A Sydney man has been handed a $600 fine and a 12-month driver's license suspension after being charged with high-range drink driving while riding an e-bike over the Sydney Harbour Bridge. Paul Fortuna, 38, crashed his e-bike in September after drinking at a pub in North Sydney, sustaining a serious head injury. A blood sample taken at Royal North Shore Hospital showed a blood alcohol reading of 0.152, more than three times the legal limit.
Fortuna, a courier company manager, received a court notice charging him with using a vehicle under the influence of alcohol. He was also ordered to install an interlock device on his car for two years, but that requirement was quashed on appeal. The court, however, upheld that the e-bike is considered a 'vehicle' under current legislation.
Fortuna criticized the ruling, arguing that the law fails to differentiate between an e-bike and a car. 'They basically haven't differentiated between an e-bike and a car,' he said. 'On a Saturday night you see all the young kids on the e-bikes. I used to ride everywhere, have a beer or two and drive home, but now it's just not worth it.' He also questioned why he was penalized for having a driver's license, suggesting the law is unfair to license holders.
During the original sentence, Magistrate Julie Zaki said her hands were 'tied' by legislation. Fortuna's lawyer, Maurice Baroni, called it a 'quirk of the legislation.' On appeal, Judge Troy Anderson SC ruled that an e-bike qualifies as a vehicle under the definition of anything 'on wheels,' but determined it does not meet the definition under NSW's Road Transport Act, thus exempting it from the mandatory interlock requirement.
