It seemed like a bonus for e-scooter haters - or anyone who doesn’t like a footpath obstruction - when new e-scooter rental operator Ario launched in Auckland at the start of July.
If one of Ario’s three-wheelers is left in an inappropriate place, a remote operator - back at the firm’s K Rd warehouse - can take remote control of the e-scooter and, using cameras and sensors on the scooter, move it a few metres to a safe parking spot.
But the remote piloting feature prompted New Zealand Transport Agency Waka Kotahi (NZTA) to take a look at the e-scooter regulations, and whether the Ario remote re-parking feature sat within them.
The agency decided it did. The regulatory definition of an e-scooter includes an auxiliary engine. NZTA said when being parked by a remote operator, a scooter’s engine is not auxiliary but - in the absence of a human to kick it along - the only means of propulsion.
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):
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.”
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 (Lime earlier sledged NZ contender Flamingo as “risky”, notwithstanding that Lime’s own scooters had been pulled off Auckland streets because of the firm’s substandard response to a safety issue; Auckland later dropped Flamingo, even as other cities kept it on, and it has continued with no major issues). It’s 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.
The Herald asked NZTA to explain the compliance order that parked Ario’s self-parking. The agency responded:
(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:
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.
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