Police have been seizing allegedly unregistered trail bikes, but a Wagga councillor wants offenders to face mandatory penalties. Photo: Riverina Police.
Wagga Council has watered down a push by a councillor to lobby Wagga MP Dr Joe McGirr for tougher penalties for illegal trail bike riders.
Cr Richard Foley told a recent meeting that illegal trail bike riding in residential streets, parks and public spaces was an escalating safety issue in Wagga Wagga, with unregistered bikes and unlicensed riders engaging in dangerous behaviour.
“Council is aware of a recent local incident in which an elderly resident using a mobility scooter was struck by an illegal trail bike rider,” he wrote in a motion presented to the meeting.
“While the circumstances of that incident are a matter for police, it illustrates the real danger this conduct poses … It is only a matter of time before such an incident results in a serious or fatal outcome potentially involving a child, an elderly resident, or another vulnerable person using our streets, parks and footpaths.”
Cr Foley said current warnings and fines were failing to deter repeat offenders.
“The community is often saying the police and magistrate is not doing enough, that’s not their fault, it’s actually the legislation … So we’re asking for a change in the legislation to avert a serious incident.”
His original motion called on Mayor Dallas Tout to write to Dr McGirr requesting he introduce a new bill creating an escalating three-tier penalty system. It proposed substantially higher fines, vehicle seizure with a pathway to forfeiture, mandatory six months of community service for a first offence and jail for a third offence.
However, several councillors argued the proposal went too far by prescribing specific penalties.
“I was deeply uncomfortable with the suggestion of mandatory minimum sentences,” Councillor Jenny McKinnon said, adding that judges and magistrates should determine appropriate penalties.
Councillor Georgie Davies successfully amended the motion, removing the proposed fines and sentencing details. Instead, the letter will simply ask Dr McGirr to consider introducing legislation providing a “stronger penalty framework” for illegal trail bike offences.
The amended motion passed with support from every councillor except Cr Foley, who voted against it but said he was pleased the issue was at least moving forward.
Richard Foley says it’s only matter of time before someone is seriously hurt by illegal trail bike use. Photo: Chris Roe.
Region asked Dr McGirr whether he would introduce such a bill. While he did not answer that question directly, he said his priority was ensuring illegal trail bike riders could be safely apprehended.
“The issue of unregistered trail bikes on local streets is a very serious matter and the council – and wider community – are quite rightly concerned about the dangers caused by this reckless behaviour,” he said.
“I have previously raised this matter with police, who advised of the difficulty they face in apprehending trail bike riders without causing a significant risk to the safety of the riders and other road users.”
Police generally avoid pursuing trail bikes when the risks of a chase outweigh the potential benefits, particularly if riders are travelling at high speeds through residential areas or public spaces.
Dr McGirr said that while seizing illegally ridden motorbikes could act as a deterrent, it was only possible if offenders could first be safely stopped.
“Until a solution can be found to this obstacle, I continue to support alternative control measures, such as the use of drones by police to monitor and track illegal riders,” he said.
“I have written to Police Minister Yasmin Catley to alert her to the risk posed by these riders and to request she investigate the use of drones, or other potential solutions, to remove unregistered and unlicensed riders from our roads.”
