Land Transport Amendment Act 2005

1: Title
1: This Act is the Land Transport Amendment Act 2005.
2: In this Act, the Land Transport Act 1998 the principal Act Sections 6 and 7 of the Land Transport Amendment Act 2007 come into force when ss 19 and 39 of this Act come into force. 2007-10-01 sections 4(1), 4(3), 4(5) to (8), 4(13), 5, 18, 19, 29, 38 to 40, 42, 45, 51, 56, 61 to 63, 66 to 69, 71 to 73, 77, 78(2), 79, 82(2), 83, 85, 86, 91(2) to (6), 91(8), 91(9), 93, 94(1), 95(3) and (4), 95(6), 95(8), 95(11), 96, 97, and 100 Land Transport Act 1998
2: Commencement
1: Sections 11 to 16 21 24 30(2) 31 to 34 36 43 44 46 to 50 52 to 55 65 75 81 82(1) (3) (4) (5) 84 95(1) (2) (9) 95(12) 98 99
a: on 16 January 2006; or
b: on an earlier date to be appointed by the Governor-General by Order in Council; and 1 or more Orders in Council may be made appointing different dates for different provisions.
2: Sections 4(1) 4(3) 4(5) to (8) 4(13) 5 18 19 29 38 to 40 42 45 51 56 61 to 63 66 to 69 71 to 73 77 78(2) 79 82(2) 83 85 86 91(2) to (6) 91(8) 91(9) 93 94(1) 95(3) (4) 95(6) 95(8) 95(11) 96 97 100
3: The rest of this Act comes into force on the day after the date on which this Act receives the Royal assent. Section 2(2) brought into force 1 October 2007 clause 2 Land Transport Amendment Act 2005 Commencement Order 2007
1: Preliminary provision
3: Purpose
1: The purpose of this Act is to amend the principal Act, the Transport Act 1962 Transport Services Licensing Act 1989
a: promote and enhance provisions in that transport legislation relating to safe road user behaviour and vehicle safety; and
b: improve and enhance the enforcement provisions of that transport legislation.
2: The purpose of this Act is achieved by—
a: clarifying powers and requirements in the principal Act, the Transport Act 1962 Transport Services Licensing Act 1989
b: amending provisions relating to excess speed, drink-driving, drug-driving, and repeat offences; and
c: assisting the rehabilitation of serious traffic offenders; and
d: improving the driver licensing provisions in the principal Act; and
e: incorporating the operator licensing provisions (excluding rail) of the Transport Services Licensing Act 1989
f: updating the driving hours and logbook provisions in the Transport Act 1962
g: providing for traction engine safety to be covered by the principal Act, rather than by the Boilers, Lifts, and Cranes Act 1950
h: ensuring that a person whose conduct contributes to an operator's or driver's failure to comply with his or her duties under this Act is held accountable for that conduct; and—
i: amending the provisions relating to storage and disposal of impounded motor vehicles.
2: Amendments to principal Act
1: Principal Act
4: Interpretation
1: Section 2(1) goods service goods service licence goods service vehicle passenger service passenger service licence passenger service vehicle rental service rental service vehicle transport service transport service licence transport service vehicle vehicle recovery service vehicle recovery service licence vehicle recovery service vehicle
2: Section 2(1) invalid carriage
3: Section 2(1) approved taxi organisation control cumulative work day
a: during which work occurs; and
b: that—
i: does not exceed 24 hours; and
ii: begins after a continuous period of rest time of at least 10 hours cumulative work period goods service
a: means the carriage of goods on any road, whether or not for hire or reward, by means of a motor vehicle whose gross laden weight is 6 000 kg or more; and
b: includes the letting on hire of a motor vehicle whose gross laden weight is 6 000 kg or more by a person who drives the vehicle or provides a driver for the vehicle, where the motor vehicle is used for the carriage of goods; but
c: does not include—
i: a vehicle recovery service; or
ii: a service involving the carriage of goods for personal domestic purposes where the service is not operated for more than a total of 7 days in any 12-month period; or
iii: any carriage of goods by a passenger service vehicle where the carriage is part of a contract for the carriage of passengers or where the carriage is of such small amounts of goods, or occurs so infrequently, that it does not form a significant part of the overall operations of the vehicle; or
iv: the use of trucks by licensed motor vehicle dealers to carry goods for demonstration and sale purposes; or
v: the use of vintage vehicles to carry goods for display purposes; or
vi: the use of trailers towed by small passenger service vehicles to carry passengers' luggage; or
vii: any service specified as an exempt goods service in the regulations or the rules goods service licence Part 4A goods service vehicle
a: means a motor vehicle used or capable of being used in a goods service for the carriage of goods; but
b: does not include a vehicle specified as an exempt goods service vehicle in the regulations or the rules large passenger service vehicle organised criminal activity
a: involves 2 or more persons; and
b: has the acquisition of income or assets by means of a continuing course of criminal conduct as one of its objects passenger service
a: means—
i: the carriage of passengers on any road for hire or reward by means of a motor vehicle; and
ii: the carriage of passengers on any road, whether or not for hire or reward, by means of a large passenger service vehicle; and
b: includes the carriage of passengers on any road—
i: that involves a specific charge on passengers for transport, including part payments to cover fuel and donations (which are expected as a condition of carriage); or
ii: by a person or an organisation that is funded by another person or organisation specifically for the provision of transport; or
iii: in which the carriage of passengers is an integral part of, or reasonably necessary to provide, another service or activity (other than a transport service) for which payment is made
iv: in which the carriage of passengers is made using the vehicle provided by one of the passengers and the driver is paid for the carriage; or
v: that involves the letting on hire of a vehicle by a person who drives the vehicle or provides a driver for the vehicle if, during the hiring, the vehicle is used for the carriage of passengers; but
c: does not include—
i: private ambulance services provided by organisations primarily for their employees, being ambulance services that are available to the general public in an emergency only when public ambulance services cannot provide a service; or
ii: any service using a vehicle that is specified as an exempt passenger service vehicle in the regulations or the rules; or
iii: any service specified as an exempt passenger service in the regulations or the rules passenger service licence Part 4A passenger service vehicle
a: means a vehicle used or available for use in a passenger service for the carriage of passengers; but
b: does not include—
i: a vehicle designed or adapted to carry 12 or fewer persons (including the driver) provided by one of the passengers being carried; or
ii: a vehicle specified as an exempt passenger service vehicle in the regulations or the rules rental service
a: the letting of a motor vehicle under a hire purchase agreement or a bailment that is for a period exceeding 6 months; or
b: the hiring of trailers with a gross laden weight not exceeding 3 500 kg; or
c: any service specified as an exempt rental service in the regulations or the rules rental service licence Part 4A rental service vehicle service Part 4A
a: an operation carried out on one occasion only; and
b: an operation carried out solely for the benefit of the persons carrying it out small passenger service vehicle taxi
a: a small passenger service vehicle; and
b: fitted with a sign on its roof displaying the word taxi
c: in use or available for use for hire or reward for the carriage of passengers other than on defined routes taxi service transport service
a: means any goods service, passenger service, rental service, or vehicle recovery service; but
b: does not include—
i: a rail service within the meaning of section 2(1) of the Transport Services Licensing Act 1989
ii: any service specified as an exempt transport service in the regulations or the rules transport service driver transport service licence Part 4A
a: a goods service licence:
b: a passenger service licence:
c: a rental service licence:
d: a vehicle recovery service licence transport service operator transport service vehicle
a: a rail service vehicle within the meaning of section 2(1) of the Transport Services Licensing Act 1989
b: a vehicle running on self-laying tracks or rollers; or
c: a vehicle that operates solely on or in areas to which the public does not have access as of right (whether or not that vehicle is used on a road in connection with that vehicle's inspection, servicing, or repair, or for the purposes of a practical driving test required under any enactment); or
d: a vehicle used as a place of abode to the extent that it is not used in a rental service; or
e: a vehicle listed as a farm vehicle in Part 1 of the Schedule to the Transit New Zealand (Apportionment and Refund of Excise Duty) Regulations 1998
f: a tractor (being a motor vehicle designed principally for traction at speeds not exceeding 50 km per hour; or
g: a forklift (being a motor vehicle designed principally for lifting and stacking goods by means of 1 or more forks, tines, platens, or clamps); or
h: a hearse; or—
i: a traction engine vehicle recovery service
a: means the towing or carrying on any road of a motor vehicle, irrespective of the size or design of the towing or carrying vehicle, and whether or not the towing or carrying of the vehicle is carried out by a person intending to carry out repairs on the vehicle; but
b: does not include—
i: the towing or carrying of any motorcycle or moped; or
ii: the towing or carrying of one motor vehicle by another where—
A: the towing or carrying is not carried out directly or indirectly for reward; and
B: the towing or carrying vehicle is not designed or adapted for the purpose of towing or carrying motor vehicles; or
iii: the towing or carrying of a vehicle by a person who owns the vehicle; or
iv: the towing of disabled vehicles using a rope or flat tow by—
A: a person employed by, or contracted to, a motoring association or insurance company where the towing is limited to removal of the vehicle to a place of safety; or
B: the owner or employee of a garage or workshop who intends to carry out repairs to the vehicle; or
v: the removal of vehicles by New Zealand Defence Force tow trucks at the request of an enforcement officer; or
vi: routine towing services operated by New Zealand Defence Force personnel in areas where there is no suitable and available commercial towing service nearby; or
vii: any service where the Director has provided the transport service operator with a written notice that—
A: must be carried in the vehicle used in the service; and
B: specifies that the nature of the service is such that the carriage of vehicles should be treated as the carriage of goods; or
viii: any service specified as an exempt vehicle recovery service in the regulations or the rules vehicle recovery service licence Part 4A vehicle recovery service vehicle
a: means a vehicle used or available for use in a vehicle recovery service for towing or carrying on a road any motor vehicle; but
b: does not include any vehicle specified as an exempt vehicle recovery service vehicle in the regulations or the rules.
4: Section 2(1) mobility device
a: a vehicle that—
i: is designed and constructed (not merely adapted) for use by persons who require mobility assistance due to a physical or neurological impairment; and
ii: is powered solely by a motor that has a maximum power output not exceeding 1 500 W; or
b: a vehicle that the Director has declared under section 168A(1) traction engine
a: is propelled by steam power; and
b: is not a rail service vehicle within the meaning of section 2(1) of the Transport Services Licensing Act 1989
c: is not designed for the carriage of goods or persons other than the driver and, if appropriate, other persons involved in its operation unlicensed .
5: Section 2(1) rest time
a: is not work time; and
b: is at least 30 minutes in duration; and
c: is not spent in a moving vehicle associated with work work time
a: driving vehicles to which subpart 1 of Part 4B
b: loading and unloading:
c: maintenance and cleaning of vehicles (other than unpaid cleaning outside working hours):
d: administration or recording:
e: any paid employment (other than paid leave or paid breaks of at least 30 minutes duration), whether or not related to transport activities.
6: Section 2(1) infringement offence
ba: an offence against this Act concerning logbooks that is committed by a transport service driver: .
7: Section 2(1) Land Transport Register or the Transport Services Licensing Act 1989
8: Section 2(1) logbook , or of a type, approved under the Transport Act 1962 approved by the Director in accordance with the rules, and includes any alternative means approved under section 30ZG
9: Section 2(1) motor vehicle
10: Section 2(1) motor vehicle ; or
vii: a vehicle that the Director has declared under section 168A
viii: a mobility device .
11: Section 2(1) vehicle
12: Section 2(1) vehicle An invalid a
13: Section 2
1A: If a transport service includes the use of vehicles that are specified as exempt vehicles in the regulations or the rules, the operation of those vehicles is not to be treated as part of the operation of the service. Primary responsibilities of participants in land transport system
5: General requirements for participants in land transport system
Section 4(4) the provisions of section 24 of the Transport Services Licensing Act 1989 subpart 2 of Part 4A
6: Drivers not to be reckless or dangerous
1: Section 7 subsection (1)
1: A person may not drive a motor vehicle, or cause a motor vehicle to be driven, recklessly.
2: Section 7(2) on a road
7: New
section 8 The principal Act is amended by repealing section 8
8: Drivers not to be careless or inconsiderate
A person may not drive a vehicle, or cause a vehicle to be driven, carelessly or without reasonable consideration for other persons .
8: Loads transported by vehicles to be secured
Section 9 on a road , and any person loading that vehicle,
9: Drivers not to exceed specified alcohol limits
Section 11 on a road
10: Persons not to drive while under influence of alcohol or drugs
Section 12 on a road Additional responsibilities concerning road transport
11: New heading and
sections 22B 22C The principal Act is amended by inserting, after section 22A Traction engine safety
22B: Operators of traction engines to hold appropriate current qualification
1: A person may not use a traction engine in a public place—
a: without an appropriate qualification provided for in the regulations or the rules; or
b: if the person is not permitted under this Act to drive a motor vehicle.
2: A person who uses a traction engine must produce without delay his or her qualification referred to in subsection (1)(a)
3: In this section and sections 22C and 36B public place
a: means a place that is open to, or being used by, the public, whether or not there is a charge for admission; and
b: includes a road and any part of a public place.
22C: Traction engine to be safe and operated in compliance with regulations and rules
1: A person may not use a traction engine in a public place in a manner that, having regard to all the circumstances, is or might be dangerous to the public or to a person.
2: If the regulations or the rules require a traction engine to have current evidence of vehicle inspection, or any other certificate, or both, a person may not use the traction engine in a public place without the appropriate current evidence of vehicle inspection, certificate, or both (as the case may require).
3: A person who uses a traction engine that is required to have current evidence of vehicle inspection, or a certificate, must comply with the regulations and the rules concerning such evidence or certificate, and the use of the traction engine.
4: Current evidence of vehicle inspection must be displayed on the traction engine to which it applies. Driver licensing
12: Director may issue temporary driver licences
Section 24
3: Despite subsection (1)
13: New
section 26 The principal Act is amended by repealing section 26
26: Drivers may be tested and examined
The Director may require an applicant for a driver licence and holders of driver licences to—
a: complete courses that are approved by the Director:
b: pass tests and examinations that are approved by the Director.
14: Photographic driver licences
1: Section 28(1)(g) date original
2: Section 28(4) , subject to subsections (4A), (4B), and (4C)
3: Section 28
4A: Without limiting subsection (4), subsection (1)(g)
a: renewal of a current driver licence; and
b: renewal of an expired driver licence, whether the holder—
i: was previously suspended or disqualified; or
ii: failed to renew his or her driver licence on expiry; and
c: a replacement driver licence.
4B: Despite subsections (1)(g) and (4)
a: in the case of a driver licence that has been revoked, the new driver licence must show the date of issue of the new licence; and
b: in the case of a person who applies to convert an overseas licence or permit to a New Zealand full driver licence, the licence must show the date of issue of that person's first New Zealand driver licence; and
c: in the case of a learner licence or restricted licence issued under Part 4 of the Land Transport (Driver Licensing) Rule 1999
4C: Subsection (4B)(c)
15: New
section 28A The principal Act is amended by inserting, after section 28
28A: Transitional provisions for photographic driver licences
Despite section 28(1)(g) and (4) Part 12 of the Land Transport (Driver Licensing) Rule 1999
16: New
sections 29A 29B The principal Act is amended by inserting, after section 29
29A: Persons convicted of specified serious offences prohibited from holding or applying for passenger endorsement
1: A person who has been convicted of a specified serious offence on, before, or after the commencement of this section may not hold or apply for a passenger endorsement on his or her driver licence.
2: A passenger endorsement is deemed to be expired and of no effect if held by a person who has been convicted of a specified serious offence on, before, or after the commencement of this section.
3: In subsection (1)
a: murder; or
b: a sexual crime under Part 7 of the Crimes Act 1961 section 144A or section 144C of that Act
c: an offence against any of the following sections of the Crimes Act 1961
i: section 173
ii: section 174
iii: section 175
iv: section 176
v: section 188
vi: section 189(1)
vii: section 191
viii: section 198
ix: section 199
x: section 200(1)
xi: section 201
xii: section 208
xiii: section 209
xiv: section 210
xv: section 234
xvi: section 235
xvii: section 236
d: an offence committed outside New Zealand that, if committed in New Zealand, would constitute an offence specified in paragraphs (a) to (c)
29B: Passenger endorsement may be reinstated in certain cases
1: A person whose passenger endorsement is deemed to be expired and of no effect under section 29A(2)
a: the person has not been convicted of an offence specified in section 29A(3)(a) or section 29A(3)(b)
b: the person's last conviction for a specified serious offence occurred more than 10 years before the commencement of this section; and
c: during the 10-year period immediately preceding the application, the person has had no convictions for an offence that is punishable by a term of imprisonment.
2: If an application is made under subsection (1)
a: may, if satisfied that allowing the applicant to hold a passenger endorsement would not be contrary to the public interest, reinstate the applicant's passenger endorsement; and
b: must, when determining whether reinstating the applicant's passenger endorsement would not be contrary to the public interest, have regard to—
i: the sentence imposed for the applicant's last conviction for a specified serious offence; and
ii: the general safety criteria set out in section 30C
iii: any other matters that the Director considers relevant, including (but not limited to) submissions by any affected party.
3: If the Director decides to reinstate the applicant's passenger endorsement, section 29A(1)
4: If the Director decides not to reinstate the applicant's passenger endorsement, the applicant may appeal to the High Court.
5: For the purposes of this section, specified serious offence section 29A(3)
17: Driver licences are property of Director and are to be returned if suspended, revoked, etc
1: The heading to section 30 returned if suspended, revoked, etc surrendered in certain circumstances
2: Section 30(1) (4) (4A)
3: Section 30
4A: The holder of a driver licence must, if that licence is superseded by another driver licence, surrender that driver licence to—
a: the Director; or
b: a person appointed by the Director; or
c: a member of the police. Transport services licensing
18: New
Part 4A The principal Act is amended by inserting, after Part 4
4A: Transport services licensing
1: Primary responsibilities of holders of transport service licences
30A: Requirements for vehicles
1: A holder of a transport service licence must ensure that—
a: every vehicle to be used in connection with the service is maintained in a fit and proper condition and that the requirements of any Act, regulation, or rule made for this purpose are met:
b: no vehicle is used in connection with the service unless and until all fees payable in respect of the vehicle and the service under any Act, regulation, or bylaw have been duly paid or appropriate arrangements have been made for payment.
2: The holder of any transport service licence must, whenever required to do so by the Director, present for inspection any vehicle that is used in the service.
3: No evidence of vehicle inspection may be issued in respect of a transport service vehicle unless the person issuing the evidence of vehicle inspection has been notified of the transport service licence number under which the vehicle is being operated.
4: No person may use a transport service vehicle if that vehicle has suffered serious damage until the vehicle has been inspected and passed as being safe by a person authorised by the Director, or the owner of the vehicle has been informed by such a person that the vehicle is not to be inspected. 1989 No 74 ss 31, 33
30B: Provision of identification information in Braille
The holder of a transport service licence under which a taxi is operated and the driver of that taxi must, in accordance with any regulations or rules, ensure that the following identification information is provided in Braille:
a: the name of the approved taxi organisation; and
b: the unique fleet number assigned to the taxi; and
c: the approved taxi organisation's telephone number for complaints.
2: Fit and proper person test
Assessment criteria
30C: General safety criteria
1: When assessing whether or not a person is a fit and proper person in relation to any transport service, the Director must consider, in particular, any matter that the Director considers should be taken into account—
a: in the interests of public safety; or
b: to ensure that the public is protected from serious or organised criminal activity.
2: For the purpose of determining whether or not a person is a fit and proper person for any of the purposes of this Part, the Director may consider, and may give any relative weight that the Director thinks fit having regard to the degree and nature of the person's involvement in any transport service, to the following matters:
a: the person's criminal history (if any):
b: any offending by the person in respect of transport-related offences (including any infringement offences):
c: any history of serious behavioural problems:
d: any complaints made in relation to any transport service provided or operated by the person or in which the person is involved, particularly complaints made by users of the service:
e: any history of persistent failure to pay fines incurred by the person in respect of transport-related offences:
f: any other matter that the Director considers it is appropriate in the public interest to take into account.
3: In determining whether or not a person is a fit and proper person for any of the purposes of this Part, the Director may consider—
a: any conviction for an offence, whether or not—
i: the conviction was in a New Zealand court; or
ii: the offence was committed before the commencement of this Part or corresponding former enactment; or
iii: the person incurred demerit points under this Act or a corresponding former enactment in respect of the conviction; and
b: the fact that the person has been charged with any offence that is of such a nature that the public interest would seem to require that a person convicted of committing such an offence not be considered to be fit and proper for the purposes of this section.
4: Despite subsection (3) 1989 No 74 s 24(1), (2)(d), (3)
30D: Additional criteria for small passenger service vehicles and vehicle recovery service
Without in any way limiting the matters that the Director may consider under section 30C(2)
a: any history of serious behavioural problems:
b: any offending in respect of offences of violence, sexual offences, drugs offences, arms offences, or offences involving organised criminal activities:
c: any offending in respect of major transport-related offences, particularly offences relating to safety or to road user charges:
d: any persistent offending of any kind:
e: any complaints in respect of the person or any transport service operated by the person that are of a persistent or serious nature. 1989 No 74 s 24(2)(a)
30E: Additional criteria for large passenger service vehicles
Without in any way limiting the matters that the Director may have regard to under section 30C(2)
a: any history of serious behavioural problems that indicate a propensity for violence:
b: any offending in respect of offences of violence or sexual offences:
c: any offending in respect of major transport-related offences, particularly offences relating to safety or to road user charges. 1989 No 74 s 24(2)(b)
30F: Additional criteria for goods service
Without in any way limiting the matters that the Director may have regard to under section 30C(2)
a: any criminal activity conducted in the course of any transport service or transport-related business or employment:
b: any offending in respect of major transport-related offences, particularly offences relating to safety or to road user charges. 1989 No 74 s 24(2)(c) Information requirements
30G: Director may require information for fit and proper person assessment
The Director may, for the purpose of determining whether or not a person is a fit and proper person for any of the purposes of this Act,—
a: seek and receive any information that the Director thinks fit; and
b: consider information obtained from any source. 1989 No 74 s 24(4)
30H: Director's duties concerning prejudicial information
If the Director proposes to take into account any information that is or may be prejudicial to the person, the Director must, subject to section 30I(1) 1989 No 74 s 24(5)
30I: Non-disclosure by Director of information for safety reasons
1: Nothing in section 30H
2: If the Director determines not to disclose any information in reliance on subsection (1)
a: in the case of non-disclosure to an individual of information about the individual,—
i: inform the individual that he or she may, under the Privacy Act 1993
ii: the provisions of that Act apply to that non-disclosure as if, following a request under that Act for the information withheld, the information has been withheld in reliance on section 27(1)(d) of that Act
b: in any other case,—
i: inform the person that the person may seek a review by an Ombudsman of that non-disclosure under the Official Information Act 1982
ii: the provisions of that Act apply to that non-disclosure as if, following a request under that Act for the information withheld, the information had been withheld in reliance on section 6(d) of that Act 1989 No 74 s 24(6), (7)
3: Licensing of transport services
30J: Transport service operators may not carry on certain transport services unless licensed to do so
A transport service operator may not carry on any of the following transport services unless licensed to do so:
a: goods service:
b: passenger service:
c: rental service:
d: vehicle recovery service.
30K: Application for transport service licence
1: Every application for a transport service licence must be—
a: made in accordance with the regulations and the rules; and
b: accompanied by the fee (if any) required by the regulations.
2: A person may not hold or apply for a transport service licence while he or she is disqualified under this Act or any other Act from holding or obtaining a transport service licence. 1989 No 74, s 6
30L: Grant of licence
1: After considering an application for a transport service licence, the Director may grant the licence only if the Director is satisfied that—
a: the applicant is a fit and proper person to hold a transport service licence; and
b: any person who is to have, or is likely to have, control or involvement in the operation of the transport service is a fit and proper person to have such control or involvement; and
c: the applicant or any person who is to have control of the service is the holder of the appropriate certificate (if any) required by the regulations or the rules; and
d: all relevant requirements of this Act, the regulations, and the rules have been complied with.
2: In determining whether or not a person is a fit and proper person to operate, control, or have an involvement in, a transport service, the Director must consider the matters specified in subpart 2.
3: Subpart 5 applies to a decision not to grant a transport service licence. 1989 No 74 s 8(1), (2)
30M: Conditions of transport service licences
Despite section 30L(1) and (2)
a: is not satisfied that the applicant is a fit and proper person to operate a goods service under the licence sought; but
b: is satisfied that—
i: the applicant is a fit and proper person to operate a goods service under a licence to carry the applicant's own goods, if specified conditions are imposed; and
ii: the grant of such a licence is not contrary to the public interest. 1989 No 74 s 8(3)
30N: Transfer, assignment, or lease of transport service licence prohibited
1: A transport service licence may not be transferred, leased, or assigned to any person.
2: Nothing in subsection (1)
a: by the personal representative of the deceased or incapacitated person; or
b: by any other person under an arrangement with the personal representative. 1989 No 74 s 26(1), (2)
30O: Term of transport service licence
1: A transport service licence takes effect on the day it is granted and continues in force until it is—
a: surrendered under subsection (2)
b: deemed to be surrendered under subsection (3)
c: revoked under section 30S
2: The holder of a transport service licence may surrender the transport service licence at any time by written notice to the Director.
3: If no vehicle has been operated under a transport service licence for a period of 2 years, the licence is deemed to have been surrendered.
4: No transport service licence for a transport service operated by any of the following may be suspended or revoked for any reason:
a: the Armed Forces; or
b: the Fire Services Commission; or
c: the police; or
d: any emergency service organisation approved by the Director for the purposes of this section. 1989 No 74 ss 3(2), 27, 28
30P: Director may grant applications for approved taxi organisations
1: The Director may grant an application by a person or an organisation to be an approved taxi organisation.
2: An application by a person or organisation to be an approved taxi organisation must be made in accordance with the regulations or the rules.
3: An approved taxi organisation must comply with the requirements relating to an approved taxi organisation specified in the regulations or the rules.
4: A holder of a passenger service licence may not operate a taxi service under that licence unless the licence holder is a member of an approved taxi organisation. 1989 No 74 ss 20, 21(1)
30Q: Circumstances in which Director must grant applications for approved taxi organisations
1: Despite section 30P(1)
a: the applicant is—
i: a person who holds, or has made an application for, a passenger service licence; or
ii: an organisation that represents operators of taxi services; and
b: any person who will have, or is likely to have, control of the proposed taxi organisation is a fit and proper person, within the meaning of subpart 2, to have control of the proposed taxi organisation; and
c: any person who will have, or is likely to have, control of the proposed taxi organisation holds the appropriate certificate (if any) required by the regulations or the rules; and
d: the operating rules, rosters, and other internal operating procedures of the proposed taxi organisation are likely to provide adequate control over the proposed taxi organisation's members and their drivers; and
e: the proposed taxi organisation's members and their drivers have the ability to meet the relevant requirements of the regulations and the rules; and
f: the proposed taxi organisation is likely to be able to meet the relevant requirements of the regulations and the rules; and
g: the signage of the proposed taxi organisation is sufficiently distinguishable from the signage of any other approved taxi organisation operating in the same area.
2: Approval of an application includes approval of the proposed operating rules for the proposed taxi organisation.
3: Subpart 5 applies to a decision not to grant an application. 1989 No 74 s 21(3), (3A), (4)
30R: Director may revoke approval
1: The Director may revoke any approval granted under section 30P(1) or section 30Q(1)
a: the person or organisation has been convicted 3 times or more of an offence against this Act or the regulations; or
b: the person or organisation no longer meets the criteria to be an approved taxi organisation; or
c: the Director is satisfied that the person or organisation, or any person in control of the organisation,—
i: is not a fit and proper person, within the meaning of subpart 2, to have control of an approved taxi organisation; or
ii: is not a fit and proper person to have control of an approved taxi organisation because the drivers within that approved taxi organisation have failed to maintain, in accordance with the regulations or the rules,—
A: an adequate area knowledge; or
B: an appropriate ability to communicate in the English language; or
iii: is unable to maintain adequate control over the activities of its members or their drivers in accordance with—
A: the organisation's operating rules; and
B: any relevant regulations or rules made under this Act.
2: Subpart 5 applies to a decision to revoke an approval. 1989 No 74 s 23
4: Revocation of transport service licences
30S: When Director may revoke transport service licence
1: The Director may revoke a transport service licence if the Director is satisfied that—
a: the holder of the transport service licence is not a fit and proper person to be the holder of a transport service licence; or
b: any person having control of the service, or any person who has an involvement in the operation of the service, is not a fit and proper person to have control of, or be involved in, the operation of the service.
2: Subpart 5 applies to a decision to revoke a transport service licence. 1989 No 74 s 11(1)
30T: Procedure Director must follow before revoking transport service licence
If the proposed revocation of a licence under this section is on the ground that a person other than the licence holder is not a fit and proper person,—
a: the notice required to be given to the licence holder by section 30W
b: the licence must not be revoked where the licence holder complies with any such requirements of the Director. 1989 No 74 s 11(2) and (3)
30U: Suspension of transport service licence
1: If the holder of a transport service licence, or any person who has control of the service, does not hold a certificate required by the regulations or the rules, the Director may suspend the licence until the holder of the licence or the person who has control of the service is the holder of such a certificate.
2: Subject to subsection (1)
3: Subpart 5 applies to a decision to suspend a transport service licence. 1989 No 74 s 18(4) and (5)
5: Adverse decisions
30V: Interpretation
In sections 30W to 30Y adverse decision
a: that a person is not a fit and proper person under subpart 2; or
b: to refuse to grant—
i: a transport service licence under section 30L
ii: approval as an approved taxi organisation under section 30Q(1)
c: to grant a licence on conditions under section 30M
d: to revoke—
i: a transport service licence under section 30S
ii: approval of an approved taxi organisation under section 30R(1)
e: to suspend—
i: a transport service licence under section 30U
ii: a transport service driver or other person under section 87D
f: to disqualify—
i: a transport service driver under section 87A
ii: a transport service licence holder or person in control of a transport service under section 87B affected licence holder person directly affected section 106 person on the basis of whose character the adverse decision arises 1989 No 74 s 25(1)
30W: Director to notify proposal to make adverse decision
1: If the Director proposes to make an adverse decision under this Part in respect of any person, the Director must, by notice in writing,—
a: notify the person directly affected of the proposed decision; and
b: subject to subsection (3)
c: specify a date by which submissions may be made to the Director in respect of the proposed decision (which date must not be less than 21 days after the date on which the notice is given); and
d: if appropriate, specify the date on which the proposed decision will, unless the Director otherwise determines, take effect, being a date not earlier than 28 days after the date the notice is given; and
e: notify the person of the person's right of appeal under section 106
f: specify such other matters as in any particular case may be required by this Act or any other Act.
2: If the Director gives a notice under subsection (1)
a: must also supply a copy of the notice to—
i: any person on the basis of whose character the adverse decision arises, where that person is not the person directly affected:
ii: any affected licence holder, if the Director considers that the proposed adverse decision is likely to have a significant impact on the operations of that licence holder:
b: may supply a copy of the notice to any other affected licence holder.
3: No notice or copy of a notice given under this section may include or be accompanied by any information referred to in section 30H
a: the notice or copy is supplied to the person to whom the information relates; or
b: that person consents to the supply of that information to any other person. 1989 No 74 s 25(2)-(4)
30X: Procedure for consideration of information
If any notice or copy of a notice is given to any person under section 30W
a: it is the responsibility of the person to ensure that all information that the person wishes to have considered by the Director in relation to the proposed adverse decision is received by the Director within the period specified in the notice under section 30W(1)(c)
b: the Director may, but is not obliged to, consider any information supplied by the person after the expiry of the period referred to in paragraph (a)
c: the Director must consider any submissions made in accordance with paragraph (a) paragraph (b) 1989 No 74 s 25(5)
30Y: Director's determination
After considering the matters referred to in section 30X(c)
a: finally determine whether or not to make the proposed adverse decision; and
b: as soon as practicable thereafter, notify in writing to the person directly affected, and any other person of a kind referred to in section 30W(2)(a)
i: the Director's decision; and
ii: if appropriate, the date on which the decision will take effect; and
iii: if appropriate, the right of appeal under section 106 1989 No 74 s 25(6) Work time and logbooks
19: New
Part 4B The principal Act is amended by inserting, after Part 4A
4B: Work time and logbooks
30Z: Application of Part
Nothing in this Part applies in respect of any rail service vehicle.
30ZA: Director may grant exemptions or approve alternative fatigue management schemes
1: If the Director takes into account the criteria specified in section 166(2)
a: with respect to subpart 1, grant written variations to work time requirements specified in subpart 1 or the rules:
b: with respect to subpart 2, grant partial or total written exemptions from some or all of the requirements to maintain logbooks:
c: approve, in accordance with the rules, an alternative fatigue management scheme that varies the work time restrictions or rest time requirements of any rule for all drivers covered by the relevant transport service licence.
2: A variation or exemption granted, or an approval given under subsection (1)
3: The Director may revoke, by notice in writing, any exemption from logbook use granted under the rules if the Director has reason to believe that the person has breached the rules or any conditions imposed under subsection (1)
4: Before approving an alternative fatigue management scheme under subsection (1)(c) 1962 No 135 s 70B(4), (5)
1: Work time
30ZB: Application of subpart
1: This subpart applies if, in a cumulative work period,—
a: a driver drives a vehicle that requires a class 2, 3, 4, or 5 licence (as specified in the rules); or
b: a driver drives a vehicle that is used in—
i: a transport service (other than a rental service); or
ii: circumstances in which that vehicle must, or ought to, be operated under a transport service licence; or
c: a driver drives a vehicle that is used to carry goods for hire or reward.
2: Despite subsection (1)
a: applies whether or not the vehicle is—
i: engaged in any transport service; or
ii: carrying any load or passengers; but
b: does not apply to a driver of a goods service vehicle that—
i: requires a class 1 or class 2 licence (as specified in the rules); and
ii: is used within a 50 km radius of the vehicle's normal base of operation; and
iii: is not used for hire or reward.
30ZC: Limits on work time
1: No driver may work for a period of time that—
a: exceeds the work time restrictions specified in this section, the rules, or any variation granted under section 30ZA
b: fails to comply with the rest time requirements specified in this section, the rules, or any variation granted under section 30ZA
2: In any cumulative work day, a driver—
a: may not exceed 13 hours of work time; and
b: must have at least 10 hours of continuous rest time.
3: No driver may, in any cumulative work period, exceed 70 hours of work time.
4: This section does not apply to a driver of an ambulance service, a fire brigade, or a rural fire party who is proceeding to or returning from an incident attended in response to a priority call specified in the rules. 1962 No 135 s 70B(1), (2)
30ZD: Records must be kept
1: A person who employs a person to drive a vehicle referred to in section 30ZB section 30ZB
a: time records, wage records, and other related employment records for the driver; and
b: accommodation records and receipts for the driver that are relevant to the driver's transport service or transport service vehicle; and
c: fuel records and receipts for the relevant transport service vehicles.
2: The person who keeps the records required under subsection (1)
a: keep each record for 12 months from the date it is made; and
b: make all relevant time records, fuel records and receipts, accommodation records and receipts, wage records, and other related employment records in the possession or control of that person available for immediate inspection on demand at any reasonable time by an enforcement officer.
3: Every enforcement officer to whom records are made available for inspection under subsection (2)(b) 1962 No 135 s 70B(6), (6A)
2: Logbooks
30ZE: Application of subpart
1: This subpart applies if, in a cumulative work period,—
a: a driver drives a vehicle that requires a class 2, 3, 4, or 5 licence (as specified in the rules); or
b: a driver drives a vehicle that is used in—
i: a transport service (other than a rental service); or
ii: circumstances in which the vehicle must, or ought to, be operated under a transport service licence; or
c: a driver drives a vehicle that is used to carry goods for hire or reward if that vehicle is a heavy motor vehicle.
2: Despite subsection (1)
a: applies whether or not the vehicle is—
i: engaged in any transport service; or
ii: carrying any load or passengers; but
b: does not apply to a driver of a goods service vehicle that—
i: requires a class 1 or class 2 licence (as specified in the rules); and
ii: is used within a 50 km radius of the vehicle's normal base of operation; and
iii: is not used for hire or reward.
30ZF: Drivers must maintain logbooks
Unless exempted under section 30ZA(1)
a: manner prescribed by the rules; and
b: form approved by the Director in accordance with the rules. 1962 No 135 s 70C(1)
30ZG: Director may approve or revoke alternative means of recording matters
The Director may, in accordance with the rules, approve or revoke an alternative means of recording matters relevant to the monitoring of work time.
30ZH: Duties regarding logbooks
1: A driver must—
a: retain a logbook required to be maintained by that driver under section 30ZF
b: in the case of a driver who is an employee, deliver a copy of each completed logbook record to the driver's employer within 14 days after completing that record, and the employer must retain the copy of each logbook record for a period of 12 months from the date of the record.
2: A driver must—
a: carry a logbook with him or her at all times when driving a vehicle to which section 30Z
b: produce, on demand by any enforcement officer and without delay, any logbook that—
i: the driver is required to maintain; and
ii: relates to—
A: the day of the driver's last rest time of at least 24 hours; and
B: all the days since that rest time.
3: If the form of the logbook required to be maintained under section 30ZF
a: to remove that identical copy; or
b: if that identical copy has previously been removed or is illegible, to make a copy of that logbook.
4: A person who is required to retain a logbook or a copy of a logbook under subsection (1)
5: A person to whom a logbook or a copy of a logbook or records are required to be made available for inspection under subsection (4) 1962 No 135 s 70C(5)-(7A)
3: Evidence in proceedings
30ZI: Evidence in proceedings for offences against subpart 1 or subpart 2
1: In proceedings for an offence against subpart 1 or subpart 2, the following is sufficient evidence of the contents of a log-book, unless the contrary is proved by production to the Court of the logbook or of an identical copy of the logbook made simultaneously with the original logbook,—
a: evidence given by an enforcement officer authorised to demand the production of logbooks under section 30ZH(2)(b)
b: an identical copy of any logbook removed, or a copy of any logbook made, by an enforcement officer in accordance with section 30ZH(3) or section 30ZH(4)
2: In any proceedings in respect of an offence against subpart 1 it is presumed, until the contrary is proved, that the contents of any logbook produced to an enforcement officer authorised to demand production of the logbook or removed by an enforcement officer from an accident scene where the driver is incapacitated are an accurate statement of the truth of the matter required to be recorded in the logbook by section 30ZF 1962 No 135 s 70D(8), (9)
20: Contravention of
sections 5(1)(a) 5(1)(b) 5(4) 30(2) 30(3)
1: The heading to section 31 or 30(3) 30(3), or 30(4A)
2: Section 31(1) paragraph (a)
a: drives a motor vehicle on a road—
i: with an expired driver licence; or
ii: without an appropriate driver licence; or .
3: Section 31(1)(d) subsection (3) or subsection (4A)
4: Section 31(1)(d) Director , a person appointed by the Director, or a member of the police Offences relating to driving (other than alcohol-related offences) and penalties
21: Contravention of
section 5(1)(c)
1: Section 32(2)(a) a traffic improvement school an approved driving improvement course under section 92(1) section 99A
2: Section 32(2)(b) school course or programme
3: Section 32(2)(b) subparagraphs (i) (ii)
i: in the case of a motorcyclist, drives under the supervision of a person who holds a driving instructor or testing officer endorsement under Part 5 of the Land Transport (Driver Licensing) Rule 1999
ii: in any other case, drives while accompanied by a person who holds a driving instructor or testing officer endorsement under Part 5 of the Land Transport (Driver Licensing) Rule 1999
22: New
section 33A The principal Act is amended by inserting, after section 33
33A: Offence to operate as driving instructor without authorisation
1: A person commits an offence if the person provides, or offers or agrees to provide, driving instruction in a motor vehicle for financial or commercial gain without an appropriate current driver licence authorising the person to operate as a driving instructor.
2: The maximum penalty on conviction for an offence against subsection (1)
23: Contravention of
section 7 22 Section 36 subsection (1)
1: A person commits an indictable offence if the person—
a: drives or causes to be driven a motor vehicle recklessly and by that act or omission causes an injury to or the death of another person; or
b: drives or causes a motor vehicle to be driven at a speed or in a manner which, having regard to all the circumstances, is or might be dangerous to the public or to a person and by that act or omission causes an injury to or death of another person; or
c: without reasonable excuse, contravenes section 22
24: New
section 36B The principal Act is amended by inserting, after section 36A
36B: Contravention of
section 22B or section 22C
1: A person commits an offence if the person—
a: uses a traction engine without an appropriate qualification provided for in the regulations or the rules, for the purpose of qualifying the person to safely use the traction engine in a public place; or
b: uses a traction engine in a public place in a manner that, having regard to all the circumstances, is or might be dangerous to the public or to a person; or
c: uses a traction engine in a public place without displaying current evidence of vehicle inspection or any other certificate or both (as may be required by the regulations or the rules); or
d: fails to comply with the regulations or the rules concerning evidence of vehicle inspection or any other certificate required by the regulations or the rules, or concerning the use of a traction engine that is required to have such evidence or certificate or both.
2: The maximum penalty on conviction for an offence against subsection (1)
3: For the purposes of this section, public place section 22B(3)
25: Contravention of
section 8
1: Section 38
1A: A person commits an offence if—
a: the person drives a motor vehicle, or causes a motor vehicle to be driven, carelessly; and
b: by that act or omission, causes an injury to or the death of another person.
2: Section 38(2) subsection (1) or subsection (1A)
26: Failure to secure load
Section 42 on a road , and any person loading that vehicle,
27: New
section 43A The principal Act is amended by inserting, after section 43
43A: Courts may impose appropriate fines for infringement offences that are not overloading offences
A court may impose a fine for an infringement offence, other than an overloading offence, that is not more than the maximum fine prescribed for that offence, whether the fine imposed is more than, the same as, or less than the prescribed infringement fee for that offence.
28: New
section 47 The principal Act is amended by repealing section 47
47: Contravention of
section 22(2), (3), (4), or (5)
1: A person commits an offence if the person, without reasonable excuse, fails to provide the particulars specified under section 22(2)
2: A person commits an offence if the person, without reasonable excuse, fails to report an accident involving an injury to or the death of a person, in accordance with section 22(3)
3: A person commits an offence if the person, without reasonable excuse, fails to report damage to a motor vehicle or other property, in accordance with section 22(4) or (5)
4: The maximum penalty on conviction for an offence against subsection (1) or subsection (2) or subsection (3)
29: Contravention of
section 97(5) (6)
1: Section 49(1)(a) sections 96 96A,
2: Section 49(1)(b) sections 96 96A,
30: Contravening notices, requirements, etc, given or imposed by enforcement officers
1: Section 52(1)
aa: is the driver of a vehicle that is stopped and fails to remain stopped in accordance with section 114(2A) .
2: Section 52(1)(a) or, if section 115(2A) Driving offences involving drink or drugs, and penalties and procedures
31: Contravention of specified breath or blood-alcohol limit
1: Section 56(4) section 58(1) or section 60(1) any of sections 58(1), 60(1), or 61(1) or (2)
2: Section 56(4)(b) 1 year or more more than 1 year
3: Section 56
4A: Subsection (4)(b) section 65
32: Contravention of
section 12
1: Section 58(3) and 60(1) 60(1), and 61(1) and (2)
2: Section 58(3)(b) 1 year or more more than 1 year
3: Section 58
3A: Subsection (3)(b) section 65
33: Failure or refusal to permit blood specimen to be taken
1: Section 60(3) and 58(1) 58(1), and 61(1) and (2)
2: Section 60(3)(b) 1 year or more more than 1 year
3: Section 60
3A: Subsection (3)(b) section 65
34: Person in charge of motor vehicle causing injury or death
1: Section 61(1) (2) on a road
2: Section 61(3)
b: the court must order the person to be disqualified from holding or obtaining a driver licence for 1 year or more in the case of a first or second offence against this section or section 56(1) or (2), or section 58(1), or section 60(1)
3: Section 61
3A: If a person is convicted of a third or subsequent offence against this section or section 56(1) or (2), or section 58(1), or section 60(1)
3B: Subsection (3A) section 65
35: Defences
Section 64
3A: It is no defence to proceedings for an offence against section 60
a: there was or may have been an error in the result of the breath screening test or evidential breath test; or
b: the occurrence or likely occurrence of any such error did not entitle or empower a person to request or require an evidential breath test or a blood test.
36: Mandatory penalties for repeat offences involving use of alcohol or drugs
Section 65 subsection (4)
4: The court must make an order that requires a person to attend an Assessment Centre and that disqualifies that person from holding or obtaining a driver licence until the Director removes that disqualification under section 100
a: the court convicts that person of a third or subsequent offence to which this section applies; and
b: the 2 or more previous offences were committed within 5 years of the date of the commission of the offence being dealt with by the court.
37: Who must give blood specimen in hospital or surgery
Section 73(5)
a: omitting the word A Despite subsection (3)(b)
b: omitting the words (other than subsection (3)(b) Offences and penalties relating to transport services
38: New
Part 6A The principal Act is amended by inserting, after Part 6
6A: Offences relating to transport services and penalties
79A: Offence to carry on transport service without licence
1: A person commits an offence if the person carries on any transport service without the appropriate current licence.
2: The maximum penalty on conviction for an offence against subsection (1)
3: A person who is convicted of a second or subsequent offence against subsection (1)
4: Any fees and charges incurred with respect to an impoundment under subsection (3)
5: Nothing in subsection (4)
6: A person may not remove or release from storage an impounded motor vehicle, unless allowed to do so under this Act.
7: The storage provider must immediately comply with a direction under this Act to release the vehicle to the owner or a person authorised for the purpose by the owner.
8: The Director, or a person authorised for the purpose by the Director, may enter into such arrangements with vehicle recovery service operators and storage providers as he or she thinks necessary for the purposes of this section. 1989 No 74, s 5(2), (5), (6)
79B: Provision of incorrect information
A licence holder or person having control of a transport service who notifies the Director that the licence holder or person holds the appropriate certificate, knowing that the information is incorrect or being reckless as to whether or not it is correct, commits an offence and is liable on summary conviction to a fine not exceeding $10,000. 1989 No 74 s 18(6)
79C: Failure to present vehicle for inspection
1: A transport service licence holder commits an offence if he or she fails to present his or her transport service vehicle for inspection when required to do so by the Director.
2: The maximum penalty on conviction for an offence against subsection (1)
79D: Contravention of
section 30K
1: A person commits an offence if the person applies for a transport service licence while disqualified from holding or obtaining a transport service licence.
2: If a person is convicted of an offence against subsection (1)
a: the maximum penalty is imprisonment for a term not exceeding 3 months or a fine not exceeding $4,500; and
b: the court must order the person to be disqualified from holding or obtaining a transport service licence for 6 months or more.
3: The imposition of a mandatory disqualification under this section is subject, with all necessary modifications, to the criteria specified in section 81
79E: Liability of persons who use unlicensed transport service
1: A person commits an offence if the person uses a transport service and knows or ought reasonably to know that, at the time the person used the transport service,—
a: the operator of the transport service did not hold an appropriate transport service licence; or
b: the operator of the transport service was disqualified from holding or obtaining a transport service licence; or
c: the transport service licence of the operator was suspended or revoked.
2: The maximum penalty on conviction for an offence against subsection (1)
79F: Contravention of
section 30M
1: A person who holds a goods service licence commits an offence if the person fails to comply with or contravenes any condition imposed in respect of the holder's licence under section 30M
2: The maximum penalty on conviction for an offence against subsection (1) 1989 No 74 s 8(4)
79G: Contravention of
section 87G
1: A person commits an offence if the person, having been prohibited under section 87G(1)(b)
2: A person commits an offence if the person, having been prohibited under section 87G(1)(c)
3: The maximum penalty on conviction for an offence against subsections (1) and (2)
4: A person commits an offence if the person applies for or obtains a driver licence, other than a driver licence that relates principally to the use of private motor vehicles, while the person is disqualified under section 87G(1)(a)
5: The maximum penalty on conviction for an offence against subsection (4) 1989 No 74 s 17(3)
79H: Contravention of
section 128A
1: A person who holds a passenger service licence or a driver of a small passenger service vehicle commits an offence if the person or the driver acts in contravention of or fails to comply with any direction given by an enforcement officer under section 128A
2: The maximum penalty on conviction for an offence against subsection (1) 1989 No 74 s 37(3)
79I: Contravention of
section 128B
1: A person who holds a vehicle recovery service licence or a driver of a vehicle recovery service vehicle commits an offence if the person or the driver acts in contravention of or fails to comply with any direction given by an enforcement officer under section 128B
2: The maximum penalty on conviction for an offence against subsection (1) 1989 No 74 s 38(3)
79J: Liability of employers and principal
If an offence is committed against this Part by a person as the employee, agent, or contractor of another person, that offence must be treated as having been committed by both persons, whether or not it was done with the other person's knowledge or approval, if it is proved that—
a: the other person—
i: knew, or could reasonably be expected to have known, that the offence was to be, or was being, committed; and
ii: failed to take the steps that were reasonably practicable to prevent the commission of the offence; and
b: the other person failed to take the steps that were reasonable in the circumstances to remedy the effects of the act or omission that gave rise to the offence. 1989 No 74 s 5(3)
79K: Liability of directors of bodies corporate
If a body corporate is convicted of an offence against this Part, every director of the body corporate also commits the offence and is liable to the same penalty if it is proved that—
a: the act or omission that constituted the offence took place with his or her express or implied authority; and
b: he or she failed to take all reasonable steps to prevent or stop that act, or remedy that omission. 1989 No 74 s 5(4)
79L: Court may require convicted transport service licence holder to sit examination
The court may require a transport service licence holder to sit, or re-sit, the Certificate of Knowledge of Law and Practice examination if the transport service licence holder is convicted of—
a: an offence under this Part or any regulations pertaining to the operation of a licensed transport service; or
b: any other offence under this Act that is applicable to a vehicle used in a licensed transport service.
79M: Penalties for failure to pay passenger service fares
1: A person who fails to pay a passenger service fare that he or she is liable to pay commits an infringement offence.
2: The maximum penalty, on summary conviction for an offence against subsection (1) Offences relating to work time and logbooks
39: New
Part 6B The principal Act is amended by inserting, after Part 6A
6B: Offences relating to work time and logbooks
1: Work time
79N: Failure to keep or produce records or comply with conditions of exemption or approval
Every person commits an offence who fails or refuses to comply with any of the requirements of section 30ZD section 30ZA(1)(a) or (c)
a: in the case of a driver, to a fine not exceeding $2,000, and the person may, for a period of 1 calendar month or such greater period as the court thinks fit, be disqualified from holding or obtaining a licence to drive a vehicle that—
i: requires a class 2, 3, 4, or 5 licence (as specified in the rules); and
ii: is used in the relevant transport service; and
iii: is used to carry goods for hire or reward; or
b: in any other case, to a fine not exceeding $100,000. 1962 No 135 s 70B(7)
79O: Failure to comply with prescribed work time restrictions or rest time requirements
Every person commits an offence who fails to comply with any work time restrictions or rest time requirements prescribed in this Act or the rules, and is liable on conviction to,—
a: in the case of a person exceeding the work time restrictions or failing to comply with the rest time requirements by less than 60 minutes, a fine not exceeding $2,000, and, as the court thinks fit,—
i: the person may, for a period of 1 calendar month or any greater period that the court thinks fit, be disqualified from holding or obtaining a licence to drive a vehicle that—
A: requires a class 2, 3, 4, or 5 licence (as specified in the rules); and
B: is used in the relevant transport service; and
C: is used to carry goods for hire or reward; or
ii: the person must complete a work time and log-book course approved by the Director:
b: in the case of a person exceeding the work time restrictions or failing to comply with the rest time requirements by 60 minutes or more in a cumulative work day, a fine not exceeding $2,000, and the person must, for a period of 1 calendar month or any greater period that the court thinks fit, be disqualified from holding or obtaining a licence to drive a vehicle that—
i: requires a class 2, 3, 4, or 5 licence (as specified in the rules); and
ii: is used in the relevant transport service; and
iii: is used to carry goods for hire or reward; or
c: in the case of a person exceeding the work time restrictions or failing to comply with the rest time requirements by 120 minutes or more in a cumulative work period, a fine not exceeding $2,000, and the person must, for a period of 1 calendar month or any greater period that the court thinks fit, be disqualified from holding or obtaining a licence to drive a vehicle that—
i: requires a class 2, 3, 4, or 5 licence (as specified in the rules); and
ii: is used in the relevant transport service; and
iii: is used to carry goods for hire or reward.
79P: Defences to work time offences
1: It is a defence in any proceedings for an offence under this subpart if the defendant proves that the failure to comply with subpart 1 of Part 4B
a: circumstances that could not reasonably have been foreseen by the defendant; or
b: an emergency.
2: For the purposes of subsection (1) emergency
a: a state of emergency declared under the Civil Defence Emergency Management Act 2002
b: an incident attended by an emergency service; or
c: an event requiring immediate action to save life or prevent serious injury. 1962 No 135 s 70B(8)
2: Logbooks
79Q: Failure to discharge duties regarding logbooks
Every person who fails or refuses to comply with any requirement of or demand made under section 30ZH
a: in the case of a driver, to a fine not exceeding $2,000, and the person may, for a period of 1 calendar month or any greater period that the court thinks fit, be disqualified from holding or obtaining a licence to drive a vehicle that—
i: requires a class 2, 3, 4, or 5 licence as specified in the rules); and
ii: is used in the relevant transport service; and
iii: is—
A: a heavy motor vehicle; and
B: used to carry goods for hire or reward:
b: in any other case, to a fine not exceeding $25,000. 1962 No 135 s 70C(8)
79R: Offences and proceedings concerning logbooks
1: Every person commits an offence who—
a: maintains a logbook under section 30ZF
b: makes or causes to be made any false statement in a logbook or allows any omission to occur in the logbook.
2: Every person commits an offence who, being the driver of a vehicle to which section 30ZF or section 30ZG
a: on demand by an enforcement officer fails to produce without delay all logbooks that are so demanded; or
b: on demand by an enforcement officer produces any logbook that is false in a material particular, whether or not the driver knows of the falsehood; or
c: on demand by an enforcement officer produces any logbook—
i: that omits a material particular, whether or not the driver knows of the omission; or
ii: in which any material particular is entered illegibly or in such a manner that the matters specified in the rules cannot be readily ascertained.
3: Every person, not being the driver of the vehicle, commits an offence where the person requires, directs, or allows a vehicle to which section 30ZF or section 30ZG
a: a logbook is not maintained in respect of the driving of that vehicle, whether or not the person knows that a logbook is not maintained; or
b: the logbook maintained in respect of the driving of that vehicle is false in a material particular, whether or not the person knows of the falsehood; or
c: the logbook maintained in respect of the driving of that vehicle omits a material particular, whether or not the person knows of the omission.
4: Every person who commits an offence against this section is liable on conviction,—
a: in the case of a driver to a fine not exceeding $2,000, and the person may, for a period of 1 calendar month or any greater period that the court thinks fit, be disqualified from holding or obtaining a licence to drive a vehicle that—
i: requires a class 2, 3, 4, or 5 licence (as specified in the rules); and
ii: is used in the relevant transport service; and
iii: is—
A: a heavy motor vehicle; and
B: used to carry goods for hire or reward:
b: in any other case, to a fine not exceeding $25,000. 1962 No 135 s 70D(1)-(3), (10)
79S: Defences to logbook offences
1: It is a defence to a charge under section 79R(1) or section 79R(2) or section 79R(3)
2: In the case of a defendant who was not the driver of the vehicle to which the charge relates, it is a defence to a charge under section 79R(1) or section 79R(3)(b) or section 79R(3)(c)
a: reasonable steps were taken by the defendant to prevent the false statement or material omission in the logbook; and
b: as soon as reasonably practicable after the false statement or material omission was drawn to the person's attention by any enforcement officer authorised to demand the production of logbooks under section 30ZH(2)
3: Except as provided in subsection (4), subsection (2)
a: stating that the defendant intends to rely on subsection (2)
b: specifying the reasonable steps that the defendant will claim to have taken.
4: In any proceedings relating to a charge to which subsection (2) subsection (3) subsection (2) 1962 No 135 s 70D(4)-(7) Offences relating to chain of responsibility
40: New
Part 6C The principal Act is amended by inserting, after Part 6B
6C: Offences relating to chain of responsibility
79T: Offence to cause or require driver to breach speed limits, maximum work time, or rest time requirements
Every person commits an offence, and is liable on conviction to a fine not exceeding $25,000, who, by act or omission, directly or indirectly causes or requires (whether or not the sole cause) a driver to—
a: exceed any applicable speed limit if that—
i: person knew, or should have known, that the speed limit would be, or would likely be, exceeded; and
ii: driver is a driver to whom subpart 1 of Part 4B
b: exceed the maximum work time prescribed in this Act or the rules if that person knew, or should have known, that the maximum work time would be, or would likely be, exceeded; or
c: fail to comply with the rest time requirements prescribed in this Act or the rules if that person knew, or should have known, that the rest time requirements would not be, or would likely not be, complied with; or
d: fail to maintain a logbook in the prescribed manner if that person knew, or should have known, that the failure to maintain the logbook would contravene subpart 2 of Part 6B
41: New
section 79U The principal Act is amended by inserting, after section 79T
79U: Offence to cause or require driver to breach maximum gross weight limits
Every person commits an offence, and is liable on conviction to a fine not exceeding $25,000, who, by act or omission, directly or indirectly causes or requires (whether or not the sole cause) a driver to operate a vehicle or combination of vehicles in breach of the applicable maximum gross weight limits for that vehicle or combination of vehicles if that person knew, or should have known, that the breach would, or would be likely to, occur. Disqualification, demerit points, licence suspension, and vehicle impoundment
42: Provisions relating to mandatory disqualification
1: Section 81(1) driver licence or transport service licence
2: Section 81(2)
a: omitting the expression 68 65
b: inserting, after the words driver licence or transport service licence
43: Holder to undergo prescribed tests if disqualified for more than 1 year
1: The heading to section 83 prescribed tests approved tests or courses
2: Section 83(1) paragraph (a)
a: the licence continues to be of no effect after the disqualification ends until the person applies for the same class of licence and the person qualifies for the licence by any or all (as the case may be) of the following:
i: completing any courses approved by the Director for that purpose:
ii: passing the tests and examinations approved by the Director for that purpose; and .
3: Section 83
1A: If a person to whom subsection (1)
a: issue a new licence to that person with the supervisory condition (if any) applicable to a learner licence for that class of vehicle as specified in the rules; or
b: endorse that person's existing licence with the supervisory condition (if any) applicable to a learner licence for that class of vehicle as specified in the rules.
44: New
section 84 The principal Act is amended by repealing section 84
84: New licence or endorsement to be issued if disqualified driver qualifies for specified vehicle classes
1: This section applies if—
a: section 83(1)
b: the person—
i: applies for a class of licence that the person held immediately before that person was disqualified; and
ii: qualifies for that class of licence by any or all of the following:
A: completing any courses approved by the Director for that purpose:
B: passing the tests and examinations approved by the Director for that purpose.
2: If this section applies, then the Director must—
a: issue a new licence to that person to authorise that person to drive the relevant class of motor vehicle and all lower classes of motor vehicles for which that person held a licence immediately before he or she was disqualified; or
b: endorse that person's existing licence to authorise that person to drive the relevant class of motor vehicle and all lower classes of motor vehicles for which that person held a licence immediately before he or she was disqualified.
3: A class of licence to drive a motorcycle does not entitle a person to drive a motor vehicle other than a motor vehicle authorised by that class of licence.
45: New
sections 87A to 87G The principal Act is amended by inserting, after section 87 Disqualification of transport service driver and other persons
87A: Disqualification of transport service driver
If the Director is satisfied that a transport service driver is not a fit and proper person within the meaning of subpart 2 of Part 4A 1989 No 74 s 15(1)
87B: Disqualification of holder of transport service licence from holding transport service licence
If the Director revokes a transport service licence, the Director may disqualify, for a period not exceeding 10 years, the holder of the transport service licence, or any other person who was in control of or involved in the transport service and whose fitness and propriety was the basis of, or contributed to, a decision to revoke the transport service licence, from—
a: holding or obtaining a transport service licence:
b: having any form of control of a transport service.
87C: Procedure for disqualifying person under
section 87A or section 87B Subpart 5 of Part 4A section 87A or section 87B 1989 No 74 s 15(2) Suspension of transport service driver and other persons
87D: Immediate suspension of transport service driver and other persons in interests of public safety
1: If the circumstances described in subsection (2)
a: driving any vehicle used in a transport service (other than a rental service) or a specified class of transport service:
b: being a driving instructor or testing officer, as the case may be.
2: The circumstances referred to in subsection (1)
a: the Director considers that—
i: the person concerned is not a fit and proper person within the meaning of subpart 2 of Part 4A
ii: the interests of public safety, or the need to ensure that the public is protected from serious or organised criminal activity, would seem to require immediate suspension of the person as a transport service driver, driving instructor, or testing officer, as the case may be; or
b: the person has been charged with any offence that is of such a nature that the interests of public safety, or the need to protect the public against serious or organised criminal activity, would require that a person convicted of committing such an offence not be a transport service driver, or driving instructor, or testing officer, as the case may be.
3: In this section and sections 87E and 87F driving instructor Part 5 of the Land Transport (Driver Licensing) Rule 1999 testing officer Part 5 of the Land Transport (Driver Licensing) Rule 1999 1989 No 74 s 16(1)
87E: Procedure for suspending a person under
section 87D Subpart 5 of Part 4A section 87D 1989 No 74 s 16(2)
87F: Term of suspension
1: A suspension under section 87D
2: The Director may at any time withdraw a suspension imposed under section 87D
3: If any suspension has been imposed in respect of a person to whom section 87D(2)(b)
a: the charge is withdrawn in circumstances where it is not replaced with another charge based on the same circumstances; or
b: the person is found not guilty of the offence charged. 1989 No 74 s 16(1), (3), (4) Effect of disqualification or suspension of transport service driver and other persons
87G: Effect of disqualification or suspension of transport service driver and other persons
1: If the Director disqualifies or suspends any person from driving a transport service vehicle or being a driving instructor or testing officer under either section 87A or section 87D
a: revoke or suspend any driver licence held by the person, not being a licence of a class that relates principally to the use of private motor vehicles, and disqualify the person from holding or obtaining any such licence; and
b: prohibit the person from driving any vehicle used in a transport service (other than a rental service vehicle) or a specified class of transport service, even though the person may obtain or continue to hold a driver licence of a class that, although it relates principally to the use of private motor vehicles, also entitles the person to drive a transport service vehicle; and
c: prohibit the person from carrying out duties or activities as a driving instructor or testing officer.
2: Nothing in this section or in any of sections 87A to 87F 1989 No 74 s 17(1) (2)
46: Demerit points to be recorded by Director
Section 88 subsection (5)
5: For the purposes of subsections (1) and (4)
a: the date on which the infringement notice was issued is to be treated as the date on which the offence was committed; and
b: a summary conviction for the offence is to be treated as having been entered against the offender on the date of the payment of the infringement fee.
47: New
section 90 The principal Act is amended by repealing section 90
90: Suspension of licence or disqualification from driving under demerit points system
1: If, in any 2-year period, a total of 100 or more demerit points have effect against a person, the Director must, by notice in writing given to that person, either—
a: suspend that person's current driver licence for 3 months; or
b: if the person does not hold a current driver licence on the date of the giving of the notice, disqualify the person from holding or obtaining a driver licence for 3 months.
2: If the Director has been unsuccessful in giving notice to a person under subsection (1)
a: suspend that person's current driver licence for 3 months; or
b: if the person does not hold a current driver licence on the date of the giving of the notice, disqualify the person from holding or obtaining a driver licence for 3 months.
3: A suspension or disqualification under subsection (1) or subsection (2)
4: A person whose driver licence has been suspended under subsection (1) or subsection (2)
48: Substitution of community-based sentences
1: Section 94
3A: For the purposes of subsection (3)(a)
a: that sentence is appropriate; and
b: a suitable programme is available; and
c: the offender attends a suitable programme.
2: Section 94 subsection (4)
4: This section does not apply if—
a: section 63 or section 65
b: the offender is prohibited from applying for a limited licence under section 103(2)(a), (b), or (d)
49: Mandatory 28-day suspension of driver licence in certain circumstances
1: Section 95(1) paragraph (a)
a: undergone an evidential breath test or blood test under this Act and been found,—
i: for an offence, where the person has previously been convicted of an offence against any of sections 56(1) or (2), 58(1), 60(1), or 61(1) or (2)
A: to have a breath alcohol concentration exceeding 400 micrograms of alcohol per litre of breath; or
B: to have a blood alcohol concentration exceeding 80 milligrams of alcohol per 100 millilitres of blood:
ii: in any other case,—
A: to have a breath alcohol concentration exceeding 650 micrograms of alcohol per litre of breath; or
B: to have a blood alcohol concentration exceeding 130 milligrams of alcohol per 100 millilitres of blood; and .
2: Section 95(1) paragraph (c)
c: driven a motor vehicle on a road at a speed exceeding—
i: the applicable permanent posted speed limit by more than 40 km an hour (which speed was detected by a means other than approved vehicle surveillance equipment); or
ii: any other speed limit by more than 50 km an hour (which speed was detected by a means other than approved vehicle surveillance equipment).
3: Section 95(1A) 800 650
4: Section 95(1A)(b) 160 130
5: Section 95(8)(a) 160 130
50: Vehicle seized and impounded for 28 days in certain circumstances
1: Section 96(1) ; or
d: the person—
i: had a—
A: breath alcohol concentration exceeding 400 micrograms of alcohol per litre of breath; or
B: blood alcohol concentration exceeding 80 milligrams of alcohol per 100 millilitres of blood; or
C: failed or refused to undergo a blood test, after having been required or requested to do so under section 72 or section 73
ii: had been convicted of 2 or more previous offences against any of sections 56(1) or (2), 58(1), 60(1), or 61(1) or (2)
2: Section 96
1E: An enforcement officer who seizes and impounds (or authorises the impoundment of) a motor vehicle because he or she believes on reasonable grounds that a person has undergone an evidential breath test and has been found to have a breath alcohol concentration exceeding 400 micrograms of alcohol per litre of breath,—
a: must give the person a notice under subsection (2) section 70A
b: a further notice is not required and must not be given under subsection (2)
3: Section 96
6A: A vehicle to which a notice under this section relates must be released to the owner when the result of the blood test (if any) is notified to the person who drove the vehicle in circumstances referred to in subsection (1)(d)
a: the blood test shows that he or she had a blood alcohol concentration of, or less than, 80 milligrams of alcohol per 100 millilitres of blood; and
b: the vehicle has not already been released.
4: Section 96(8)(a) a traffic improvement school an approved course or programme
5: Section 96(8)(b) school course or programme
51: New
section 96A The principal Act is amended by inserting, after section 96
96A: Impoundment of vehicle used in transport service
1: An enforcement officer must seize and impound, or seize and authorise the impoundment of, a motor vehicle that is being used in a transport service for 28 days if the officer believes on reasonable grounds that a person drove the vehicle on a road while—
a: the transport service operator was disqualified from holding or obtaining a transport service licence; or
b: the transport service operator's transport service licence was suspended or revoked; or
c: the transport service operator—
i: does not hold a transport service licence; and
ii: has previously been forbidden to operate a transport service.
2: An enforcement officer who seizes and impounds (or authorises the impoundment of) a vehicle under this section must—
a: complete a notice in the prescribed form, or in a form to the same effect, acknowledging the seizure and impoundment, and setting out (if the particulars are reasonably ascertainable)—
i: the name and address of the driver; and
ii: the name and address of the transport service operator, if different from the driver; and
iii: the year of manufacture and make of the vehicle, and its registration plate details or vehicle identification number; and
iv: the date and time of the seizure; and
v: the place where the vehicle is to be impounded; and
vi: an outline of the person's rights of appeal under sections 102 and 110
b: give the driver a copy of the notice, unless the driver has left the scene; and
c: give the registered owner of the vehicle a copy of the notice, if the registered owner is present at the time of the seizure, or as soon as practicable send a copy to the registered owner by ordinary post to the registered owner's last known place of residence or business or postal address, or address as recorded on the Motor Vehicle Register; and
d: cause a copy of the notice to be given to the storage provider who stores the motor vehicle; and
e: retain a copy of the notice for 12 months.
3: The owner of an impounded vehicle has the rights of appeal provided in sections 102 and 110
4: Personal property (other than property attached to or used in connection with the operation of the vehicle) present in a motor vehicle at the time of the seizure and impoundment must be released on request to a person who produces satisfactory evidence to the effect that he or she was lawfully entitled to possession of the vehicle or personal property immediately before the vehicle was moved; and goods present in a motor vehicle at the time of the seizure and impoundment must be released subsequently to a person acting on behalf of the owner of the goods if the person produces satisfactory evidence of the owner's consent to such release.
5: An enforcement officer does not have to seize or impound a motor vehicle if the officer has good cause to suspect that the vehicle is a stolen vehicle or had been converted, is a write-off, or has suffered severe damage.
6: A vehicle to which a notice under this section relates must be released to the owner if—
a: the Director or the police have decided finally that proceedings will not be taken against the transport service operator or the person who drove the vehicle in circumstances referred to in subsection (1)
b: the vehicle has not already been released.
7: Nothing in subsection (1)
8: Sections 97 and 98
52: Release of vehicle after 28 days
Section 98(4)(a) 28 days 10 days Mitigation of penalties and rights of appeal
53: Court may remove disqualification
1: The heading to section 99 remove reduce
2: Section 99 subsection (1)
1: A person (the applicant
a: has more than 1 year of an existing disqualification or disqualifications left to serve; and
b: has not been convicted in the previous 2 years of offences against any of the following sections of this Act:
i: section 35(1)(a) or (b)
ii: section 36(1)
iii: section 36A(1)(a) or (c)
iv: section 36A(2)
v: section 39(1)
vi: section 56(1) or (2)
vii: section 58(1)
viii: section 60(1)
ix: section 61(1) or (2)
x: section 62(1)
c: has not been convicted in the previous 2 years or concurrently of an offence against section 171 of the Crimes Act 1961
d: has not been convicted of offences against section 32(1)(a) or (b) or (c)
1A: For the purposes of subsection (1)(b), (c), and (d)
3: Section 99(2)(a) remove reduce
4: Section 99(3) paragraph (a)
a: whether or not the opportunity to attend a programme approved under section 99A .
5: Section 99(3)(b) course approved programme
6: Section 99(3)(c) a course an approved programme
7: Section 99(5) exercising jurisdiction in the court by which the order was made
54: New
section 99A The principal Act is amended by inserting, after section 99
99A: Director may approve programmes
1: The Director may approve any programme for the purposes of sections 32 and 99
2: When approving a programme, the Director may consult with any persons that the Director considers appropriate having regard to the nature of the programme and the persons to whom it is targeted.
55: Director to remove certain disqualifications
1: Section 100(1) paragraph (b)
2: Section 100(3) 2 years 1 year and 1 day
56: Appeal to police against impoundment of vehicle
1: Section 102(1) section 96 or section 96A
2: Section 102(1)(b)
a: inserting, after the expression section 96 or section 96A
b: omitting the words that section those sections
3: Section 102(1) ; or
h: if section 96A
i: was disqualified from holding a transport service licence; or
ii: had the relevant transport service licence suspended or revoked; or
iii: did not hold a transport service licence and had previously been forbidden to operate a transport service.
57: Persons who may apply to court for limited licence
Section 103(2)(d) ; or
iv: for an offence against a provision of the Transport Act 1962 subparagraphs (i) to (iii)
58: Issue of limited licence to be delayed or prohibited in certain cases
Section 104 subsection (3)
3: No order may be made under section 105
a: for the purposes of conducting driving tests or acting as a driving instructor; or
b: in a passenger service, unless the accumulation of demerit points is the only reason for the suspension of that person's driver licence.
59: Court may make order authorising grant of limited licence
Section 105
9: Despite section 104(3)(b)
60: Appeals against court orders relating to disqualification or grant of limited licence, and deferral of disqualification
Section 107 subsections (1) (2)
1: A person who has been disqualified by order of a District Court from holding or obtaining a driver licence may appeal to the High Court against a decision of a District Court by—
a: refusing to grant the person a limited licence; or
b: refusing to reduce the person's disqualification.
2: If it thinks fit, a District Court may, on an application by a person who has appealed to the High Court under subsection (1) or section 107 or section 115 of the Summary Proceedings Act 1957
2A: If the District Court refuses to defer the operation of the disqualification order pending the appeal, the person who applied for the disqualification order to be deferred may appeal to the High Court against that decision of the District Court.
2B: Part 4 of the Summary Proceedings Act 1957 subsection (1) or subsection (2A)
61: New
sections 111A 111B
1: The principal Act is amended by inserting, after section 111
111A: Appeal to High Court on question of law
1: A party to an appeal under section 106
2: An appeal under this section must be heard and determined in accordance with the rules of the High Court.
111B: Further appeal to Court of Appeal
1: This section applies to appeals under this Act with respect to the offences specified in Part 6A
2: If this section applies, a party to an appeal who is dissatisfied with the decision of the High Court in respect of the appeal as being erroneous in law may, with the leave of the High Court or (if that leave is declined) with special leave of the Court of Appeal, appeal to the Court of Appeal on that question of law.
3: The Court of Appeal may make any order or determination that it thinks fit in relation to the appeal.
4: The decision of the Court of Appeal on an appeal or any application for leave to appeal is final.
5: Except as provided in this section, the procedures in respect of an appeal under this section must be in accordance with the ordinary rules of court. 1989 No 74 s 46
2: Section 111(4) section 107 sections 107, 111A, and 111B
3: This section applies to every appeal under this Act to a District Court, whether the appeal is commenced before or after the commencement of this section, subject to the right of appeal being exercised within the applicable time limit in Part 4 Summary Proceedings Act 1957 Enforcement of responsibilities
62: Enforcement officers may enforce transport legislation
Section 113(2)
f: forbid a person who is operating a transport service without a licence to operate that transport service.
63: New
section 113A The principal Act is amended by inserting, after section 113
113A: Power to inspect records
1: For the purpose of ascertaining whether this Act has been or is being complied with by any person to whom this Act applies, any enforcement officer in uniform or in possession of a warrant or other evidence of his or her authority as an enforcement officer may require that person to produce without delay for inspection all relevant books or records in that person's possession or over which that person has control, including (but not limited to) logbooks, records associated with log-books, financial records relating to expenditure on fuel, invoices, vehicle maintenance records, depreciation records for vehicles, time and wage records, and waybills.
2: The enforcement officer may take extracts from or make copies of any books or records so produced. 1989 No 74 s 63A
64: Power to require driver to stop and give name and address, etc
Section 114
2A: Subject to subsections (4) and (5)
65: Enforcement officers may give directions prohibiting driving of vehicles
Section 115 subsections (1) (2)
1: An enforcement officer who believes on reasonable grounds that a vehicle does not comply with the regulations or the rules or a particular requirement of the regulations or the rules, may—
a: affix or cause to be affixed to the vehicle a notice in the form approved by the Authority by notice in the Gazette
b: give the driver or owner of the vehicle a notice in a form approved by the Authority by notice in the Gazette
2: A notice given under subsection (1)
a: has been inspected by a person authorised by the Director; and
b: the person is satisfied that the vehicle has been made to comply with the regulations and the rules or with the particular requirement of the regulations or the rules; and
c: new evidence of vehicle inspection has been issued for the vehicle by a person authorised by the Director and is displayed on that vehicle.
2A: Despite subsection (2) subsection (1)
a: the vehicle has been made to comply with the regulations and the rules or with the particular requirement of the regulations or the rules; and
b: the enforcement officer has been notified in writing that the vehicle complies with the regulations and the rules or with the particular requirement of the regulations or the rules.
66: Owner or hirer to give information as to identity of driver or passenger
1: The heading to section 118 hirer or licence holder
2: Section 118(3)
a: inserting, after the expression subsection (2)
b: inserting, after the word hirer
3: Section 118
6: If the holder of a transport service licence employs any person to drive a vehicle under that licence, the licence holder, on being informed of any offence alleged to have been committed by that person or by a person driving a vehicle being used under the licence, and on being requested to do so by an enforcement officer, must supply in writing the full name and address of the driver.
4: Section 118 1962 No 135 s 67 s 32(1)
67: Powers of entry
1: Section 119(3) section 96 or section 96A
2: Section 119(4) section 96 or section 96A
3: Section 119(5) section 96 or section 96A
68: Enforcement officer may immobilise vehicle, etc, if driver incapable of proper control of vehicle
Section 121(1)(a)(ii) driving hours work time or rest time
69: New
sections 128A 128B The principal Act is amended by inserting, after section 128
128A: Enforcement officer's powers in respect of non-complying small passenger service vehicles
An enforcement officer who is in uniform or who produces evidence of identity as an enforcement officer may direct the driver of any small passenger service vehicle that is not in compliance with section 30B 1989 No 74 s 37(2)
128B: Enforcement officer's powers in respect of non-complying vehicle recovery service vehicles
Any enforcement officer who is in uniform or who produces evidence of identity as an enforcement officer may direct the driver of any vehicle recovery service vehicle that is not in compliance with any rule or regulation to cease making the vehicle available for towing or carrying until such time as the vehicle is in compliance with the rules or regulations. 1989 No 74 s 38(2)
70: Strict liability for offences involving insecure loads and loads falling from vehicles
Section 134(4)(a) 2005 2009 Proceedings enforcing responsibilities
71: Offences punishable summarily
Section 135
1A: Every information for an offence against Part 6A or Part 6B
1B: In the absence of proof to the contrary it is presumed that every information for an offence against Part 6A or Part 6B subsection (1A)
72: Time for instituting proceedings
Section 136(3) paragraph (b)
b: an offence against this Act concerning—
i: work time under subpart 1 of Part 6B
ii: logbooks under subpart 2 of Part 6B
iii: the issue of installation certificates and inspection certificates for alternative fuel systems.
73: New
section 145A The principal Act is amended by inserting, after section 145
145A: Evidence and proof
In any proceedings for an offence against Part 6A
a: if it is proved that passengers or goods were carried in or on any motor vehicle, the passengers or goods are deemed to have been carried in such a manner as to bring the motor vehicle under the requirements of this Act unless the defendant satisfies the court to the contrary:
b: evidence of the contents of the register maintained under section 199A
c: the production of a certificate signed by the Director or by an officer of the Authority authorised for that purpose by the Director to the effect that on a specified date a person was or was not the holder of any transport service licence or any specified type of transport service licence is sufficient evidence of the matter certified, until the contrary is proved:
d: it is to be presumed that every certificate purporting to have been certified or given under this section has been certified or given by the Director or by an officer of the Authority authorised by the Director to certify documents or give certificates under this section, until the contrary is proved. 1989 No 74 s 63
74: Evidence of testing and accuracy of speed-measuring devices, etc
Section 146(1) evidence proof Land transport subordinate legislation
75: Rules concerning vehicles
Section 155
ea: provide for the periodical or other examination of traction engines and the issue of a certificate of compliance for boilers and other pressure vessels: .
76: Rules concerning licensing, standard-setting, etc
1: Section 158(b)(vi)(A) on-duty time, the off-duty periods, and rest periods work time and rest time
2: Section 158(b)
vii: set out categories of safety performance for transport service operators and approved taxi organisations and provide the means for assessing (and re-assessing) and publishing levels of safety performance in relation to those categories:
viii: empower the Director to approve tests, courses, and course providers for the purpose of issuing certificates of knowledge of law and practice or area knowledge certificates or other certificates:
ix: specify the circumstances in which the Director can require an applicant for, or the holder of, a certificate of knowledge of law and practice or an area knowledge certificate or other certificates to undergo such tests, including (but not limited to) a second or subsequent test:
x: specify the drivers involved in transport services that must display or wear a photographic identification card and the details of such a card:
xi: specify the requirements for approved taxi organisations, including (but not limited to) those required by persons in control of the approved taxi organisation:
xii: provide for the notification of vehicles used in a transport service:
xiii: provide for the issue of certificates of responsibility where a person other than the owner operates a vehicle in a transport service under licence:
xiv: provide for the display of identification on goods service vehicles, vehicle recovery service vehicles, and large passenger service vehicles:
xv: provide for registers of complaints and prescribing the matters to be entered in such registers and the manner in which they are to be entered and maintained, and the manner in which they are to be made available for inspection:
xvi: provide for the giving by any person in relation to any transport service carried on by the person of information relating to that service and prescribing the nature of the information and the form, manner, and time in or at which it is to be given:
xvii: specify requirements for a small passenger service including signs, notices, fares, equipment, identification, driver duties and conduct, availability, complaint management, record keeping, and vehicle condition:
xviii: specify requirements for a vehicle recovery service including identification, driver duties and conduct, operator duties, complaints management, record keeping, and towing restrictions and authorisations:
xix: specify requirements for a rental service including a register of vehicles and hirers, details to be included in a rental service agreement, insurance requirements, the ability of rental service licence holders to charge hirers for fees incurred from owner-liability offences, and any requirements that rental service operators must comply with when charging for owner-liability offence fees:
xx: provide for the approval of qualifications and specify conditions for the safe use of traction engines.
77: Rules concerning land transport documents
Section 159(3)(a) section 24 of the Transport Services Licensing Act 1989 subpart 2 of Part 4A
78: Regulations
1: Section 167(1)(e) ; or
iv: in the case of an overloading offence, may not exceed $10,000: .
2: Section 167(1)
ma: exempting any service or class or category of service from being a transport service for the purposes of Part 4A and Part 6A
mb: exempting any vehicle or class or category of vehicle from being a transport service vehicle for the purposes of Part 4A and Part 6A .
79: Regulations relating to fees and charges for land transport
1: Section 168(1)(a) , the Transport Services Licensing Act 1989
2: Section 168(2) times of use, or different distances,
80: New
section 168A The principal Act is amended by inserting, after section 168
168A: Director may declare that vehicle is mobility device or is not motor vehicle
1: If a vehicle or type of vehicle is powered solely by a motor that has a maximum power output not exceeding 1 500 W, the Director may, by notice in the Gazette
2: If a vehicle or type of vehicle is propelled by a motor that has a maximum power output not exceeding 300 W, the Director may, by notice in the Gazette
3: If a vehicle or type of vehicle is propelled by a motor that has a maximum power output greater than 300 W but not exceeding 600 W, the Director may, by notice in the Gazette
4: If the Director makes a declaration under subsection (3)
a: impose conditions with respect to—
i: the operation of the vehicle or type of vehicle; and
ii: the equipment required on the vehicle or type of vehicle; and
b: specify those conditions in the notice.
5: A notice given under this section is a regulation for the purposes of the Regulations (Disallowance) Act 1989 Acts and Regulations Publication Act 1989 Land Transport New Zealand
81: Functions and powers of Director
1: Section 197(1) under section 73 of the Crown Entities Act 2004
2: Section 197(3)(a) (if any)
82: Authority to maintain register of driver licences
1: Section 199(2) paragraph (c)
c: the original date of issue of the licence and the date of issue of the current licence: .
2: Section 199(2)(l) section 17 of the Transport Services Licensing Act 1989 Part 4A
3: Section 199(6)(b) certificate application
4: Section 199(7) (3) (4)
5: Section 199(8) (3) to (5) (4) to (6)
83: New
section 199A The principal Act is amended by inserting, after section 199
199A: Register of transport service licences
1: The Authority must continue and maintain the register of transport service licences that was established under section 29 of the Transport Services Licensing Act 1989
2: The register must show for each licence the following information:
a: the holder's full name:
b: if the holder is a natural person, the holder's date of birth:
c: the holder's business or residential address:
d: the full name and address of any person in control:
e: the number of the licence:
f: the date of issue of the licence:
g: the class or classes of transport services to which the licence applies:
h: information about any operator safety rating, or other similar information, specified in the regulations or the rules:
i: any conditions applying to the licence:
j: information about any revocation, suspension, or surrender:
k: information about any order of disqualification made against the holder of the licence under this Act or any former enactment:
l: information about any order removing a disqualification imposed on the holder under this Act or any former enactment:
m: the dates of any amendments to the licence.
3: The register of transport service licences must also show the following information for an approved taxi organisation:
a: the full name of the approved taxi organisation; and
b: the business address of the approved taxi organisation; and
c: the telephone number by which the services of the approved taxi organisation may be booked; and
d: the full names of the responsible officers of the approved taxi organisation; and
e: the date of approval; and
f: the status of the approval; and
g: the safety rating (if any) of the approved taxi organisation.
4: A person who applies to the Director and pays the prescribed fee (if any)—
a: is, with the consent of the holder of the transport service licence named in the application, entitled to the information stored in the register in respect of the licence holder; but
b: is, without the consent of the holder of the transport service licence named in the application, entitled only to the information stored in the register in respect of the licence holder that is—
i: specified in subsection (2)(a) and (g) to (1)
ii: in the case of an approved taxi organisation, specified in subsection (3)(a) to (c) and (e) to (g)
5: An application under subsection (4)
a: may be made in writing or electronically or orally; and
b: must describe the person named with sufficient particularity to enable the Director to identify the person and the licences concerned.
6: Information requested under subsection (4) 1989 No 74 s 29
84: Restrictions on access to photographic images of driver licence holders
1: Section 200(1) subsection (2) this section
2: Section 200
2A: A person who is the next of kin of a deceased individual to whom a photographic image stored under section 28(5)
a: on production to the Director of—
i: a death certificate (within the meaning of section 2 of the Births, Deaths, and Marriages Registration Act 1995
ii: the grant of probate of the will of the individual or of letters of administration to the individual's estate; and
b: only if the person who is seeking access to the photographic image satisfies the Director that the person is the individual's next of kin.
3: Section 200
4: For the purposes of this section, next of kin Miscellaneous provisions
85: Appointment of enforcement officers and dangerous goods enforcement officers
Section 208(3) paragraph (a)
a: an enforcement officer for the purposes of any of Parts 4A, 4B, 6A, and 6B sections 22B, 22C, 36B, 113(2)(f), 113A, 115, 118(6), 124, 128A, 128B, 135(1A), 138, and 139 .
86: New
section 211A The principal Act is amended by inserting, after section 211
211A: Payment of fees
All fees and other money (not being fines, infringement fees, or other penalties) received or recovered for the purposes of Part 4A 1989 No 74 s 65
87: Repeals
Section 214(3) 2005 2009
88: Transitional regulations
Section 216
d: prescribing matters that would otherwise be covered by rules made under section 158
89: Expiry of
section 216 Section 217 2005 2009
90: Expiry of
section 218 Section 219 2005 2009
2: Repeals, amendments, and transitional and savings provisions
Consequential amendments to Transport Act 1962
91: Interpretation
1: Section 2(1) Transport Act 1962 invalid carriage
2: Section 2(1) Transport Act 1962 goods service and goods service licence Transport Services Licensing Act 1989 Land Transport Act 1998
3: Section 2(1) Transport Act 1962 large passenger service vehicle Transport Services Licensing Act 1989 Land Transport Act 1998
4: Section 2(1) Transport Act 1962 passenger service, passenger service licence, passenger service vehicle Transport Services Licensing Act 1989 Land Transport Act 1998
5: Section 2(1) Transport Act 1962 rental service rental service licence rental service vehicle Transport Services Licensing Act 1989 Land Transport Act 1998
6: Section 2(1) Transport Act 1962 small passenger service vehicle Transport Services Licensing Act 1989 Land Transport Act 1998
7: Section 2(1) Transport Act 1962 towage fee towage fees in respect of offences involving different areas, times, or vehicles rates of towage fees in respect of different classes of persons, vehicles, products, or any other property or item, or on the basis of different times of use, or different distances, or on any other differential basis
8: Section 2(1) Transport Act 1962 transport service transport service licence transport service vehicle Transport Services Licensing Act 1989 Land Transport Act 1998
9: Section 2(1) Transport Act 1962 vehicle recovery service vehicle recovery service licence vehicle recovery service vehicle Transport Services Licensing Act 1989 Land Transport Act 1998
10: Section 41A(1) Transport Act 1962 stationary vehicle offence
vii: section 34(1)(b) of the Land Transport Act 1998 .
11: Section 53 Transport Act 1962 2007-10-01 Transport Act 1962
92: General penalties
Section 30(1) Transport Act 1962 $500 $1,000
93: Sections 70B to 70D Sections 70B to 70D Transport Act 1962 2007-10-01 Transport Act 1962
94: Schedule 2
1: Part 9 Transport Act 1962 79M Failure to pay passenger service fares 150
2: Part 9 Transport Act 1962 42(1) Failing to secure load 600
3: Part 10 Transport Act 1962 Section 87(1)(a) Transit New Zealand Act 1989 Acts in contravention of or fails to comply in any respect with any provision of section 82 of the Transit New Zealand Act 1989 250 2007-10-01 Transport Act 1962 Other consequential amendments
95: Repeals, revocations, and consequential amendments
1: The Boilers, Lifts, and Cranes Act 1950 (1950 No 53)
2: Despite the repeal of the Boilers, Lifts, and Cranes Act 1950 subsection (1) Engine Drivers' Examination Regulations 1952 Inspection of Boilers Order 1958 Tram-Drivers Regulations 1947
a: continue in force as if that Act had not been repealed; and
b: may be amended or revoked in the same manner in which they could have been amended or revoked under that Act.
3: Sections 4 to 46 66(cd) (e) 1 to 4 Transport Services Licensing Act 1989 2007-10-01 Transport Services Licensing Act 1989
4: Despite the repeal of those sections of the Transport Services Licensing Act 1989 subsection (3) Transport Services Licensing Regulations 1989
a: continue in force as if those sections had not been repealed; and
b: may be amended or revoked in the same manner in which they could have been amended or revoked under that Act. 2007-10-01 Transport Services Licensing Regulations 1989
5: The Acts specified in Part 1
6: The Acts specified in Part 2 2007-10-01 s 201A(2) s 93(5) s 16(5) Sch 5 s 2
7: The regulations specified in Part 3
8: The regulations specified in Part 4 2007-10-01 Schedule Schedule r 8(3) r 59(4) 2(1)
9: The regulations specified in Part 5
10: The Land Transport Rules specified in Part 6
11: The Land Transport Rule specified in Part 7 2007-10-01 Land Transport (Driver Licensing) Rule 1999
12: The Land Transport Rule specified in Part 8 Transitional and savings provisions
96: Rights of existing transport service licence holders
1: Every person who, immediately before the commencement of Part 4A Transport Services Licensing Act 1989 Part 4A
2: Any licence deemed by subsection (1) Part 4A
3: A certificate of knowledge of law and practice issued under the Transport Services Licensing Act 1989 1989 No 74 s 9
97: Rights of existing approved taxi organisations
1: Every person who, immediately before the commencement of Part 4A Transport Services Licensing Act 1989
a: continues to be an approved taxi organisation on the commencement of Part 4A
b: may be dealt with in accordance with Part 4A
2: Any application to be an approved taxi organisation that was lodged before the commencement of Part 4A Part 4A
98: Rights of existing operators of traction engines
1: Every person who, immediately before the commencement of sections 22B 22C Boilers, Lifts, and Cranes Act 1950
2: Any qualification deemed by subsection (1) sections 22B 22C
99: Transitional provision for notices given under
section 96 If, after the commencement of section 50 section 96 subsection (1) section 50
100: Transitional provision for holders of exemptions in respect of driving hours or logbooks
Every variation or exemption granted under section 70B 70C Transport Act 1962