Transport Act 1962

Reprint as at 10 May 2011

Transport Act 1962

Public Act1962 No 135
Date of assent14 December 1962
  • Transport Act 1962: repealed, on 10 May 2011, by section 98 of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).

  • Except in sections 2(1), 68A(2), (4), and (7), and 199B, the words Secretary and Secretary for Transport have been substituted wherever they occur with the word Director in accordance with section 35(1) Land Transport Act 1993 (1993 No 88).


Note

Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this eprint.

A general outline of these changes is set out in the notes at the end of this eprint, together with other explanatory material about this eprint.

This Act is administered in the Ministry of Transport.


Contents

Title

1 Short Title and commencement

2 Interpretation

Part 1
Administration

3 Transport Department [Repealed]

4 Commissioner of Transport and other officers [Repealed]

5 Inquiries for purposes of transport co-ordination [Repealed]

6 Appointment of traffic officers [Repealed]

7 Appointment of parking wardens

Part 2
Registration and licensing of motor vehicles

[Repealed]

8 Registrar of Motor Vehicles, and Deputy Registrars [Repealed]

9 Applications for registration [Repealed]

10 Issue of registration certificate and plates [Repealed]

11 Annual licences [Repealed]

12 Application for licence for motor vehicle [Repealed]

13 Exemption from registration and licence fees [Repealed]

14 Issue of licences for motor vehicles [Repealed]

14A Form of registration plates and licences [Repealed]

14B Duplicate certificates of registration and substitute registration plates and licences [Repealed]

14C Change of use of motor vehicle [Repealed]

15 Unauthorised, deceptive, or obscured registration plates or unauthorised licence [Repealed]

Registers of motor vehicles

16 Registers of motor vehicles [Repealed]

17 Details of registers to be supplied to applicants [Repealed]

18 Notification of change of ownership of motor vehicle [Repealed]

18A Offences relating to registration, annual licensing, and change of ownership of motor vehicle [Repealed]

19 Cancellation of registration on destruction or permanent removal of motor vehicle [Repealed]

20 Cancellation of registration for not renewing licence for motor vehicle [Repealed]

21 No licence for deregistered vehicle until reregistered [Repealed]

Special provisions as to dealers in motor vehicles

22 Trade plates and licences [Repealed]

23 Application of fees and charges [Repealed]

24 Regulations as to registration and licensing [Repealed]

Part 3
Licensing of drivers of motor vehicles

[Repealed]

25 Unlicensed persons not to drive motor vehicles [Repealed]

26 Issue of drivers' licences and extensions of licences [Repealed]

26A Issue of drivers' licences by Secretary for Transport [Repealed]

27 Inspection of drivers' licences [Repealed]

28 Secretary may appoint local authority or other person as agent [Repealed]

28B Professional driving instructors [Repealed]

29 Licences issued by local authorities deemed to have been issued by Secretary [Repealed]

29A Details of licences issued by issuing authorities to be forwarded to Secretary [Repealed]

29B Issue of drivers' licences and extensions of licences [Repealed]

29C National register of driver's licences [Repealed]

29D Licences of mentally disordered persons to be suspended [Repealed]

29E Professional driving instructors [Repealed]

29F Regulations as to motor drivers' licences and driving instructors [Repealed]

Part 4
Penalties for offences, and disqualification of drivers

30 General penalties

30AA Specific penalties [Repealed]

30AB Penalties for alcohol and drug related traffic offences [Repealed]

30AC Community-based sentence may be substituted for disqualification directed under this Part in certain circumstances [Repealed]

30AD Further penalty in certain cases where person driving vehicle used in transport service [Repealed]

30A Court orders relating to persons convicted twice or more of alcohol or drug related traffic offences [Repealed]

30B Assessment Centre fee [Repealed]

30C Removal of disqualification by Director [Repealed]

30D Appeal against refusal of Director to remove disqualification [Repealed]

31 Application of disqualification provisions where offender already disqualified [Repealed]

32 Disqualification on application by local authority or insurance company or Commissioner of Police or Director [Repealed]

33 Effect of disqualification [Repealed]

34 Disqualified person not to apply for or obtain driver's licence while disqualified [Repealed]

35 Driving while disqualified or contrary to the terms of a limited licence [Repealed]

36 Commencement of period of disqualification [Repealed]

37 Retention and custody of licence of disqualified driver [Repealed]

38 Issue of limited licence to disqualified person [Repealed]

39 Removal of disqualification [Repealed]

39A Approval of traffic improvement schools and defensive driving courses [Repealed]

40 Particulars of disqualification orders and of removal of disqualifications and of order authorising limited licences to be sent to Director and to local authority [Repealed]

41 Appeals against disqualification order or order refusing a limited licence or refusing removal of disqualification [Repealed]

Owner liability

41A Owner liability for stationary vehicle offences

41B Owner liability for moving vehicle offences [Repealed]

42 Evidential provisions relating to approved vehicle surveillance equipment [Repealed]

Infringement offences

42A Infringement offences

43 Entitlement to infringement fees

43A Towage fees where parking offences prosecuted

Demerit points system

44 Recording of demerit points [Repealed]

45 Appeal against conviction [Repealed]

46 Cancellation of points [Repealed]

47 Notice of points [Repealed]

48 Disqualification under points system [Repealed]

49 Issue of limited licence [Repealed]

50 Disqualified person not to apply for or obtain driver's licence [Repealed]

51 Regulations as to demerit points [Repealed]

Part 5
Road traffic

52 Speed limits [Repealed]

52A Saving of existing speed limits

53 Exemption from speed limits of Police, traffic officers, and ambulance and fire-brigade drivers [Repealed]

54 Compliance with speed limit not a defence to other charges [Repealed]

55 Causing bodily injury or death through reckless or dangerous driving or driving while under the influence of drink or drugs [Repealed]

56 Causing bodily injury or death through careless use of motor vehicle [Repealed]

57 Reckless or dangerous driving [Repealed]

Breath-alcohol and blood-alcohol offences

57A Interpretation [Repealed]

58 Driving with excessive breath-alcohol or blood-alcohol concentration or while under influence of drink or drugs [Repealed]

58A Breath screening tests [Repealed]

58B Evidential breath tests [Repealed]

58C Blood tests [Repealed]

58D Hospital blood tests [Repealed]

58E Refusal to supply blood specimen [Repealed]

58F Procedure for dealing with blood specimens [Repealed]

58G Certificates and presumptions in blood-alcohol proceedings [Repealed]

58H Circumstances in which certificate not admissible in proceedings [Repealed]

58I Reasonable compliance [Repealed]

58J Taking of blood specimens for statistical or research purposes [Repealed]

59 Being in charge of motor vehicle while under influence of drink or drugs [Repealed]

59A Driving or attempting to drive with excessive blood-alcohol concentration [Repealed]

59B Breath tests [Repealed]

59C Blood tests [Repealed]

59D Proceedings for offence committed while under the influence of a drug or a drug associated with drink [Repealed]

59E Refusal to supply specimen of blood [Repealed]

59F Special provisions as to persons under medical treatment [Repealed]

60 Careless or inconsiderate use of motor vehicle [Repealed]

Miscellaneous provisions with respect to motor driving

61 Names of drivers under influence of drink or drugs not to be suppressed [Repealed]

62 Arrest of drivers under influence of drink or drugs [Repealed]

62A Traffic officer may arrest for assault on traffic officer [Repealed]

62B Arrested person to be delivered into police custody [Repealed]

63 Constable or traffic officer may prohibit or prevent driving [Repealed]

64 Compulsory stopping of certain vehicles at railway crossings [Repealed]

65 Duties of motor drivers in cases of accidents [Repealed]

66 User of vehicle to stop when required and give name and address, etc [Repealed]

66A Entry on premises for purpose of exercising powers in relation to breath-alcohol offences [Repealed]

67 Owner or hirer to give information as to identity of driver or passenger

68 Power of Court to order attendance at traffic improvement or defensive driving course [Repealed]

68A Court may order driving test [Repealed]

68B Powers of constables and traffic officers [Repealed]

68BA Powers of parking wardens

68C Drivers and pedestrians to comply with traffic directions [Repealed]

68D Jurisdiction of traffic officers [Repealed]

68E Search warrants relating to road user charges offences

Heavy traffic

69 Limitation of weight of motor vehicles for use on road [Repealed]

69A Powers of traffic officers in respect of heavy motor vehicles [Repealed]

69B Overloading offences [Repealed]

69C Overloading of Crown vehicles [Repealed]

69D Removal and retention of hubodometers by authorised officers

70 Strict liability for offences involving insecure loads and loads falling from heavy vehicles [Repealed]

70A Constable or traffic officer to order stopping of heavy motor vehicle until load is secured [Repealed]

70AA Restriction of heavy traffic on roads

Driving hours and logbooks

70B Driving hours [Repealed]

70C Driver logbooks [Repealed]

70D Offences and proceedings concerning logbooks and driving hours [Repealed]

Hazardous substances

70E Definition of hazardous substance, etc [Repealed]

70F Duties of operators of vehicles transporting hazardous substances [Repealed]

70G Consignors to advise of presence of hazardous substances [Repealed]

70H Drivers to have licence with hazardous substances endorsement [Repealed]

70I Power to stop vehicles for breach of hazardous substances provision [Repealed]

70IA Power to inspect rail service vehicles [Repealed]

70IB Power to inspect premises used for loading [Repealed]

70J Heavy motor vehicles of or over 3,500 kg to comply with hazardous substances requirements [Repealed]

70K Director and Commissioner of Police may appoint hazardous substance enforcement officers [Repealed]

71 Restriction of heavy traffic on roads [Repealed]

Hovercraft

71A Use of hovercraft on or over any roads [Repealed]

Bylaws

72 Bylaws as to the use of roads

73 Publication and proof of bylaws

74 Power of Minister to disallow local bylaws relating to traffic

General provisions

74A Minister may ensure roading safety

75 Local authorities may arrange for enforcement of traffic laws by Transport Department [Repealed]

76A Temporary closure of non-essential roads [Repealed]

76B Notification of road hazards [Repealed]

76C Traffic surveys [Repealed]

77 Regulations

77A Regulations relating to seat belts and child restraints

77B Power of Agency to approve child restraints and seat belts

77C Manufacture or sale of devices, fittings, or equipment requiring approval

78 Experimental traffic control signs, lights, notices, and markings

78A Piloting fees

Vehicles used in licensed services

79 Certificates of fitness [Repealed]

79A Revocation of certificate of fitness [Repealed]

79B Certificates of loading [Repealed]

80 Inspection of vehicles required to have certificates of fitness or permits

81 Notice of accidents to be given to Director [Repealed]

82 Inquiries into accidents [Repealed]

Part 6
Motor vehicles insurance (third-party risks)

[Repealed]

Part 6A
Motor vehicles insurance (third-party risks) indemnity scheme

90J Application of this Part

90K Motor Vehicles (Third-party Risks) Indemnity Fund established

90L Owners to pay indemnity surcharge with licence fees

90M Change of ownership

90N Application of money received by way of indemnity surcharge

90O Statement to be supplied to Agency by insurance companies

90P Claims against and payments to Fund

90Q Agency may inspect accounts

90R Vesting of Motor Vehicles (Third-party Risks) Indemnity Fund in Accident Compensation Corporation

90S Regulations

Part 7
Road Traffic Safety Research Council

[Repealed]

91 Road Traffic Safety Research Council [Repealed]

92 Functions of Council [Repealed]

93 Subcommittees of Council [Repealed]

94 Remuneration and travelling expenses [Repealed]

95 Constitution of rental-service districts, and Licensing Authorities therefor [Repealed]

96 Constitution of harbour-ferry service districts, and Licensing Authorities therefor [Repealed]

97 Certain persons carrying on harbour-ferry service entitled to licence [Repealed]

98 Disqualification of appointment as Licensing Authority [Repealed]

99 Term of office and vacancies [Repealed]

100 Deputies [Repealed]

101 Allowances and expense of Licensing Authorities [Repealed]

102 Proceedings of Licensing Authorities [Repealed]

103 Powers, immunities, and privileges of Licensing Authorities [Repealed]

104 Proceedings of Licensing Authority generally to be in public [Repealed]

105 Powers in respect of temporary licences [Repealed]

106 Annual report of Licensing Authority [Repealed]

107 Lincensing Appeal Authority, Charges Appeal Authority, and deputies [Repealed]

107A Deputy Licensing Appeal Authority and Deputy Charges Appeal Authority [Repealed]

107B Remuneration of Licensing Appeal Authority and Charges Appeal Authority and deputies [Repealed]

107C Seal [Repealed]

107D Function of Licensing Appeal Authority [Repealed]

107E Function and power of Charges Appeal Authority [Repealed]

107F Powers and rights of Appeal Authorities and persons involved in proceedings of Appeal Authorities [Repealed]

107G Proceedings of Licensing Appeal Authority and Charges Appeal Authority generally to be in public [Repealed]

107H Orders as to costs [Repealed]

108 Passenger services, taxicab services, goods services, rental services, and harbour-ferry services to be licensed [Repealed]

109 Restrictions on road carriage of goods where rail available [Repealed]

110 Computation of rail distances [Repealed]

111 Circumstances in which route for carriage of goods by rail available [Repealed]

112 Carriage of goods by road in certain urban areas [Repealed]

113 List of exempted goods may be altered by Order in Council [Repealed]

113A Waybill to be carried in heavy motor vehicle carrying goods [Repealed]

113B Offences and proceedings concerning waybills [Repealed]

113C Offences and proceedings concerning initiators of transport goods [Repealed]

113D Powers of entry and inspection of goods and documents [Repealed]

113E Power to inspect and seal vehicles and goods [Repealed]

113F Use of premises to hold or store goods on journeys in breach of rail restriction [Repealed]

113G Permit to carry goods free from restrictions of section 109 of this Act [Repealed]

114 Minister may declare certain services to be passenger services or gooods services or rental services [Repealed]

115 Defining proper Licensing Authority to grant or exercise jurisdiction in respect of licenses [Repealed]

116 Application for licence [Repealed]

117 Application for and determination of application for temporary licence [Repealed]

118 Secretary may supply Licensing Authority with information and submissions, and applicant may comment on them [Repealed]

119 Determination of application for certain transport licences [Repealed]

120 Determination of application for transport licence involving exemption from rail restriction [Repealed]

121 Determination of application for taxicab-service licence or passenger-service or harbour-ferry service licence for scheduled service [Repealed]

122 Certain evidence and representations relating to taxicab-service licences not to be received [Repealed]

123 Grant of licence (other than taxicab-service licence) [Repealed]

124 Matters to be considered in determining applications for taxicab-service licences [Repealed]

125 Power of Licensing Authority to impose conditions and grant exemptions [Repealed]

126 Conditions to apply to existing licences [Repealed]

127 Conditions applying to licences (other than taxicab-service licences) [Repealed]

128 Compliance with urban transport scheme a condition of certain licences [Repealed]

129 Conditions relating to sceduled services [Repealed]

130 Conditions applying to passenger-service and harbour-ferry licences to carry on scheduled service [Repealed]

131 Condition of taxicab-service licences [Repealed]

132 Conditions as to vehicles and harbour ferries [Repealed]

133 Conditions as to abandonment or curtailment of service [Repealed]

134 Form and effect of transport licence [Repealed]

135 Amendment of licences [Repealed]

136 Transfer of licence (other than taxicab-service licence) prohibited [Repealed]

137 Licences to continue in force until suurendered, cancelled, or revoked [Repealed]

138 Surrender and cancellation of licences [Repealed]

139 Registers of licences [Repealed]

140 Inquiry into operation of licences and breach of conditions [Repealed]

141 Public inquiry where licensee convicted of offence against rail restriction or Road User Charges Act 1977 [Repealed]

142 Inquiry into pricing practices of dominant licensee [Repealed]

143 Taxicab organisations [Repealed]

144 Review of taxicab services [Repealed]

145 Leases of taxicab-service licences [Repealed]

146 Licensing Authorities’ jurisdiction as to charges [Repealed]

147 Charges for taxicab services [Repealed]

148 Applications to prescribe charges [Repealed]

149 Principles to be observed by Secretary [Repealed]

150 Notice of decisions to be given [Repealed]

151 Effect of order relating to group of taxicab services [Repealed]

152 Taxicab-service charges to conform to those prescribed [Repealed]

153 Appeals to Charges Appeal Authority from orders of Secretary [Repealed]

154 Appeals to Licensing Appeal Authority from decisions of Licensing Authorities [Repealed]

155 Extending time for appeal [Repealed]

156 Procedure on appeals [Repealed]

157 Rights of licensee pending determination of appeal [Repealed]

158 Hearing and determination of appeal [Repealed]

159 Licensing Appeal Authority or Charges Appeal Authority or Secretary [Repealed]

160 Notice of decision on appeal [Repealed]

161 Appeal on question of law [Repealed]

162 Notice of appeal [Repealed]

163 Right to appear and be heard on appeals [Repealed]

164 Orders relating to determination of appeals [Repealed]

165 Dismissal of appeal [Repealed]

166 Appeal in respect of additional point of law [Repealed]

167 Extension of time [Repealed]

168 Date of hearing [Repealed]

169 Further appeal to Court of Appeal on question of law [Repealed]

170 Information for offences under this Part [Repealed]

171 Evidence and proof [Repealed]

172 Admissibility of certain statements [Repealed]

173 Marking and identification of goods [Repealed]

174 Privilege of certain witnesses [Repealed]

175 Effect of this Part on other Acts and bylaws [Repealed]

176 Enforcing orders for costs and expenses [Repealed]

177 Application of fees and fines, and expenses of administration [Repealed]

178 Regulations [Repealed]

Part 8
Excise duty

[Repealed]

187 Interpretation [Repealed]

188 Apportionment of motor spirits duty and sales tax [Repealed]

189 Refund of motor spirits duty and sales tax [Repealed]

190 Procedure for obtaining refund [Repealed]

191 Amount of motor spirits duty and sales tax credited to Consolidated Account, and refunds of such duty and tax, may be altered by Order in Council [Repealed]

Part 9
Miscellaneous provisions

192 Service of notices

192A Personation or obstruction of traffic officers [Repealed]

192B Offence relating to distance recorder [Repealed]

193 General penalty for offences

194 Offences punishable summarily

195 Time for instituting proceedings

196 Evidence in proceedings

196A Admissibility of certain statements

196B Evidence of certain documents

197 Evidence of testing and accuracy of weighing devices and sites, and speed-measuring devices [Repealed]

198 Auckland Transport Board Act 1928 to be read subject to this Act [Repealed]

199 Regulations

199A Fees for traffic officer accident reports [Repealed]

199B Transfer of functions and powers of Secretary

199C Schedules referring to offences may be amended by Order in Council

200 Act to bind the Crown

201 Repeals, revocations, savings, and consequential amendments

Schedule 1

[Repealed]

Schedule 2
Infringement offences and fees

Schedule 2A
Offences enforceable by parking wardens

Schedule 3

[Repealed]

Schedule 4
Enactments repealed

Schedule 5
Regulations revoked

Reprint notes


An Act to consolidate and amend certain enactments of the Parliament of New Zealand relating to motor vehicles, to road traffic, and to commercial transport services carried on by means of motor vehicles or harbour ferries

  • The long title was amended, as from 1 January 1987, pursuant to section 29(2) Constitution Act 1986 (1986 No 114) by substituting the words Parliament of New Zealand for the words General Assembly.

Be it enacted by the General Assembly of New Zealand in Parliament assembled, and by the authority of the same, as follows: