We have identified a couple of mistakes in the Overview to the Rules document.
On page 18
Under the heading “What definition applies to these devices? Are they permitted on the footpath, or are they excluded?”
The text should say that the rules under the Land Transport (Road User) Rule 2004 relating to powered wheeled recreational devices replace the rules that apply to the drivers of motor vehicles. This means that powered wheeled recreational devices (which also fall within the definition of a motor vehicle) can currently be used on the footpath.
The relevant clause is 1.5(c) of the Land Transport (Road User) Rule 2004, which says “no duty or requirement imposed by this rule on drivers of motor vehicles applies to persons driving mobility devices, wheeled recreational devices, or power-assisted cycles”. The key distinction under the current state as to whether a powered vehicle is permitted on the footpath is whether the vehicle (assuming it otherwise fits within the definition of a wheeled recreational device) has a maximum power output above or below 300 watts.
In other words, if a vehicle has a maximum power output of 300 watts or below (and fits the definition of a wheeled recreational device), it is allowed on the footpath. If it has a maximum power output over 300 watts, it is not a wheeled recreational device and is not allowed on the footpath.
On page 19
The three examples provided in Table 1D (a hoverboard, e-skateboard and electric unicycle) are incorrectly identified as examples of both wheeled recreational devices and motor vehicles.
These examples typically have a maximum power output above 300 watts and are unlikely to be wheeled recreational devices. Rather they are examples of motor vehicles whose drivers are subject to the rules that apply to drivers of motor vehicles and are not allowed on the footpath.
Some low-powered vehicles (those with less than 300 watts maximum power output) that are currently classified as wheeled recreational devices are permitted on the footpath at present. For example, lower powered e-skateboards ridden by children. Under the proposed changes, and specifically the definition of powered transport device, these vehicles would no longer be permitted on the footpath unless the Transport Agency declares them not to be motor vehicles (see page 20 of the overview).
Please get in touch with us if this affects your submission or if you have any other queries. You can email our team at email@example.com or call our contact centre on 0800 699 000.
The Accessible Streets Consultation Team
Waka Kotahi NZ Transport Agency
Chews Lane Office / 50 Victoria Street
Private Bag 6995, Wellington 6141, New Zealand