Hello Mathew

Thank you for your email about using scooters on a footpath.

In the first instance, we would suggest contacting Auckland Transport in
relation to their bi-laws related to using a low or unpowered recreational
device on the footpath.

In relation to motor vehicle clarification, there are requirements on
where and how you can use an unpowered scooter and these include:

• On the road, you must keep as close as possible to the edge of the
roadway.
• On the footpath:
       you must ride carefully and be considerate of others on the
footpath
       you must not ride at speeds that put other footpath users at risk
       you must give way to pedestrians and drivers of mobility
vehicles.

As you may be aware, more information can be found via:
[1]http://education.nzta.govt.nz/resources/...

In relation to electric scooters, there are only a small number of
low-powered vehicles that have been declared as not being motor vehicles
and these are mobility devices, power-assisted cycles and Yike Bikes. As
an electric scooter is not defined as a cycle (even if its maximum power
does not exceed 300 watts), it has not been declared as being a non-motor
vehicle.

This means that an electric scooter would be considered to be a motor
vehicle and would need to be registered. However, as it would not be able
to meet any of the standards it would not be able to be registered as a
moped. In addition, as it is considered a motor vehicle it cannot be
driven on a footpath in accordance with Section 2.13 of the Land Transport
(Road User) Rule 2004 which can be found via:
[2]www.legislation.govt.nz/regulation/public/2004/0427/latest/DLM303057.html

Any vehicle meeting the definition of motor vehicle requires registration,
inspection and a driver licence applicable for the vehicle type.

Most two-wheel electric scooters and two-wheel low-powered vehicles are
mopeds and the relevant laws apply (eg riders must have a class 1 driver
licence and wear a motor cycle helmet, mopeds must be registered and
licensed, mopeds must not be ridden in a cycle lane). For your reference,
vehicle classifications can be found via:
[3]www.nzta.govt.nz/vehicles/vehicle-types/vehicle-classes-and-standards/vehicle-classes/

Please note: It would be a significant change in current classification
for further small powered vehicles not to be treated as motor vehicles.
Any change would require considerable investigation and consultation into
the appropriateness of making a change as there are significant possible
risks in these vehicles using and sharing both the footpath and the
roadway. The legislation also requires the Transport Agency to investigate
and make separate determinations for each low-powered vehicle type and
model. At this point of time, until the Transport Agency receive more
information on the impact, both now and in the future, of increasing the
total number of vehicles declared not to be a motor vehicle and what types
of low powered vehicles could appropriately be declared not to be a motor
vehicle, we are unable to assist with individual models.

The following link to the Transport Agency website provides more
information about low-powered vehicles:
[4]http://www.nzta.govt.nz/vehicles/vehicle...

Regards

Dan Thompson / Senior Customer Access Representative
Customer Service Centre 
NZ Transport Agency
P 0800 822 422 / E [5][email address] / W [6]www.nzta.govt.nz
PALMERSTON NORTH OFFICE / 43 Ashley Street,
Private Bag 11777, Palmerston North 4442, New Zealand

 

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