E-scooter declaration renewal decision

The E-scooter (Declaration Not to be Motor Vehicles) Notice 2018 expires on 30 September 2023 and Waka Kotahi is currently considering whether to renew it.

E-Scooters (Declaration Not to be Motor Vehicles) Notice 2018(external link)

Keep reading for more information about the declaration and what it would mean if it were renewed/not renewed.

About the e-scooter declaration

The declaration exempts e-scooters with a maximum power output of 300 Watts 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.

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

What happens if we renew the declaration?

If Waka Kotahi 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 Waka Kotahi does not renew the declaration, e-scooters would need to be registered and e-scooter riders would need to be licensed. However, because there is currently no way of licensing them, it means that e-scooters could only be used on private property and in areas that are not legally considered roads (eg, skateparks).

Online survey

Our online survey closed on 7 August 2023. Thank you to all those who gave responses.

Next steps

Waka Kotahi is currently considering survey feedback as well as how renewing or not renewing the e-scooter declaration would contribute to an effective, efficient and safe land transport system. We will update this page when a decision is made.

About declarations

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

Once a vehicle/device has been declared, it is no longer required to meet certain motor vehicle standards or be registered when used. For example, people who ride e-scooters, YikeBikes or e-bikes are not required to have a driver’s licence, and devices do not need to be registered or have number plates on them.

Waka Kotahi can declare that a vehicle/device is not a motor vehicle, but only if the vehicle/device has a maximum power output of:

  • 300 Watts or less, or
  • between 301 and 600 Watts.

Current rules around the use of e-scooters

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

This rule says that people riding e-scooters on the road must remain as near as practicable to the edge of the roadway when riding.

When people are riding an e-scooter on the footpath, people:

  • must operate in a careful and considerate manner (for example, if you are able to ride on a footpath with a lot of pedestrians, consider using the road or getting off the e-scooter and pushing/carrying it until there are fewer people)
  • must not operate the device at a speed that constitutes a hazard to other footpath users
  • must give way to pedestrians and people using mobility devices (eg, people using a mobility scooter).