By Fiona McGeorge - 29 Nov 2018
We've all seen the latest craze to hit our streets, the
black and green Lime electric scooters. Whether you're for or
against them zooming along our footpaths, cycle lanes and streets
you may have wondered: can you be charged for riding one of these
scooters while under the influence of alcohol? Perhaps especially
relevant as we head into the merry season! And the answer is
...
No, you cannot be charged with drunk driving in relation to
driving a Lime electric scooter.
When someone is charged with drunk driving, the basis of the
charge is that they drove a motor vehicle, on a road, while the
proportion of alcohol in their breath or blood exceeded the legal
limit.
When it comes to those rather zippy lime scooters, the key is
whether a Lime scooter (or any electric scooter) falls within the
classification of a "motor vehicle" under the Land Transport Act
1998.
Under section 168A(2) of the Land Transport Act the NZ Transport
agency can declare that a particular type of vehicle does
not fall within the definition of a "motor vehicle"
and ahead of the introduction of Lime scooters that's exactly what
the NZ Transport agency has done.
By notice dated 18th September 2018 NZ Transport have
declared that an electric scooter is not a motor vehicle so long as
it is: comprised primarily of a footboard, two or three wheels and
a long steering handle, with wheels no bigger than 355mm in
diameter and which has a motor with a maximum power output that
does not exceed 300 Watts. A Lime electric scooter's motor is 250
watts, so it is not classified as a motor vehicle.
This means you cannot be charged for drunk driving in relation
to a Lime electric scooter.
But as is the case with drunk driving of a car, the key issue is
not whether it's against the law or whether you're caught. The key
issue is safety, not just yours but for the other road users and
pedestrians out there who might encounter you while your ability to
ride or drive has been affected by alcohol.
Having ridden one of the Lime scooters recently (purely in the
name of research!) it wouldn't take a lot for a bump in the road or
footpath to send you flying so we strongly advise against drunk
lime-ing!
If you or someone you know needs criminal law advice contact
our criminal lawyer, Fiona McGeorge on fiona@martellimckegg.co.nz
or 09 300 7638.