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New Zealand Police v McIntyre [2021] NZDC 6097

Published 21 September 2021

Carelessly operating vehicle — lime scooter — collision with pedestrian — "recreational wheeled device" — obligations of footpath users — Land Transport (Road User) Rule 2004, pt 11.1. The defendant faced a charge of operating a vehicle carelessly, thereby injuring the complainant. The defendant, riding a lime scooter, had crashed into the complainant who had just got off a bus. The complainant suffered moderate injuries and required hospital treatment. The Land Transport (Road User) Rule creates obligations on road users (which in this case included both the defendant and the complainant), including to behave in a careful and considerate manner and not to create a hazard for others. The Court observed that a lime scooter travels quietly, and found that at the time of the collision the defendant had been operating his scooter significantly faster than walking pace. Further, a reasonable and prudent scooter user would have taken care to avoid the bus stop during rush hour; also the defendant did not seem to have used the scooter's warning bell when approaching the bus stop. The Court found that the defendant had departed from the standard expected of him, and found the charge proved. Judgment Date: 31 March 2021.