Falling foul of that technicality was enough for NZTA to order the remote parking feature be disabled.
“After being informed of NZTA’s decision, the council advised the affected provider, Ario, that they would need to ensure that any rental e-scooters operating under a micromobility licence have any remote operation function deactivated, and that they would no longer be permitted to use this function,” Auckland Council licensing and environmental health manager Mervyn Chetty said.
Ario New Zealand general manager Adam Muirson said his firm complied with the order and disabled the remote operation feature on August 20.
But he added Ario was “surprised by NZTA’s interpretation”.
“Ario’s e-scooters have been designed to comply with all relevant regulations, with an OHS safety management system designed by a HASANZ safety professional to be compliant with ISO 45001,” Muirson said.
“The remote re-parking feature enhances public safety, reduces clutter and supports a more efficient use of public space.”
He offered the following stats to back his argument (all three e-scooter rental operators with Auckland Council licences – Lime, Ario and, until yesterday, Beam – have fleets monitored with real-time data fed to the third-party Ride Report app, used by the council):
- Ario’s parking compliance was 99.3%, the highest in NZ and higher than Auckland Council’s target of 92%.
- Between July 1 and August 18, 2024, Ario resolved non-compliant parking in an average of eight minutes, compared to the 90-minute KPI (key performance indicator) for other providers.
- Of the 739 non-compliant parked Ario scooters identified during this period, only seven were identified by members of the public, while 99% were identified by Ario’s ParkSmart System and remotely guided to a safe parking area.
Muirson said the remote piloting had the support of disability and walking groups.
Discussions were taking place with Auckland Council and NZTA and he was confident “a resolution can be reached that supports both innovation and compliance.”
Scooter wars
NZTA’s move comes at a key time, with Auckland Council weighing which providers will get a two-year contract when the next licensing period begins in November.
The period leading up to the decisions has traditionally been one of political and commercial rough-and-tumble, which has certainly been the case this time.
One of Ario’s competitors was keen to draw the Herald’s attention to the compliance order affecting Ario, but also said the Uber-backed firm had not laid a complaint with NZTA.
A number of councils are also investigating Beam, which following information leaked by a whistleblower is accused of putting hundreds of authorised e-scooters on city streets – in Auckland’s case, 300 beyond the 1200 limit set in its operating licence. Beam denied wrongdoing, but also said it is open to commercial settlements with councils.
Late yesterday, Auckland Council cancelled Beam’s licence and referred the matter to police.
RAW DATA: NZTA’s response
The Herald asked NZTA to explain the compliance order that parked Ario’s self-parking. The agency responded:
- No regulations have been updated or changed in relation to e-scooters. However, remote operation of e-scooters is a new function that has needed to be assessed for compliance with existing legislative settings.
- The NZTA assessment has determined that the use of a remote operation function (i.e. device operated by a person remotely using on-board cameras and sensors) on any e-scooter would be in conflict with the specification of an “e-scooter” as set out in the E-Scooter (Declaration Not to be Motor Vehicles) Notice 2023, and the definition of “wheeled recreational device” (which the notice specification is based on) in the Land Transport (Road User) Rule 2004 (the rule).
- The current definition of wheeled recreational device in [clause] 1.6 of the rule, as amended by S 95(10) of the Land Transport Amendment Act 2005 is:
(a) A vehicle that is a wheeled conveyance (other than a cycle that has a wheel diameter exceeding 355mm) and that is propelled by human power or gravity; and
(b) Includes a conveyance to which are attached one or more auxiliary propulsion motors that have a combined maximum power output not exceeding 300W.
The Notice specification of an e-scooter is:
- The electric scooter is comprised primarily of a footboard, two or three wheels, and a long steering handle;
- The electric scooter’s wheels do not exceed 355mm in diameter;
- The electric scooter has one or more electric auxiliary propulsion motors; and
- The combined maximum power output of the electric auxiliary propulsion motors does not exceed 300 watts.
- This determination relates principally to the interpretation that the device does not fall within the notice or the rule because the motor is not an “auxiliary” motor when the device is operated remotely. When operated remotely the motor is the only source of propulsion available, so cannot be considered auxiliary.
NZTA does not see this meaning that this sort of technology could never be considered or used in New Zealand. However, in addition to legislation changes, work would need to be done to understand the risks and benefits, and what controls and limits may be required to ensure safe remote operation. As some councils are in the process of assessing share scheme e-scooter suppliers for future contracts, NZTA has provided this clarification to assist councils in their assessments.
Ario and some councils have been advised to take appropriate steps to ensure any e-scooters put into service have any remote operation function deactivated or simply not used; and to also put in place steps to ensure ongoing compliance. Ario and councils have also been advised that the e-scooters are otherwise compliant with the notice and the rule and can continue to be used.
Chris Keall is an Auckland-based member of the Herald’s business team. He joined the Herald in 2018 and is the technology editor and a senior business writer.
