Electric Scooters - honesty in marketing - NOT

Is there an industry and retailer problem with how stand-up E-Scooters are being promoted? There are currently numerous businesses promoting retail sales of E-Scooters.

As discussed in another community topic, state by state legal use of E-Scooters is restricted or not permitted at all (NSW).

There are businesses promoting Scooters which exceed the permitted power and speed restrictions imposed by those states where scooter use may be permitted.

One example of advertising and promotion that’s clearly sending the wrong message. Note also this particular product can only be used legally on private property regardless of which state or territory the purchaser lives in.

So far the Australian linked online promotions that I’ve looked at have somewhere a disclaimer re legal use. You may need to be specifically looking for a it!

Shonky, because of the way the products are being promoted. The opportunities to use E-Scooters in particular the faster and more powerful other than on private property in Australia are zero. A typical disclaimer such as this one avoids the obvious.

What’s the point of the product if Purchasers are most likely to use the Scooters other than as legally permitted.

P.S.
The personal liability issues around their use, where legally permitted are significant. There is an assumption that when used illegally the rider has no protections if they cause injury and or loss.

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In some respects it is similiar to motorcycles, where differing licence requirements based on the engine size. Knowledge of this requirement is possibly mature within the community…but scooters are sold as a ‘toy’ or recreational device and many may not be aware of the restrictions placed on their use. This is something that needs to change.

There are other examples such as products which installation is banned in some areas, but can be sold at the local hardware store.

It is very much buyer beware and doing homework before making a purchase.

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To challenge that principle. (Buyer beware)
Isn’t that the reason Choice and other Consumer organisations exist? Because the actions of retailers and manufacturers are not always to the benefit of consumers.

The legal notion of ‘buy beware’ is out dated and inappropriate. We now have the ACL, the ACCC and the various state govt (& territory) run consumer protection agencies.

There is sufficient legal discussion to suggest that the principle in respect of everyday consumer purchases no longer applies. The ACCCs arguments prosecuting misconduct in the financial sector stands out as a gold plated example.

The unknown is how many purchasers buy the scooters fully aware and intent on disregarding the law and how many unwittingly accept poor advice from the seller. Especially for sales of scooters etc that do not meet local requirements. Worse in NSW where they are not legally able to be used other than on private property.

P.S.
Can a retailer absolve themselves from selling a product that is unlikely to be used legally (in the instances of the more powerful). Certainly there is opportunity for anyone injured by the use of an e-scooter to consider legal action against the importer/agent and seller. Consider how the product has been promoted. Motor vehicle adverts updated to include notes about closed roads etc to excuse the operation portrayed. Then progressed to ensuring all road use presented was legal. Why should marketing of E-scooters be to any less a standard, if the seller is seen to promote use that is not legally acceptable?

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Who dares wins?

Just as well that our Council provided concrete footpaths on both sides of the road.

And Cairns answer to road trains.

Not sure if it is actually legal.

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Yes, and precedence for this has existed for many decades (possibly a century), see below for the car example.

They do, but it isn’t it also the responsibility of a consumer to buy products which are fit for the purpose which they are intended to be used. A retailer nor Choice can’t be responsible for making sure that all consumers use the product legally and appropriately. This is an impossible task.

Take a car for example, modern cars are made and sold so that they easily exceed the posted speed limits. Should a car manufacturer restrict the sale of vehicles to those who can somehow prove that won’t speed and will drive appropriately. Or should car manufacturers only make cars which can’t speed…which is an impossibility as if they limit a car to say 110km/hr, a car can still speed when driven in areas where posted limits are less than that.

Many retailer sell products which can’t be used in a particular area or can’t be installed/used by a consumer. An example is electrical stores than sells electrical switches, flex, light fittings etc which legally can only be installed by an electrician. Should these hardware stores limit the sale of such items to those which are licenced electricians. This might be a good idea in some respects, but it does prevent consumers from making their own choices in relation to consumer products and having them installed legally by a licenced trade person.

There is if the product is defective and has a fault which causes an injury.

If one buys any product and uses it inappropriate (or illegally) and this results in an injury, then it is the consumer who takes on the responsibility. If the current laws are broadened to allow consumers to lake action against any manufacturer/retailer for a product which causes a injury irrespective of how it was used, I would expect that retail offerings in Australia would dry up or the price of products would increase substantially as the manufacturers/retailers would need to self insure in the event that someone uses the product anyway they see fit, and gets injured.

Consumer should have information available in relation to the legal use of scooters.

Should this information be provided at the point of sale? One could argue that this is possibly the last place to provide such information as the consumer is already there to buy the product and is unlikely to take time to read literature about the safe and legal use of a scooter to ensure that they consumer is aware within the retailer that the scooter has limited uses. This doesn’t occur for cars, buying a ride on mover, bicycles etc and why should scooters be singled out. It is also unlikely to sway a consumer that has already entered a store to make a scooter purchase.

Like other ride on devices/products, such information is widely available on the internet and also through relevant transport departments. Is this enough or should every ridable product come with big warning signs instore about its use (what is legal, what is appropriate and what is misuse?

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Bike Train!
Lucky it’s somewhere flat.

P.S.
Unregulated might be how the current regulations read. Although being a legally permitted road vehicle, there is probably a requirement to ensure the vehicle (bicycle) and trailers are or can be operated in a safe manner at all times. If braking is applied only to the leading bicycle the answer is possibly a no. Not that I’m a legal or vehicle design expert.

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Warning signs might be a good place to start, especially one clarifying the installed power and top speed. Whether the higher performance products should be permitted in the market place, it seems pointless that they are offered for sale when there is no likelihood they will be used legally.

Alternately it might be much simpler to place an outright prohibition on their importation and sale. At least until there is a better considered way forward. Like many things these days the products are advancing faster than the community can respond.

Not sure if there is a local distributor fir this one?
0-50mph in 4.8 seconds!

Extreme is one way to describe the product!
Obviously not really intend for the Highway, or is it?

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Just reading through this article and was about to comment that 1.6kW of power with such small wheels as the Apollo Ghost has was insane, but then came to the Wolf King 6kW… which is ridiculously insane. You would need to be sure that the path/road you were riding was super smooth, in order to avoid a very nasty crash. I can easily imagine people will meet their demise riding that machine!

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Imagine…

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