Legal definitions

Most scooters are classified as mopeds – a quaint term dating back many years.

Mopeds have an engine size of 50cc or less, 2kW or less of power, and a design speed no faster than 50km/h. If the scooter exceeds any of these criteria, it’s legally classed as a motorcycle.

Mopeds are popular because they’re much cheaper to register than motorcycles, they don’t require a WoF and their riders don’t need a motorcycle licence.

The implications of engine size

Many imported 50cc scooters produce more than 2kW of power – that’s because most countries don’t have moped laws like ours. So to make these scooters comply here, they may have restrictors inserted to limit their power to 2kW.

Flouting moped rules

Given the disparity in compliance costs and the advantages of having a more powerful scooter (as seen in our tests), many individuals and dealers flout the moped regulations. They do this by registering scooters with engines larger than 50cc as mopeds, or by removing the restrictors that limit a moped’s power.

We asked five scooter dealers if they remove the restrictors for customers and/or register more powerful and non-compliant scooters as mopeds. Four out of the five said they did – regularly.

One dealer admitted it was common for people to register larger scooters, even up to 200cc, as mopeds: “You can go down and register your dog as a moped, because no one checks.”

The dealers who admitted flouting the regulations said they thought the rules were outdated and mopeds shouldn’t be limited to 50km/h. One dealer told us, “I think it needs to be faster than 50km/h so that urban areas can be negotiated safely”.

All the dealers we spoke to say more rider training is needed. “I offer to give some customers brief rider training but most turn it down,” said one. “You can see they can hardly ride a bicycle. We sell the scooter on Friday and it’s back on Saturday with crash damage.”

What’s being done?

The New Zealand Transport Authority tells us that pre-registration checks will be introduced for mopeds in 2010. These are likely to include ensuring the registered moped is a moped, as well as a check to see that it is “fit for purpose”. But there are no plans to require mopeds to have regular WoF inspections, or for riders to take a training course or obtain a learner motorcycle licence.

We doubt these measures will make it less likely that restrictors are removed – or make much difference to the high number of inexperienced riders injuring themselves on our roads through lack of rider training.

If the police catch you with a non-compliant moped, you face $400 in fines for not having a current WoF and registration … plus another $400 if you’re riding without a motorcycle licence.