Otis Singleton
Electric scooters are a popular mode of transport in New Zealand, with companies like Lime claiming that nearly one million trips have been made on Auckland streets in less than four months. However, the legality of electric scooters in New Zealand is a complex issue. While the New Zealand Transport Agency (NZTA) has allowed e-scooters on roads and footpaths by defining them as non-motor vehicles, there are concerns that the correct procedure was not followed, rendering e-scooters legally defined as motor vehicles. This has led to calls for the New Zealand government to adopt similar regulations to the UK, where e-scooters are limited to a top speed of 25kph and are only permitted on roads and cycle lanes, with riders banned from pavements. With no clear resolution as of April 2019, the current situation in New Zealand allows e-scooters to be used on the pavement and roads, but not in designated cycle lanes.
| Characteristics | Values |
|---|---|
| Legality of electric scooters in New Zealand | The New Zealand Transport Agency (NZTA) allowed e-scooters on roads and footpaths by defining them as non-motor vehicles. However, the NZTA did not follow the procedure defined by law, and e-scooters are still legally defined as motor vehicles. |
| Requirements for riding an electric scooter | The NZTA's notice states that a helmet is not legally required when using an e-scooter, but it is recommended. However, as e-scooters are legally considered motor vehicles, riders may need to wear a motorcycle helmet and have a Class 1 driver's license. |
| Where can electric scooters be used? | E-scooters can be used on the footpath or the road, except in designated cycle lanes that are part of the road. |
| Speed limit | There is no specific speed limit mentioned, but riders are advised to ride at a safe speed that does not pose a hazard to themselves or others. |
| Safety considerations | Riders should give way to pedestrians and mobility devices, and ride as near as practicable to the edge of the roadway. Cyclists, other road users, and pedestrians may not hear you approaching, so always ride in a safe and considerate manner. |
| Regulatory changes | There have been calls for regulatory changes to allow e-scooters on cycleways instead of footpaths, with some advocating for speed limit changes as well. |
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What You'll Learn
E-scooters defined as non-motor vehicles
The use of e-scooters in New Zealand has been a topic of debate and discussion in recent years. While they offer increased mobility, there are also safety concerns associated with their use.
In the past, the New Zealand Transport Agency (NZTA) allowed e-scooters on roads and footpaths by defining them as non-motor vehicles. However, it has been pointed out that the NZTA did not follow the legally defined procedure for this reclassification. According to the law, the NZTA should have issued a gazette notice and presented it to the House of Representatives, which they failed to do within the required time frame. As a result, some argue that e-scooters are still legally defined as motor vehicles, and riders should have a Class 1 driver's license, wear a motorcycle helmet, and not ride on footpaths.
On the other hand, sources suggest that e-scooters can be used on footpaths and roads, except in designated cycle lanes designed solely for cyclists. Users are advised to give way to pedestrians and mobility devices and to ride at a safe speed. While wearing a helmet is not legally required, it is strongly recommended for safety reasons.
The debate around the legal status of e-scooters in New Zealand continues, with some advocating for stricter regulations similar to those implemented in the UK. These regulations include hiring e-scooters from licensed operators, limiting their speed, and restricting their use to roads and cycle lanes while banning them from pavements.
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Safety concerns and regulations
The use of electric scooters in New Zealand has sparked debates about safety concerns and regulations. While electric scooters offer increased mobility, they also introduce potential safety risks for riders and other road users if not used safely and considerately.
One of the main concerns is the lack of clear legal status for electric scooters. Initially, the New Zealand Transport Agency (NZTA) allowed electric scooters on roads and footpaths by classifying them as non-motor vehicles. However, it has been argued that the NZTA did not follow the required procedure, including issuing a gazette notice and presenting it to the House of Representatives. As a result, some sources suggest that electric scooters are legally considered motor vehicles, which would require riders to have a driver's license and wear a motorcycle helmet, and prohibit them from riding on footpaths.
The presence of electric scooters on footpaths has been a point of contention. While some sources indicate that electric scooters are permitted on footpaths, others argue that they should be restricted to roads and cycleways. The Mayor of Auckland, Phil Goff, has expressed support for allowing electric scooters on cycleways, acknowledging that it makes more sense than having them on footpaths. However, this would require a regulatory change.
To address safety concerns, road safety campaigners like Clive Matthew-Wilson have advocated for the adoption of regulations similar to those implemented in the UK. These regulations include hiring electric scooters from licensed operators, limiting their top speed, restricting them to roads and cycle lanes, and requiring riders to be at least 16 years old and hold a valid driver's license. Matthew-Wilson highlights the need for proper safety assessments and expresses concern about the lack of financial responsibility taken by e-scooter promoters for injuries caused by their scooters.
Currently, there are no consistent regulations regarding the use of electric scooters in New Zealand, and the legal status remains somewhat ambiguous. While some sources suggest complying with general safety guidelines, such as riding at a safe speed, giving way to pedestrians and mobility devices, and wearing a helmet, the specific rules vary depending on the region and local regulations.
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Legality of riding on footpaths
The legality of riding electric scooters on footpaths in New Zealand is a complex issue and a topic of ongoing debate.
The New Zealand Transport Agency (NZTA) initially allowed e-scooters on roads and footpaths by classifying them as non-motor vehicles. However, it has been argued that the NZTA did not follow the legally defined procedure for this reclassification. According to Dr. Hood of the Dunedin Pedestrian Action Network, e-scooters are legally motor vehicles, and riders are required to have a Class 1 driver's license, wear a motorcycle helmet, and refrain from riding on footpaths.
Section 2.13 of the Land Transport (Road User) Rule 2004 states that motor vehicles cannot be driven on footpaths. This regulation, in conjunction with the argument that e-scooters are legally motor vehicles, suggests that riding e-scooters on footpaths may be illegal.
Despite this, some sources indicate that e-scooters can be used on footpaths, except in designated cycle lanes that are part of the road. This position is supported by the Electric Scooter Shop, which states that e-scooters are permitted on footpaths and roads but not in bike lanes.
The Mayor of Auckland, Phil Goff, has expressed support for allowing e-scooters on cycleways, stating that it makes more sense than having them on footpaths. He has indicated that this would require a regulatory change, which he is advocating for.
The topic of e-scooter legalization on footpaths is a contentious one, with pedestrian groups expressing concern. Road safety campaigner Clive Matthew-Wilson has criticized the introduction of e-scooters on footpaths, arguing that it was done without proper safety assessments, leading to a stream of accidents. He has advocated for the adoption of English regulations, which ban e-scooters from pavements and require riders to have a driver's license.
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Legality of riding on roads
The legality of riding electric scooters on roads in New Zealand is a bit complicated. There are differing opinions on whether or not e-scooters are allowed on roads, footpaths, and cycle lanes.
The New Zealand Transport Agency (NZTA) has allowed e-scooters on roads and footpaths by defining them as non-motor vehicles. However, some sources argue that the NZTA did not follow the proper procedure, as they did not issue a gazette notice and present it to the House of Representatives. As a result, e-scooters are still legally defined as motor vehicles, which means that riders would need a Class 1 driver's license and would not be allowed to ride on the footpath.
On the other hand, some sources suggest that e-scooters can be used on the footpath or the road, but not in designated cycle lanes. E-scooter riders are expected to give way to both pedestrians and drivers of mobility devices and stay as close to the edge of the roadway as possible when on the road. While a helmet is not legally required, it is strongly recommended for safety reasons.
The Mayor of Auckland, Phil Goff, has expressed support for allowing e-scooters on cycleways, acknowledging that it makes more sense than having them on footpaths. He has indicated that this would require a regulatory change, which he is pushing for.
It is worth noting that there have been concerns raised about the safety of e-scooters, particularly regarding accidents and injuries. Some road safety campaigners advocate for regulations similar to those in the UK, where e-scooters are limited to a top speed of 25kph and are only permitted on roads and cycle lanes, with riders banned from pavements.
As of April 2019, there have been no reported incidents of a scooter powered by a motor of over 300 Watts falling foul of any legalities, and there is higher demand for these higher-powered scooters as they offer better performance for climbing hills.
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Legality of riding in cycle lanes
The legality of electric scooters in New Zealand is a complex issue. While they are a popular mode of transport, there are differing views on whether they should be allowed on cycle lanes.
Currently, e-scooters are not permitted in designated cycle lanes, which are intended solely for cyclists. E-scooter riders are expected to give way to pedestrians and mobility devices and ride at a safe speed that does not endanger themselves or others. They are advised to keep to the left when using the road instead of the footpath.
However, there are ongoing debates and efforts to change this. The former Auckland Mayor, Phil Goff, supported the idea of allowing e-scooters on cycle lanes, stating that it made more sense than having them on footpaths. He recognised that this would require a regulatory change and indicated his willingness to push for it.
The legality of e-scooters in New Zealand is further complicated by the process through which they were introduced. Some argue that the New Zealand Transport Agency (NZTA) did not follow the correct procedure when allowing e-scooters on roads and footpaths by defining them as non-motor vehicles. According to critics, the NZTA failed to issue a gazette notice and present it to the House of Representatives within the required time frame, rendering their notice invalid. As a result, e-scooters are still legally considered motor vehicles, which would require riders to have a driver's license and wear a motorcycle helmet, and prohibit them from riding on footpaths.
The situation in New Zealand contrasts with regulations in the UK, where e-scooters are banned from pavements and permitted only on roads and cycle lanes, with riders required to have a driving license.
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Frequently asked questions
Electric scooters are currently allowed on New Zealand roads and footpaths, but there is some debate as to whether they were legalized properly. The New Zealand Transport Agency (NZTA) defined them as non-motor vehicles, but failed to issue a gazette notice and present this to the House of Representatives, as required by law.
Due to the legal grey area, it is unclear whether a license is required. If electric scooters were properly classified as motor vehicles, a class 1 driver's license would be needed.
While it is not legally required, wearing a helmet is strongly recommended by the NZTA.
Yes, electric scooters are allowed on the pavement and the road, but not in designated cycle lanes. However, pedestrian groups are concerned about the risk this poses and are advocating for change.
As of April 2019, there were no reported instances of a scooter with a motor over 300 Watts falling foul of any legalities.
