High-powered electric motorbikes will still be able to be legally purchased in Queensland under proposed new laws despite the devices being involved in fatal incidents, cycling advocates have warned.

Under proposed legislative changes, from July 1 e-bike riders in Queensland would face a swathe of new rules, including a 10km/h limit on shared footpaths and needing to be 16 years or above and hold at least a learners licence. Devices with a top speed above 25km/h would be classed as a motorcycle or moped, meaning they could only be used on a road and require registration and insurance.

But bicycle advocacy groups say electric dirt bikes, like one that a 15-year-old boy was riding when he died on the Gold Coast last year, could still be legally sold under the legislation.

A person on an electric motorbike doing a wheelie

Electric motorbikes are more powerful than e-bikes. (Supplied: Queensland Police)

General manager of Bicycle Industries Australia, Peter Bourke, said as long as the electric dirt bikes are sold for use on private land, these devices will not have to meet the same requirements as those sold for use in public.

Mr Bourke said it was the electric dirt bikes “providing concern” in the industry.

“You can still buy a bike that is overpowered, over-speed and then it is up to the consumer to use it legally,” he said.

“Unfortunately, we’ve seen that isn’t always the case.”Peter Bourke stands in front of some bicycles in a shop.

Peter Bourke from Bicycle Industries Australia said over powered e-bikes are a concern for police and the public. (Supplied)

The legislation proposes increasing the maximum penalty for riding a prohibited bike in a public area to 40 penalty units, totalling $6,676.

Police would also be given increased powers to seize and dispose of non-compliant e-bikes.

Changing standards

Under the proposed legislation e-bike users will be given a six-month transition period to prove their device meets the standard EN15194 + A1:2023.

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The standard stipulates that all e-bikes should stop providing pedal assist at 25km/h, have a maximum motor of 250W and not provide assistance if the rider is not pedalling at 6km/h or more.

It’s that A1:2023 addition that has stakeholders concerned.

It stands for an amendment to the standard that was introduced in the European Union in 2023 and was not mandatory on new e-bikes until August last year.

A pop-up stall in Brisbane’s CBD operated by Bicycle Queensland inspected e-bikes from members of the public this week to see if they would meet the new standard.

A group of people with bicycles standing around

Just one out of 40 e-bikes inspected by Bicycle Queensland were found to be compliant under proposed new standards. (Supplied: Bicycle Queensland)

Out of the 40 e-bikes they saw, Bicycle Queensland CEO Matthew Burke said 39 would not be compliant under the proposed legislation — including one that had cost more than $7,000.

“That seems really nuts to us,” Mr Burke said.

“The safe legal e-bike stores, the good retailers, will no longer be able to sell product to children.

“And we just can’t see how this inquiry got to that point.”

A man holds his bicycle while another person inspects underneath it

E-bikes will have to show they meet the standard EN15194. (Supplied: Lachlan Ryan)

‘Impossible’ request

A permanently attached compliance label proving the e-bike meets new standards would need to be visible under the new legislation.

Mr Burke said the industry was “very supportive” of minimum standards for e-bikes, but believes it is not possible to retroactively label all of Queensland’s estimated 200,000 e-bikes.

“It will be impossible to retrospectively certify bikes, not because physically you can’t test a new bike but more practically, the cost is exorbitant.”

A man sits on outdoor steps with a bike helmet on his knee and an e-bike next to him

Matthew Burke is concerned about the new standards for e-bikes. (ABC News: Luke Bowden)

Mr Bourke said the majority of e-bikes purchased in 2026 should have a compliance sticker already, and an e-bike purchased from a “quality brand” is highly likely to meet the EN15194 standard required.

But riders who purchased bikes through less well-known dealers or online might have a harder time proving their bike can meet the standard, he said.

“Unfortunately, if you have bought a bike online, there won’t be that administrative paper trail or maybe even a paper trail,” Mr Bourke said.

“If you don’t have that background, there’s a strong chance it doesn’t [meet the standard] and never was road legal.”

In a public briefing held earlier this month Transport and Main Roads deputy director-general Andrew McMahon said the issue was something they would “look into” and that they would “not necessarily intend to exclude devices that were complaint with the prior standard.”

Minister for Transport Brent Mickelberg has been contacted for comment.

Public hearings and briefings for the legislation are scheduled for Friday, April 24 and Monday, April 27.