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Land Transport Amendment Act 2005

Questions & answers

This document summarises the more significant changes made to the Land Transport Act 1998 (the Act) by the Land Transport Amendment Act 2005 (the amendment Act) and identifies who it is expected to affect and when.

This legislation comes into effect in stages. Some changes are already in force; others come into effect on 16 January 2006, and most clauses governing commercial transport take effect only when the Operator Licensing and Work Time rules are made.

We have put the questions and answers in this document under the different audiences the new legislation is expected to affect. Hyperlinks and reference to other relevant sections have been included to make it easier to use this document.

We also provide a summary of the main changes to the Act and when they will be introduced.

The wording of this document does not replace that used in the amendment Act. For a copy of the new amendment, and for more QAs, go to the Ministry of Transport website: www.transport.govt.nz.

What do I need to know about this new legislation if I am …

a member of the public?

general

a user of public transport services

an importer or a user of a low-powered vehicle or mobility device

a motorist?

a disqualified driver or holder of a revoked licence?

a commercial driver or operator?

a passenger service driver or operator?

a Dial-a-Driver driver or operator?

a hire car operator?

a vehicle towing and storage operator?

a vehicle driving instructor or testing officer?

a traction engine driver or operator?

a drug and alcohol assessment centre operator?

For more information …

a member of the public?

general

Purpose and content of the amendment Act

1. Why was this new legislation created?

The purpose of the Land Transport Amendment Act 2005 (the amendment Act) is to enhance existing land transport safety legislation so that it can be more efficiently and effectively enforced, and its operation and administration is improved. It will also have a positive impact on commercial transport operators.

The Act as amended is the result of a number of years of consultation and work on various issues by the Ministry of Transport, Land Transport New Zealand, New Zealand Police and industry representatives in the land transport sector.

The amendment Act also includes amendments to give effect to the government's enforcement initiatives that were announced on 16 December 2003. These focus particularly on serious and repeat drink drivers and those who drive at excessive speed.

2. What does the amendment Act include?

It contains a large number of amendments, which can be grouped as follows:

  • enhancing enforcement
  • improving targeting of serious and repeat drink-driving offenders
  • improving efficiency for commercial transport operators
  • improving operational and administrative efficiency
  • updating land transport safety law.

Approximately 40 percent of the new amendments can be termed as 'housekeeping' aimed at clarifying and simplifying current legislation.

3. What existing legislation does it change?

The amendment Act combines a number of pieces of existing land transport legislation into the Land Transport Act 1998. The effects of many of the provisions will remain the same but some amendments have been made to provide greater clarity and efficiency. These existing pieces of legislation are:

  • Land Transport Act 1998
  • Transport Act 1962
  • Transport Services Licensing Act 1989 and subordinate legislation
  • Boilers, Lifts and Cranes Act 1950.

4. What are the objectives of the amendment Act?

The amendment Act aims to ensure the land transport system is made safer and more secure.

It aims to:

  • clarify and update many pieces of existing land transport legislation
  • assist in ensuring the safety of taxi and bus users by putting stricter controls on who can drive these vehicles
  • assist in getting repeatedly disqualified drivers off the roads by assisting them in dealing with the problems and not just penalising them
  • assist in improving commercial drivers' health and safety by allowing a rule to be made clarifying the use of logbooks and work time.

Implementation of the amendment Act

5. When does the amendment Act come into effect?

The amendments outlined in the amendment Act come into effect at different times and are dependent on the time involved to set up or change parts of the process or system.

  • A small number of clauses came into effect in late June 2005 once the Governor General gave her Royal Assent to the Bill and it became an Act.
  • A larger number of clauses come into effect on 16 January 2006.
  • Some of the clauses will come into effect once the related land transport rules are finalised and others when an Order in Council is issued. This is not likely to happen until 2006.

6. Who will implement the initiatives outlined in the amendment Act?

The initiatives outlined in the amendment Act will be implemented by several agencies including Land Transport NZ (and its agents), New Zealand Police and the Ministry of Justice, in conjunction with the Ministry of Transport.

7. Who will enforce the initiatives?

The initiatives outlined in the amendment Act will be enforced by the agency responsible, including New Zealand Police, Land Transport NZ and Ministry of Justice.

Amendment Act allows for the development of additional land transport rules

8. What are rules and how are they developed?

Land Transport Rules are a form of delegated legislation similar to regulations.

Rules can be made on a wide variety of subjects including safeguarding and improving safety and personal security, improving access and mobility, protecting and promoting public health and helping to ensure environmental sustainability.

As well as proposing new requirements, rules consolidate and clarify existing requirements on particular subjects that are spread throughout a variety of legal instruments including regulations, New Zealand Gazette notices, Orders and policy directives.

Rules are written in plain language to ensure that they are widely understood and complied with.

Each rule must be economically viable, technically accurate and legally correct. Before being signed, rules go through an extensive process of consultation with the transport industry and other interested groups and individuals, including government departments and agencies and, when relevant, local authorities and community groups.

For more information about rules, go to the Land Transport NZ website: www.landtransport.govt.nz/rules/about-rules.html.

9. What new rules are to be developed?

The amendment Act allows for the development of the following rules:

Work Time and Logbooks Rule (62001) – Aimed at simplifying and better targeting the existing driving hour limits for commercial drivers, and to better target the use of logbooks as an enforcement tool. This was released for public consultation in September 2005. Land Transport New Zealand is now reviewing submissions.

Operator Licensing Rule (81001) – Will consolidate provisions of Transport Services Licensing Act 1989 relating to licensing of passenger (including taxi), goods, vehicle recovery and rental vehicle operators. While focusing on safety, the rule will include provisions on consumer information. It is currently in its yellow phase, that is, it is expected to be released for consultation shortly.

Operator Rating Rule (81002) – Will allow the establishment of safety performance ratings on heavy vehicle and taxi operators. The Rule will include operator obligations, and will define categories of safety performance, rating review procedures and natural justice requirements. It is in the policy development phase and is expected to be released for public consultation in 2006.

Further opportunities for comment on the details contained in any of the above rules are provided through Land Transport New Zealand's rules development process.

Ability to enforce existing provisions tightened

10. Does this amendment Act give New Zealand Police and the Director of Land Transport more ability to enforce land transport law?

Yes. The amendment Act tightens the ability of the Director of Land Transport and the New Zealand Police to enforce existing provisions.

For example, the Police can apprehend a person with a breath alcohol level well above the limit and suspend their licence for 28 days; under the amendment Act the level that triggers that requirement has been lowered.

11. What safeguards are in place to ensure land transport law is enforced fairly?

The amendment Act (like the Land Transport Act 1998) lays down clear criteria for the enforcement of its provisions.

For example, someone operating an unlicensed transport service will have their vehicle impounded – but only when they have previously been forbidden to operate, or otherwise been disqualified from holding a transport service licence. In other words, it's only on a repeat offence that impoundment will happen.

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

12. What does this involve?

It's now an offence to offer practical driving instruction for financial gain without a current driving instructor endorsement.

13. Why has this new power been introduced?

This provision has been inserted to ensure that only people who have completed the required training and who have been assessed as a fit and proper person to offer such instruction can charge for such a service.

Legal action can be taken against a person who provides practical driving instruction as a business activity without the required endorsement on their licence.

14. Does this mean that parents can't teach their own children how to drive on the roads unless they have a driving instructor endorsement?

No. Parents, family members or friends can teach anyone to drive providing they themselves currently hold, and have held, a full licence for at least two years.

The only prohibition is on making a profit or conducting practical driving instruction as a business activity without holding the necessary endorsement.

15. When does this come into effect?

This provision came into effect at the end of June 2005.

16. How will this be enforced?

Land Transport NZ and New Zealand Police will act on complaints received.

It's a specific offence to trespass on motorways

17. What has been done about people trespassing on motorways?

The amendment Act introduces a new, specific offence for people who refuse to leave a motorway when directed to by New Zealand Police. This provision includes a $250 fine, and came into effect in late June 2005.

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

18. What does this involve?

Photos from driver licences can now be provided to the next of kin in the event of death.

The person making the application has to prove their relationship to the deceased, and provide a death certificate.

19. Why has this been changed?

In some cases, the photo taken for a driver licence may be the only recent image of a deceased person that is available.

At present, Land Transport NZ is forbidden by law to make the photograph available to anyone and cannot meet a request by the family of the deceased.

20. Who should I contact to obtain a photograph?

Contact Land Transport NZ, the agency responsible for administering the driver licence register.

21. When does this come into effect?

16 January 2006.

Photographic driver licences to include the original date of issue

22. Why is the original date of issue being included on the driver licence?

It is useful to have the original date of issue on driver licences, particularly when New Zealand citizens need to prove their driving experience in countries overseas, for example when you are hiring a car.

23. When does this come into effect?

16 January 2006.

24. Will I have to change my licence even if it isn’t due for renewal?

No. Your licence will be updated when it next comes up for renewal.

 

a user of public transport services

Non-payment of passenger fares is an enforceable offence

25. What does this involve?

The amendment Act reintroduces a specific offence for bus and taxi passengers (and any other passengers of a land transport service that operates for profit) who do not pay their fare. This was part of transport law before 1989.

The penalty fee for an infringement is $150, with a maximum court imposed fine of $500.

26. Why has this changed?

The taxi industry has highlighted that the removal of a fare evasion offence in 1989 has increased the incidence of fare evasion.

The introduction of this provision penalises people who receive a passenger service and leave without paying or refuse to pay the driver.

27. Who will enforce this?

The New Zealand Police will enforce this provision, as part of their normal duties.

28. When will this come into effect?

This will come into force on a date to be appointed by the Governor-General by Order in Council.

Certain serious criminal offenders will not be allowed to have passenger service endorsements

29. What does this involve?

The requirements for holding a Passenger (P) endorsement have been further tightened to increase passenger safety by making it illegal for certain serious criminal offenders to drive a passenger service vehicle.

30. What has been changed?

The amendment Act introduces a provision (section 29A) to automatically prohibit or disqualify a person from holding a P endorsement (which is required to be held by bus and taxi drivers) if they are ever convicted of certain specified criminal offences.

31. What are the specified offences?

The new section 29A(2) specifies serious offences to mean:

  1. murder; or
  2. a sexual crime under Part VII of the Crimes Act 1961 punishable by 7 or more years' imprisonment; and includes a crime under section 144A or section 144C of that Act; or
  3. an offence against any of the following sections of the Crimes Act 1961:
    1. section 173 (attempt to murder)
    2. section 174 (counselling or attempting to procure a murder)
    3. section 175 (conspiracy to murder)
    4. section 176 (accessory after the fact to murder)
    5. section 188 (wounding with intent)
    6. section 189(1) (causing grievous bodily harm by injury)
    7. section 191 (aggravated wounding or injury)
    8. section 198 (discharging firearm or doing dangerous act with intent)
    9. section 199 (acid throwing)
    10. section 200(1) (causing grievous bodily harm by poison)
    11. section 201 (infecting with disease)
    12. section 208 (abduction of a woman or girl)
    13. section 209 (kidnapping)
    14. section 210 (abduction of child under 16)
    15. section 234 (robbery)
    16. section 235 (aggravated robbery)
    17. section 236 (assault with intent to rob)
  4. an offence committed outside New Zealand that, if committed in New Zealand, would constitute an offence specified in paragraphs (a) to (c).

32. Will this be applied retrospectively to disqualify drivers and how many drivers will this affect?

Yes, this provision will apply to existing holders of P endorsements.

Land Transport NZ estimates it will need to check the backgrounds of 600 existing holders of a P endorsement. Until the background checks are completed, we cannot say how many drivers will have their endorsements expire as a result of this new criteria.

33. Can this decision be reviewed or appealed?

Some identified current drivers may have a right to have this decision reviewed. The amendment Act (Section 29B) allows a person who:

  • does not have a conviction for murder or serious sexual offences; and
  • has no conviction for a specified serious offence in the last 10 years; and
  • has had no convictions for an offence that is punishable by a term of imprisonment in the last 10 years

to apply to the Director of Land Transport for a review of the decision. The Director must consider public interest and can reinstate the applicant if satisfied on those grounds.

If the applicant's application for the decision to be reviewed is unsuccessful, a final right of appeal is available through the High Court.

34. How will it be managed?

Currently all new applicants for a P endorsement have to undergo a 'fit and proper person' check, as part of their application. The new criteria laid out by the Act will be included in this checking process.

Land Transport NZ staff will also screen existing P endorsement holders.

If this screening shows that they have been convicted of a specified serious criminal offence in New Zealand or overseas in the past 10 years their P endorsement licence will automatically expire.

They can, however, apply for other transport licences that do not involve the carriage of passengers.

35. What was the previous system of checking if a person is 'fit and proper' to hold a passenger services licence?

In determining whether an applicant is a fit and proper person to hold a P endorsement, Land Transport NZ currently assesses the person's offence history on a case-by-case basis in consultation with New Zealand Police and Ministry of Justice and takes into consideration several factors. These include the nature of the offence, when the conviction took place, and whether there has been subsequent serious offending.

No one could be automatically banned from applying for or holding a P endorsement indefinitely on the basis of having been convicted of a particular offence.

36. How will you check if someone has committed a crime overseas when you process their P endorsement application?

Land Transport NZ already makes background checks on people from overseas who apply for a P endorsement. Land Transport NZ will continue to do this in consultation with other government agencies.

37. When does this change come into effect?

16 January 2006.

Taxi drivers required to know their extended area and communicate in English

38. What does this involve?

The amendment Act allows for the development of a new land transport rule (Operator Licensing Rule) that includes the requirement for taxi drivers in key metropolitan centres (ie Auckland, Hamilton, Wellington, Christchurch and Dunedin) to hold area knowledge certificates for the entire metropolitan area they operate in.

At present, taxi drivers are required to hold a certificate only for the area in which their approved taxi organisation operates. For example, this may mean North Shore City only in Auckland, or Lower Hutt City in Wellington – not the whole metropolitan area. Additional requirements for approved taxi organisations will be included in the Operator Licensing Rule.

39. Why make the change?

The change is being made in response to feedback from the taxi industry and taxi customers who have called for taxi driver standards, in terms of local area knowledge, to be improved. It also reflects that the public have higher expectations of taxi drivers who operate in metropolitan areas.

40. Who will be accountable for ensuring drivers meet this new requirement?

Approved taxi organisations are already held accountable for the standards of their drivers. Their legal obligations will be further strengthened in respect to their drivers' area knowledge (particularly in metropolitan areas), fatigue management, and the way they manage complaint resolution.

Details will be included in the new Operator Licensing Rule. Land Transport NZ will conduct audits to ensure compliance.

41. What will be done if a taxi driver does not have good local area knowledge?

The Director of Land Transport currently has the power to order a taxi driver to re-sit an area knowledge test. The amendment Act provides the Director with a new power to revoke the area knowledge certificate of someone who does not have an adequate knowledge of his or her operating area. This new provision will be included in the new Operator Licensing Rule.

42. So, if there's a complaint that a taxi driver got lost, will he/she have to re-sit the area knowledge test? And if they failed, would their P (passenger) endorsement be revoked?

Currently, all taxis are required to carry a sign identifying who passengers should contact if they have a complaint. If this sign is not visible, passengers should contact their local Land Transport NZ office.

There is an established process under which Land Transport NZ investigates complaints and addresses problems, where necessary on a case-by-case basis, before a person's licence to drive a taxi is revoked.

43. What will be done if a taxi driver is not able to communicate clearly in English?

Once the rule is finalised, the Director of Land Transport will have an extended ability to require a driver to undergo an English language test if they are found to have difficulty communicating effectively in English. Failure of this test could lead to a person's licence to drive a taxi being revoked.

44. How do you measure a person's English language ability – what level will be expected of taxi drivers?

Taxi drivers will be expected to be able to receive and understand directions given by passengers, and also to be able to communicate with their passenger in terms of taking the fare etc.

At present, the area knowledge test includes oral and written questions in English, so it covers most of the necessary language skills. Approved taxi organisations will also have a responsibility for ensuring that their members have and maintain these skills.

45. Who has the responsibility for maintaining driver standards?

Approved taxi organisations will continue to be accountable for driver standards and may need to conduct regular refresher courses for their members/drivers. Compliance audits will continue to be conducted by Land Transport NZ.

46. Will the changes cost the taxi industry? If so, how much, and could these costs be passed onto customers?

Taxi organisations that already have systems in place to monitor their driver standards will incur no new costs. Other organisations may incur some additional costs to set up the required system and to upskill drivers.

The decisions on recovering any associated costs would need to be considered by the individual taxi organisations and the drivers involved.

47. When will these changes occur?

These changes will come into effect once the Operator Licensing Rule is finalised. This rule is being developed and is expected to be made available for public consultation early in 2006.

Until the rule is finalised, the status quo remains.

Taxis required to have identification in Braille

48. What does this involve?

The amendment Act states that taxis will be required to display identification information in Braille. This includes providing the name of the taxi company, its telephone contact number and the cab's unique vehicle number in Braille inside the taxi. Taxis are already required to provide this information for those without visual impairment.

This should provide better information and hence better security for visually impaired passengers.

49. When will this come into effect?

This will come into effect once the Operator Licensing Rule that sets out the details of this provision has been finalised. This rule is currently being developed, and is expected to be made available for public consultation (as a 'yellow draft') shortly. The rule will identify how this information will be presented.

Until it is finalised, the status quo remains.

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

50. What does this involve?

The amendment Act states that when approving new taxi companies, the Director of Land Transport must be satisfied that the signage of the proposed taxi organisation is sufficiently distinguishable from the signage of any other approved taxi organisation operating in the same area.

51. When will this come into effect?

This will come into effect once the Operator Licensing Rule has been finalised.

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

52. What does this involve?

Under the amendment Act, Dial-a-Driver type services are included in the definition of a 'passenger service'.

53. What is the purpose of this change?

Dial-a-Driver type services are similar to other passenger services being provided for hire or reward. The public have a right to expect that they are operated by 'fit and proper' persons, and that they will be safe using them.

Currently, only drivers of Dial-a-Driver type services are required to hold a passenger (P) endorsement. The actual service itself was not required to be licensed.

The amendment Act allows for the development of a rule to change this situation so that operators of Dial-a-Driver type services are required to hold a 'passenger service' licence.

54. Are courtesy vehicles a 'passenger service'?

Many pubs, clubs, hotels and motels provide transport for patrons going to and from the venue. The service is not a 'passenger service' unless a fare is required of the passengers or paid on their behalf. The amendment Act clarifies this situation, and the Operator Licensing Rule will further clarify what 'passenger services' will be exempt.

55. When does this come into effect?

This comes into effect when the Operator Licensing Rule is signed. Until then, the status quo remains.

Dial-a-Driver type services to provide identification

56. What does this involve?

As part of the Operator Licensing Rule, it is proposed that Dial-A-Driver type services be required to hold a current photographic identification card. Drivers must wear this ID card while on duty.

57. Why has this change been made?

Dial-A-Driver type services are similar to other passenger services and the public have a right to know that the driver is properly licensed to drive in the service.

58. When does this change come into effect?

The change comes into force when the Operator Licensing Rule is signed.

 

An importer or user of a low-powered vehicle or mobility device

Some vehicles less than 600 watts may not be considered a 'motor vehicle'

59. What does this involve?

The amendment Act sets out special requirements for vehicles with a power output of less than 600 watts. In particular, the amendment allows the Director of Land Transport to declare that certain vehicles or types of vehicle under 600 watts are not motor vehicles.

  • If the power output of a vehicle or type of vehicle is 300 watts or less, the Director may declare it is not a ‘motor vehicle’. This means that motorised vehicles with a maximum power output of 300 watts or less (such as an electric scooter) can be exempted from registration, and their drivers would not have to be licensed.
  • If the power output of a vehicle or type of vehicle is between 300 and 600 watts, the Director may declare it is not a ‘motor vehicle’, but may also set conditions on how to use the vehicle, such as the need to wear a helmet.

While the effect of these declarations will be to remove the vehicles (and their riders or owners) from certain legal obligations – including registration and licensing – it will not remove the general obligation to operate any vehicle in a safe and reasonable manner.

The Director must notify the public of his decisions in the New Zealand Gazette.

Once a class of vehicles has been 'notified' in the New Zealand Gazette, they will be no longer considered 'motor vehicles' in law and people will be able to use them legally without some of the licensing requirements associated with driving a 'motor vehicle'.

60. What is the purpose of this change?

Any vehicle powered by a motor, no matter how small, is considered a 'motor vehicle'. This means that bicycles with a small electric motor and novelty devices (such as motorised skateboards) are defined as 'motor vehicles'.

Legally, a driver of a 'motor vehicle' must be licensed, and the motor vehicle must be registered and display a registration plate. An annual licence fee and ACC levy are also payable.

The proposed change will allow the Director of Land Transport to declare certain appropriate low-powered vehicles not to be ‘motor vehicles’. These will then be able to be used without the need to comply with registration and licensing requirements.

61. When does this come into effect?

The change in law allowing the Director to issue Gazette notices for specific vehicles or types of vehicle is already in place but, until public notices for such vehicles are prepared and advertised in the Gazette, the status quo remains.

62. So, if I go to buy a low-powered vehicle, how will I know what its legal status is?

Land Transport NZ will issue a summary on its website of any declarations made by the Director in the NZ Gazette.

63. Who will enforce this?

New Zealand Police will continue to enforce vehicle licensing and user requirements.

64. What about Segways?

Segways have two motors with a total power of about 3,000 watts.

65. Why is no special provision being made for Segways?

Although Segways have a low top speed, mopeds and many other vehicles with a power output similar to or less than Segways can potentially travel very fast and could be dangerous to the operator as well as to pedestrians. Provision cannot be made for Segways, therefore, without also affecting other motor vehicles of a lesser power, such as mopeds.

'Invalid carriage' and 'disabled persons vehicle' replaced with 'mobility device'

66. What does this mean?

The amendment Act replaces the terms 'invalid carriage' and 'disabled persons vehicle' with the term 'mobility device'.

In law, a mobility device is a vehicle that is designed and constructed (not just adapted) for use by people who need mobility assistance because of a physiological or neurological impairment. It must also be a) powered solely by a motor with a maximum power output not exceeding 1500 watts, or b) have been declared by the Director of Land Transport, by notice in the Gazette, to have a maximum power output not exceeding 1500 watts.

67. Why change the name?

This name change is intended to clarify any uncertainty and provides a simpler definition of which vehicles are in this category.

The status of mobility devices, which are increasingly popular, was unclear under previous transport law. The legislation recognised 'invalid carriage' and 'disabled person's vehicle' and stated they were not motor vehicles.

The term 'mobility device' is widely accepted here and overseas.

68. Do I have to do anything differently as a result of this name change?

No. This is a piece of legislative 'housekeeping' and is unlikely to have an impact on the use of such devices.

69. Why set a ceiling on the power output of a 'mobility device'?

'Mobility device' is intentionally a wider definition than 'invalid carriage' and 'disabled person's vehicle'.

The ceiling of 1,500 watts was chosen to recognise the typical power of mobility devices - the majority of which are rated at less than 1,300 watts.

70. What about a mobility device rated at more than 1,500 watts?

Most mobility devices have a power output of less than 1,300 watts. However, a few mobility devices have power outputs of more than 1,500 watts, and the Director of Land Transport can issue declarations for certain of these.

71. When do these changes come into effect?

They came into effect at the end of June 2005. 

72. Where can I get more information about mobility devices?

A fact sheet about disability and driving (/factsheets/31-mobility.html) and the Land Transport (Road User) Rule 2004 (/rules/docs/road-user-rule-2004.pdf) outline the requirements for mobility devices. Both documents are available from the Land Transport NZ website. A booklet on how to use your mobility device safely – Keeping Mobile – is also available, at /road-user-safety/keeping-mobile.html.

'Child's toy' no longer included in ‘vehicle’ definitions

73. What does this mean?

The Land Transport Act 1998 and the Transport (Vehicle and Driver Registration and Licensing) Act 1986 stated that a number of non-motorised devices – including a shopping trolley, a wheelbarrow, a child's toy and a pedestrian-controlled lawnmower – were not 'vehicles'.

The new legislation has removed 'child's toy' from this list.

74. Why has this changed?

The law was not clear about when a non-motorised device stopped being a child’s toy and became a wheeled vehicle for adult use. This uncertainty provided a loophole for some adults to commit a traffic offence while riding a scooter or other novelty device.

These devices are now covered in legislation by the ‘wheeled recreation device’ definition.

75. Will children now be charged for committing traffic offences?

No. Under the Children, Young Persons, and Their Families Act 1989 no child (person under the age of 14) may be charged with a traffic offence.

76. Why not simply state that a scooter is a 'vehicle'?

New types of novelty transport devices which could be seen as 'child's toys' are being invented all the time. It would not be practical to amend transport statutes every time a new device appears on the market.

77. When does this come into effect?

This came into effect at the end of June 2005.

 

a motorist?

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

78. What does this involve?

Driver licences can be immediately and automatically suspended for 28 days if drivers are caught exceeding the permanent speed limit by 40km/hr (currently the threshold is 50km/hr) or have a blood alcohol level above 130mg/100ml (currently the threshold is 160mg/100ml).

79. What are the speed and blood alcohol limits?

The new legislation has made no change to the legal speed or blood alcohol limits. It does however impose more severe penalties for people who are well over the speed or alcohol limits.

A speed limit is the maximum legal speed you can travel on a road under good conditions. These permanent and temporary speed limits are identified by signs on the side of the road.

The maximum legal speed you can travel at on the open road is 100 km/h, but motorists are required to reduce their speed in a variety of situations, such as passing a bus or an accident scene. For example, you are required to slow down to 20 km/h or less until you are well past a school bus that has stopped to let children on or off, no matter what direction you are coming from.

You must not drive if you have more than 80 milligrams of alcohol per 100 millilitres of blood, or more than 400 micrograms of alcohol per litre of breath.

If you are under 20 years of age, you must not drive if you have more than 30 milligrams of alcohol per 100 millilitres of blood, or more than 150 micrograms of alcohol per litre of breath.

80. When does this come into effect?

16 January 2006.

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

81. What does this involve?

This is a graduated regime – 'three strikes and you're out' - for drink-drivers who are caught with a blood alcohol content over 80mg/100ml three times within four years.

1st offence – current court-imposed penalties for first drink-driving offence

2nd offence – immediate licence suspension for 28 days at the roadside for drink-drivers with a blood alcohol content of over 80mg/100ml who have had one previous drink-driving conviction in the past four years (in addition to court penalties)

3rd offence – immediate and automatic vehicle impoundment for 28 days and extended disqualification of licence, for 'more than one year' (which will incur a requirement to re-sit and pass the practical driving test or take an approved course to address their alcohol consumption issues) for drink-drivers caught with a blood alcohol content of over 80mg/100ml who have had two previous drink-driving convictions in the past four years (in addition to court penalties). They may face up to two years of imprisonment and a $6,000 fine.

82. How is this different from what happens now?

1st offence – no change

2nd offence – the immediate suspension at the roadside is currently only linked to alcohol level – not previous offending so this is a new provision. The option of taking an approved course to address their alcohol consumption issues is also new.

3rd offence – automatic impoundment is new but other penalties remain the same.

83. Why is the blood alcohol limit for repeat offenders lower than that for other drivers?

In a separate provision, the new legislation also lowers the alcohol content threshold at which any driver licence can be automatically suspended for 28 days at the roadside by New Zealand Police.

This means that any driver will automatically have their driver licence suspended for 28 days if they are caught with 650 micrograms of alcohol per litre of breath (currently the threshold is 800 micrograms of alcohol per litre of breath), or have 130mg/100ml of alcohol in their blood (currently the threshold is 160mg/100ml).

The threshold for repeat drink-driving offenders however has been lowered even further so that this small number of hard core repeat drink drivers can be taken off our roads and their alcohol consumption issues addressed before they cause serious harm to other road users.

84. When will this come into effect?

16 January 2006.

New Zealand Police can serve Notice of Licence Suspension at the roadside

85. What does this involve?

The new legislation clarifies that New Zealand Police can, at the roadside, suspend the licences of people with more than 100 demerits points. This can only happen, however, when the normal process of serving a suspension notice has not been successful and when the person has been stopped for some other traffic-related reason.

86. When will this come into effect?

16 January 2006.

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

87. What does this involve?

The words 'on road' have been removed from the amendment Act. This returns the legislation to pre-1989 days in which there was no difference between driving offences committed on or off a road.

This means that drivers are required to not be reckless, dangerous or careless, whether they are driving on a road or off road. Drivers cannot be currently prosecuted for driving offences if they hurt or kill someone off road.

Clause 20 amends sections 7 and 8 of Land Transport Act 1998.

88. Why is this being introduced?

This provision is needed to allow individuals to be charged with driving offences where people are killed or injured in off road driving situations (a driveway for example) where the driver has been dangerous, reckless or careless.

89. Will people who have an off road accident automatically be charged?

No. New Zealand Police will assess any off road driving incident where an injury or death occurs and decide on a case-by-case basis whether charges should be laid.

90. Does this mean I will now get prosecuted for any off road four wheel rally driving I do?

The new legislation is not targeted to affect car club or rally activities. New Zealand Police gain no extra powers to regulate your driving or your vehicle off road where injury or death has not occurred.

91. When does this come into effect?

This came into effect at the end of June 2005. 

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

92. What does this involve?

Currently, impounded vehicles are stored for 28 days. If the car is unclaimed, the storage provider can, after a further 28 days, apply to have the vehicle disposed of to recover costs. Under the new legislation, after the 28-day impoundment, the storage provider can seek approval to sell or dispose of the vehicle after only a further 10 days.

93. What happens to the vehicle if it is not collected after the 10-day period?

The storage provider would be able to seek approval from New Zealand Police to sell the vehicle in order to recover their costs. This is what currently happens (after a 28-day period). The only change will be that storage providers will not have to keep unclaimed vehicles for as long before they can start the process of selling or disposing of the vehicle.

94. Who will enforce this?

The New Zealand Police already enforce the impounded vehicle process and will continue to do so.

95. Will this apply to vehicles already impounded at the time this new law comes into effect?

No, the legislation will apply only to vehicles impounded on or after 16 January 2006, which is when this provision comes into effect.

Superseded driver licences must also now be returned

96. What does this involve?

Holders of any superseded drivers licences (such as a licence that you have updated or upgraded) must return them to the Director of Land Transport.

Currently only holders of revoked or suspended licences are required to do this.

97. Why has this been changed?

To minimise any potential misuse of a driver licence by another person; for example some young people have been found using an older sibling's restricted licence as a form of identification once that sibling has progressed to holding a full licence.

98. How do you know if your licence has been superseded?

You have to actually apply for a new licence in order to generate a superseded one. This occurs when you apply to Land Transport NZ or its agents to:

  • convert your learner licence to a restricted licence
  • convert your restricted licence to a full licence
  • convert your licence to add an extra class, eg to add a motorcycle (class 6) to a car (class 1)
  • replace your licence when it has been lost or stolen, and then you find it later.

If you have two versions of the same licence, call the Land Transport contact centre on 0800 822 422 and they will let you know which one is the superseded licence that should be returned.

99. How do I return my superseded licence?

You can return you licence to Land Transport NZ by handing it in at or mailing it to:

  • any Land Transport NZ regional office
  • any land transport licensing agent
  • any New Zealand Police station.

Check your local White Pages for contact details.

100. When do you have to return the superseded licence?

You are required to return the superseded licence to an agent of the Director (such as a testing officer) on demand. Land Transport NZ will follow up any situation where this does not occur at the time.

101. Are there any penalties for not returning the superseded licence?

Section 31 of the amendment Act provides for a $1,000 fine if a superseded driver licence is not returned to the Director or an authorised agent.

102. When does this come into effect?

This came into effect at the end of June 2005. 

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

Refer to section under 'a member of the public?'

Clarification of a driver's responsibilities

103. What does this involve?

The new law clarifies that the driver of a vehicle must stop and remain stopped at the request of an enforcement officer.

It also clarifies that a person commits an offence if they fail to report an accident in which they are involved that results in the injury or death of a person.

It also clarifies that it is an offence for drivers involved in an accident to not exchange licence and insurance details.

104. When does this come into effect?

These provisions came into effect at the end of June 2005.

Increased penalties for drivers of noisy vehicles

105. What changes have been made to address the issue of noisy vehicles?

The amendment Act strengthens the ability of the New Zealand Police to prosecute drivers of excessively noisy vehicles.

In addition to increasing the infringement fine from $150 to $250, there will also be 10 demerit points registered against the driver's name and licence.

These provisions come into effect on 16 January 2006.

 

a disqualified driver or holder of a revoked licence?

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

106. What does this involve?

A regime has operated for the last 20 years in which repeat drink-drivers who are convicted of certain qualifying offences are disqualified indefinitely by the courts and ordered to attend an approved alcohol/drug assessment centre for an assessment. Removal of the indefinite disqualification is at the discretion of the Director of Land Transport, and only then on the basis of a satisfactory report from the assessment centre.

Once the indefinite disqualification has been removed, the offenders must resit and pass their driver licence tests in order to requalify for their driver licence. If the person does not attend the assessment centre, or in any other respect fails to satisfy the Director that they are fit to hold a driver licence, they remain disqualified - permanently if necessary.

107. How is this different from what happens now?

The qualifying offences for this sanction have been extended. This means that a wider pool of offenders will be given this sentence. The existing criteria involve convictions for two alcohol or drug-related driving offences within five years in which at least one of the offences involves a very high blood or breath alcohol level or a 'disobedience' offence (which relates to refusing to comply with the alcohol testing procedure).

In addition to these criteria, those offenders who obtain convictions for three or more alcohol/drug related driving offences within five years regardless of the breath or blood alcohol levels will also qualify for this sanction.

Under the existing law, offenders had to remain disqualified for at least two years before they could apply to the Director to have their indefinite disqualification removed. This period has been reduced from two years to one year and one day. This is to provide an incentive for offenders to attend the centre early in their disqualification period to have their alcohol/drug misuse issues assessed and treated.

108. Doesn't this mean that disqualified drivers will be back on the roads earlier, making it unsafe for the public?

No. These offenders still have to attend an approved alcohol and drug assessment centre and satisfy the Director of Land Transport, via the assessment report and any other information available to the Director, that they are fit to hold a driver licence.

The amendment Act also clarifies that disqualified drivers still have to sit the theory and practical driver tests to regain the licence classes they previously held before they can drive again.

If they do not attend the centre, or do not get a satisfactory report from the centre, the Director will not remove the disqualification and they will remain disqualified - permanently, if necessary.

109. When will this come into effect?

16 January 2006.

Community-based sentence another sentencing option for disqualified licence holders

110. What does this involve?

The eligibility criteria in section 94 of the original Act has been amended to enable the courts, under certain circumstances, to more readily substitute a community-based sentence instead of further periods of disqualification.

111. Why has this been changed?

Currently, a person convicted of driving while disqualified is not eligible for substitution of a community-based sentence. This amendment is designed to help address the problem of 'treadmill' disqualified drivers. These are drivers who are caught in a cycle of driving while disqualified, building up longer and longer periods of disqualification. A court sentence of yet longer periods of disqualification may have little effect and imprisonment or other more severe penalties may not be appropriate. The courts have sought an option to encourage these individuals to change behaviour – and not simply repeat the problem.

The new legislation is aimed at removing some of these people from the 'treadmill' of disqualified driving. In simple terms, the incentive is the 'light at the end of the tunnel'. It has been shown that if a repeat offender can see an end to their disqualification they are more likely to change their behaviour.

112. Does this mean that potentially unsafe drivers could be back on the road before their disqualification period has expired?

The change is designed to provide more effective sentencing options for repeat disqualified drivers of minor offences – it is not designed to apply to anyone who may put the safety of others at risk. Having a broader range of effective sentencing options is a positive step towards addressing the problem of repeat disqualified driving offenders.

In addition, the decision to sentence a driver to courses and programmes, rather than have their licence revoked, will be assessed by the courts on a case-by-case basis.

113. How can I find out if I am eligible for this?

Only the courts can make that decision.

114. When will this come into effect?

16 January 2006.

Some disqualified drivers can apply to have their sentence reduced

115. What does this involve?

The law has been changed to enable disqualified drivers, who meet strict criteria, to apply to the court for a reduction in their period of disqualification.

This extensive set of criteria must be met to show that they are safe to drive. It is likely that a reduction in their disqualification will include directed attendance at approved courses and programmes.

116. Doesn't this reward disqualified drivers with a reduction in their sentence?

This amendment recognises that people can often change their ways as they get older and acquire new responsibilities.

For example, a person who was disqualified for a driving offence as a teenager may not have committed any further serious driving offences, such as drink-driving or excess speed, but has accumulated further disqualifications from driving while disqualified. Now aged in their mid to late twenties, they are more mature and may have family responsibilities that require them to drive. But they are still locked in a cycle of driving while disqualified.

It may be more productive to give the court the ability to reconsider the disqualifications that are still outstanding and make some reduction to these if the offender demonstrates responsible behaviour.

However, if the person commits another serious offence the court can reinstate the balance of any disqualifications it had previously removed.

117. How can I find out if I am eligible for this?

Only the courts can make that decision.

118. When will this come into effect?

16 January 2006.

Temporary licences can be issued in some circumstances

119. What does this involve?

The Director of Land Transport is now able to issue a temporary licence to a person whose licence has expired or been revoked.

This allows someone who cannot drive legally to be able to do so under certain conditions. It does not apply to people disqualified for driving offences.

120. Why has this been changed?

Currently, temporary licences can only be issued if an applicant is awaiting the issue of a licence after having met all the requirements for the issue of that licence. This creates difficulties in some situations.

The amendment Act means that, for example, if a driver licence has been revoked on medical grounds but the person recovers and is able to return to driving, the Director could issue a temporary licence to allow the person to drive for assessment purposes. Previously, this had not been possible.

121. When will this come into effect?

16 January 2006.

a commercial driver or operator?

see also under 'a motorist?'.

Licensing for transport service operators clarified

122. Who has to hold a transport service licence?

The amendment Act clarifies the intention of current law: all transport service operators must hold the appropriate licence, but employees (ie those directly employed by transport service operators to assist in that service) do not have to hold a separate transport service licence of their own.

A contractor, by comparison, has to hold their own transport service licence.

123. When does this come into effect?

This comes into effect when the Operator Licensing Rule comes into effect. Until then, the status quo remains.

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

124. What does this involve?

The amendment Act allows for the development of rules to simplify the current work time, log books and offences systems for commercial drivers. This change is designed to ensure driver fatigue is managed through a simplified regime and sensible hours of work.

The amendment Act also clarifies that paid breaks are not considered 'work time' and further strengthens the hours a driver can work by putting the core work-time requirements in law rather than just in a rule.

The detail of what these changes will involve and how they will be implemented were outlined in the Yellow Draft of the Work Time and Logbooks Rule which was released for public consultation in August 2005.

Until the rules are finalised and signed, nothing changes with regard to work time, log books or offences. The status quo remains.

125. Has the definition of driving hours changed?

Yes. The new law allows for the amalgamation of the current definitions of on-duty and drive time into one term: 'work time'.

'Work time' includes all time spent performing work-related duties including, for example, driving, loading, unloading, maintenance and cleaning of vehicles, administration or recording and any paid employment whether related to transport activities or not.

This is part of a wider move to tidy up existing regulations and replace them with a clear set of requirements. It also makes it much simpler to calculate the hours worked and know whether a driver is 'over' the daily limit.

However, until the Work Time and Logbooks Rule is finalised and signed, the status quo remains.

126. Will driving hours still be regulated?

Yes. There will still be limits on the hours a driver can work.

The amendment Act sets out the limits to the hours that can be worked in any day and the total of hours allowed between days off. This is to reduce the risk of fatigue-related accidents. This part of the amendment Act will come into effect only once the Work Time and Logbooks Rule is finalised and signed.

The amendment Act stipulates that:

  • no driver may, in any cumulative work day (defined as being a 'period of work that begins after a continuous period of rest time of at least 10 hours'), exceed 13 hours of work time
  • no driver may, in any cumulative work period (defined as being 'a set of cumulative work days between continuous periods of rest time of at least 24 hours'), exceed 70 hours of work time.

The amendment Act does however provide an exemption from the work time requirements for drivers of ambulance services, fire brigades or rural fire parties who are proceeding to or returning from an incident attended to in response to a priority call. The details of this will be contained in the rule.

However, until the Work Time and Logbooks Rule is finalised and signed, the status quo remains.

127. Is anyone exempt from using logbooks?

Generally people who don't have to use log books currently will be exempted under details contained in the Work Time and Logbooks Rule.

However, any particular exemption previously granted under section 70B or section 70C of the Transport Act 1962 ceases to have effect six months after Work Time and Logbooks Rule is finalised and signed.

128. Will this generate more paperwork or other costs for the industry?

No. If anything it should reduce compliance costs once the Work Time and Logbooks Rule is finalised and signed.

Drivers using smaller/lighter goods service vehicles in local transport, or taking buses on city routes, will no longer have to complete logbooks. These drivers are more likely to have their hours monitored through rosters.

New logbook forms will be simpler for those drivers still required to complete them.

129. What new records do I have to keep in relation to work time and driving hours?

Transport service operators will be required to keep fuel and accommodation receipts in addition to the other information they are already required by law to hold in relation to work time and driving hours.

130. Who else will be held responsible for any breaches of work time requirements?

A new 'chain of responsibility' offence has been introduced. This applies to any person who requires, directs or allows a driver to breach a work time restriction.

However, it has to be proven that the person knew, or ought to have known, the offence was occurring or was reasonably likely to occur. If an operator commits a breach, a maximum fine of $25,000 will apply. This recognises the role that operators play in setting the requirements for drivers who breach the limits on work time.

However, until the Work Time and Logbooks Rule is finalised and signed, the status quo remains.

131. Have the penalties for drivers changed?

Yes. Under the previous legislation, a driver convicted of a logbook offence faced a possible loss of his or her licence for one month. This was a substantial penalty for a commercial driver.

Once the Work Time and Logbooks Rule is finalised and signed, logbook offences will normally be dealt with by a roadside infringement notice. If the driver has to attend a court hearing, the court has the option to impose a fine or a court-directed course. The court could also disqualify the driver for one month or more or impose a maximum fine of $2,000.

Work time convictions will continue to incur a fine. Previously courts were required to disqualify anyone who had a driving hours’ conviction. The amendment Act provides courts with the option to impose a disqualification to drivers who exceed their available hours by less than 60 minutes over a cumulative work day.

Mandatory disqualification still applies for breaches over the 60-minute mark in a cumulative work day, or more than two hours over several days. The amendment Act clearly distinguishes minor offences from any substantial breach of working hours. The previous law did not make this distinction clear.

However, until the Work Time and Logbooks Rule is finalised and signed, the status quo remains.

132. Have the penalties for operators changed?

Transport service operators who require drivers to breach hours, speed and commit other such offences, can receive a maximum penalty of $25,000, an increase from $10,000. Failure to produce the records required to be kept to monitor work time and driving hours has been increased to $100,000 from $10,000.

These penalties will come into effect once the Work Time and Logbooks Rules is finalised.

133. How will this be enforced?

In the same way as current requirements are enforced, with New Zealand Police being assisted by Land Transport NZ compliance staff.

134. When do I have to change the way in which I record driving hours?

Only when the Work Time and Logbooks Rule is finalised and signed. Until then, it is business as usual and nothing changes.

Chain of responsibility has been introduced

135. What does 'chain of responsibility' mean?

A number of individuals may contribute to the decision to breach requirements and therefore commit a range of offences against transport law. A 'chain of responsibility' provides that people other than the driver of a vehicle or the manager of a company may be also liable for prosecution.

This means that once the Operator Licensing Rule is finalised and signed, a person who directly or indirectly contributes to a transport service offence, such as encouraging a driver to over-load their truck or speed to make a deadline, will be held liable. They could be fined up to $25,000.

Please note that ‘extending’ liability does not in any way ‘transfer’ it. If speeding is the offence, the driver would still be charged, but the company that required him or her to speed could also be prosecuted.

136. Is this new to New Zealand?

This is a new concept for New Zealand land transport.

A number of countries have introduced such extensions to law recently. The Australian National Transport Commission has just issued model legislation along these lines for their States to add it to local transport laws.

137. What offences are included?

The amendment Act provides that people who contribute to a breach of work time (or the misuse of logbooks), speed limits or gross weight limits, or anyone who knowingly uses an unlicensed transport service, can be prosecuted and fined.

138. When do the work time provisions come into effect?

The chain of responsibility in relation to breaches of maximum gross weight limits came into force at the end of June 2005.

The other provisions come into effect when the Work Time and Operator Licensing rules are finalised. Until then, it is business as usual and nothing changes.

Responsibility for ensuring a load is secure is extended

139. Who is responsible for ensuring a load is secured on a transport service vehicle?

The amendment Act extends responsibility for load security from the driver to the person who loads the vehicle. It does not transfer liability from the driver; instead it adds the loader of the vehicle to the ‘list’ of people who could be prosecuted.

This means that if a load is found to be insecure, the person who loaded it is liable and could incur a fine of $600. This is a new offence and came into effect in late June 2005.

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

140. What does this involve?

If a person is caught operating a transport service when their transport service licence has been suspended or revoked, or when they have been disqualified from operating a transport service, New Zealand Police will be able to impound their vehicle for 28 days.

This provision also applies to unlicensed operators who are operating a service that should be licensed. Offenders will be forbidden to operate on first detection of an offence, and will face impoundment on a second or subsequent offence. Anyone whose vehicle has been impounded under this provision can appeal the impoundment.

141. When will this come into effect?

This will come into effect when the Operator Licensing Rule is finalised.

However, until the Operator Licensing Rule is finalised and signed, the status quo remains.

An operator rating system may be introduced

142. What is an operator rating system?

An operator rating system is a means of gathering information about transport service operators and their vehicles and assessing them, so those operators with a higher road safety risk can be identified.

The expected benefits of introducing an operator rating system are:

  • enforcement agencies will be able to target those operators likely to have the poorest safety performance and work with them to improve their standards
  • operators will be encouraged to improve their standards and their rating
  • the public will, at a later development stage, be able to make informed choices about who they do business with.

143. Why is the operator rating system not specified in the amendment Act?

The amendment Act provides for a rule to be written, but does not include the detail in the legislation. This is how transport law is usually arranged.

144. There has been talk about introducing an operator rating system for some time. Why has it taken so long to happen?

A full business case has had to be prepared to ensure that the proposal is viable and a sound investment. There is a considerable amount of background work to be done on the databases and processes that will enable the operator rating system.

It's also a scheme that could have a very considerable effect on some transport operators – the design of the scheme has to emphasise fair and transparent processes with ‘natural justice’ so that operators may have their rating reviewed before it is published. There is a real incentive to get it right first time.

Finally, the changes to the rule-making power in the Act have now enabled formal work on drafting a rule to proceed, and Land Transport NZ has resources allocated to design the IT systems required.

145. When are we likely to see proposals?

Funding for an operator rating system has been only recently approved. This will enable development of a database to manage rating information.

146. When will this come into effect?

An Operating Rating Rule is planned for public consultation in 2007.

It is estimated that the first step, creating early risk-targeting reports for enforcement purposes, could be available during the second year of implementation. Publication of safety ratings would occur later, after the Operator Rating Rule has been implemented.

It is an offence to apply for a transport service licence if you have been disqualified from holding that same licence

147. What does this involve?

It is an offence to apply for a transport service licence while disqualified from holding one transport service licence.

Maximum penalty is three months' imprisonment or a fine of $4,500 and courts must order the person to be disqualified from holding or obtaining a transport service licence for six months or more.

148. When will this come into effect?

Once the Operator Licensing Rule is finalised and signed. Until then, the status quo remains.

Vehicles with a gross laden weight of 6,000 kg or less no longer require a goods service licence

149. What does this involve?

The new legislation removes the existing requirement that operators of commercial vehicles under 6,000 kg gross laden weight have a goods service licence.

However, operators of such vehicles under 6,000 kg gross laden weight must continue to meet work time requirements.

150. What are the current requirements?

Currently, a goods service licence is required for the carriage of goods for hire or reward, regardless of the vehicle weight, or for carrying goods in a motor vehicle with a gross laden weight of 6,000 kg or more, regardless of whether hire or reward is involved.

Driving hours restrictions currently apply to all drivers of goods service vehicles and all drivers on class 2 to class 5 licences (for vehicles over 4,500 kg).

Logbooks are required of drivers of goods service vehicles over 3,500kg.

151. Why is this changing?

The current licensing requirements for all vehicles were reviewed in 2001 to more effectively target compliance and enforcement resources to risk, in particular that posed by operators of heavy motor vehicles. This law change is one of the outcomes of the review.

It was found that commercial vehicles under 6,000 kg gross laden weight were over regulated in relation to the safety risk they posed.

This change also reduces some compliance costs for commercial vehicles, often operating as small businesses, without compromising safety.

152. Who do I contact to find out if I no longer require a goods service licence?

You can contact the Land Transport contact centre on 0800 822 422.

153. When will this come into effect?

Once the Operator Licensing Rule is finalised and signed. Until then, the status quo remains.

Transport operator demerits points system removed

154. What will change?

The Act removes the demerit points system that currently applies to transport service operators and drivers.

Currently under the Transport Services Licensing Act 1989, demerit points against transport service operators or drivers are recorded under a separate system to the general driver demerit points system.

155. What’s the reason for removing the ‘operator demerits’ system?

It was considered that unsafe operators would be more effectively targeted under an operator rating system, so a recommendation was made to remove the operator demerit points system. This was subsequently approved by Parliament.

156. Does this mean that transport service drivers will not be subject to demerit points?

Transport service drivers are still subject to ‘general’ demerits against their driver licence for offences such as speeding. When certain provisions within the Act come into force in mid-2006, demerit points will also be issued against drivers' licences for minor logbook offences. Other demerit points that apply only to drivers operating a vehicle used under a Transport Service Licence will be considered under a separate review of administrative penalties currently being carried out by the Ministry of Transport.

157. When will the change come into effect?

The change will take effect when the sections of the Act related to transport operators are brought in by Order in Council (expected to be mid 2006).

 

a passenger service driver or operator?

Certain serious criminal offenders will not be allowed to have passenger service endorsements

Refer also to the section under 'a user of public transport services?', especially Question 28 that lists the certain serious offences.

158. Who do I call if I have committed a crime in the past and I'm not sure if it affects my P endorsement?

Land Transport NZ will advise every driver identified as affected by this new provision as we go through the vetting process. Included in any advice will be a summary of any right of review that may be available to an individual.

However, like all calls about licence eligibility, continue to contact your local Land Transport NZ office or call the Land Transport contact centre on 0800 822 422.

159. Will you tell me if I can keep/not keep my P endorsement?

Like all initial calls about licence eligibility, Land Transport NZ can only give you an indication about your application or continued use of your P endorsement, as these cases are all considered on a one-by-one basis.

160. I committed my crime over seven years ago – surely it no longer counts?

Although some minor offences can be discounted after seven years under the Criminal Records (Clean Slate) Act, the offences relevant to automatic expiry of a P endorsement are unlikely to be affected.

161. It's not me who committed the crime but I’ve lost my P endorsement – what should I do?

You should inform New Zealand Police that you believe you've been mistaken for another person so they can double check their records. If there has been a mistake, New Zealand Police will let Land Transport NZ know.

Taxi drivers required to know their area and communicate in English

Refer to the section under 'a user of public transport services?'

Non-payment of passenger fares is an enforceable offence

Refer to the section under 'a user of public transport services?'

Taxis required to have identification in Braille

Refer to the section under 'a user of public transport services?'

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

Refer to the section under 'a user of public transport services?'

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

Refer to the section under 'a user of public transport services?'

Transport provided by home care workers is not considered a 'passenger service'

162. Are home care workers who drive clients around required to have a passenger service endorsement?

The amendment Act clarifies that home care workers who provide incidental transport to clients, and where a fee or fare is not required of the client for the transport, are not required to have a passenger service licence or a passenger endorsement.

This provision came into effect at the end of June 2005.

 

a Dial-a-Driver driver or operator?

Dial-a-Driver type services considered ‘passenger services' and require appropriate licensing

Refer also to the section under 'a user of public transport services?'

163. What must I do?

Once the rule is signed, all Dial-A-Driver type service operators must hold a passenger service licence.

More information about passenger service licensing is available from the Land Transport NZ website: /commercial/passenger.html.

Dial-a-Driver type services to provide identification

Refer to the section under 'a user of public transport services?'

 

a hire car operator?

Car rental companies able to pass on fines

164. What does this involve?

Car rental companies will have the option of passing on fines to overseas-based customers by charging any traffic infringement fees to their customer's credit card.

The existing prescriptive rental agreement will also be replaced by more flexible requirements in the Operator Licensing Rule, currently in development.

165. Why is this being changed?

The amendment Act allows companies more options for setting out contract forms and conditions.

In 2004 around 14,000 speed camera tickets were waived because the vehicle involved was a rental vehicle and the driver had given an overseas address. In addition, tourist centres such as Queenstown and Rotorua report difficulties enforcing parking restrictions against tourists. By increasing the likelihood that visitors will pay their fines, we can send a message that New Zealand takes compliance with traffic law seriously.

166. What fines can be passed on?

Infringement fees resulting from 'owner liability offences' (speed camera and parking infringements) committed during the period of the hire.

167. Doesn't this happen already?

Some rental car companies include clauses in their rental contracts indicating that infringement fees will be charged to the customer. This is a grey area under current law. The new law will provide clarification.

168. What safeguards are in place to prevent unscrupulous businesses charging non-existent traffic infringements to customers' credit cards?

There will be a number of safeguards put in place to protect customers.

For example, the rental contract will have to contain a clear statement warning customers that infringement fees will be charged to their credit cards. Copies of any infringement notice will need to be provided to the customer to prove that the offence was committed during the period of their hire.

The person who has been charged may dispute the charge with their issuing bank, and seek that appropriate protocols have been followed. As is the case with other credit card transactions, the charge will be reversed if satisfactory evidence cannot be provided that the charge was correctly applied.

In addition, the person may exercise the existing right to take the matter up with New Zealand Police.

These safeguards will be finalised during the development of the Operator Licensing Rule.

169. Isn't this a lot of unnecessary paperwork for the rental car firms?

Rental car firms will not be obliged to take part in this process – it is optional. They may, if they wish, continue with existing arrangements.

Under existing arrangements rental car firms, if they do not wish to pay the ticket, must complete a statutory declaration to New Zealand Police advising the name and address of the person who hired the vehicle. This is sent to New Zealand Police Infringement Bureau who amend their records to reflect the nominated driver's details. A new infringement notice is then sent to this person.

170. Will rental car companies be able to charge a processing fee for handling infringement notices?

This is a commercial matter between the business and its customers.

Any fees which are deemed excessive may be investigated by regulatory authorities.

171. What if the customer pays cash for the rental car hire?

This is not a common occurrence. Only a few rental customers pay for their car hire in cash.

In such cases the company generally demands a large deposit to cover any repairs and incidental costs such as petrol. In these cases, the company has the option to either take the cost of the infringement fee out of the deposit (if stipulated in the contract) or refer the ticket back to New Zealand Police, as they can do at the moment.

172. When will this come into effect?

This will come into effect following finalisation of the Operator Licensing Rule.

 

a vehicle towing and storage operator?

Distance now a factor in setting towing fees

173. When will 'distance' be factored into towing fees?

The Director of Land Transport has been given the authority to consider the distance the tow is operated over in setting towage fees.

This came into effect in late June 2005. While the power to do this exists, the relevant fee schedule does not yet contain a distance component.

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

Refer to the section under 'a motorist?'.

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

Refer to the section under 'a commercial driver or operator?'

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

Refer to the section under 'a motorist?'

 

a vehicle driving instructor or testing officer?

Driving instructor and testing officer licences can be immediately suspended

174. What does this involve?

The new law allows the Director of Land Transport to immediately suspend holders of a driving instructor (I) or testing officer (O) endorsement.

175. Why has this new power been introduced?

If a driving instructor or testing officer is deemed unsafe, either as a driver or in their professional capacity, this change will help to ensure they are no longer providing those services and/or are putting other road users at risk.

176. How is this assessed?

Suspension will only be applied where there have been formal complaints against the individual, or where they have been charged with a serious traffic or criminal offence.

The Director would, when appropriate, consult New Zealand Police about the situation. Past concerns include instructors who have behaved inappropriately towards students.

177. When will this come into effect?

When the Operator Licensing Rule is finished and signed. Until then, the status quo remains.

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

Refer to section under 'a member of the public?'

 

a traction engine driver or operator?

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

178. What does this involve?

The amendment Act now requires drivers or operators of a traction engines used on a road or in a public place to hold appropriate qualifications, to operate the machine safely, and to ensure it is properly checked and serviced.

179. What qualifications must I have and what requirements must my traction engine meet?

The detail will be in a new regulation that will come into effect in 2006. This will specify that anyone operating the vehicle (steerer or driver) must hold a driver licence, and that one of the persons operating it must hold an appropriate steam ticket. Land Transport NZ will also specify inspection requirements in this regulation.

180. Why was this change made?

The change was made to improve safety for traction engine drivers and operators and to ensure better protection for the public against the risk of explosion.

There are less than 100 operating traction engines in New Zealand, but they are regularly used for displays and field days which the public attend.

181. When does this change come into effect?

When the new regulation comes into force in 2006.

 

a drug and alcohol assessment centre operator?

Mandatory disqualification period reduced if driver's alcohol abuse is treated

Refer to section under 'a disqualified driver or holder of a revoked licence?'

Some disqualified drivers can apply to have their sentence reduced

Refer to section under 'a disqualified driver or holder of a revoked licence?'

 

an emergency medical practitioner?

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

182. What does this involve?

The Land Transport Act has been amended to clarify that a doctor can refuse to take a sample of blood, at an enforcement officer's request, if it would be prejudicial to the proper care and treatment of the patient.

183. Why has this changed?

Currently, a doctor is guilty of an offence if he/she refuses to take a person's blood sample for New Zealand Police use.

The intention is to apply common sense to a situation where a patient may be undergoing urgent treatment and it may be prejudicial to the proper care and treatment of the patient to take a blood sample.

184. When does this come into effect?

This came into effect in late June 2005.

 

For more information …

185. Where can I get more information about the amendment Act and its implementation?

Please go to:

  1. Ministry of Transport website: www.transport.govt.nz for information about the amendment Act, or further questions and answers: http://www.transport.govt.nz/business/land/land-transport/lta-2005/qa.php. If you require further detail about the legislation, please contact:
  2. Nick Aldous at the Ministry of Transport on 04 498 2239 or n.aldous@transport.govt.nz.

Land Transport NZ website: www.landtransport.govt.nz for information about rules and the implementation process for which Land Transport NZ is responsible. If you have any questions about the implementation process for which Land Transport NZ is responsible, please contact the Land Transport contact centre on 0800 822 422.

Last updated: 2 February 2006