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DRAFT Land Transport Rule

Operator Licensing

Rule 81001

Yellow Draft

Land Transport Rules are law produced by Land Transport New Zealand for the Minister of Transport. Land Transport New Zealand drafts Rules in plain language to reach a wide audience. Draft Rules go through an extensive consultation process and are refined in response to submissions received from interested groups and individuals.

This is the yellow (public consultation) draft of Land Transport Rule: Operator Licensing (Rule 81001). Submissions have now closed.

Contents

Part 1     Rule requirements

Section 1     Application

Section 2     Transport service licence

Section 3     Small passenger service vehicles

Section 4     Taxi services

Section 5     Shuttle services

Section 6     Private hire vehicles

Section 7     Approved taxi organisations

Section 8     Rental services

Section 9     Vehicle recovery services

Section 10     Other vehicles and services

Section 11       Exemptions

Part 2     Definitions

Part 3     Schedules

Part 1     Rule requirements

Section 1     Application

1.1     Title

This Rule is Land Transport Rule: Operator Licensing [2006].

 

1.2     Scope

This Rule applies to:

[‘Goods service licence’, ‘passenger service licence’, ‘rental service licence’, and ‘vehicle recovery service licence’ are defined terms.]

[s.4, Transport Services Licensing Act 1989 (TSLA)]

[‘Approved taxi organisation’, ‘goods service vehicle’, ‘passenger service vehicle’, ‘rental service vehicle’, ‘small passenger service vehicle’ and ‘vehicle recovery service vehicle’ are defined terms.]

 

1.3     Date when Rule comes into force

1.3(1)     Subclause 4.13(4) comes into force on [12 months after the date on which this Rule is signed].

1.3(2)     The rest of this Rule comes into force on [six months after the date on which this Rule is signed].

 

Section 2     Transport service licence

2.1     Application for transport service licence

2.1(1)     An application from a person or organisation for a transport service licence must be made on a form approved by the Director and include:

[‘Transport service licence’ is a defined term.]

2.1(2)     An application for a transport service licence must be accompanied by a fee specified in regulations made under the Act.

[s.6 TSLA]

 

2.2     Certificate of knowledge of law and practice

2.2(1)     This clause does not apply to an applicant for, or holder of, a rental service licence, or a passenger service licence for operating a dial-a-driver service.

[New]

2.2(2)     A person is entitled to obtain, or continue to hold, a transport service licence only if that person, or another person who has or is to have control of the service, holds a certificate of knowledge of law and practice relevant to the transport service being operated.

[Control is a defined term.]

[s.18 TSLA]

2.2(3)     Despite 2.2(2), at least one of the responsible officers of an approved taxi organisation must hold an appropriate certificate of knowledge of law and practice.

[New]

2.2(4)     The content of a certificate of law and practice test (and any revision to the content of the test), the test provider, and the form of the certificate of knowledge of law and practice must be approved by the Director.

[s.18(1) TSLA, with modification]

2.2(5)     A holder of a transport service licence, or a person who has control of the service, may have his or her transport service licence suspended by the Director until a certificate of knowledge of law and practice is obtained, provided the Director gives the holder or person in control:

[s.18(4) TSLA]

2.2(6)     A holder of a transport service licence, or a person in control of or involved in a transport service, must pass the test to hold a certificate of knowledge of law and practice if he or she:

[New]

2.2(7)     Subclause 2.2(6) applies even if another person is to have control of the service and that person already holds a certificate of knowledge of law and practice.

2.2(8)     If the Director believes on reasonable grounds that the holder of a transport service licence does not have an adequate knowledge of the laws and practices concerning the safe and proper operation of the transport service to which the licence relates, the Director may require the holder to pass another test for a certificate of knowledge of law and practice applicable to that transport service.

[New]

2.2(9)     A requirement issued by the Director under 2.2(8) must state:

2.2(10)     Failure to satisfactorily complete the test under 2.2(8) invalidates the licence holder’s certificate of knowledge of law and practice and the holder’s transport service licence may then be suspended in accordance with section 30U of the Act.

[New]

 

2.3     Transport service licence holder to notify Director of certain changes

2.3(1)     A holder of a transport service licence must:

[‘Notify’ is a defined term.]

[ s.30(1) TSLA; (c)(iii), (iv) and (v) are new]

2.3(2)     The notification in 2.3(1) must be given either:

[s.30(2) TSLA]

2.3(3)     The notification in 2.3(1) must include any other identification information that the Director requires.

[s.30(2) TSLA]

2.3(4)     The notification in 2.3(1) is not required if the Director exempts a land transport related service or the licence holder from the notification requirements by:

[s.30(3)(b) TSLA]

2.3(5)     The notification in 2.3(1)(c)(ii) or (d) is not required if the person having control of the service:

[s.30(3)(a) TSLA]

 

2.4     Certificate of responsibility where person other than owner operates vehicle under licence

2.4(1)     If a vehicle is used under a transport service licence by a person other than the owner, the owner of the vehicle must obtain from the person using the vehicle under the licence a certificate of responsibility, in the form specified in Schedule 1, indicating that:

[s.34(1) TSLA]

2.4(2)     A certificate of responsibility must be obtained before the vehicle is used in the relevant service, unless in the circumstances it is unreasonable to do so.

[s.34(2) TSLA]

2.4(3)     The driver of the vehicle must carry a copy of the certificate of responsibility and must produce it for inspection on demand by an enforcement officer.

[‘Enforcement officer’ is a defined term.]

[New]

2.4(4)     A person who obtains a certificate of responsibility for a vehicle registered in his or her name must retain that certificate for a period of not less than 12 months after the last date to which it relates, and must produce the certificate for inspection on demand by an enforcement officer.

[s.34(3) TSLA]

2.4(5)     In any proceedings for an offence against this clause, the holder of the licence under which the vehicle was operated must satisfy the Court that, in the circumstances, it was unreasonable for a certificate of responsibility to be obtained before the vehicle concerned was used in the transport service.

[‘Transport service’ is a defined term.]

[s.34(5) TSLA]

 

2.5     Replacement of transport service licences and other documents

2.5(1)     The Director may, on payment of the prescribed fee (if any), issue a duplicate transport service licence or other document issued by the Director to a person whose licence or other document has been lost, destroyed, stolen, defaced, or mutilated, or has become illegible.

[‘Licence or other document’ is a defined term.]

[reg. 4(2), Transport Services Licensing Regulations 1989 (TSL regs)]

2.5(2)     The Director must not issue the duplicate licence or other document unless:

[reg. 4(3) TSL regs]

2.5(3)     A transport service licence or other document for which a duplicate has been issued under 2.5(1) must, if subsequently found by the licensee or person to whom the duplicate was issued, be returned immediately to the Director.

[reg. 4(4) TSL regs]

2.5(4)     If a licence is amended and the appropriate fee (if any) has been paid, a new licence incorporating the amendment must be issued.

[reg. 5(2) TSL regs]

 

2.6     Surrender of transport service licences

The holder of a transport service licence that is amended, revoked, or surrendered must return the licence to the Director within seven days of a request from the Director to do so.

[reg. 5(1) TSL regs]

 

Section 3     Small passenger service vehicles

3.1     Requirements for all small passenger service vehicles

A holder of a passenger service licence under which a small passenger service vehicle is operated and a driver of a small passenger service vehicle must comply with:

[Taxis, shuttles and private hire vehicles are all small passenger service vehicles.]

 

3.2     Driver identification

3.2(1)     A person may not drive a small passenger service vehicle unless that person is the holder of, and displays, a current driver identification card.

[s.19(1) TSLA]

3.2(2)     A driver identification card must:

[‘Driver identification card’ and ‘unique identifier’ are defined terms.]

[s.19(2) TSLA]

3.2(3)     Despite 3.2(2)(b), a driver identification card that displays a unique identifier made up of a combination of numbers is valid until the next date of the identification card’s renewal.

3.2(4)     A driver identification card is current for a period not exceeding five years, but the Director may extend its currency for a period not exceeding 12 months.

[s.19(2)(e) and (2A) TSLA]

3.2(5)     A holder of a passenger service licence under which a small passenger service vehicle is operated, and every person driving that vehicle, must ensure that the driver’s driver identification card:

[rule 10(3), Pt 1, Sch 3 TSLA]

3.2(6)     The driver identification card must be displayed where it is directly facing passengers, in a central and vertical position, so that a front or rear seated passenger can easily see the photograph in sufficient detail to allow accurate identification of the driver as the holder of the card.

3.2(7)     Subclause 3.2(6) applies at any time that the vehicle is available for hire, whether or not there is a hirer in the vehicle.

[rule 10(3), Pt 1, Sch 3 TSLA]

 

3.3     Duties and conduct of drivers

Circumstances in which driver may refuse to accept hiring of the vehicle and any passenger

3.3(1)     A driver may refuse to accept a person as a passenger, or refuse to continue the hiring of the vehicle by a person, if:

[rule 12(1)(a), Pt 1, Sch 3, TSLA]

3.3(2)     A driver may refuse to accept a hire if:

[‘Registered service’ is a defined term]

[rule 12(1)(b), (c) and (d), Pt 1, Sch 3, TSLA]

 

    Duties of drivers relating to fares

3.3(3)     A driver of a small passenger service vehicle must, if asked by a prospective hirer about the scale or basis of the fare, state the correct scale or basis of the fare (including extra charges and inclusive of GST) applicable to the hiring.

[rule 12(2)(b), Pt 1, Sch 3, TSLA]

3.3(4)     A driver of a small passenger service vehicle must, at the end of a hiring, demand no more than the exact amount of the registered fare and other charges (if any) payable for the hiring, less a deduction of any prepayment made by the hirer.

[rule 12(2)(f), Pt 1, Sch 3, TSLA]

3.3(5)     A driver of a small passenger service vehicle must, on request by a hirer, issue an itemised receipt to the hirer for a fare paid by the hirer, indicating:

[rule 12(3)(a), Pt 1, Sch 3, TSLA; (e) to (g) are new]

    Duties of drivers relating to luggage

3.3(6)     Subject to 3.3(7), a driver of a small passenger service vehicle must:

[rule 12(2)(c), Pt 1, Sch 3, TSLA]

3.3(7)     A driver of a small passenger service vehicle is not required to carry in or on the vehicle luggage that:

[rule 12(2)(c), Pt 1, Sch 3, TSLA]

3.3(8)     A driver of a small passenger service vehicle must, immediately after the termination of each hiring, check the vehicle for property that may have been left in the vehicle.

[rule 12(2)(d), Pt 1, Sch 3, TSLA]

3.3(9)     A driver of a small passenger service vehicle must, if any property is found in the vehicle, notify his or her office immediately and, unless it is claimed, deliver it to a police station within 24 hours.

[rule 12(2)(e), Pt 1, Sch 3, TSLA]

3.3(10)     A driver of a small passenger service vehicle must not place or carry or allow to be placed or carried in or on the vehicle any substance of an offensive character.

[rule 12(3)(c), Pt 1, Sch 3, TSLA]

    Duties of drivers relating to obstruction of other small passenger service vehicles or road

3.3(11)     A driver of a small passenger service vehicle that is not immediately available for hire must not allow that vehicle to be parked in a place or manner that is likely to impede or interfere with the operation of another small passenger vehicle that is available for hire.

[rule 15(1), Pt 1, Sch 3, TSLA]

3.3(12)     Subject to 3.3(13), a driver of a small passenger service vehicle must not stop the vehicle on a road longer than is reasonably necessary for the purpose of loading or unloading luggage or picking up or setting down passengers or for any other lawful purpose.

[rule 15(2), Pt 1, Sch 3, TSLA]

3.3(13)     Subclause 3.3(12) does not apply to a small passenger service vehicle that is:

[‘Designated stand’ is a defined term.]

[rule 15(2), Pt 1, Sch 3, TSLA]

3.3(14)     An enforcement officer or a parking warden may, at the expense of the owner of the small passenger service vehicle, arrange the removal of a vehicle parked in contravention of 3.3(11) or 3.3(12).

[‘Parking warden’ is a defined term.]

[rule 15(3), Pt 1, Sch 3, TSLA]

    Other duties of drivers

3.3(15)     A driver of a small passenger service vehicle must be clean, and conduct himself or herself in an orderly and civil manner while engaged in the operation of the vehicle.

[rule 12(2)(a), Pt 1, Sch 3, TSLA]

3.3(16)     A driver of a small passenger service vehicle must remain constantly in immediate attendance of his or her vehicle, whether it is parked at a designated stand or elsewhere in terms of this Rule, unless the driver is absent for a reasonable cause.

[rule 14(4), Pt 1, Sch 3, TSLA]

3.3(17)     A driver of a small passenger service vehicle must not carry in the vehicle passengers in excess of:

[rule 12(3)(f), Pt 1, Sch 3, TSLA]

3.3(18)     A driver of a small passenger service vehicle must not, when plying for hire, stop the vehicle on or within 20 metres of a designated stand that is already occupied by the full number of vehicles that the stand is intended to accommodate.

[rule 12(3)(a), Pt 1, Sch 3, TSLA]

 

3.4     Advertising material

A holder of a passenger service licence must not allow a small passenger service vehicle to be used in the service if there is any advertising material on the outside or on the inside of the vehicle that:

[rule 4, Pt I, Sch 3, TSLA]

 

3.5     Complaints register

3.5(1)     A holder of a passenger service licence must ensure that a register of complaints is maintained in respect of:

[s.36(4) TSLA; rule 11(2), Pt 1, Sch 3 TSLA]

3.5(2)     An approved taxi organisation must keep a single register for all its members and their drivers.

[rule 11(1), Pt 1, Sch 3 TSLA]

3.5(3)     The register must be available for inspection at any reasonable time by an enforcement officer.

[s.36 (5) TSLA; rule 11(3), Pt 1, Sch 3, TSLA]

3.5(4)     The register must be maintained and available for inspection under 3.5(3) for two years following the date of the latest entry in the register.

[s.36 (5) TSLA; rule 11(4), Pt 1, Sch 3, TSLA]

3.5(5)     The complaints register must, as far as practicable, record the following matters:

[reg. 3(1) TSL regs]

3.5(6)     If a complaint is in writing, the original written complaint must be retained as part of, or as an attachment to, the complaints register.

[reg. 3(2) TSL regs]

 

Section 4     Taxi services

4.1     General requirements

A holder of a passenger service licence who operates a taxi service and a driver of a taxi must comply with the requirements in this section.

[‘Taxi’ and ‘taxi service’ are defined terms.]

 

4.2     Operator identification

4.2(1)     A holder of a passenger service licence who operates a taxi must ensure that the following information is clearly displayed on the inside and the outside of every taxi used under the licence, in a form approved by the Director:

[‘Business location’ is a defined term.]

[rule 9(1)(a) and (b), Pt 1, Sch 3, TSLA]

4.2(2)     A holder of a passenger service licence who operates a taxi must ensure that every taxi used under the licence displays his or her transport service licence number, in a form approved by the Director, on the outside of the taxi.

[New]

4.2(3)     The information required by 4.2(1) and 4.2(2) must be displayed in a contrasting colour to the vehicle.

[New]

4.2(4)     The information required by 4.2(1) to be displayed on the inside of a vehicle must be positioned in a prominent position at the front of the vehicle, so that a passenger can easily read it.

[rule 9(1A), Pt 1, Sch 3, TSLA]

4.2(5)     The name of the approved taxi organisation to which the licence holder belongs and the unique fleet number assigned by the approved taxi organisation to the vehicle must be positioned on the inside on the rear left-hand passenger door, so that a passenger seated in the vehicle can easily read it.

[rule 9(1) (1A), Pt 1, Sch 3, TSLA]

4.2(6)     The information required by 4.2(1) and 4.2(2) to be displayed on the outside of a vehicle must be positioned on the forward doors on both sides of the vehicle.

[rule 9(2), Pt 1, Sch 3, TSLA]

4.2(7)     The information required by 4.2(1) to be displayed on the inside and the outside of a vehicle, and by 4.2(2) to be displayed on the outside of the vehicle, may be removed, with the consent of the hirer, while the vehicle is hired and being used in connection with a funeral or wedding.

[rule 9(3), Pt 1, Sch 3, TSLA]

4.2(8)     A holder of a transport service licence who operates a taxi service and the driver of the taxi must, in addition to the identification required under 3.2 and 4.2(1) to 4.2(7), ensure that the following information is provided in Braille:

[s. 30B LTA 1998]

4.2(9)     The information in Braille must be displayed, in a form approved by the Director, on the inside of the front passenger door and left rear passenger door.

[New]

 

4.3     Signs

4.3(1)     A holder of a passenger service licence must ensure that every taxi being operated under the licence:

[rule 3(1), Pt 1, Sch 3, TSLA]

4.3(2)     The signs required by 4.3(1) may, if the Director so approves, be combined in one sign.

[rule 3(2), Pt 1, Sch 3 TSLA]

4.3(3)     A person must not drive a taxi that is available for hire during the hours of darkness unless the sign or signs required by 4.3(1) are illuminated.

[‘Hours of darkness’ is a defined term.]

[rule 3(3), Pt 1, Sch 3, TSLA]

4.3(4)     The signs required by 4.3(1) may be removed, with the consent of the hirer, while the vehicle is hired and being used in connection with a funeral or wedding.

[rule 3(4), Pt 1, Sch 3, TSLA]

 

4.4     Duties of driver relating to hiring

4.4(1)     A taxi driver may cruise for hire on a road, provided that the driver:

[rule 13(1), Pt 1, Sch 3, TSLA]

4.4(2)     A taxi driver must, subject to 3.3(1), 3.3(2), 4.4(4) and 4.4(5), accept:

[rule 12(1) and 13(1), Pt 1, Sch 3, TSLA]

4.4(3)     A taxi driver must not allow any person, except the hirer and persons that the hirer permits, to ride in the vehicle.

[rule 12(3)(b), Pt 1, Sch 3, TSLA]

4.4(4)     A taxi driver must not accept a hire in circumstances in which the accepting of the hire would:

[rule 13(3), Pt 1, Sch 3, TSLA]

4.4(5)     A taxi driver must not accept a hire, other than by a means of telecommunication, within 20 metres of a designated stand:

[rule 13(2), Pt 1, Sch 3, TSLA]

 

4.5     Taxi stands

4.5(1)     A taxi driver may take up position at a stand designated for taxis, or an area designated for small passenger service vehicles, if the taxi is available for hire.

[rule 14(1), Pt 1, Sch 3, TSLA]

4.5(2)     A taxi driver must take the first vacant position on the stand behind the last vehicle.

[rule 14(3)(b), Pt 1, Sch 3, TSLA]

4.5(3)     When a taxi on the stand ahead of the driver moves, the taxi driver must immediately move his or her vehicle into the position vacated.

[rule 14(3)(d), Pt 1, Sch 3, TSLA]

4.5(4)     A taxi driver must accept the first fare offered, whether or not the driver’s vehicle is first on the stand, unless there is a lawful reason to refuse the fare.

[rule 14(3)(c), Pt 1, Sch 3, TSLA]

4.5(5)     A taxi driver must comply with any bylaws relating to the stand.

[rule 14(1), Pt 1, Sch 3, TSLA]

 

4.6     Multiple hiring

4.6(1)     A driver of a taxi may allow its simultaneous use by more than one hirer in accordance with this clause.

[rule 19(1), Pt 1, Sch 3, TSLA]

4.6(2)     A taxi driver wishing to undertake a multiple hire must first request the existing hirer to share, without substantial departure from the most advantageous route to the existing hirer’s destination, the use of the vehicle with the prospective hirer and any passenger accompanying the prospective hirer.

[rule 19(2), Pt 1, Sch 3, TSLA]

4.6(3)     If the existing hirer has agreed to a multiple hire, he or she may still object to sharing the vehicle with a prospective hirer and any accompanying passengers once the existing hirer has seen them, and the multiple hire may not then include the prospective hirer or person objected to.

[rule 19(3), Pt 1, Sch 3, TSLA]

4.6(4)     If the existing hirer or hirers agree unconditionally to the request, the taxi driver may then authorise the use of the vehicle by the other hirer and any accompanying passengers, if that hirer agrees to share the vehicle.

[rule 19(4), Pt 1, Sch 3, TSLA]

4.6(5)     A taxi driver must, if a multiple tariff meter is in operation, inform the hirer when a change in the tariff setting is being made.

[rule 12(2)(b), Pt 1, Sch 3, TSLA]

4.6(6)     A taxi driver who undertakes a multiple hire may charge any fare that is agreed with the multiple hirers after any multiple hire discount that is registered with the Director has been deducted, provided that each hirer pays no more than the metered fare that would have been payable by that hirer if he or she had been:

[rule 19(5), Pt 1, Sch 3, TSLA]

4.6(7)     This clause does not apply to a taxi that:

[rule 19(6), Pt 1, Sch 3, TSLA]

 

4.7     Schedule of fares, charges and multiple hire discounts on outside of vehicle

4.7(1)     A holder of a passenger service licence for a taxi must ensure that a schedule of fares and charges, and multiple hire discounts, is displayed on the outside of a taxi being used under the licence.

[rule 6(1), Pt 1, Sch 3, TSLA]

4.7(2)     The schedule required by 4.7(1) must comply with the format and specifications in Schedule 2 of this Rule.

4.7(3)     The schedule must be displayed on the front passenger door of the vehicle.

4.7(4)     A person must not drive a taxi if that vehicle does not have displayed on it the schedule required by 4.7(1).

[rule 6(2), Pt 1, Sch 3, TSLA]

4.7(5)     The schedule required by 4.7(1) to be displayed may be removed, with the consent of the hirer, while the vehicle is hired and being used in connection with a funeral or wedding.

[rule 6(3), Pt 1, Sch 3, TSLA]

4.7(6)     All items in the schedule of fares must be inclusive of GST.

[New]

 

4.8     Schedule of fares, charges and complaints procedure inside on of vehicle

4.8(1)     A holder of a passenger service licence who operates a taxi service must display a schedule containing the information specified in 4.8(3) inside every taxi being used under the licence so as to be readily visible to all passengers.

[rule 5(1), Pt 1, Sch 3, TSLA]

4.8(2)     The schedule required by 4.8(1) must comply with the format and specifications in Schedule 2 of this Rule.

4.8(3)     The schedule required by 4.8(1) must state:

[rule 5(1)(a)-(d), Pt 1, Sch 3, TSLA; (e) and (f) are new]

4.8(4)     A person must not drive a taxi that is available for hire if that vehicle does not have displayed in it a schedule containing the information required by 4.8(3).

[rule 5(2), Pt 1, Sch 3, TSLA]

4.8(5)     The schedule required by 4.8(1) to be displayed may be removed, with the consent of the hirer, while the vehicle is hired and being used in connection with a funeral or wedding.

[rule 5(3), Pt 1, Sch 3, TSLA]

4.8(6)     All items in the schedule of fares must be inclusive of GST.

[New]

 

4.9     Fares, charges and multiple hire discounts to be registered with Director

4.9(1)     The fares, charges and multiple hire discounts referred to in 4.7 and 4.8 must be registered with the Director before being displayed in or on a taxi.

[rule 7(1), Pt 1, Sch 3, TSLA]

4.9(2)     A person must not display in or on a taxi any fare, charge or multiple hire discount that has not been registered with and acknowledged by the Director, and must not drive a vehicle in or on which that information is not displayed.

[rule 7(2), Pt 1, Sch 3, TSLA]

4.9(3)     The fares registered with the Director must be inclusive of GST.

[New]

 

4.10     Fare system

4.10(1)     A taxi driver must not charge a fare that exceeds the fare or scale of fares registered with the Director.

[rule 21(1), Pt 1, Sch 3, TSLA]

4.10(2)     An agreement to pay a different fare from that shown on the meter is enforceable only if the agreed fare is less than that shown on the meter.

[rule 21(3), Pt 1, Sch 3, TSLA]

4.10(3)     An agreement to pay a fare at a rate exceeding a fare registered with the Director is not enforceable in respect of the excess.

[rule 21(2), Pt 1, Sch 3, TSLA]

4.10(4)     Nothing in this clause prevents the charging or enforceability of any fare under an agreement if:

[rule 21(4), Pt 1, Sch 3, TSLA]

 

4.11     Meters and other equipment

4.11(1)     A meter must not be used until it has been tested, sealed and certified by the Director or a person authorised by the Director.

[rule 16(2), Pt 1, Sch 3, TSLA]

4.11(2)     A taxi driver or an operator of a taxi service must not operate a taxi, or allow it to be operated, unless it is fitted with a meter that:

[‘Taxi service’ is a defined term.]

[rule 16(1), Pt 1, Sch 3, TSLA]

4.11(3)     A taxi driver must:

[rule 16(6)(a), Pt 1, Sch 3, TSLA]

[rule 16(6)(b), Pt 1, Sch 3, TSLA]

[rule 16(6)(c), Pt 1, Sch 3, TSLA (with clarification)]

[rule 16(6)(e), Pt 1, Sch 3, TSLA]

[rule 16(6)(d), Pt 1, Sch 3, TSLA]

4.11(4)     A taxi driver must not:

[rule 12(3)(d) and (e), Pt 1, Sch 3, TSLA]

4.11(5)     An operator of a taxi service must:

[rule 16(5)(b), Pt 1, Sch 3, TSLA]

[rule 16(5)(a) and 16(6)(ca), Pt 1, Sch 3, TSLA]

[rule 16(5)(c), Pt 1, Sch 3, TSLA]

4.11(6)     If, after testing or inspection, the meter is found to be not registering or to be registering incorrectly, the licence holder must ensure that, unless authorised by an enforcement officer, the vehicle is not available for hire until the meter has been repaired, sealed and certified to the satisfaction of the Director or a person authorised by the Director.

[rule 16(8), Pt 1, Sch 3, TSLA]

4.11(7)     An enforcement officer who is in uniform or who produces evidence of identity as an enforcement officer may stop a taxi for any purpose connected with this clause, and inspect the vehicle and inspect or test a meter or any other equipment fitted to the vehicle.

[rule 16(10), Pt 1, Sch 3, TSLA]

4.11(8)     An enforcement officer may, in writing, direct a person operating a taxi to proceed immediately, or at a specified time, to any place in order that the vehicle or any equipment in it may be inspected or tested by the Director or a person authorised by the Director.

[rule 16(11), Pt 1, Sch 3, TSLA]

 

4.12     Drivers to use the most advantageous route to hirer

Subject to 4.6, a taxi driver must, unless requested or agreed by the hirer, travel from the place the hirer enters the vehicle to the intended destination of the hirer without any unnecessary deviation from the route that is most advantageous to the hirer.

[rule 18, Pt 1, Sch 3, TSLA]

 

4.13     Area knowledge certificates

4.13(1)     A person must not drive a taxi or cause or permit another person to drive a taxi unless the driver holds an area knowledge certificate or certificates issued by the Director, or by a person or organisation approved by the Director.

[s.18A(1) TSLA]

4.13(2)     An area knowledge certificate must relate specifically to the operating area (as notified to the Director under 7.6(1)) of the approved taxi organisation for which the applicant intends to drive.

[s.18A(4)(d) TSLA]

4.13(3)     A taxi driver in Auckland, Hamilton, Christchurch, Dunedin or Wellington must hold an applicable area knowledge certificate or certificates, as the case may require, for the metropolitan area or areas of that city (as determined by the Director).

[New]

4.13(4)     A taxi driver who, immediately before the commencement of this Rule, drove for an approved taxi organisation in Auckland, Hamilton, Christchurch, Dunedin or Wellington must by [12 months after the date on which the Rule is signed] comply with 4.13(3).

[New]

4.13(5)     A taxi driver must not accept a hire in any area unless the driver holds an area knowledge certificate applicable to that area.

[s.18A(2) TSLA; rule 12(1)(e), Pt 1, Sch 3, TSLA]

4.13(6)     The area knowledge certificate test, and any revisions to the test, must be approved by the Director.

[reg. 2A(1) TSL regs]

4.13(7)     If the Director believes on reasonable grounds that a taxi driver, including a driver who has already undergone an area knowledge test, does not have an adequate knowledge of any operating area of the approved taxi organisation for which he or she is driving, the Director may require the driver to take an area knowledge test for that area.

[reg. 2A(2) and (4) TSL regs]

4.13(8)     If the Director believes on reasonable grounds that a taxi driver is not able to demonstrate the ability to communicate in English, the Director may require the driver to take an English language test or complete course that is approved by the Director.

[New]

4.13(9)     A requirement issued by the Director under 4.13(7) or 4.13(8) for a taxi driver to take an area knowledge test or an English language test or complete a course must state:

[rule 2A(3) TSL regs, with amendment to refer to English test and course]

4.13(10)     The Director may revoke the area knowledge certificate of a taxi driver who fails to pass an area knowledge test or satisfactorily complete a test or course by the specified date.

[reg. 2A(5) TSL regs]

4.13(11)     An area knowledge certificate must be in a form approved by the Director.

[s.18A(4)(a) TSLA]

4.13(12)     An area knowledge certificate must not be issued unless the applicant has passed a test approved by the Director, which must be conducted in English.

[s.18A(4)(c) TSLA]

4.13(13)     The Director may suspend or revoke an approval to issue an area knowledge certificate given to a person or organisation if the Director considers that the holder of the approval has failed to meet the standard stated in the Deed of Approval.

[s.18A(5) TSLA]

 

Section 5     Shuttle services

5.1     General requirements

5.1(1)     A holder of a passenger service licence who operates a shuttle service, and a driver of a shuttle, must comply with the requirements in this section.

[‘Shuttle’ and ‘shuttle service’ are defined terms. Requirements relating to shuttles are now separated from the requirements relating to other transport services.]

5.1(2)     A shuttle may use a stand designated for shuttles only or areas designated for small passenger service vehicles (unless the stand is designated for taxis only).

5.1(3)     A shuttle may not be fitted with a sign on the roof of the vehicle.

5.1(4)     A shuttle may not cruise for hire.

5.1(5)     A shuttle must be available for the shared use of unassociated passengers.

 

5.2     Operator identification

5.2(1)     An operator of a shuttle service must ensure that the operator’s name, business location and telephone number are clearly displayed, in a form approved by the Director, on the inside and outside of the shuttle.

5.2(2)     An operator of a shuttle service must ensure that the operator’s transport service licence number is displayed, in a form approved by the Director, on the outside of the shuttle.

5.2(3)     The information required by 5.2(1) and 5.2(2) must be displayed in a contrasting colour to the vehicle.

5.2(4)     The information required by 5.2(1) to be displayed on the inside of a vehicle must be positioned in a prominent position at the front of the vehicle, so that a passenger can easily read it.

5.2(5)     The information required by 5.2(2) to be displayed on the outside of a vehicle must be positioned on the forward doors on both sides of the vehicle.

 

5.3     Duty of driver relating to hiring

5.3(1)     Except if 3.3(1) or 3.3(2) applies, if a driver of a shuttle is on duty and available for hire, he or she must accept:

[rule 12(1), Pt 1, Sch 3, TSLA]

 

5.4     Shuttle routes

5.4(1)     A shuttle service must be operated between defined starting or end points.

5.4(2)     The starting or end points of a shuttle service must be main transit points, including, but not limited to, an airport, or a bus or ferry terminal, or a railway station.

[New]

5.4(3)     A passenger of a shuttle service may be uplifted:

5.4(4)     Before commencing a shuttle service, a shuttle operator must register the following information with the Director:

 

5.5     Information to be displayed or carried in the vehicle

5.5(1)     A driver of a shuttle may only charge pre-determined fares.

5.5(2)     A holder of a passenger service licence for a shuttle or shuttles must ensure that a schedule of standard fares is carried in a shuttle or shuttles being used under the licence.

[New]

5.5(3)     A notice for prospective passengers must be displayed in a readily visible position in a shuttle:

5.5(4)     A driver of a shuttle must produce to a prospective passenger a detailed fare schedule when requested to do so.

[New]

5.5(5)     The schedule required by 5.5(4) must state:

5.5(6)     A person may not drive a shuttle that is available for hire unless:

[New]

 

5.6     Shuttle stands

5.6(1)     A driver of a shuttle that is available for hire must take up position at a designated shuttle stand, or at an area designated for small passenger service vehicles (unless the stand is designated for taxis only).

5.6(2)     A driver of a shuttle must take the first vacant position on the stand behind the last vehicle.

5.6(3)     When a shuttle ahead of the driver on the stand moves, the shuttle driver must immediately move his or her vehicle into the position vacated.

5.6(4)     A driver of a shuttle must comply with any bylaws relating to the stand.

[New, but adapted from the provisions relating to taxis in rule 14, Pt 1, Sch 3 TSLA]

 

5.7     Fares and charges to be registered with Director

5.7(1)     The fares and charges referred to in 5.5(5) must be registered with the Director.

5.7(2)     The fares registered with the Director must be inclusive of GST.

5.7(3)     A driver of a shuttle may not charge a fare that exceeds the fare (or scale of fares) registered with Director.

 

Section 6     Private hire services

6.1     General requirements

6.1(1)     A holder of a passenger service licence who operates a private hire service and a driver of a private hire vehicle must comply with the requirements in this section.

[This category of small passenger vehicles is new. 'Private hire service' and 'private hire vehicle' are defined terms.]

6.1(2)     A private hire vehicle may not cruise for hire.

6.1(3)     A private hire vehicle may not be fitted with a sign on the roof of the vehicle.

6.1(4)     A private hire vehicle must be pre-booked.

6.1(5)     A driver of a private hire vehicle may only charge pre-determined fares.

6.1(6)     A holder of a passenger service licence who operates a private hire service must register with the Director details of the nature of the private hire service and the general area of operation.

 

6.2     Operator identification

A driver of a private hire vehicle must carry in the vehicle the full name, business location, telephone number, and transport service licence number of the licence holder, and must produce these details on demand for inspection by an enforcement officer.

 

6.3     Designated stands

6.3(1)     A driver of a private hire vehicle may take up a position at a designated vehicle stand for small passenger service vehicles (unless the stand is designated for taxis or shuttles only) if the private hire vehicle is waiting for a pre-booked passenger.

6.3(2)     A driver of a private hire vehicle must comply with any bylaws relating to the stand.

[New, but adapted from the provisions relating to taxis in rule 14, Pt 1, Sch 3 TSLA]

 

6.4     Fares and charges to be registered with Director

6.4(1)     The fares and charges of a private hire service must be registered with the Director.

6.4(2)     The fares registered with the Director must be inclusive of GST.

6.4(3)     A driver of a private hire vehicle may not charge a fare that exceeds the fare registered with the Director.

 

Section 7     Approved taxi organisations

7.1     Application requirements

An application from a person or an organisation to be an approved taxi organisation must be on a form approved by the Director and include:

[s.21(2)(a)-(d) TSLA; (e) is new]

7.1(2)     The application must be accompanied by a copy of the applicant’s proposed operating rules and by the fee specified in regulations made under the Act.

[s.21(2)(ca) TSLA]

 

7.2     Public notice of application

7.2(1)     A notice of application in a form approved by the Director to be an approved taxi organisation must be published twice, at an interval of not more than seven days, in a local newspaper or newspapers approved by the Director.

[s.7(1) TSLA]

7.2(2)     The notice must specify the name of the applicant and the names of the natural persons who are to have control of the taxi organisation.

[‘Passenger service’ is a defined term.]

[s.7(2) TSLA]

7.2(3)     The Director may not grant an application to be an approved taxi organisation until at least 14 days have elapsed following the date of the first publication of the notice.

[s.7(3) TSLA]

 

7.3     Approved taxi organisation’s operating rules

7.3(1)     An approved taxi organisation must submit to the Director, for the Director's approval, a copy of every amendment to the organisation's approved operating rules.

[s.22(4B) TSLA]

7.3(2)     The Director may approve rules and alterations furnished or submitted under 7.3(1) if satisfied that the rules or amended rules are likely to give the organisation adequate control over its members and their drivers.

[s.22(4C) TSLA]

7.3(3)     An approved taxi organisation must ensure that its members and their drivers comply with the organisation's approved operating rules.

[s.22(4D) TSLA]

 

7.4     Operating requirements

An approved taxi organisation must:

[‘Regional council’ is a defined term.]

[s.22(1)(a) TSLA]

[New]

[s. 22(1)(b) TSLA]

[s.22(1)(c) TSLA]

[s.22(1)(d) TSLA]

[s.22(1)(e) TSLA]

[s.22(1)(f) TSLA]

[s.22(1)(g) TSLA]

[New]

[s.22(1)(h) TSLA]

[New]

[New]

[New]

[New]

[New]

[s.22(1)(i) TSLA; rule 11(3), Pt 1, Sch 3 TSLA]

[New]

[New]

 

7.5     Fare schedules of organisations

7.5(1)     An approved taxi organisation must register with the Director:

[rule 8(1), Pt 1, Sch 3 TSLA]

7.5(2)     An agreement between operators of small passenger service vehicles to comply with a schedule required by 7.5(1), or by rules that require compliance with that schedule, and the enforcement of that schedule, is authorised for the purposes of the Commerce Act 1986.

[rule 8(2), Pt 1, Sch 3 TSLA]

 

7.6     Other requirements

7.6(1)     An approved taxi organisation must give written notice to the Director of its operating area by reference to local authority boundaries.

[s.18A(3) TSLA]

7.6(2)     A regional council in whose region an approved taxi organisation provides a service may, in respect of the service within that region, exempt the organisation from the requirements in 7.4(b) if, in the opinion of the regional council, public demand does not require that level of service.

[s.22(2) TSLA]

7.6(3)     An exemption granted under 7.6(2) may:

[s.22(3) TSLA]

 

Section 8     Rental services

8.1     Register of vehicles and hirers

8.1(1)     A holder of a rental service licence must:

[‘Rental service’ is a defined term.]

[rule 1 (1), Pt III, Sch 3 TSLA]

8.1(2)     A holder of a rental service licence must, if reasonably requested by the Director to do so, produce for inspection by an enforcement officer, the register of vehicles and hirers for the three years preceding the date of the request.

[rule 1 (4), Pt III, Sch 3 TSLA]

 

8.2     Agreement for hire of rental vehicle

8.2(1)     A holder of a rental service licence and a hirer of a rental service vehicle operated under that licence must enter into a written agreement for the hire of the vehicle.

[‘Rental service vehicle’ is a defined term.]

[rule 2 (1), Pt III, Sch 3 TSLA]

8.2(2)     The agreement referred to in 8.2(1) must, in addition to the requirements specified in 8.3, include the terms set out in:

[rule 2 (2), Pt III, Sch 3 TSLA]

8.2(3) A holder of a rental service licence must ensure the hirer receives at least one copy of the agreement.

[rule 2 (3), Pt III, Sch 3 TSLA]

8.2(4)     A holder of a rental service licence must, if requested to do so by the hirer, explain the provisions and content of the hire agreement to the hirer.

[New]

 

8.3     Hirer’s liability for use of vehicle

8.3(1)     The agreement must state the following:

[Cl 17, Annex to Pt III, Sch 3 TSLA]

[Cl 18, Annex to Pt III, Sch 3 TSLA]

8.3(2)     A hirer must ensure that a copy of the agreement is:

[rule 2 (4), Pt III, Sch 3 TSLA]

 

8.4     Insurance of a hired vehicle

8.4(1)     Before entering into an agreement for hire of a rental vehicle, a holder of a rental service licence must offer vehicle insurance to the prospective hirer.

[rule 3 (1), Pt III, Sch 3 TSLA]

8.4(2)     A prospective hirer does not have to accept the insurance cover offered by the holder of a rental service licence.

8.4(3)     If a prospective hirer does not accept the insurance cover offered by the holder of a rental service licence, the prospective hirer must provide alternative vehicle insurance cover that is comparable with the insurance cover offered by the rental service licence holder.

[New]

8.4(4)     If a prospective hirer’s own insurance cover is not comparable with the insurance cover provided by the holder of a rental service licence, the holder has the right to refuse to hire the vehicle to the prospective hirer.

[New]

 

8.5     Hirer’s liability for infringement fees

8.5(1)     A rental service operator may charge an infringement fee to a hirer’s credit card if:

[New]

8.5(2)     The offences referred to in 8.5(1) are:

[‘Approved vehicle surveillance equipment’ is a defined term.]

[New]

8.5(3)     A rental service operator may not charge an infringement fee to a hirer’s credit card unless the hirer has been notified in the rental service agreement of:

[New]

8.5(4)     At the time of hiring, the hirer must confirm in writing to the rental service operator that the hirer has been notified of the information specified in 8.5(3).

8.5(5)     If debiting the hirer’s credit card for an infringement fee for an offence in 8.5(2), the rental service operator must send within two working days a copy of the infringement notice or any reminder notice, and of the contract, to the permanent address provided by the hirer in the rental service agreement.

[New]

8.5(6)     The rental service operator may charge an administration fee to cover the cost of debiting the hirer’s credit card.

[New]

8.5(7)     The rental service operator must keep copies of the infringement notice, reminder notice and the agreement for a period of six months from the dates of the notices and the signed contract.

[New]

 

Section 9     Vehicle recovery services

9.1     Operator identification

9.1(1)     A holder of a vehicle recovery service licence must ensure that the following information is clearly displayed on both the inside and the outside of every vehicle used under the licence:

[‘Vehicle recovery service’ is a defined term]

[rule 2(1), Pt II, Sch 3, TSLA]

9.1(2)     A holder of a vehicle recovery service licence must ensure that the holder’s transport service licence number, in a form approved by the Director, is displayed on the outside of the vehicle.

[New]

9.1(3)     The information required by 9.1(1) and 9.1(2) must be displayed in a contrasting colour to the vehicle.

[New]

9.1(4)     The information required by 9.1(1) and 9.1(2) to be displayed on the outside of the vehicle must be positioned on the forward doors of both sides of the vehicle.

[rule 2(2), Pt II, Sch 3 TSLA]

 

9.2     Operator responsibility

A holder of a vehicle recovery service licence is responsible for the conduct of his or her drivers and employees based at the licence holder’s business location.

[New]

 

9.3     Driver identification

A driver of a vehicle recovery service vehicle must wear, in a readily visible position, his or her driver identification card that complies with 3.2(2).

[rule 3, Pt II, Sch 3 TSLA]

 

9.4     Driver behaviour

A driver of a vehicle recovery service vehicle must behave in an orderly and civil manner at all times while engaged in the operation of a vehicle recovery service vehicle.

[New]

 

9.5     Driver responsible for behaviour of passengers

9.5(1)     Except in respect of persons specified in 9.5(2), a driver of a vehicle recovery service vehicle is responsible for ensuring that any passenger the driver allows in the vehicle does not engage in threatening or improper behaviour.

9.5(2)     The persons referred to in 9.5(1) are:

[rule 5, Pt II, Sch 3 TSLA]

9.5(3)     A driver of a vehicle recovery service vehicle is in breach of 9.5(1) if any passenger for whom he or she has responsibility engages in threatening or improper behaviour while the passenger is in the vehicle, or in the vicinity of the vehicle when the vehicle is attending a crash, breakdown, or other situation in which the vehicle’s services may be required, regardless of any lack of fault on the part of the driver.

[rule 5, Pt II, Sch 3 TSLA]

 

9.6     Driver to comply with direction of enforcement officer or ambulance officer

9.6(1)     A driver of a vehicle recovery service vehicle must, if so directed by an enforcement officer or an ambulance officer, move himself or herself, and the vehicle, away from the immediate vicinity of a crash scene.

[rule 6(1), Pt II, Sch 3 TSLA]

9.6(2)     The driver of a vehicle recovery service vehicle must ensure the removal of a person who has arrived at the crash as a passenger in the vehicle (other than a person listed in 9.5(2)(a) to (c)), if an enforcement officer or an ambulance officer requests that person’s removal.

[rule 6(2), Pt II, Sch 3, TSLA]

9.6(3)     A driver of a vehicle recovery service vehicle is in breach of 9.6(2) if the passenger fails to comply with that request, regardless of any lack of fault on the part of the driver.

[rule 6(2), Pt II, Sch 3 TSLA]

 

9.7     Advertising material

A holder of a vehicle recovery service licence must not allow a vehicle to be used in the service if there is advertising material on the outside or the inside of the vehicle that:

[rule 4, Pt II, Sch 3 TSLA]

 

9.8     Animals prohibited

9.8(1)     Subject to 9.8(2), a holder of a vehicle recovery service licence and a driver of a vehicle used in the service must not allow an animal to be transported in or on that vehicle at any time when the vehicle is being used or is available for use in the service.

[rule 7, Pt II, Sch 3 TSLA]

9.8(2)     The following animals may be carried in or on a vehicle recovery service vehicle:

[rule 7, Pt II, Sch 3 TSLA]

 

9.9     Tow authority

9.9(1)     A vehicle recovery service vehicle may not tow a vehicle unless a tow authority has been completed and is carried in the vehicle recovery service vehicle.

[‘Tow authority’ is a defined term.]

[rule 8(1), Pt II, Sch 3 TSLA]

9.9(2)     A tow authority must be in a form approved by the Director and must contain the following:

[rule 8, Part II, Sch 3 TSLA]

[Note: Land Transport Rule: Work Time and Logbooks requires tow authorities to be maintained as a record of work time undertaken.]

9.10     Restriction on moving of vehicles by vehicle recovery service

9.10(1)     Subject to 9.10(2), a person may not move a vehicle using a vehicle
recovery service vehicle unless the tow authority has been signed by:

[rule 9, Pt II, Sch 3 TSLA]

9.10(2)     If a person listed in 9.10(1) is not available, the driver of the vehicle recovery service vehicle must record the name, address and contact telephone number of the person who requested that the tow be undertaken.

[proviso to rule 9, Pt II, Sch 3 TSLA]

 

9.11     Tows to be without deviation or delay

A driver of a vehicle recovery service vehicle towing a vehicle must tow that vehicle to the place of intended set down without unnecessary delay or deviation from the shortest available route, unless otherwise instructed by:

[rule 10, Pt II, Sch 3 TSLA]

 

9.12     Prevention of damage or loss

A holder of a vehicle recovery service licence and a driver of a vehicle recovery service vehicle must take all reasonable precautions to prevent loss of or from, or damage to, a vehicle that is being or has been towed under the licence.

[rule 11, Pt II, Sch 3 TSLA]

 

9.13     Register of tows

9.13(1)     A holder of a vehicle recovery service licence must maintain a register comprising, in chronological order, all the tow authorities completed in respect of each vehicle recovery service vehicle operated under the licence.

[rule 12(1), Pt II, Sch 3 TSLA]

9.13(2)     A tow authority must be included in the appropriate register within 18 hours after the completion of the tow to which it relates.

[rule 12(2), Pt II, Sch 3 TSLA]

9.13(3)     The register must be made available, at any reasonable time during the 12 months following the latest date to which it refers, for inspection by:

[rule 12(3), Pt II, Sch 3 TSLA]

 

9.14     Complaints register

9.14(1)     A holder of a vehicle recovery service licence under which one or more vehicle recovery service vehicles are operated must ensure that a single register of complaints is maintained which deals with complaints received concerning the operation of the vehicle recovery service.

[rule 13(1), Pt II, Sch 3 TSLA]

9.14(2)     A complaint does not have to be entered in the register unless the complaint is signed and in writing.

[rule 13(2), Pt II, Sch 3 TSLA]

9.14(3)     The complaints register must, as far as is practicable, record the following matters:

[reg. 3(1) TSL regs]

9.14(4)     The original written complaint must be retained as part of, or as an attachment to, the complaints register.

[reg. 3 (2) TSL regs]

9.14(5)     The register must be available for inspection at any reasonable time by an enforcement officer.

[rule 13(3), Pt II, Sch 3 TSLA]

9.14(6)     The register must be maintained and available for inspection under 9.14(5) for two years following the date of the latest entry in the register.

[rule 13(4), Pt II, Sch 3 TSLA]

 

Section 10     Other vehicles and services

10.1     Goods service vehicles

    Operator identification

10.1(1)     Subject to 10.1(3) and 10.1(4), a holder of a goods service licence must ensure that there is clearly displayed on the outside of both forward doors of every goods service vehicle (other than a trailer) used under the licence:

[s.35(1) TSLA; (b) is new]

10.1(2)     The information required by 10.1(1) must be displayed in a contrasting colour to the vehicle and in a form approved by the Director.

[New]

10.1(3)     The Director may approve the display of the name and business location of the holder in a different position from that specified in 10.1(1).

[s.35(1A)(a) TSLA]

10.1(4)     Subclause 10.1(1) does not apply if the vehicle is operated under a certificate of responsibility, and that certificate is carried in the vehicle and can be produced for inspection on demand by an enforcement officer.

[s.35(2) TSLA]

 

10.2     Large passenger service vehicles

    Operator identification

10.2(1)     A holder of a passenger service licence must ensure that there is clearly displayed, on the outside of every large passenger service vehicle used under the licence:

[‘Large passenger service vehicle’ is a defined term.]

[s.36(1) TSLA; (b) is new]

10.2(2)     The information required by 10.2(1) must be displayed in a contrasting colour to the vehicle and in aform approved by the Director.

[New]

10.2(3)     The Director may exempt a licence holder from the requirement in 10.2(1) for any period and subject to any conditions that the Director may determine.

[s.36(2) TSLA]

10.2(4)     Subclause 10.2(1) does not apply if the vehicle is operated under a certificate of responsibility, and that certificate is carried in the vehicle and can be produced for inspection on demand by an enforcement officer.

[s. 36(3) TSLA]

    Complaints register

10.2(5)     A holder of a passenger service licence under which a large passenger service vehicle is operated must ensure that a single register of complaints is maintained which deals with the complaints received concerning the operation of all such vehicles operated under the licence.

[s.36(4) TSLA]

10.2(6)     The register must be available for inspection at any reasonable time by an enforcement officer.

[s.36(5) TSLA]

10.2(7)     The register must be maintained and available for inspection under 10.2(5) for two years following the date of the latest entry in the register.

[s.36(5) TSLA]

 

10.3     Dial-a-driver service

A person may not drive in a dial-a-driver service unless that person is the holder of, and wears in a readily visible position, a current driver identification card.

[New]

 

Section 11     Exemptions

11.1     Exempt passenger services

11.1(1)     The following passenger services are exempt services for the purposes of the Act and this Rule:

[clause 1, Pt 1, Sch 1 TSLA]

[New]

[New]

[New]

[clause 1, Pt 1, Sch 1 TSLA]

[clause 2, Pt 1, Sch 1 TSLA]

[New]

[clause 4A, Pt 1, Sch 1 TSLA]

[‘Home or community support service’ is a defined term.]

[clause 1A , Pt 1, Sch 1 TSLA]

[New]

[reg. 9(b) TSL regs]

[reg. 4(2)(a) of the Transport (Drivers Licensing) Regulations 1987 (revoked)]

[‘Controller’ is a defined term.]

[clause 3(a), Pt I, Sch 1 TSLA]

[clause 3(b), Pt I, Sch 1 TSLA]

[‘Armed forces’ is a defined term.]

[clause 3(c), Pt I, Sch 1 TSLA]

[clause 3(d), Pt I, Sch 1 TSLA]

[clause 3(e), Pt I, Sch 1 TSLA]

11.1(2)     An organisation in 11.1(1)(a) or 11.1(1)(d) may receive funding for the transport service from third parties or donations in respect of the service.

[New]

 

Part 2     Definitions and abbreviations

Act
means the Land Transport Act 1998.
Ambulance service
means a service that complies with the requirements in NZS 8156:2002 Ambulance Sector Standard.
Approved taxi organisation
means a taxi organisation approved or deemed to be approved by the Director under this Rule or the Act or the regulations.

[LTAA 2005]
Approved vehicle surveillance equipment
means vehicle surveillance equipment of a kind approved by the Minister of Police, by notice in the Gazette.

[LTA 1998]
Armed forces
means the Navy, the Army, and the Air Force collectively; and includes any branch, corps, command, formation, unit, or other part of the Armed Forces; but does not include any part of the cadet forces.
Authority
means Land Transport New Zealand established by section 66 of the Land Transport Management Act 2003.
Business location
in relation to any matter required by the Act or this Rule to be displayed on any vehicle, means:
  • (a) in the case of a licence holder, operator, or approved taxi organisation which has its base location in an urban area, the location of that base by reference to the town or city, and the suburb (if any), in which it is situated; or
  • (b) in any other case, any description of location by which the base location of the licence holder, operator, or organisation can be easily identified, whether by reference to any road and area, or by reference to the nearest urban area.
[TSLA]
Control
in relation to a transport service or a proposed or approved taxi organisation, means direct or indirect control of the management of the whole or part of the transport service or taxi organisation by a shareholding or the holding of any position (however described) in the management of the whole or part of the transport service or taxi organisation that gives the person a significant influence on the operation of the whole or part of the service or organisation (whether or not other persons are also involved).

[LTAA 2005]
Controller
means the person who is the National Controller in accordance with section 10, or a Group Controller appointed under section 26 of the Civil Defence Emergency Management Act 2002.
Designated stand
means an area designated by a road controlling authority as an area in which a specified category of small passenger service vehicles that are indicating their availability for hire may wait for hires.

[TSLA-with modifications]
Dial-a-driver service
means a passenger service in which the carriage of passengers is made using the vehicle provided by one of the passengers and the driver is paid for the carriage; but does not include a service in which a vehicle is driven by a private chauffeur.
Director
means the Director of Land Transport appointed under section 186 of the Act.
Driver identification card
means the driver identification card required by 3.2, 9.3 or 10.3 to be held by the driver of a small passenger service vehicle or a vehicle recovery service vehicle.
Enforcement authority
has the same meaning as it has in section 2(1) of the Act.
Enforcement officer
means:
  • (a) a sworn member of the Police;
  • (b) a non-sworn member of the Police who is authorised for the purpose by the Commissioner of Police;
  • (c) a person who is appointed to that office by warrant under section 208 of the Act or who holds that office by virtue of that Act.
[LTA 1998]
Goods service
  • (a) means the carriage of goods on any road, whether or not for hire or reward, by means of a motor vehicle whose gross laden weight is 6000 kg or more; and
  • (b) includes the letting on hire of a motor vehicle whose gross laden weight is 6000 kg or more by a person who drives the vehicle or provides a driver for the vehicle, where the motor vehicle is used for the carriage of goods; but
  • (c) does not include:
    • (i) a vehicle recovery service; or
    • (ii) a service involving the carriage of goods for personal domestic purposes where the service is not operated for more than a total of seven days in any 12-month period; or
    • (iii) any carriage of goods by a passenger service vehicle where the carriage is part of a contract for the carriage of passengers or where the carriage is of such small amounts of goods, or occurs so infrequently, that it does not form a significant part of the overall operations of the vehicle; or
    • (iv) the use of trucks by motor traders (within the meaning of section 7 of the Motor Vehicle Sales Act 2003) to carry goods for demonstration and sale purposes; or
    • (v) the use of vintage vehicles to carry goods for display purposes; or
    • (vi) the use of trailers towed by small passenger service vehicles to carry passengers’ luggage; or
    • (vii) any service specified as an exempt goods service in the regulations or this Rule.
[LTAA 2005]
Goods service licence
means a licence granted or deemed to be granted under subpart 3 of Part 4A of the Act that authorises its holder to carry on a goods service.

[LTAA 2005]
Goods service vehicle
  • (a) means a motor vehicle used or capable of being used in a goods service for the carriage of goods; but
  • (b) does not include a vehicle specified as an exempt goods service vehicle in the regulations or this Rule.
[LTAA 2005]
Gross laden weight
has the same meaning as it has in section 2(1) of the Act.
Gross vehicle mass
means either:
  • (a) the maximum permitted mass of a vehicle, which includes the mass of the accessories, the crew, the passengers and load, and is, unless (b) applies, the gross vehicle mass specified (subsequent to the latest modification, if any) by the manufacturer of the vehicle; or
  • (b) if a person approved for the purpose by the Director determines that the gross vehicle mass should differ from that specified by the manufacturer, taking into account evidence on the capability of the systems and components of the vehicle, or the effects of any modification, that mass determined by that person.
GST
means Goods and Services Tax.
Health practitioner
has the same meaning as it has in section 5(1) of the Health Practitioners Competence Assurance Act 2003.
Home or community support service
means a health or disability support service provided in the environment of a person’s home or in their community, by individuals working as support workers or health practitioners accountable to a home or community support service provider.
Hours of darkness
means:
  • (a) a period of time between half an hour after sunset on one day and half an hour before sunrise on the next day; or
  • (b) any other time when there is not sufficient daylight to render clearly visible a person or vehicle at a distance of 100 metres.
Large passenger service vehicle
means any passenger service vehicle that is designed or adapted to carry more than 12 persons (including the driver).
[LTAA 2005]
Licence or other document
means any transport service licence or other document issued by the Director under this Rule.
Motor vehicle
has the same meaning as it has in section 2(1) of the Act.
Notify
means to notify in writing.
Parking warden
means a parking warden appointed or deemed to be appointed under section 7 of the Transport Act 1962.
Passenger service
  • (a) means:
    • (i) the carriage of passengers on any road for hire or reward by means of a motor vehicle; and
    • (ii) the carriage of passengers on any road, whether or not for hire or reward, by means of a large passenger service vehicle; and
  • (b) includes the carriage of passengers on any road:
    • (i) that involves a specific charge on passengers for transport, including part payments to cover fuel and donations (which are expected as a condition of carriage); or
    • (ii) by a person or organisation that is funded by another person or organisation specifically for the provision of transport; or
    • (iii) in which the carriage of passengers is an integral part of, or reasonably necessary to provide, another service or activity (other than a transport service) for which payment is made; or
    • (iv) in which the carriage of passengers is made using the vehicle provided by one of the passengers and the driver is paid for the carriage; or
    • (v) that involves the letting on hire of a vehicle by a person who drives the vehicle or provides a driver for the vehicle if, during the hiring, the vehicle is used for the carriage of passengers; but
  • (c) does not include:
    • (i) private ambulance services provided by organisations primarily for their employees, being ambulance services that are available to the general public in an emergency only when public ambulance services cannot provide a service; or
    • (ii) any service using a vehicle that is specified as an exempt passenger service vehicle in the regulations or this Rule; or
    • (iii) any service specified as an exempt passenger service in the regulations or this Rule.

[LTAA 2005]
Passenger service licence
means a licence granted or deemed to be granted under subpart 3 of Part 4A of the Act that authorises its holder to carry on a passenger service.

[LTAA 2005]
Passenger service vehicle
  • (a) means a vehicle used or available for use in a passenger service for the carriage of passengers; but
  • (b) does not include:
    • (i) a vehicle used in dial-a-driver service;
    • (ii) a vehicle specified as an exempt passenger service vehicle in the regulations or this Rule.
[LTAA 2005]
Private hire service
means a passenger service carried on by means of a private hire vehicle or vehicles.
Private hire vehicle
means a motor vehicle that:
  • (a) is a small passenger service vehicle that is designed or adapted to carry 12 or fewer persons (including the driver); and
  • (b) carries passengers for hire or reward; and
  • (c) is hired for a pre-determined itinerary.
Regional Council
means a regional council within the meaning of the Local Government Act 2002.
Registered Service
  • (a) means:
    • (i) in respect of a passenger service, a passenger service registered under section 49 of the Transport Services Licensing Act 1989; and
    • (ii) in respect of a specified service, any part of the service that is so registered; and
  • (b) includes a contracted service.
Rental service
means the letting of a motor vehicle on hire for the carriage of passengers (including the driver) or of goods, or both, to a person who drives the vehicle or provides a driver for the vehicle; but does not include:
  • (a) the letting of a motor vehicle under a hire purchase agreement or a bailment that is for a period exceeding six months; or
  • (b) the hiring of trailers with a gross laden weight not exceeding 3,500 kg; or
  • (c) any service specified as an exempt rental service in the regulations or this Rule.
[LTAA 2005]
Rental service licence
means a licence granted or deemed to be granted under subpart 3 of Part 4A of the Act that authorises its holder to carry on a rental service.

[LTAA 2005]
Rental service vehicle
means a vehicle used or available for use in a rental service for letting on hire for the carriage of passengers or goods, or both, to a person who drives the vehicle or provides a driver for the vehicle; but does not include a vehicle specified as an exempt rental service vehicle in the Act or the regulations or this Rule.

[LTAA 2005]
Road controlling authority
in relation to a road:
  • (a) means the authority, body, or person having control of the road; and
  • (b) includes a person acting under and within the terms of the delegation or authorisation given by the controlling authority.
Service
in relation to transport services licensing, includes:
  • (a) an operation carried out on one occasion only;
  • (b) an operation carried out solely for the benefit of the persons carrying it out.
Shuttle
means a motor vehicle that is:
  • (a) a small passenger service vehicle that is designed or adapted to carry no fewer than eight persons and no more than 12 persons (including the driver); and
  • (b) used for hire or reward for the carriage of passengers who must begin or end their journey at a defined transit point.
Shuttle service
means a passenger service carried on by means of a shuttle or shuttles.
Small passenger service vehicle
means any passenger service vehicle that is designed or adapted to carry 12 or fewer persons (including the driver).

[LTAA 2005]
State services
has the same meaning as in the State Sector Act 1988.
Support worker
means a support worker described in the New Zealand Home and Community Support Sector Standard (NZS 8158:2003) or a mental health community support worker.
Taxi
means a motor vehicle that is:
  • (a) a small passenger service vehicle; and
  • (b) fitted with a sign on its roof displaying the word ‘taxi’ and any other signs required by the regulations or this Rule; and
  • (c) in use or available for use for hire or reward for the carriage of passengers other than on defined routes.

[LTAA 2005]
Taxi service
means a passenger service carried on by means of a taxi or taxis.

[LTAA 2005]
Tow authority
means a document that must be completed by the driver of a vehicle recovery service vehicle before towing a vehicle away.
Transport service
  • (a) means any goods service, passenger service, rental service, or vehicle recovery service; but
  • (b) does not include:
    • (i) a service under the Railways Act 2005; and
    • (ii) any service specified as an exempt transport service in the regulations or this Rule.

[LTAA 2005]
Transport service licence
means any of the following licences granted or deemed to be granted under subpart 3 of Part 4A of the Act:
  • (a) a goods service licence;
  • (b) a passenger service licence;
  • (c) a rental service licence;
  • (d) a vehicle recovery service licence.

[LTAA 2005]
Transport service operator
in relation to a transport service, means the holder of a transport service licence or a person carrying on a transport service in circumstances in which that person ought to hold a transport service licence.

[LTAA 2005]
Transport service vehicle
means any goods service vehicle, passenger service vehicle, rental service vehicle, or vehicle recovery service vehicle; but does not include:
  • (a) a vehicle licensed under the Railways Act 2005; or
  • (b) a vehicle running on self-laying tracks or rollers; or
  • (c) a vehicle that operates solely on or in areas to which the public does not have access as of right (whether or not that vehicle is used on a road in connection with that vehicle’s inspection, servicing, or repair, or for the purposes of a practical driving test required under any enactment); or
  • (d) a vehicle used as a place of abode to the extent that it is not used in a rental service; or
  • (e) a vehicle listed as a farm vehicle in Part 1 of the Schedule to the Land Transport Management (Apportionment and Refund of Excise Duty and Excise Equivalent Duty) Regulations 2004 or in any provisions made in substitution for that schedule; or
  • (f) a tractor (being a motor vehicle designed principally for traction at speeds not exceeding 50 km per hour); or
  • (g) a forklift (being a motor vehicle designed principally for lifting and stacking goods by means of one or more forks, tines, platens, or clamps); or
  • (h) a hearse; or
  • (i) a traction engine.

[LTAA 2005]
Unique identifier
means the unique identifier required by 3.3(5)(c) to be specified on a driver identification card.
Vehicle recovery service
  • (a) means the towing or carrying on any road of a motor vehicle, irrespective of the size or design of the towing or carrying vehicle, and whether or not the towing or carrying of the vehicle is carried out by a person intending to carry out repairs on the vehicle; but
  • (b) does not include:
    • (i) the towing or carrying of any motorcycle or moped; or
    • (ii) the towing or carrying of one motor vehicle by another where:
      • (A) the towing or carrying is not carried out directly or indirectly for reward; and
      • (B) the towing or carrying vehicle is not designed or adapted for the purpose of towing or carrying motor vehicles; or
    • (iii) the towing or carrying of a vehicle by a person who owns the vehicle; or
    • (iv) the towing of disabled vehicles using a rope or flat tow by:
      • (A) a person employed by or contracted to a motoring association or insurance company where the towing is limited to removal of the vehicle to a place of safety; or
      • (B) the owner or an employee of a garage or workshop who intends to carry out repairs to the vehicle; or
    • (v) the removal of vehicles by New Zealand Defence Force tow trucks at the request of an enforcement officer; or
    • (vi) routine towing services operated by New Zealand Defence Force personnel in areas where there is no suitable and available commercial towing service nearby; or
    • (vii) any service where the Director has provided the transport service operator with a written notice that:
      • (A) must be carried in the vehicle used in the service; and
      • (B) specifies that the nature of the service is such that the carriage of vehicles should be treated as the carriage of goods; or
    • (viii) any service specified as an exempt vehicle recovery service in the regulations or this Rule.

[LTAA 2005]
Vehicle recovery service licence
means a licence granted or deemed to be granted under subpart 3 of Part 4A of the Act that authorises its holder to carry on a vehicle recovery service.

[LTAA 2005]
Vehicle recovery service vehicle
  • (a) means a vehicle used or available for use in a vehicle recovery service for towing or carrying on a road any motor vehicle; but
  • (b) does not include any vehicle specified as an exempt vehicle recovery service vehicle in the regulations or this Rule.

[LTAA 2005]

 

Part 3     Schedules

Schedule 1     Certificate of responsibility

CERTIFICATE OF RESPONSIBILITY

Pursuant to clause 2.4 of Land Transport Rule: Operator Licensing [2006] the
following records the details of responsibility in relation to the operation of the
vehicle listed below for the period specified in this certificate. Any person or
company named in this certificate as a person or company accepting
responsibility for the operation of the vehicle may be prosecuted and may
incur demerit points for any offence in relation to the use of this vehicle.

1. Particulars of vehicle:

Registration No: __________ Make: _______________ Model:_______

2. Particulars of registered owner:

Name: ____________________________________________________

Address: __________________________________________________

Owner’s Transport Service Licence Number (if applicable): __________
and Type: ______________

3. Particulars of person/company accepting responsibility:
(If company, show company name and name of person authorised to complete
this certificate on behalf of the company)

Name: ____________________________________________________

Address: __________________________________________________

Name of person acting on behalf of company: _____________________

Position: __________________________________________________

Transport Service Licence Number of person/company accepting
responsibility:
_____________________________ Type:______________________

4. Period of operation/Validity of certificate:

From Date: _____________________ To Date: __________________

5. Signed for and on behalf of the parties in 2. and 3. above: ___________

Registered owner (2): _______________________ Date: ____________

Hirer/Borrower (3): _________________________ Date: ____________

This certificate must be retained by the registered owner/s of the vehicle for a
period of not less than 12 months after the last day to which it relates, and
must be produced on demand by an enforcement officer. Failure to complete
all sections or the entering of false or incorrect information may invalidate this
certificate.

This certificate must be produced by the driver of the borrowed vehicle when
demanded by an enforcement officer.

 

Schedule 2     Fare schedules and complaints information

1.     Fare schedule to be displayed on outside of taxis

PRESCRIBED DIMENSIONS AND COMPONENTS
SAMPLE LAYOUT OF DIAGRAM
MAXIMUM FARES: Notified to the Director of Land Transport
[Month/year]
FLAGFALL $X.XX Tariff 1 $X.XX per km [Record here details of any multiple
hire discounts and any other
charges]
Tariff 2 $X.XX per km
  Waiting time XXc per minute
Tariff 1 applies between [time] and [time]   Tariff 2 applies between [time] and [time]

 

2.     Fare schedule and complaints information to be displayed inside taxis

If you have a complaint about the operation of this taxi service contact either:

Name and telephone number of approved taxi organisation or address and telephone number of the nearest Land Transport New Zealand office.		 [In this space, give details of all fares and charges and discounts for multiple hires and the date of fare registration.] [Display fleet number (unique identifier for this vehicle).]
DIMENSIONS

 

3.     Complaints information to be displayed inside a shuttle

If you have a complaint about the operation of this service, contact either:

Name and telephone number of your shuttle organisation or address and telephone number of nearest Land Transport New Zealand office.		 Display fleet number

(unique identifier for the vehicle)
DIMENSIONS

 

Schedule 3     Rental service agreement

A rental service agreement must contain the information specified in clauses 1 to 10 of this Schedule, and may contain the information specified in clause 11 of this Schedule.

1.     The parties

2.     The vehicle

3.     The term of the hire

4.     Authorised drivers

5.     Hire charges

6.     Hirer’s obligations and restrictions

7.     Accidents and vehicle repairs

8.     Insurance

9.     Cancellation of the hire agreement

10.     Hirer’s liability for use of vehicle

11.     Hirer’s liability for infringement fees

 

DRAFT Land Transport Rule - Operator Licensing - Rule 81001
Land Transport New Zealand, Ikiiki Whenua Aotearoa