid-September, police seized 466 bikes and e-scooters and issued 2142 fines. Transport Minister Brent Mickelberg watched as 59 bikes and scooters were crushed at a Rocklea wreckers last month.
People have until the end of February 2027 to get compliant e-bikes checked by an authorised verifier with a fee of up to $70 per bike, if it does not already have an EN15194 marking.
A qualified and approved bike mechanic will issue e-bikes with a sticker confirming they comply with EN15194, or that it is a special purpose bike or trike used by someone with a disability or medical condition.
E-bikes are legal in Queensland if they have a 250-watt motor and assistance provided while pedalling must cease at 25km/h.
The assurance scheme will open on November 2, when an initial list of approved verifiers will be released.
Higher-powered or higher-speed devices modified to meet the rules will not qualify because of an “ongoing compliance and enforcement risk, as the modifications may be reversed after verification”, the scheme says.
Tierney was one of several customers who contacted Cruzr asking for help after a seizure.
There is no government buyback scheme and Facebook Marketplace is littered with Brisbane listings for non-compliant bikes.
Cruzr director Tim Scott said he wanted his customers back on the road.
“We’ve offered legal solutions, and that is changing the electrical system, including the motor to meet EN compliance, and the officer or police didn’t believe us or weren’t interested in our compliance methodology,” he said.
“We hope they change the process and that the verification process includes the actual manufacturers because I’ve spent $150,000 on 250-watt systems ready to change over, and yet I’m not approved to do that.
“We can do them here before they go out the door, but we’re not allowed to do them for the old customers. We have a solution which we’re not allowed to implement.”
Under the assurance scheme, retailers can apply to be an authorised verifier, but if they sell bikes that do not meet EN15194, or have sold a device that was seized by police and forfeited, they would be ineligible.
Mickelberg said the government’s “nation-leading laws get the balance right between cracking down on those who do the wrong thing while backing those Queenslanders who do the right thing and delivering sensible exemptions”.
Queensland Police were contacted for comment.
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