The Automobile Association (AA) is calling for an urgent overhaul of regulations governing electric bikes and scooters, warning that a surge of high-powered imports is creating a dangerous gap in road safety and a “headache” for law enforcement.
As battery technology advances, devices that visually resemble standard bicycles or scooters are entering the market with power outputs that far exceed legal limits. The AA argues that current frameworks are no longer fit for purpose, leaving riders, local councils, and police without the clarity needed to ensure public safety on shared pathways and roads.
Terry Collins, the AA’s principal policy adviser, suggests that the industry has reached a tipping point where the technology has outpaced the law. The discrepancy is most evident in the divide between regulated retail products and those available through international online marketplaces, where devices with motor capacities dozens of times the legal limit are sold without restriction.
According to the Waka Kotahi NZ Transport Agency, for an e-bike to be legally classified as a bicycle in New Zealand, its motor must have a maximum continuous rated power of 250 watts. However, the AA notes that the lack of clear speed limits and the ease of importing high-wattage motors have undermined the system.
The Gap Between Regulation and Reality
The core of the issue lies in a regulatory assumption that power limits naturally dictate speed. Under current guidelines, the assumption is that a low-wattage motor will keep a rider around 30 kilometres per hour, provided they are pedaling.
“These rules that exist today have remarkably little clarity for the riders, for the councils, for police, and really it just kind of undermines both the compliance and the public confidence in the system,” Collins said.
The reality of the modern market is far more volatile. While a standard e-bike stays within the 250-300 watt range, the AA has identified devices available online with power ratings as high as 9 kilowatts. This represents a capacity 30 times the legal limit for a bicycle, effectively placing the power of a small motorcycle into a frame designed for a bike.
This technological leap is driven by the rapid evolution of lithium-ion battery density. As batteries become smaller, lighter, and more efficient, manufacturers can fit larger, more powerful motors into compact frames, increasing both the range and the top speed of these devices.
Collins highlighted the extreme end of this spectrum, noting that some e-scooters now claim to reach speeds of 120 kilometres per hour. Without a corresponding update in the Land Transport Act, these high-speed devices operate in a legal grey area, often used on footpaths or cycleways where they pose a significant risk to pedestrians.
A Policing and Enforcement Crisis
For police officers on the street, the primary challenge is one of identification. There is no simple visual marker to distinguish a legal 250-watt e-bike from an illegal 9-kilowatt version.
“How do you visually inspect that a bike is only 300 watts in power? You can’t,” Collins said. “A lot of them look very similar to each other, yet they have a completely different power ratio and speeds they can attain.”
This invisibility makes enforcement nearly impossible without seizing the vehicle for technical inspection, a process that is impractical for routine traffic stops. The result is a lack of compliance, as riders are often unaware that their imported device is illegal, or they feel the risk of penalty is low due to the difficulty of proof.
The AA warns that as battery technology continues to improve, the disparity will only grow. Without a solution, the organization predicts an increase in serious accidents involving micro-mobility devices that are simply too fast and too heavy for the environments in which they are being used.
Proposed Shift: From Technology to Behavior
Rather than attempting to police the technical specifications of every motor—a battle the AA believes is already lost—Collins proposes a fundamental shift in how these devices are classified. He suggests that high-powered e-bikes and scooters should be moved into a separate class of vehicle.
By classifying high-powered devices as vehicles rather than bicycles, the legal focus would shift from the wattage of the motor to the behavior of the operator. This would bring riders under the umbrella of existing land transport rules, regardless of whether the device looks like a bike.
Under this proposed framework, riders of high-powered devices would be subject to the same expectations as other motorists, including:
- Speed limits: Strict adherence to road and pathway speed restrictions.
- Sobriety: Application of standard land transport rules regarding the use of alcohol and drugs.
- Safety signaling: Requirements for the use of turn signals and appropriate road signaling.
- Operator accountability: Increased liability and behavioral expectations for those operating high-speed machinery.
Collins argues that this approach avoids the “rigorous requirements of certification and warrants of fitness” that apply to cars, while still ensuring that those operating dangerous speeds are held to a professional standard of road use.
“I say by trying to moderate the behaviours of the driver, as opposed to setting standards around the technology, we’ll probably have a better outcome,” he said.
Comparison of Micro-Mobility Classifications
| Feature | Standard E-Bike (Legal) | High-Powered E-Device (Current Grey Area) | Proposed “Vehicle Class” |
|---|---|---|---|
| Power Limit | Up to 250W | Often 1kW to 9kW+ | Regulated by behavior |
| Top Speed | ~25-30 km/h | Up to 120 km/h | Subject to road limits |
| Legal Status | Bicycle | Unclear/Illegal as bike | Light Vehicle |
| Operator Rules | Cycling rules | Cycling rules (mostly) | Full Land Transport rules |
Disclaimer: This article is for informational purposes only and does not constitute legal advice. For current regulations regarding e-bike and e-scooter use, please consult Waka Kotahi or a legal professional.
The next step for these proposed changes depends on whether the government adopts the AA’s recommendations into future transport policy updates. As urban centers continue to integrate more electric micro-mobility, the pressure on legislators to close the “power gap” is expected to mount.
We invite readers to share their views on e-bike safety and regulation in the comments below.
