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Wheelchair Users and the Law

The purpose of this information sheet is to try to answer some of the more common questions raised by drivers of self-propelled wheelchairs:

What is a self-propelled wheelchair?

It is a vehicle specifically designed and constructed (not merely adapted) for the transport of a person with some physical infirmity or disability. A self-propelled wheelchair has the following characteristics:

  • seating for one person only; and
  • capable of short low speed journeys only: and
  • an unladen mass not exceeding 250 kilograms.
  • Do I need to register and insure my self-propelled wheelchair?

    No. Section 12a of the Motor Vehicles Act allows for a self-propelled wheelchair to be driven on a road without registration or insurance, provided the driver is a person who, because of some physical infirmity, reasonably requires the use of a wheelchair.

    If I don’t need to register or insure my self-propelled wheelchair, what happens if I cause an accident which results in injury or damage to another person or their property?

  • As a service to members of the community with disabilities, the Motor Accident Commission provides drivers of self-propelled wheelchairs with ‘third party bodily injury insurance cover at no cost. No application for the insurance cover is necessary. However, the insurance only covers your legal liability for injury to other people as a result of an accident involving your wheelchair. It does not cover any injury you may sustain or cover the cost of any damage to your wheelchair, or damage to any other person’s vehicle or property. Most household insurance policies cover legal liability for injury to other persons or damage to their property, but it is unusual for the insurance to include accidental damage to your wheelchair. If you require cover for damage to your wheelchair, it is suggested that you seek advice from an insurance company.Do I need a driver’s licence to drive my self-propelled wheelchair?No. From May 1998, the Regulations under the Motor Vehicles Act exempt a person from the need to hold a drivers licence, provided the wheelchair is driven by a person who is entitled to drive a self-propelled wheelchair without registration and insurance.What road laws must I obey when driving my self-propelled wheelchair?’Drivers of self-propelled wheelchairs have the same responsibilities as other road users. This includes keeping to the left, observing traffic lights, stop signs, ‘Give Way’ signs, etc. When driving on a footpath, you must not exceed the speed limit of 10 km/h which applies to self-propelled wheelchairs.

    BE SEEN - BE SAFE

    One of the major difficulties faced by wheelchair drivers when driving on a road is being seen by other road users. This is due mainly to the size of the wheelchair relative to other vehicles. Driving on the footpath is a much safer alternative. However, if you need to drive on or over a road, it is recommended that you display a ‘bicycle flag’ on your wheelchair. These are available from most bicycle shops and will assist in making your wheelchair more visible to other road users. Although it is not recommended that you drive on the road at night, if you need to do so, you should wear bright clothing and display lights to the front and rear of the wheelchair (white light to front, red light to rear). The use of reflectorised tape and bicycle wheel inserts will also improve the visibility of the wheelchair.

    Further Information

    Further information or clarification can be obtained by telephoning Registration and Licensing’s ‘Information Helpline’ on 13 10 84 (8am - 6pm, Monday to Friday).

    *Source: Transport SA

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    Written by dnw on Tuesday, April 1, 2008
    Tagged: law, mobility, transport, wheelchair

     

    One comment about “Wheelchair Users and the Law”

    1. Helen Varney Says:

      It would be good to have similar information on motorised scooters.

      August 13th, 2008 at 12:07 pm

    Leave a Comment

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