OC240331 Documents combined and redacted.pdf

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1 February 2024
OC231157
Hon Simeon Brown
Action required by:
Minister of Transport
As soon as practicable.
GOVERNMENT RESPONSE TO THE REGULATIONS REVIEW
COMMITTEE REPORT ON THE COMPLAINTS ABOUT THE
E-SCOOTERS (DECLARATION NOT TO BE MOTOR VEHICLES)
NOTICE 2018
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Purpose
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Provide you with a draft Government response, and associated Cabinet paper, to the
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Regulations Review Committee report on complaints about the E-Scooters (Declaration not
to be motor vehicles) Notice 2018.
Key points
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  In 2019, the Regulations Review Committee (the Committee) received three complaints
about the E-scooters (Declaration not to be motor vehicles) Notice 2018. The complaints
argued that the process undertaken by the NZ Transport Agency (NZTA) in making the
declaration was rushed, not carefully evaluated, and contrary to the purposes of the Land
Transport Act 1998 (the Act). The complainants expressed concern about the safety
impacts of the declaration as it allowed e-scooters to be ridden on footpaths.
•  The Committee released its second interim report in May 2023. The government’s
response was due with the Committee by 1 September 2023. As this deadline has
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passed, we recommend the Government responds to the Committee as soon as
practicable. RELEASED
•  We have prepared a draft Cabinet paper and Government response for your
consideration. The response notes your focus on progressing the Government’s 100-day
commitments and that you will consider issues relating to e-scooter regulation in line with
your ministerial priorities.
•  The response also notes the 2018 declaration was renewed for a further five years in
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September 2023. As part of the renewal, NZTA undertook safety, compliance,
effectiveness and compliance reviews and conducted public and stakeholder
engagement. The process followed by NZTA was in line with proposed changes the
Committee had supported in its first interim report.
•  Earlier responses to the Committee from officials and previous Ministers of Transport
largely focused on changes proposed in the Accessible Streets regulatory package as a
resolution to these complaints. Accessible Streets was primarily a package of land
transport rule changes, including a proposed national framework for the use of devices
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GOVERNMENT RESPONSE TO THE REGULATIONS REVIEW
COMMITTEE REPORT ON THE COMPLAINTS ABOUT THE
E-SCOOTERS (DECLARATION NOT TO BE MOTOR VEHICLES)
NOTICE 2018
The Government is required to respond to the Regulations Review Committee
1
In 2019, the Regulations Review Committee (the Committee) received three
complaints about the E-scooters (Declaration not to be motor vehicles) Notice 2018.
2
The Committee released a second interim report in May 2023 and the government’s
response was due by 1 September 2023. As this deadline has passed, we
recommend the Government responds to the Committee as soon as practicable. A
draft response and associated Cabinet paper are in Annex 1 for your consideration.
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3
This briefing also includes a summary of e-scooter regulation as requested by you at
officials meeting. It outlines the current approach and changes that were considered
by the previous government. When considering the regulation of e-scooters, officials
ACT
have sought to balance the economic benefits of innovation and new technologies
with the safety of all road users.
Use of e-scooters is regulated by the Land Transport Act 1998 and the Land
Transport (Road User) Rule 2004
4
The Land Transport Act 1998 (the Act) defines motor vehicles as vehicles drawn or
propelled by mechanical power except where the NZ Transport Agency (NZTA)
declares a vehicle not to be a motor vehicle under section 168A of the Act. As such,
e-scooters would be motor vehicles in the absence of a declaration.
5
Declaring e-scooters not to be motor vehicles means they are not required to meet
motor vehicle certification standards or be registered or licenced to be used on a
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road. A driver licence is also not required. The definition of road under the Act
includes streets, footpaths, or any place to which the public has access whether as a
RELEASED UNDER THE
right or not. Essentially, without a declaration, e-scooters would only be allowed on
private property (land not accessible to the public) and shared e-scooter schemes
would not be viable.
6
A wheeled recreational device under the Land Transport (Road User) Rule 2004 (the
Rule) includes a vehicle with one or more auxiliary propulsion motors with a combined
maximum power output not exceeding 300 watts. Most rental scheme e-scooters fit in
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this category and users must adhere to the requirements of the Rule, which provides
that users of wheeled recreational devices must:
• operate the device in a careful and considerate manner;
• not operate the device at a speed that constitutes a hazard to other footpath
users; and
• give way to pedestrians and drivers of mobility devices.
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In addition to the Rule, local authorities have mechanisms to influence operators of e-scooter
sharing schemes, who in turn can monitor e-scooter users
7
Local authorities may use council bylaws to regulate on-street commerce in their
areas and some use this power to regulate companies operating shared e-scooter
schemes (for example, Lime or Flamingo).
8
The main means of regulation for local authorities is to set parameters, through
contracts and codes of practice, which operators must comply with. Through these,
councils can set time of use restrictions, parking requirements, and set no-go and go-
slow zones through geo-fencing technology.
9
Some operators also use their terms of service to monitor and manage rider
behaviour. For example, encouraging considerate parking practices by requiring
photos of the parked scooter and offering incentives. These operator systems can be
used to demonstrate compliance with local authority requirements.
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Accessible Streets proposed a national framework for e-scooter use
10
While there are some controls available to councils to manage rider behaviour of
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rental e-scooters, there is no national consistency in the regulatory approach to
e-scooter operation, beyond the requirements of the Rule. Accessible Streets
proposed a national framework for the use of devices on footpaths, shared paths,
cycle paths and the roadway.
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11
Proposed rules included introducing speed limits on footpaths, ensuring pedestrian
priority, and introducing lighting and reflector requirements.
12
The package included other rules relating to road use, such as setting a minimum
overtaking gap for motorists passing vulnerable users and allowing e-scooters to use
in-road cycle lanes.
The package intended to simplify and clarify the definitions of devices such as e-scooters
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13
Accessible Streets proposed to replace the definition of wheeled recreational device
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with powered transport device (such as e-scooters and e-skateboards) and
unpowered transport device (such as push scooters). This would allow these devices
to be regulated separately and would allow for an enduring legislative solution. It also
proposed changes to section 168A of the Act to clarify and strengthen the process
that NZTA must follow in declaring vehicles not to be motor vehicles.
14
Vehicle classification issues raised by Accessible Streets are the consequences of a
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vehicles regulatory system that is increasingly out of date. Though not directly related
to this government response, we are preparing advice on a proposal for a vehicle
system reform programme as part of our road safety objectives briefing.

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ANNEX 1
Draft Cabinet paper and draft Government response

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ANNEX 2
Regulations Review Committee second interim report

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ANNEX 3
List of Accessible Streets proposals

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In Confidence
Office of the Minister of Transport
Chair, Cabinet Business Committee

GOVERNMENT RESPONSE TO THE REPORT OF THE REGULATIONS REVIEW
COMMITTEE ON THE COMPLAINTS OF BARRY PREDDLE, JANE CARRIGAN
AND THE DUNEDIN PEDESTRIAN ACTION NETWORK ABOUT THE
E-SCOOTERS (DECLARATION NOT TO BE MOTOR VEHICLES) NOTICE 2018

Proposal
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1
I am seeking approval of the Government’s response to the Regulations
THE
Review Committee’s (the Committee) second interim report on the complaints
about the E-Scooters (Declaration not to be motor vehicles) Notice 2018 (the
ACT
declaration).
2
The previous government was required under Standing Order 256 to respond
to the Committee’s report by 1 September 2023. It did not do this. As such, I
am proposing that the Government responds now.
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Background
3
In 2019, the Committee received complaints from Barry Preddle, Jane
Carrigan and the Dunedin Pedestrian Action Network about the declaration.
The Committee resolved to consider the complaints together.
4
The New Zealand Transport Agency (NZTA) made the declaration on 18
September 2018 under section 168A(2) of the Land Transport Act 1998 (the
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Act). This section provides a power for NZTA to declare that a vehicle or type
of vehicle propelled by a motor with a maximum power output not exceeding
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300 watts is not a motor vehicle for the purposes of that Act.
5
Declaring e-scooters not to be motor vehicles means they do not have to be
registered before operating on a road, and a person does not need to hold a
driver licence to ride on a road. It also allows them to be ridden on footpaths.
E-scooter users must follow the requirements of the Land Transport (Road
User) Rule 2004, including that they must use the device in a careful and
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consideration matter, give way to pedestrians and must not travel at a speed
that constitutes a hazard.
6
The concerns of the complainants centred on a perceived lack of
transparency in the declaration process, a lack of consultation by NZTA
before making the declaration, and safety concerns about the use of
e-scooters on footpaths.
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The Regulations Review Committee findings
7
The Committee considered the complaints and published a first interim report
in November 2021. This report:
•  expressed concern that regulating the use of e-scooters solely through
the Land Transport (Road User) Rule 2004 was inconsistent with
promoting safe road user behaviour and may not be in accordance with
the intentions of Standing Order 327(2)(a);
•  supported changes to section 168A of the Act and the introduction of
stricter requirements for declaring vehicles to not be motor vehicles;
•  expressed concerns about the delays to the Accessible Streets
package which was intended to address some of these issues. 1982
8
The Committee published a second interim report in May 2023. This report:
THE
•  noted the Committee’s disappointment with the lack of progress on
Accessible Streets and resolution of the issues raised in the previous
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report;
•  recommended that the Government progress changes to section 168A
of the Act swiftly to improve the regulation of e-scooters.
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NZTA renewed the declaration in September 2023
9
The 2018 Notice expired on 30 September 2023. On 28 September 2023,
NZTA renewed the declaration for a further five years. I am advised that as
part of the renewal, NZTA undertook safety, effectiveness, compliance and
enforcement reviews, and conducted public and stakeholder engagement.
The process followed by NZTA was in line with proposed changes the
Committee had supported in its first interim report.
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10
In its decision to renew the declaration, NZTA noted it considered a range of
factors to balance the contribution of e-scooters to an effective and efficient
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land transport system with safety concerns. It concluded that e-scooters
continue to make a useful contribution to the land transport system, and
e-scooter safety is comparable to other modes such as cycling.
11
NZTA also noted its intention to explore improvements to existing systems
and processes for ensuring the safety of e-scooter users and pedestrians.
The decision and supporting documents are available on the NZTA website.
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The Government’s response to the Committee recommendation
12
I propose that the Government’s response to the Committee notes my focus
on progressing the Government’s 100-day commitments and that I will
consider these issues in line with my ministerial priorities. It also notes NZTA
renewed the declaration in September 2023 for a further five years.
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13
Following our 100-day commitments, I will be considering and determining my
road safety objectives and work programme priorities, including the land
transport legislative programme. As part of this process, I will consider
possible changes to the Act and regulations for the use e-scooters.
14
I seek Cabinet agreement to submit the attached response to the House of
Representatives.
Consultation
15
This Cabinet paper and Government response were prepared by the Ministry
of Transport in consultation with NZTA. The Department of the Prime Minister
and Cabinet was informed.
Financial implications
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16
This paper has no financial implications.
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Publicity
17
I expect this response will generate some media interest given the recent
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incidences of e-scooters in the news. This will be managed through my office.
Proactive Release
18
I intend to proactively release this paper within 30 business days of final
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decisions being taken by Cabinet, subject to any redactions appropriate under
the Official Information Act 1982.
Recommendations
I recommend that the Cabinet Business Committee:
1
note that in early 2019 the Regulations Review Committee received
complaints from Barry Preddle, Jane Carrigan, and the Dunedin Pedestrian
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Action Network about the E-Scooters (Declaration not to be motor vehicles)
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Notice 2018;
2
note that in November 2021 the Regulations Review Committee presented its
first interim report to the Minister of Transport entitled “Complaint about the E-
Scooters (Declaration not to be motor vehicles) Notice 2018”;
3
note that in May 2023 the Regulations Review Committee presented its
second interim report to the Minister of Transport entitled “Complaint about
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the E-Scooters (Declaration not to be motor vehicles) Notice 2018”;
4
note that the Government is required to respond to the report in accordance
with Standing Order 256;
5
note that the previous government did not respond within the timelines under
Standing Order 256;
6
note that the 2018 Notice was renewed for another five years in 2023;
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7
approve the Government response, attached to this submission, to the
Report of the Regulations Review Committee entitled “Complaint about the E-
Scooters (Declaration not to be motor vehicles) Notice 2018”;
8
invite the Minister of Transport to present the Government response to the
House.

Authorised for lodgement

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Hon Simeon Brown
Minister of Transport
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APPENDIX ONE: GOVERNMENT RESPONSE TO THE REPORT OF THE
REGULATIONS REVIEW COMMITTEE
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Government Response to the
Second Interim Report of Regulations Review Committee
regarding
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complaints about the E-Scooters (Declaration not to be motor
vehicles) Notice 2018
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Presented to the House of Representatives
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In accordance with Standing Order 256

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Government response to Report of the Regulations Review
Committee of May 2023

Introduction
1
The Government has considered the Regulations Review Committee’s (the
Committee) report (the report) on the complaints from Barry Preddle, Jane
Carrigan, and the Dunedin Pedestrian Action Network about the E-Scooters
(Declaration not to be motor vehicles) Notice 2018.
2
The response was due by 1 September 2023 but the deadline was not met by
the previous government. The Government is now responding to the report in
accordance with Standing Order 256.
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3
In response to the report, the Government will explore changes to the
declaration process and the regulation of e-scooters in line with its priorities.
THE
The Government also notes the 2018 Notice was renewed by the New
Zealand Transport Agency (NZTA) in September 2023 for a period of five
ACT
years. The Government is advised that as part of the renewal, NZTA followed
a thorough process that was in line with what the Committee had previously
supported in its first interim report.
Background
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4
In 2019, the Committee received complaints from Barry Preddle, Jane
Carrigan and the Dunedin Pedestrian Action Network about the E-Scooters
(Declaration not to be motor vehicles) Notice 2018 (the declaration). The
Committee resolved to consider the complaints together.
5
NZTA made the declaration on 18 September 2018 under section 168A(2) of
the Land Transport Act 1998 (the Act). This section provides a power for
NZTA to declare that a vehicle or type of vehicle propelled by a motor with a
INFORMATION
maximum power output not exceeding 300 watts is not a motor vehicle for the
purposes of that Act.
RELEASED
6
Declaring e-scooters not to be motor vehicles means they do not have to be
registered before operating on a road, and a person does not need to hold a
driver licence to ride on a road. It also allows them to be ridden on footpaths.
7
The concerns of the complainants centred on a perceived lack of
transparency in the declaration process, a lack of consultation by NZTA
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before making the declaration, and safety concerns about the use of
e-scooters on footpaths.
NZTA renewed the declaration in September 2023
8
The 2018 Notice expired on 30 September 2023. On 28 September 2023,
NZTA renewed the declaration for a further five years. The Government is
advised that as part of the renewal, NZTA undertook safety, effectiveness,
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compliance and enforcement reviews, and conducted public and stakeholder
engagement.
9
In its decision to renew the declaration, NZTA noted it considered a range of
factors to balance the contribution of e-scooters to an effective and efficient
land transport system with safety concerns. It concluded that e-scooters
continue to make a useful contribution to the land transport system, and
e-scooter safety is comparable to other modes such as cycling.
10
NZTA also noted its intention to explore improvements to existing systems
and processes for ensuring the safety of e-scooter users and pedestrians.
The decision and supporting documents are available online at
https://nzta.govt.nz/regulatory/e-scooter-declaration-renewal-decision/.
Recommendations and Government response
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11
In response to the Committee’s first interim report, the then Minister of
Transport stated his intention to make changes to section 168A of the Act to
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clarify the process NZTA must follow in making a declaration; and changes to
the Land Transport Rules to strengthen the regulations for e-scooter use.
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12
In the second interim report, the Committee supported the proposed changes
and recommended the government progress changes to the Act to improve
the regulation of e-scooters.
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13
The Government is focusing on the implementation of its 100-Day Plan.
Following this, it will be considering and determining its road safety objectives
and work programme priorities, including its land transport legislative
programme. As part of this process, the Minister of Transport will consider
changes to the Act and regulations for e-scooter use to encourage innovation
and emerging technologies while ensuring the safety of all road users.
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