Transport Act 1962

  • repealed
  • Transport Act 1962: repealed, on 10 May 2011, by section 98 of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).
2 Interpretation
  • (1) In this Act, unless the context otherwise requires,—

    accident compensation levy

    [Repealed]

    Accident compensation levy: this definition was repealed, as from 30 April 1986, by section 58(1) Transport (Vehicle and Driver Registration and Licensing) Act 1986 (1986 No 6).

    adjoining means contiguous, or contiguous except for a separation by a river, stream, drain, canal, or other watercourse, or by a road, motorway, or railway

    Agency means the New Zealand Transport Agency established under section 93 of the Land Transport Management Act 2003

    agricultural operation

    [Repealed]

    Agricultural operation: this definition was repealed, as from 30 April 1986, by section 58(1) Transport (Vehicle and Driver Registration and Licensing) Act 1986 (1986 No 6).

    agricultural trailer means a trailer designed exclusively for agricultural operations and used on a road only when proceeding to or from a farm or when being inspected, serviced, or repaired

    Agricultural trailer: this definition was omitted during the 1972 revision and a new definition was inserted, as from 16 November 1973, by section 2(2) Transport Amendment Act 1973 (1973 No 35).

    alternative fuel system means a fuel storage and conducting system that is used to provide liquid petroleum gas, compressed natural gas, or any other pressurised liquid or gaseous fuel (other than petrol or diesel) for the purposes of propulsion of a vehicle

    Alternative fuel system: this definition was inserted, as from 17 December 1980, by section 2(1) Transport Amendment Act 1980 (1980 No 96) and has particular relevance to the regulation-making power in section 77(2).

    ambulance means any motor vehicle designed and used principally for the carriage of sick or injured persons

    approved operational plan

    [Repealed]

    Approved operational plan: this definition was repealed, as from 1 October 1989, by section 2(2) Transport Amendment Act 1989 (1989 No 77).

    approved transport section of a regional planning scheme

    [Repealed]

    Approved transport section of a regional planning scheme: this definition was repealed, as from 1 October 1989, by section 2(2) Transport Amendment Act 1989 (1989 No 77).

    approved urban transport scheme

    [Repealed]

    Approved urban transport scheme: this definition was repealed, as from 1 October 1989, by section 2(2) Transport Amendment Act 1989 (1989 No 77).

    approved vehicle surveillance equipment

    [Repealed]

    Approved vehicle surveillance equipment: this definition was repealed, as from 1 March 1999, by section 215(1) Land Transport Act 1998 (1998 No 110).

    articulated vehicle means any motor vehicle with a trailer attached so that part of the trailer is superimposed upon the motor vehicle and a substantial part of the weight of the trailer and of its load is borne by the motor vehicle. Such a trailer shall be called a semi-trailer

    Articulated vehicle: replaced the previous definition of articulated motor vehicle.

    Assessment Centre

    [Repealed]

    Assessment Centre: this definition was repealed, as from 1 March 1999, by section 215(1) Land Transport Act 1998 (1998 No 110).

    axle has the same meaning as it has in section 2(1) of the Land Transport Act 1998

    Axle: the second proviso of this definition was amended, as from 29 October 1974, by section 33(a) Transport Amendment Act 1974 (1974 No 61) by substituting the expression 1 metre for the expression 3 feet 4 inches.

    Axle: this definition was substituted, as from 1 March 1999, by section 215(1) Land Transport Act 1998 (1998 No 110).

    cargo container means an article of transport equipment of a type approved for the purposes of this Act by the Authority by notice in the Gazette, being a lift van, movable tank, or other similar structure; and includes the normal accessories and equipment of the container, when attached to and used exclusively with it; but does not include any vehicle, or any ordinary packing case, crate, box, or other similar article used for packing

    Cargo container: this definition was inserted, as from 19 November 1971, by section 2 Transport Amendment Act 1971 (1971 No 57) and continued into the 1972 amendment. It defined a term used in subsection (5) of section 123 as inserted by section 17 of that same Act. This definition is now redundant with the repeal of section 123 by section 18 Transport Amendment Act (No 2) 1983 (1983 No 33).

    Cargo container: this definition was amended, as from 20 August 1993, by section 35 Land Transport Act 1993 (1993 No 88) by substituting the word Authority for the word Minister.

    carriage includes haulage

    Charges Appeal Authority

    [Repealed]

    Charges Appeal Authority: this definition was repealed, as from 1 November 1989, by section 2(10) Transport Amendment Act 1989 (1989 No 77).

    Commissioner means the Commissioner of Police

    Commissioner: this definition was inserted, as from 1 July 1992, by section 2 Transport Amendment Act (No 2) 1992 (1992 No 67).

    container ship

    [Repealed]

    Container ship: this definition was repealed, as from 1 November 1989, by section 2(10) Transport Amendment Act 1989 (1989 No 77).

    continuous licence

    [Repealed]

    Continuous licence: this definition was repealed, as from 1 November 1989, by section 2(10) Transport Amendment Act 1989 (1989 No 77).

    contract

    [Repealed]

    Contract: this definition was repealed, as from 1 November 1989, by section 2(10) Transport Amendment Act 1989 (1989 No 77).

    contract vehicle

    [Repealed]

    Contract vehicle: this definition was repealed, as from 1 November 1989, by section 2(10) Transport Amendment Act 1989 (1989 No 77).

    controlling authority, in relation to any road, means the road controlling authority for that road within the meaning of section 2(1) of the Land Transport Act 1998

    Controlling authority: this definition was inserted, as from 30 April 1997, by section 2(1) Transport Amendment Act 1997 (1997 No 3).

    Controlling authority: this definition was substituted, as from 1 March 1999, by section 215(1) Land Transport Act 1998 (1998 No 110).

    dealer means a person who is carrying on business as a manufacturer of motor vehicles or as a dealer in motor vehicles

    Department

    [Repealed]

    Department: this definition was repealed, as from 20 August 1993, by section 35(1) Land Transport Act 1993 (1993 No 88).

    Department of State means a department of the Public Service as defined in the State Sector Act 1988

    Department of State: this definition was inserted, as from 19 November 1971, by section 2 Transport Amendment Act 1971 (1971 No 57).

    Department of State: this definition was amended, as from 1 April 1982, by section 120(4) New Zealand Railways Corporation Act 1981 (1981 No 119) by substituting the words the New Zealand Railways Corporation for the words the New Zealand Government Railways Department.

    Department of State: this definition was amended, as from 20 August 1993, by section 35(1) Land Transport Act 1993 (1993 No 88) by substituting the words State Sector Act 1988 for the words State Services Act 1962; and includes the New Zealand Railways Corporation and the Post Office.

    design, in relation to a motor vehicle, refers to the construction of the motor vehicle, and not its use or intended use; and designed has a corresponding meaning

    Design: this definition was inserted, as from 24 October 1969, by section 2 Transport Amendment Act (No 2) 1969 (1969 No 137).

    District

    [Repealed]

    District: this definition was repealed, as from 1 November 1989, by section 2(10) Transport Amendment Act 1989 (1989 No 77).

    driver, in relation to any vehicle, includes the rider of a motor cycle or moped or bicycle; and drive has a corresponding meaning

    Driver: this definition was amended, as from 1 March 1984, by section 21(3) Transport Amendment Act (No 3) 1983 (1983 No 35) by substituting the word moped for the words power cycle.

    driver licence means a driver licence issued or having effect under the Land Transport Act 1998

    Driver's licence: this definition was inserted, as from 30 April 1986, by section 53 Transport (Vehicle and Driver Registration and Licensing) Act 1986 (1986 No 6).

    Driver licence: this definition was substituted for the definition of Driver's licence, as from 1 March 1999, by section 215(1) Land Transport Act 1998 (1998 No 110).

    enforcement authority, in relation to an infringement offence, means—

    • (a) the New Zealand Police, in the case of an alleged infringement offence detected by a sworn or non-sworn member of the Police:

    • (b) the Authority, in the case of an alleged infringement offence detected by an officer of the Authority:

    • (c) the local authority, in the case of an alleged infringement offence detected by an officer of a local authority:

    • (d) the airport authority, in the case of an alleged infringement offence detected by an officer of an airport authority

    Enforcement authority: this definition was inserted, as from 20 October 1972, by section 2 Transport Amendment Act 1972 (1972 No 129).

    Enforcement authority: this definition was amended, as from 29 October 1974, by section 10(3) Transport Amendment Act 1974 (1974 No 61) by inserting the words infringement offence.

    Enforcement authority: this definition was substituted, as from 1 April 1981, by section 2(2) Transport Amendment Act 1980 (1980 No 96).

    Enforcement authority: this definition was amended, as from 23 November 1982, by section 3(1) Airport Authorities Amendment Act 1982 (1982 No 57) by inserting paragraph (c).

    Enforcement authority: this definition was substituted, as from 1 July 1992, by section 2 Transport Amendment Act (No 2) 1992 (1992 No 67).

    Enforcement authority: this definition was amended, as from 20 August 1993, by section 35(1) Land Transport Act 1993 (1993 No 88) by substituting the word Authority for the words Ministry and Ministry of Transport wherever they occurred.

    Enforcement authority: this definition was amended, as from 1 March 1999, by section 215(1) Land Transport Act 1998 (1998 No 110) by omitting the words or an overloading infringement and or overloading infringement offence.

    enforcement officer means a traffic officer or a constable

    Enforcement officer: this definition was inserted, as from 1 July 1992, by section 2 Transport Amendment Act (No 2) 1992 (1992 No 67).

    explosive means any hazardous substance (as defined in section 2(1) of the Hazardous Substances and New Organisms Act 1996) with explosive properties

    Explosive: previously the term explosive was given the same meaning as in the Explosives Act 1957. This provision was contained in section 64(4). The new definition set out the full definition of explosive and transferred the definition from section 64 to the Interpretation section.

    Explosive: this definition was substituted, as from 29 July 1998, with application to new organisms, by section 149 Hazardous Substances and New Organisms Act 1996 (1996 No 30). See clause 2 Hazardous Substances and New Organisms Act (New Organisms) Commencement Order 1998 (SR 1998/220). See Parts 11 to 16 of that Act (comprising sections 151 to 259) as to the transitional provisions. See clause 2 Hazardous Substances and New Organisms Act Commencement Order (No 2) 2001 (SR 2001/171) as to that amendment coming fully into force as from 2 July 2001.

    fares

    [Repealed]

    Fares: this definition was repealed, as from 1 November 1989, by section 2(10) Transport Amendment Act 1989 (1989 No 77).

    farmer means any farmer of animals or livestock, or any market gardener, orchardist, viticulturalist, apiarist, nurseryman, poultry or egg producer, or grower of hops, peas, potatoes, tobacco, or other crops; and farm has a corresponding meaning

    Farmer: this definition was substituted, as from 11 December 1988, by section 2 Transport Amendment Act (No 2) 1988 (1988 No 170).

    fire brigade has the same meaning as it has in section 2(1) of the Land Transport Act 1998

    Fire brigade: this definition was inserted, as from 30 April 1997, by section 2(2) Transport Amendment Act 1997 (1997 No 3).

    Fire brigade: this definition was substituted, as from 1 March 1999, by section 215(1) Land Transport Act 1998 (1998 No 110).

    flammable liquid means any hazardous substance (as defined in section 2 of the Hazardous Substances and New Organisms Act 1996) in liquid form with flammable properties; and includes motor spirits

    Flammable liquid: this definition was inserted, as from 1 August 1987, by section 2(2) Transport Amendment Act 1987 (1987 No 96).

    Flammable liquid: this definition was substituted, as from 29 July 1998, with application to new organisms, by section 149 Hazardous Substances and New Organisms Act 1996 (1996 No 30). See clause 2 Hazardous Substances and New Organisms Act (New Organisms) Commencement Order 1998 (SR 1998/220). See Parts 11 to 16 of that Act (comprising sections 151 to 259) as to the transitional provisions. See clause 2 Hazardous Substances and New Organisms Act Commencement Order (No 2) 2001 (SR 2001/171) as to that amendment coming fully into force as from 2 July 2001.

    goods has the same meaning as it has in section 2(1) of the Land Transport Act 1998

    Goods: this definition was substituted, as from 1 March 1999, by section 215(1) Land Transport Act 1998 (1998 No 110).

    goods service, and goods service licence have the same meanings as in section 2 of the Land Transport Act 1998

    goods-service vehicle means a motor vehicle designed exclusively or principally for the carriage of goods but does not include a tractor

    Goods-service vehicle: this definition was amended, as from 29 October 1974, by section 2(1) Transport Amendment Act 1974 (1974 No 61) by inserting the words but does not include a tractor.

    gross laden weight

    [Repealed]

    Gross laden weight: this definition was repealed, as from 1 March 1999, by section 215(1) Land Transport Act 1998 (1998 No 110).

    gross weight

    [Repealed]

    Gross weight: this definition was repealed, as from 1 March 1999, by section 215(1) Land Transport Act 1998 (1998 No 110).

    gross weight and gross laden weight have the same meanings as they have in section 2(1) of the Land Transport Act 1998

    Gross weight and gross laden weight: this definition was inserted, as from 1 March 1999, by section 215(1) Land Transport Act 1998 (1998 No 110).

    harbour

    [Repealed]

    Harbour: this definition was repealed, as from 1 November 1989, by section 2(4) Transport Amendment Act 1989 (1989 No 77).

    harbour ferry

    [Repealed]

    Harbour ferry: this definition was repealed, as from 1 November 1989, by section 2(4) Transport Amendment Act 1989 (1989 No 77).

    harbour-ferry service

    [Repealed]

    Harbour-ferry service: this definition was repealed, as from 1 November 1989, by section 2(4) Transport Amendment Act 1989 (1989 No 77).

    hazardous substance has the same meaning as in section 70E

    Hazardous substance: this definition was inserted, as from 1 November 1989, by section 2(4) Transport Amendment Act 1989 (1989 No 77).

    heavy motor vehicle means a motor vehicle (other than a motorcar that is not used, kept, or available for the carriage of passengers for hire or reward) the gross laden weight of which exceeds 3 500 kilograms

    Heavy motor vehicle: this definition was substituted, as from 20 October 1972, by section 2 Transport Amendment Act 1972 (1972 No 129).

    Heavy motor vehicle: this definition was substituted, as from 1 November 1989, by section 2(4) Transport Amendment Act 1989 (1989 No 77).

    Heavy motor vehicle: Section 2(4) Transport Amendment Act 1989 (1989 No 77) included the new definition of Heavy motor vehicle shown above. However, there has been no formal repeal of the previous definition.

    heavy traffic means—

    • (a) the use of any heavy motor vehicle; or

    • (b) any other traffic declared to be heavy traffic by the Authority by notice in the Gazette

    Heavy traffic: this definition was inserted by section 9(2) Transport Amendment Act (No 2) 1967 (1967 No 153) and continued in the 1972 amendment.

    Heavy traffic: this definition was amended, as from 20 August 1993, by section 35(1) Land Transport 1993 (1993 No 88) by substituting the words Authority by notice in the Gazette.

    hovercraft means a contrivance propelled by mechanical power which is designed to be supported by and to move on a cushion of air created by downward thrust from its motor

    image

    [Repealed]

    Image: this definition was inserted, as from 1 April 1993, by section 2(1) Transport Amendment Act (No 3) 1992 (1992 No 108).

    Image: this definition was repealed, as from 1 March 1999, by section 215(1) Land Transport Act 1998 (1998 No 110).

    inflammable liquid

    [Repealed]

    Inflammable liquid: this definition was repealed, as from 1 August 1987, by section 2(1) Transport Amendment Act 1987 (1987 No 96).

    infringement offence has the meaning assigned to it in section 42A(1)

    Infringement offence: this definition was substituted, as from 1 April 1981, by section 2(3) Transport Amendment Act 1980 (1980 No 96) as part of a new regime of infringement offences.

    initiator

    [Repealed]

    Initiator: this definition was repealed, as from 1 November 1986, by section 22(1)(a) Transport Amendment Act (No 2) 1983 (1983 No 33).

    international cargo container means a cargo container designed for carriage in a cellular hold of a container ship engaged in international trade

    International cargo container: this definition was inserted by section (2) Transport Amendment Act 1971 (1971 No 57).

    invalid carriage

    [Repealed]

    Invalid carriage: this definition was repealed, as from 22 June 2005, by section 91(1) Land Transport Amendment Act 2005 (2005 No 77). See sections 96 to 100 of that Act as to the transitional and savings provisions.

    issue

    [Repealed]

    Issue: this definition was repealed, as from 30 April 1986, by section 58(1) Transport (Vehicle and Driver Registration and Licensing) Act 1986 (1986 No 6).

    Land Transport Fund

    [Repealed]

    Land Transport Fund: this definition was repealed, as from 1 July 1996, by section 29 Transit New Zealand Amendment Act 1995 (1995 No 42).

    large passenger service vehicle has the same meaning as in section 2 of the Land Transport Act 1998

    Licensing Appeal Authority

    [Repealed]

    Licensing Appeal Authority: this definition was repealed, as from 1 November 1989, by section 2(10) Transport Amendment Act 1989 (1989 No 77).

    Licensing Authority

    [Repealed]

    Licensing Authority: this definition was repealed, as from 1 November 1989, by section 2(10) Transport Amendment Act 1989 (1989 No 77).

    licensing year

    [Repealed]

    Licensing year: this definition was repealed, as from 30 April 1986, by section 58(1) Transport (Vehicle and Driver Registration and Licensing) Act 1986 (1986 No 6).

    load has the same meaning as it has in section 2(1) of the Land Transport Act 1998

    Load: this definition was inserted, as from 1 February 1986, by section 2(1) Transport Amendment Act (No 3) 1985 (1985 No 126).

    Load: this definition was substituted, as from 1 March 1999, by section 215(1) Land Transport Act 1998 (1998 No 110).

    local authority means a local authority within the meaning of the Local Government Act 2002

    Local authority: this definition was amended, as from 1 April 1978, by section 7(3) Local Government Amendment Act (No 3) 1977 (1977 No 122) by inserting the words a District Council, a Regional Council, a United Council,.

    Local authority: this definition was substituted, as from 1 March 1999, by section 215(1) Land Transport Act 1998 (1998 No 110).

    Local authority: this definition was substituted, as from 1 July 2003, by section 262 Local Government Act 2002 (2002 No 84). See sections 273 to 314 of that Act as to the savings and transitional provisions.

    logbook means a logbook (being a logbook in a form approved by the Director) referred to in sections 70C and 70D

    Logbook: this definition was inserted, as from 1 August 1987, by section 2(3) Transport Amendment Act 1987 (1987 No 96). It relates to the regime of driving hours enforcement introduced by that Amendment.

    Minister has the same meaning as it has in section 2(1) of the Land Transport Act 1998

    Minister: this definition was substituted, as from 1 March 1999, by section 215(1) Land Transport Act 1998 (1998 No 110).

    moped means a motor vehicle running on 2 or 3 wheels that is fitted with a motor having a power output not exceeding 2 kilowatts and is designed to be ridden at a speed not exceeding 50 kilometres per hour under normal conditions of use

    Moped: this definition was inserted, as from 1 December 1983, by section 2 Transport Amendment Act (No 3) 1983 (1983 No 35) to replace the definition of power cycle.

    motorcar means a motor vehicle (other than a motor cycle or moped) designed exclusively or principally for the carriage of persons not exceeding 9 in number inclusive of the driver; and includes a motor vehicle which is designed principally for the carriage of passengers but which has rear doors and collapsible rear seats

    Motorcar: this definition was amended, as from 1 March 1984, by section 21(3) Transport Amendment Act (No 3) 1983 (1983 No 35) by substituting the word moped for the words power cycle.

    motor cycle means a motor vehicle running on 2 wheels, or not more than 3 wheels when fitted with a side car; and includes any vehicle with motorcycle controls declared by the Director to be a motorcycle; but does not include a moped

    Motor cycle: this definition was amended, as from 1 March 1984, by section 21(3) Transport Amendment Act (No 3) 1983 (1983 No 35) by substituting the word moped for the words power cycle.

    motor driver's licence or driver's licence

    [Repealed]

    Motor driver's licence or driver's licence: this definition was amended by section (3) Transport Amendment Act (No 3) 1983 and repealed, as from 30 April 1986, by section 58(1) Transport (Vehicle and Driver Registration and Licensing) Act 1986 (1986 No 6).

    motor vehicle has the same meaning as it has in section 2(1) of the Land Transport Act 1998

    Motor vehicle: the previous definition was amended, as from 29 October 1965, by section 2 Transport Amendment Act (No 2) 1965 (1965 No 128) by inserting the words (not being a trailer designed solely for the carriage of goods) in para (c).

    Motor vehicle: the previous definition was amended, as from 24 October 1969, by section 2 Transport Amendment Act (No 2) 1969 (1969 No 137) by inserting the words and used. A trailer designed as part of the armament of any of Her Majesty's Forces would remain outside the definition of motor vehicle even if sold and used for some other purpose without the addition of these words.

    Motor vehicle: paragraph (d) of the previous definition was inserted, as from 29 October 1965, by section 2 Transport Amendment Act 1965 (1965 No 127).

    Motor vehicle: paragraph (f) of the previous definition was substituted, as from 1 January 1969, by section 3(2) Transport Amendment Act 1968 (1968 No 148).

    Motor vehicle: this definition was substituted, as from 1 March 1999, by section 215(1) Land Transport Act 1998 (1998 No 110).

    moving vehicle offence

    [Repealed]

    Moving vehicle offence: this definition was repealed, as from 1 March 1999, by section 215(1) Land Transport Act 1998 (1998 No 110).

    Officer means an employee of the Authority or of a local authority; and includes a traffic officer

    Officer: this definition was inserted, as from 1 April 1981, by section 2(4) Transport Amendment Act 1980 (1980 No 96).

    Officer: this definition was substituted, as from 20 August 1993, by section 35(1) Land Transport Act 1993 (1993 No 88).

    Officer: this definition was amended, as from 20 August 1993, by section 35 Land Transport Act 1993 (1993 No 88) by substituting the word Authority for the word Department.

    Officer: this definition was amended, as from 1 March 1999, by section 215(1) Land Transport Act 1998 (1998 No 110), by substituting the words an employee for the words an officer.

    Officer of the Authority

    [Repealed]

    Officer of the Authority: this definition was repealed, as from 1 March 1999, by section 215(1) Land Transport Act 1998 (1998 No 110). Section 215(1) proposed to repeal the definition of the term Officer of the Department apparently in error.

    operate, in relation to any vehicle, means to use or drive the vehicle on any road, or to cause or permit the vehicle to be on any road or be driven on any road, whether or not the person is present with the vehicle; and operator has a corresponding meaning

    Operate: this definition was inserted, as from 1 November 1987, by section 2 Transport Amendment Act 1987 (1987 No 96).

    overloading infringement

    [Repealed]

    Overloading infringement: this definition was repealed, as from 1 November 1987, by section 2(4) Transport Amendment Act 1987 (1987 No 96).

    overloading-infringement fee

    [Repealed]

    Overloading-infringement fee: this definition was repealed, as from 1 November 1987, by section 2(4) Transport Amendment Act 1987 (1987 No 96).

    overloading-infringement notice

    [Repealed]

    Overloading-infringement notice: this definition was repealed, as from 1 November 1987, by section 2(4) Transport Amendment Act 1987 (1987 No 96).

    overloading offence

    [Repealed]

    Overloading offence: this definition was inserted, as from 1 November 1987, by section 2 Transport Amendment Act 1987 (1987 No 96).

    Overloading offence: this definition was repealed, as from 1 March 1999, by section 215(1) Land Transport Act 1998 (1998 No 110).

    owner, in relation to a motor vehicle, means the person lawfully entitled to possession thereof, except where—

    • (a) the motor vehicle is subject to a bailment that is for a period not exceeding 28 days; or

    • (b) the motor vehicle is let on hire pursuant to the terms of a rental-service licence—

    in which case owner means the person who, but for the bailment or letting on hire, would be lawfully entitled to possession of the motor vehicle; and owned and ownership have corresponding meanings

    parking means—

    • (a) in relation to any portion of a road where parking is for the time being governed by the location of parking meters placed pursuant to a bylaw of a local authority, the stopping or standing of a vehicle on that portion of the road for any period exceeding 5 minutes:

    • (b) in relation to any other portion of a road, the stopping or standing of a vehicle on that portion of the road

    Parking: this definition was amended as from 1 April 1981, by section 2(5) Transport Amendment Act 1980 (1980 No 96) by omitting the words where the parking is prohibited for a period in excess of a period fixed by a bylaw of a local authority.

    parking infringement

    [Repealed]

    Parking infringement: this definition was repealed, as from 1 April 1981, by section 2 Transport Amendment Act (No 2) 1980 (1980 No 96).

    parking infringement notice

    [Repealed]

    Parking infringement notice: this definition was repealed, as from 1 April 1981, by section 2 Transport Amendment Act (No 2) 1980 (1980 No 96).

    parking offence means an offence described in paragraph (a) of the definition of the term stationary vehicle offence in section 41A

    Parking offence: this definition was inserted, as from 1 April 1981, by section 2(4) Transport Amendment Act 1980 (1980 No 96).

    Parking offence: this definition was substituted, as from 1 April 1993, by section 2 Transport Amendment Act (No 3) 1992 (1992 No 108).

    parking warden means a parking warden appointed under section 7 of this Act

    Parking warden: this definition was inserted, as from 1 August 1987, by section 2(5) Transport Amendment Act 1987 (1987 No 96).

    passenger service, passenger service licence, and passenger service vehicle have the same meanings as in section 2 of the Land Transport Act 1998

    pedestrian-controlled machine means a vehicle (not designed for the carriage of persons or goods) controlled by a pedestrian and designed exclusively to perform some mechanical operation by means of machinery either forming an integral part of, or permanently attached to, the vehicle

    public body

    [Repealed]

    Public body: this definition was repealed, as from 1 November 1989, by section 2(10) Transport Amendment Act 1989 (1989 No 77).

    quarter means a period of 3 months ending with the last day of March, June, September, or December in any year

    quarter day means the 1st day of March, June, September, or December in any year

    rail service vehicle

    [Repealed]

    Rail service vehicle: this definition was repealed, as from 20 July 2005, by section 103(3) Railways Act 2005 (2005 No 37). See sections 105 to 111 of that Act as to the transitional provisions.

    railway line

    [Repealed]

    Railway line: this definition was repealed, as from 20 July 2005, by section 103(3) Railways Act 2005 (2005 No 37). See sections 105 to 111 of that Act as to the transitional provisions.

    Registrar

    [Repealed]

    Registrar and Deputy Registrar: this definition was repealed, as from 1 August 1986, by section 5(a) Transport Amendment Act 1986 (1986 No 49).

    registration plate

    [Repealed]

    Registration plate: this definition was repealed, as from 30 April 1986, by section 58(1) Transport (Vehicle and Driver Registration and Licensing) Act 1986 (1986 No 6)

    rental car

    [Repealed]

    Rental car: this definition was repealed, as from 1 November 1989, by section 2(6) Transport Amendment Act 1989 (1989 No 77).

    rental service, rental service licence, and rental service vehicle have the same meanings as in section 2 of the Land Transport Act 1998

    road has the same meaning as it has in section 2(1) of the Land Transport Act 1998

    Road: this definition was amended, as from 16 December 1983, by section 16(1) Public Works Amendment Act 1983 (1983 No 150) by omitting the words ; but does not include a motorway within the meaning of the Public Works Amendment Act 1947.

    Road: this definition was substituted, as from 1 March 1999, by section 215(1) Land Transport Act 1998 (1998 No 110).

    sale, in relation to any motor vehicle, includes disposition by way of hire-purchase; and also includes a conditional sale; and sell, seller, and purchaser have corresponding meanings

    seasonal licence

    [Repealed]

    Seasonal licence: this definition was repealed, as from 1 August 1987, by section 2(6) Transport Amendment Act 1987 (1987 No 96).

    Secretary or Secretary for Transport means the chief executive of the Ministry of Transport

    Secretary or Secretary for Transport: this definition was substituted, as from 1 April 1993, by section 2(1) Transport Amendment Act (No 3) 1992 (1992 No 108).

    Secretary or Secretary for Transport: this definition was amended, as from 20 August 1993, by section 35(1) Land Transport Act 1993 (1993 No 88) by substituting the words Ministry of Transport for the word Department.

    Service means a transport service

    Service: this definition was substituted for the definition of Service or transport service, as from 1 November 1989, by section 2(7) Transport Amendment Act 1989 (1989 No 77).

    small passenger service vehicle has the same meaning as in section 2 of the Land Transport Act 1998

    speeding offence and speed limit have the same meanings as they have in section 2(1) of the Land Transport Act 1998

    Speeding offence: this definition was amended, as from 1 February 1982, by section 248(1) Public Works Act 1981 (1981 No 35) by substituting the Public Works Act 1981 for the repealed Public Works Amendment Act 1947.

    Speeding offence: this definition was inserted, as from 1 April 1993, by section 2 Transport Amendment Act (No 3) 1992 (1992 No 108).

    Speeding offence: this definition was substituted, as from 1 March 1999, by section 215(1) Land Transport Act 1998 (1998 No 110).

    stationary vehicle offence has the same meaning as in section 41A

    Stationary vehicle offence: this definition was inserted, as from 1 April 1993, by section 2(1) Transport Amendment Act (No 3) 1992 (1992 No 108).

    taxicab means a motor vehicle—

    • (a) designed principally for the carriage of persons not exceeding 8 in number, inclusive of the driver; and

    • (b) used for hire or reward for the carriage of passengers otherwise than on defined routes; and

    • (c) available for hire to any member of the public

    Taxicab: this definition was amended, as from 20 October 1972, by section 2(1) Transport Amendment Act 1972 (1972 No 129) by omitting the words exclusively or. A station wagon may now be used as a taxicab.

    taxicab service means a passenger service carried on by means of a taxicab or taxicabs used as such

    temporary licence

    [Repealed]

    Temporary licence: this definition was repealed, as from 1 November 1989, by section 2(10) Transport Amendment Act 1989 (1989 No 77).

    territorial authority means a territorial authority within the meaning of the Local Government Act 2002

    Territorial authority: this definition was inserted, as from 1 April 1980, by section 8(3) Local Government Amendment Act 1979 (1979 No 59).

    Territorial authority: this definition was substituted, as from 1 July 2003, by section 262 Local Government Act 2002 (2002 No 84). See sections 273 to 314 of that Act as to the savings and transitional provisions.

    towage fee, in respect of a parking offence, means an amount specified as the towage fee in respect of that offence by the Director by notice in the Gazette; and, for the purposes of this definition, the Director may prescribe different 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

    Towage fee:this definition was inserted, as from 1 April 1981, by section 2(4) Transport Amendment Act 1980 (1980 No 96).

    Towage fee: this definition was amended, as from 22 June 2005, by section 91(7) Land Transport Amendment Act 2005 (2005 No 77) by substituting the words 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 for the words towage fees in respect of offences involving different areas, times, or vehicles. See sections 96 to 100 of that Act as to the transitional and savings provisions.

    traction engine

    [Repealed]

    Traction engine: this definition was repealed, as from 30 April 1986, by section 58(1) Transport (Vehicle and Driver Registration and Licensing) Act 1986 (1986 No 6).

    tractor

    [Repealed]

    Tractor: this definition was repealed, as from 30 April 1986, by section 58(1) Transport (Vehicle and Driver Registration and Licensing) Act 1986 (1986 No 6).

    trade licence

    [Repealed]

    Trade licence: this definition was repealed, as from 30 April 1986, by section 58(1) Transport (Vehicle and Driver Registration and Licensing) Act 1986 (1986 No 6).

    trade plates

    [Repealed]

    Trade plates: this definition was repealed, as from 30 April 1986, by section 58(1) Transport (Vehicle and Driver Registration and Licensing) Act 1986 (1986 No 6).

    traffic officer means an enforcement officer appointed or otherwise holding office under the Land Transport Act 1998

    Traffic officer: this definition was substituted, as from 1 August 1987, by section 2(7) Transport Amendment Act 1987 (1987 No 96). Prior to this date the definition was the only reference in the Act to the appointment of traffic officers or their approval by the Minister. The new section 6 inserted by the same amendment comprehensively dealt with the matter before its repeal.

    Traffic officer: this definition was substituted, as from 1 March 1999, by section 215(1) Land Transport Act 1998 (1998 No 110).

    trailer means a vehicle without motive power that is capable of being drawn or propelled by a motor vehicle from which it is readily detachable; but does not include—

    • (a) a sidecar attached to a motor cycle; or

    • (b) a vehicle normally propelled by mechanical power while it is being temporarily towed without the use of its own power

    Transit New Zealand

    [Repealed]

    Transit New Zealand: this definition was inserted, as from 1 October 1989, by section 2(1) Transport Amendment Act 1989 (1989 No 77).

    Transit New Zealand: this definition was repealed, as from 13 November 2003, by section 90 Land Transport Management Act 2003 (2003 No 118).

    transport service, transport service licence, and transport service vehicle have the same meanings as in section 2 of the Land Transport Act 1998

    trolley omnibus

    [Repealed]

    Trolley omnibus: this definition was repealed, as from 30 April 1986, by section 58(1) Transport (Vehicle and Driver Registration and Licensing) Act 1986 (1986 No 6).

    unladen weight or tare weight, in relation to a vehicle, means the weight of the vehicle together with the fuel in its fuel system (if any) and the equipment and accessories thereon that are necessary for its operation for the purpose for which it was designed

    urban transport area

    [Repealed]

    Urban transport area: this definition was repealed, as from 1 October 1989, by section 2(2) Transport Amendment Act 1989 (1989 No 77).

    use, in relation to a vehicle, includes driving, drawing, or propelling by means of another vehicle, and permitting to be on any road; and to use and user have corresponding meanings

    vehicle has the same meaning as it has in section 2(1) of the Land Transport Act 1998

    Vehicle: this definition was amended by section 2 Transport Amendment Act 1972 (1972 No 129), when section 2 of the Act was completely substituted. Previously a vehicle was simply defined as a contrivance equipped with wheels or revolving runners upon which it moves or is moved. That part of the definition was retained but the specific types of vehicles specified in paras (a) to (i) are excluded from the definition.

    Vehicle: paragraph (d) of this definition was amended, as from 1 August 1987, by section 2 Transport Amendment Act 1987 (1987 No 96), by substituting the expression 355 mm for the expression 14 inches.

    Vehicle: paragraph (i) of this definition was amended, as from 20 August 1993, by section 35(1) Land Transport Act 1993 (1993 No 88) by substituting the word Authority for the word Minister.

    Vehicle: this definition was substituted, as from 1 March 1999, by section 215(1) Land Transport Act 1998 (1998 No 110).

    vehicle recovery service, vehicle recovery service licence, and vehicle recovery service vehicle have the same meanings as in section 2 of the Land Transport Act 1998

    waybill

    [Repealed]

    Waybill: this definition was repealed, as from 1 November 1986, by section 22(1)(b) Transport Amendment Act 1983 (1983 No 33).

    weight has the same meaning as it has in section 2(1) of the Land Transport Act 1998.

    Weight: the two definitions of weight prior to the 1972 amendment were combined into one definition. Weight is defined in relation to a wheel, and in relation to the load.

    Weight: this definition was amended, as from 20 August 1993, by section 35(1) Land Transport Act 1993 (1993 No 88) by substituting the word Authority for the word Minister.

    Weight: this definition was substituted, as from 1 March 1999, by section 215(1) Land Transport Act 1998 (1998 No 110).

    (2) [Repealed]

    (3) [Repealed]

    Section 2(1) Agency: inserted, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

    Section 2(1) Authority: repealed, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

    Section 2(1) Director: repealed, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

    Section 2(1) goods service and goods service licence: amended, on 1 October 2007, by section 91(2) of the Land Transport Amendment Act 2005 (2005 No 77).

    Goods service: this definition was repealed, as from 1 November 1989, by section 2(3) Transport Amendment Act 1989 (1989 No 77).

    Goods service and goods service licence: this definition was inserted, as from 1 November 1989, by section 2(3) Transport Amendment Act 1989 (1989 No 77).

    Large passenger service vehicle: this definition was inserted, as from 1 November 1989, by section 2(4) Transport Amendment Act 1989 (1989 No 77).

    Section 2(1) large passenger service vehicle: amended, on 1 October 2007, by section 91(3) of the Land Transport Amendment Act 2005 (2005 No 77).

    Section 2(1) passenger service, passenger service licence, and passenger service vehicle: amended, on 1 October 2007, by section 91(4) of the Land Transport Amendment Act 2005 (2005 No 77).

    Passenger service and Passenger service vehicle: these definitions were substituted, as from 1 November 1989, by section 2 Transport Amendment Act 1989 (1989 No 77).

    Rental service, rental service licence, and rental service vehicle: these definitions were substituted, as from 1 November 1989, by section 2(6) Transport Amendment Act 1989 (1989 No 77) for the definitions rental service, and rental vehicle.

    Section 2(1) rental service, rental service licence, and rental service vehicle: amended, on 1 October 2007, by section 91(5) of the Land Transport Amendment Act 2005 (2005 No 77).

    Section 2(1) small passenger service vehicle: amended, on 1 October 2007, by section 91(6) of the Land Transport Amendment Act 2005 (2005 No 77).

    Small passenger service vehicle: this definition was inserted, as from 1 November 1989, by section 2(7) Transport Amendment Act 1989 (1989 No 77).

    Section 2(1) Transit: repealed, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

    Transport service, transport service licence, and transport service vehicle: this definition was substituted for the definition of transport licence, as from 1 November 1989, by section 2(8) Transport Amendment Act 1989 (1989 No 77).

    Section 2(1) transport service, transport service licence, and transport service vehicle: amended, on 1 October 2007, by section 91(8) of the Land Transport Amendment Act 2005 (2005 No 77).

    Vehicle recovery service, vehicle recovery service licence, and vehicle recovery service vehicle: this definition was inserted, as from 1 November 1989, by section 2(9) Transport Amendment Act 1989 (1989 No 77).

    Section 2(1) vehicle recovery service, vehicle recovery service licence, and vehicle recovery service vehicle: amended, on 1 October 2007, by section 91(9) of the Land Transport Amendment Act 2005 (2005 No 77).

    Section 2 was substituted, as from 20 October 1972, by section 2(1) Transport Amendment Act 1972 (1972 No 129).

    Subsection (2) was repealed, as from 1 March 1999, by section 215(1) Land Transport Act 1998 (1998 No 110).

    Subsection (3) was repealed, as from 20 August 1993, by section 35(1) Land Transport Act 1993 (1993 No 88).