A paraplegic man, who was using an NDIS-supplied wheelchair supplement to assist with mobility, has been told by Northern Territory police he can no longer use the technology to move around Alice Springs.

Key points: NT Police say a paraplegic man's NDIS-funded wheelchair aid called a Firefly makes it too fast

NT Police say a paraplegic man's NDIS-funded wheelchair aid called a Firefly makes it too fast The detachable aid motorises wheelchairs, meaning users may have to register them as motor vehicles

The detachable aid motorises wheelchairs, meaning users may have to register them as motor vehicles Senator Jordan Steele-John says retailers of wheelchair aids should have been aware of regulations before selling them in Australian markets

The NDIS gave Colin Dawson the device around six months ago, after an occupational therapist recommended it.

The device that police deem illegal is called a Firefly, and attaches to Mr Dawson's manual wheelchair and motorises it, making it easier for him to move around the town.

"It just gives me a heap of independence," he said.

Too fast for footpaths?

But Northern Territory police say the wheelchair now travels too fast, and therefore needs to be registered as a motor vehicle.

NT Police's Conan Robinson said the legislation surrounding electric wheelchairs stated that they could not have the capacity to travel above 10 kilometres per hour.

"The device that Colin's using is actually defined as a motor vehicle in our very specific legislation around the topic," he said.

"It requires registration and compulsory third-party insurance."

Colin Dawson is hoping the NT Government will exempt him from having to register his wheelchair as a motor vehicle. ( ABC Alice Springs: Oliver Gordon )

The Northern Territory Traffic Control Act 1987 states that motorised wheelchairs that can travel faster than 10kph are classified as vehicles, and hence require registration.

In all states except Queensland mobility devices are not permitted to travel faster than 10kph.

Consumer electric scooters, such as Lime scooters, are permitted to travel up to 25kph in NSW and Queensland, but are restricted to 10kph or completely restricted in other states and territories.

Many more out there

This Firefly device attaches to manual wheelchairs and enables them to travel up to 25kph. ( ABC Alice Springs: Oliver Gordon )

The device Mr Dawson was using when he was pulled over is imported by Surgical Engineering, a Queensland-based disability supplier.

Spokesperson Meghan Braithwaite said the company imported approximately 10 Firefly devices every three months, and said other businesses were importing too.



"We would say there are over 150 [in Australia]," she said.

The ABC asked NDIS how many Fireflies it had subsidised, and whether or not it knew there were legal issues with the device.

A spokesperson provided the following statement:

The NDIS may fund a participant's disability supports, including assistive technology equipment, based on evidence provided by allied health or other professionals. However, the use of such equipment, including compliance with state law such as speed limitations or restrictions required, is the responsibility of the individual.

He should not be singled out: Disability group

Australian Federation of Disability Organisations CEO Ross Joyce said police were acting within their rights when they pulled Mr Dawson over.

But he said on this occasion it was important police respected the challenging nature of Mr Dawson's predicament.

"Mr Dawson has a right to be able to access the community and participate and be included in the community," he said.



"I would think, and I would be sure, that the police would take a bit more of an empathetic look at this," he said.

He said he would take the issue up with the NDIS on behalf of the people with disabilities he represented.

Distributor needs to know: Senator

Greens Senator Jordon Steele-John sat on a Senate Committee looking into motorised wheelchair laws and says Mr Dawson's case highlights the complexities. ( ABC News: Jed Cooper )

In September last year disability advocate Senator Jordan Steele-John sat on a Senate Committee examining the need for better motorised wheelchair and mobility scooter laws.

The committee's final report recommended national standardisation of regulations.

Senator Steele-John said Mr Dawson's case highlighted the fact that there was still confusion about law enforcement in this area.

"What we need to see here is Mr Dawson's case used as an example of the urgent need to make our communities more accessible," he said.

He also said distributors should have been aware of Australian regulations before they sold into the Australian market.

"The distributor has not lived up to their regulatory responsibility to place a [speed] limiter upon these devices," he said.

"Before devices like this are sold, distributors are meant to make sure that they comply in terms of placing a speed-limiter on the device.

"That obviously hasn't occurred in this situation."

Modification or exemption?

NT police have said that if Mr Dawson modified his vehicle so that it could not go faster than 10kph, it could be deemed a legal electric wheelchair.

But Mr Dawson said this was a costly option.

"I've spoken to a guy in Darwin, he said 'you're looking at $1,000'," Mr Dawson said.

Mr Dawson said the Motor Vehicle Registry was in the process of reviewing his case, and might grant him an exemption from needing to register his device.