E-scooter motor vehicle exemption review

Whether to renew the e-scooter (Declaration Not to be Motor Vehicles) Notice 2018 is being reviewed by Waka Kotahi NZ Transport Agency as the declaration expires on September 30 this year.

It’s running an online survey closing August 7, 2023, 5pm, including asking whether the declaration should be renewed or not as it exempts e-scooters with a maximum power output of 300W from being classified as motor vehicles.

“This means that these e-scooters are not required to meet certain motor vehicle standards or be registered when used – for example, it means that riders are not required to have a driver’s licence and e-scooters do not have to have number plates on them,” the NZTA explains.

“By declaring that e-scooters are not motor vehicles, it also means that e-scooters can be used in different spaces including on footpaths.”

If the NZTA renews the declaration, e-scooters would be able to be used in the same way they are now. People would still be able to use e-scooters (with a maximum power output of 300 Watts) on footpaths, shared paths, cycle paths and the road.

If the declaration is not renewed, e-scooters would need to be registered and e-scooter riders would need to be licensed, the agency adds.

Under section 168A of the Land Transport Act 1998, the NZTA can declare that a vehicle or device is not a motor vehicle, andhas made declarations for e-bikes, YikeBikes, and e-scooters (all with a maximum power output of 300W or less).

Rules for how e-scooters should be used are set out in the Land Transport (Road User) Rule 2004.

This rule says people riding e-scooters on the road must remain as near as practicable to the edge of the roadway when riding, and that when e-scooter riding on the footpath they must operate in a careful and considerate manner (getting off the e-scooter and pushing/carrying it until there are fewer people, for instance).

People must not operate the device at a speed that constitutes a hazard to other footpath users and must give way to pedestrians and people using mobility devices.

Living Streets Aotearoa, which believes footpaths should be preserved for pedestrians, says the NZTA also wants to know what challenges people have with e-scooter footpath sharing, why people ride e-scooters, whether e-scooter use has been made safer (such as parking, geo-fencing, in-app training), or any other points people might want to raise.

“Using fast moving vehicles of any type on footpaths severely compromises the safety and comfort of pedestrians and degrades the non-transport functions of footpaths.

‘We recognise that e-scooters could contribute to decreasing the carbon emissions and congestion associated with our urban transport system and for that reason we support their use in cycle lanes/paths and on the roadway where the speed limit is 30km/h or less.”

Living Streets Aotearoa says technology in use overseas enables e-scooters to detect whether they are being ridden on the footpath, in cycle lanes/paths or on the roadway.

“This means that their speed can be controlled by the companies that hire them out. We advocate that the use of such technology should be a requirement of e-scooters to be used in NZ.”

Email escooters@nzta.govt.nz to send the extra query responses.