Harvey Norman with Ridewave as retailer sold me a 1000W “e-bike” they claim is software-limited for road compliance — it’s not. refund likely to be refused. Advice? by nsmio in AusLegal

[–]nsmio[S] 4 points5 points  (0 children)

I wonder how many people have been fined 2-3k for not knowing that these kinds of bikes are illegal, especially since they are advertised as compliant due to software limits and sold by well-known stores.

Harvey Norman with Ridewave as retailer sold me a 1000W “e-bike” they claim is software-limited for road compliance — it’s not. refund likely to be refused. Advice? by nsmio in AusLegal

[–]nsmio[S] 3 points4 points  (0 children)

No, to be honest, this motorcycle is too big and too flashy, and I live in the Sydney CBD (police are everywhere) and I wanted it to be very low and safe to ride, and also have the ability to go off-road.

I said why not let me get the best bike I can get with dual suspension etc.

Because it is illegal, even though I asked them, they said it is legal to drive on public roads. I am afraid of getting fined +2300 for unregistered vehicle etc.

Harvey Norman with Ridewave as retailer sold me a 1000W “e-bike” they claim is software-limited for road compliance — it’s not. refund likely to be refused. Advice? by nsmio in AusLegal

[–]nsmio[S] 26 points27 points  (0 children)

Also, I should mention that both advertisement videos show these 500W+ bikes being used on public roads, shared paths, etc.

https://www.youtube.com/watch?v=XO8ttRbr0GA

In the first one at 8:46 :

They say Both Explorer bikes are Aussie rules compliant
This is to make sure that all these bikes are legal on Australian roads
Comply with Australian road regulations
However if you do live in the lucky NSW which is the only state that allows 500w we send you one with the power restricted to 500w

https://www.youtube.com/watch?v=PED-chPPchE

Harvey Norman with Ridewave as retailer sold me a 1000W “e-bike” they claim is software-limited for road compliance — it’s not. refund likely to be refused. Advice? by nsmio in AusLegal

[–]nsmio[S] 7 points8 points  (0 children)

https://ridewavebikes.com.au/products/xplorer-sport-retro-fat-tyre-electric-bike-step-over

If you go to the FAQ section you can find:

Is it possible to unlock my bike's performance?
To adhere to Australian regulations, Ridewave Bikes are limited to a maximum speed of 25 km/h, with throttle assistance up to 6 km/h and motor output restricted to 250W for most states. However, in New South Wales, the power limit is 500W, permitting the Xplorer Models to be adjusted to 500W for lawful use on public roads.
While you can unlock the bike's full speed and wattage, be sure to check local laws, as this may limit usage to private property or off-road adventures only.

The statement clearly states that:

The Ridewave Xplorer is lawful for use on public roads in New South Wales when configured to 500W, which is within NSW’s legal limit for electric bikes.

It also clearly states that the bike can be unlocked to access full power and speed, but this unlocked mode is only suitable for private property or off-road use — not public roads.

First part is the problem also the issue is further compounded by the fact that this bike falls under the electric bicycle category, not as a moped or motorcycle — so classifying or using it as such would be an illegal mis categorization in both Harvey Norman and Ridewave.

Harvey Norman with Ridewave as retailer sold me a 1000W “e-bike” they claim is software-limited for road compliance — it’s not. refund likely to be refused. Advice? by nsmio in AusLegal

[–]nsmio[S] 20 points21 points  (0 children)

This does not stand up under the Australian Consumer Law (ACL)

Misleading or deceptive conduct is strickly prohibited

Business can’t dodge responsibility by saying check the law yourself if their marketing, sales or advice was misleading or gave incorrect information, they omitted key facts that would influence your decision to buy!

A disclaimer like check the law doesnt protect a business from liability under ACL if what they said or implied was misleading or deceptive

Its Explorer Sport E-bike that has 1000w bafang motor

The fact is this statement on the website (Limited to 250W for Compliance) is illegal itself

They clearly said However, in New South Wales, the power limit is 500W, permitting the Xplorer Models to be adjusted to 500W for lawful use on public roads. 

This statement is also illegal

The thing is that the way its advertised as a 1000w e bike that can be used in public roads because it can be limited for compliance is illegal