Land Transport Amendment Act 2005

Key provisions in the Land Transport Amendment Act

Phase A – came into force in June 2005

'Invalid Carriage' and 'Disabled Persons Vehicle' now replaced with 'Mobility Device'

'Child's toy' no longer an exemption from the definition of a motor vehicle

Vehicles with less than 300 watts power are not considered 'motor vehicles

Mobility devices not considered a motor vehicle if less than 1500 watts

Clarification of a driver's responsibilities

It's an offence to provide practical driving instruction for financial gain without a licence

No differentiation between certain traffic offences committed on road or off road

Superseded drivers' licences must also now be returned to Land Transport NZ

Taking of blood sample in an emergency situation can be refused by medical practitioner if a patient's health at risk

Transport service operators – liability for ensuring a load is secure is extended

Transport service operators – liability for overloading is extended

Clarification that transport provided by home care workers is not considered a 'passenger service'

It's a specific offence to trespass on motorways

Distance now a factor in setting towing fees.

Phase B – come into force on 16 January 2006

Certain serious criminal offenders are not allowed to have passenger service endorsements

Community-based sentence is now another sentencing option for disqualified licence holders

Mandatory disqualification period for serious repeat drink driving reduced but driver's alcohol abuse must still be treated

New requirements to operate traction engines on a road or in a public place

Photos from drivers' licences can be provided to next of kin in the event of death

Some disqualified drivers can apply to have their sentence reduced

Temporary licences can be issued in some circumstances

'Three strikes and you're out' - a new, graduated regime for repeat drink-drivers

New Zealand Police given direct authority to serve Notice of Licence Suspension at the roadside

The threshold for immediate licence suspension for exceeding the speed limit and blood alcohol level has been lowered

Impounded vehicles can be sold 10 days after the mandatory holding period

Photographic driver licences to include the original date of issue

Increased penalties for drivers of noisy vehicles

Phase C – come into force once the related land transport rules are finalised or an Order in Council received. This may take several months.

Car rental companies able to pass on fines

Chain of Responsibility has been introduced

Driving hours and logbooks will be simplified when the relevant rules are completed

Driving Instructor and Testing Officer licences can be immediately suspended

Operator Safety Rating System (OSRS) to be introduced

Taxi drivers will be required to know their area and communicate in English

Taxis are required to have clearly distinguishable signage from other taxi companies in the same area

Taxis are required to provide identification in Braille

Dial-A-Driver type services considered a passenger service and require appropriate licensing

Definition of 'passenger service' continues to not include Courtesy Vehicles

Transport service vehicles can be impounded if licence is suspended, revoked or disqualified

You can be fined for applying for a transport service licence if you have been disqualified from holding that same licence.

Vehicles with a gross laden weight of 6000kg or less no longer require a goods service licence

Transport service operators – liability for speeding offences is extended

Dial-a-Driver type services to provide identification

Non-payment of passenger fares is now an enforceable offence

Licensing for transport service operators clarified

Transport operator demerits points system removed.

Page created: 9 December 2005
Last updated: 12 January 2006