E-bike rider ‘cops it’ after drunken crash on Harbour Bridge

A man has been suspended from driving for a year after he was busted riding an electric bike across Sydney Harbour Bridge at more than three times the legal blood alcohol limit.

Paul Fortuna was sentenced earlier this year to a 12-month disqualification, a two-year interlock order and a $600 fine after pleading guilty to driving under the influence.

Fortuna first came to the attention of police when he was spotted “swaying side to side” while travelling on the bridge’s southbound bike lane shortly before 11pm on September 7, 2023.

“The appellant continued to ride in this manner, ultimately losing control approximately 80m from the bike lane exit onto Observatory Hill,” court documents state.

“He slammed into the fencing of the Harbour Bridge and fell to the concrete, sustaining serious head injuries which resulted in his hospitalisation for some period of time.

“A passer-by witnessed the appellant lying on the ground and called triple-0.

“He was taken to hospital and a blood alcohol sample was ultimately taken from him.

“That sample returned a reading of 0.152g of alcohol in 100ml of blood, placing the blood alcohol reading in the high range.”

Magistrate Julie Zaki noted in Fortuna’s initial March sentencing there was “ambiguity” about how an e-bike rider, as opposed to a car driver, ought to be punished.

Fortuna returned to court last month to appeal the mandatory interlock device condition which prevents a driver from starting their vehicle if they have drunk alcohol.

Overseeing the appeal, Justice Troy Anderson noted an e-bike fit the legal definition of a “vehicle” in NSW but not a “motor vehicle”, for which the interlock would apply.

“The e-bike that Fortuna was riding at the relevant time was a Cannondale Tesoro Neo X with a 250 watt pedal assisted Bosch electric motor,” Justice Anderson said.

“Critically, like a normal bike, the bicycle can only be propelled by pedalling. It has no throttle and the motor does not work unless the rider is actually peddling.

“The pedal assist cuts out at 25 kilometres per hour. There are photographs attached to Mr Fortuna’s affidavit which demonstrate the e-bike’s appearance.”

Ultimately, Justice Anderson determined an e-bike did not meet the definition with NSW’s Road Transport Act and thus could not be subject to the mandatory interlock.

Interlock devices stop the driver of a motor vehicle from starting the ignition if they have driven alcohol following a breath sample.

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