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e-Scooter rider fined $4,000 for careless and inconsiderate use of a vehicle

In what is believed to the the first Police prosecution of its type in New Zealand, an Auckland man has been fined $4,000 for careless and inconsiderate use of a vehicle.

In June 2019 a man was riding a Lime sharing scooter along a footpath and collided with a woman who was stepping out of a bus. The collision knocked her to the ground and according to a NZ Herald report sustained serious injuries and concussion (see here). NewsHub had video footage of the accident from the bus CCTV here.

An e-Scooter is a "vehicle" under New Zealand law (but is not a "motor vehicle"). The Land Transport Act includes the provision:

8 Drivers not to be careless or inconsiderate

A person may not drive a vehicle, or cause a vehicle to be driven, carelessly or without reasonable consideration for other persons

Part 11 of the Land Transport (Road User) Rule 2004:

Pedestrians, riders of mobility devices, and wheeled recreational devices

11.1 Use of footpath and roadway

  1. (1) A pedestrian must, at all times when practicable, remain on the footpath if one is provided.
  2. (2) A driver must not drive a mobility device on any portion of a roadway if it is practicable to drive on a footpath.
  3. (3) A pedestrian or driver of a mobility device or a wheeled recreational device using the roadway must remain as near as practicable to the edge of the roadway.

(4) A driver of a mobility device or wheeled recreational device on a footpath— (a) must operate the device in a careful and considerate manner; and

(b) must not operate the device at a speed that constitutes a hazard to other footpath users.

(5) A person using a wheeled recreational device on a footpath must give way to pedestrians and drivers of mobility devices.

(6) A pedestrian must not unduly impede the passage of a mobility device or wheeled recreational device on the footpath.