Duynhoven Harry: Land Transport Amendment Bill — Second Reading 
Duynhoven Harry: Land Transport Amendment Bill — Second Reading 
[Volume:625;Page:20429] 
Hon HARRY DUYNHOVEN (Minister for Transport Safety) 
 on behalf of the 
 Minister of Transport 
: I move  
That the Land Transport Amendment Bill be now read a second time 
. I thank the Transport and Industrial Relations Committee for its work on this bill; it has given it thorough consideration. I note that the committee is recommending a number of amendments which the Minister supports. 
I take this opportunity to remind the House briefly of what this bill contains and to discuss some of the select committee’s recommended amendments. This bill is not the result of a single comprehensive review but of a series of specific reviews. The intention of the bill is to improve the safety and security of road users in line with the objectives contained in the Government’s New Zealand Transport Strategy. 
The bill can be summarised under three headings: the improvement of road safety by the provision of better enforcement options the better alignment of existing law and regulation governing commercial transport with other transport legislation and the updating of general transport provisions to account for changing technology. The bill will improve the safety and security of road users by making the enforcement operation and administration of land transport safety law more efficient and effective. 
The Government has identified a number of areas where the legislative framework that sets out the responsibilities of road users traffic offences and penalties and the driver’s-licence system needs improvement. In addition the Government has identified a number of problems with land transport legislation that frustrate its spirit and make it difficult to administer and enforce. The bill fixes those problems. 
With regard to serious traffic offenders it is clear that alcohol and excessive speed are the two biggest contributing factors to road crashes in New Zealand together accounting for about 40 percent of fatal crashes. Such crashes are unnecessary and come at enormous social and personal cost. The bill gets tough on the most serious traffic offenders by reducing the speed and alcohol thresholds imposed for immediate driver’s-licence suspension and by increasing the range of penalties for repeat drink-driving including immediate vehicle impoundment at the roadside. 
The bill introduces a “three strikes and you’re out” approach for any drink-driving offences whereby a first-time offender will face the current court-imposed penalties for a first drink-driving offence. A second offence committed within 4 years of the first offence will carry immediate licence suspension for 28 days on top of the court penalties and a third or subsequent offence within 4 years of the first offence will result in immediate vehicle impoundment for 28 days and extended disqualification of licence which will also include a requirement to resit and pass the theory and practical driving tests. That is on top of the court penalties. 
The bill will make the law around driver licensing clearer and more user-friendly. It will do that by allowing a temporary driver’s licence to be issued when a person’s licence has expired or been revoked. That will allow a person to drive for assessment purposes. Secondly the bill will require a driver’s licence to show the original issue date rather than the date that the licence was last issued. That will assist New Zealand driver’s-licence holders who wish to drive or hire a car in other countries. 
The bill will allow for the immediate suspension of a driving instructor or a testing officer in the interests of public safety and it will prohibit driving instruction for financial or commercial gain when the instructor does not have a current driving instructor endorsement. I note that the select committee is also recommending an amendment that would require the licences of suspended drivers to be surrendered. I welcome this amendment as it will address concerns raised by the police and the hospitality industry that superseded learner and restricted licences are being used to assist minors to gain entry into licensed premises. 
In 2001 the Government reviewed the transport operator licensing system. This bill contains amendments to transport operator licensing in line with that review. It simplifies and clarifies licensing requirements thus helping to reduce compliance costs for transport operators. At the same time it puts in place measures to improve commercial driver standards through the rules programme. Those include enhanced accountability of taxi organisations and strengthened offences and penalties. 
I note and endorse the select committee’s recommended amendment to require approved taxi organisations to provide company details in Braille inside taxis. That step should enhance the security of visually impaired taxi passengers and their ability to bring any deficiencies in driving or service to the attention of the taxi company or of Land Transport New Zealand. 
The bill also prohibits persons convicted of serious violence and sexual offences from being passenger service drivers. That will address the risk to public safety of having convicted sex offenders and other violent offenders in a one-on-one situation with passengers. I note that the select committee recommends that the scope of that provision be extended to cover offences committed prior to the commencement of this bill. I support that amendment but note that the select committee in its report unanimously suggested further consideration be given as to whether some individuals should be able to apply for reinstatement. My officials are currently examining how reinstatement could possibly work in very limited circumstances whilst excluding the most serious offenders and I expect to table amendments to address that issue. 
With regard to driving hours and logbook reform I tell the House that following consultation with the transport industry and the general public and in line with the review of the driving hours and logbook system the bill retains prescribed driving hours and logbooks for commercial drivers in order to manage the risks to road safety from driver fatigue. However the bill simplifies the driving hours and logbook system and introduces a new simpler definition of work time. 
Additionally it alters the current penalty system in line with industry concerns to a graduation of penalties according to the seriousness of the offence. It introduces a new “chain of responsibility” offence to ensure that employers and other industry participants are held accountable if they knowingly allow or cause driving-hour breaches. The select committee has recommended that “chain of responsibility” offences also be created for load security and overloading offences and for speeding where commercial vehicles are involved. Those are positive measures and by making the likes of consignees and consignors equally liable when they have knowingly contributed to an overloading or speeding offence it will help to improve the safety of commercial transport services. The bill also provides for alternative fatigue management schemes to encourage operators to take greater responsibility for managing commercial driver fatigue. 
There are currently defects in land transport legislation that frustrate its spirit and make it difficult to enforce or administer. The bill contains a number of common-sense amendments to address those concerns. They include: empowering police to serve at the roadside a notice of licence suspension on a driver with more than 100 demerit points where the director has been unable to serve the notice; ensuring driving offences involving injury and death apply both on and off the road; and updating the definition of motor vehicle to exclude vehicles powered by very small motors. I support the select committee’s recommendation that the maximum power output for low-powered vehicles be increased from 200 watts to 300 watts or higher for specified classes of vehicles like electric bicycles for instance. That will better cater for small powered scooters and bicycles which are increasingly being used by commuters and for recreation. 
During the debate on this bill United Future raised the issue of excessively noisy vehicles. Officials are looking at ways to strengthen existing sanctions and tools available to enforcement officers in order to deal with excessively noisy vehicles including the possibility of assigning demerit points for vehicle noise offences and an increase in fines. I also expect to table amendments on that matter. 
This bill as reported back from the select committee proposes a large number of positive changes to the legislative framework underpinning land transport safety. Not only will the legislation improve safety and help save lives; it will also reduce unnecessary complication and business compliance costs. I thank the select committee and the officials for their work and I commend the bill to the House.