Transport (Vehicle and Driver Registration and Licensing) Act 1986

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2 Interpretation
  • (1) In this Act, unless the context otherwise requires,—

    Articulated vehicle means any motor vehicle with a semi-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

    Authority means Land Transport New Zealand established by section 66 of the Land Transport Management Act 2003

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

    Authority: this definition was amended, as from 1 March 1999, by section 215(1) Land Transport Act 1998 (1998 No 110) by substituting the words continued by section 184 of the Land Transport Act 1998 for the words established by section 15 of the Land Transport Act 1993.

    Authority: this definition was substituted, as from 1 December 2004, by section 19(1) Land Transport Management Amendment Act 2004 (2004 No 97). See sections 20 to 22 of that Act as to the savings and transitional provisions.

    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

    Director means the Director of Land Transport appointed under section 186 of the Land Transport Act 1998

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

    Director: this definition was amended, as from 1 March 1999, by section 215(1) Land Transport Act 1998 (1998 No 110), by substituting the words section 186 of the Land Transport Act 1998 for the words section 24 of the Land Transport Act 1993.

    Director: this definition was amended, as from 1 December 2004, by section 19(1) Land Transport Management Amendment Act 2004 (2004 No 97) by omitting the word Safety. See sections 20 to 22 of that Act as to the savings and transitional provisions.

    Disabled person's vehicle

    [Repealed]

    Disabled person's vehicle: this definition was repealed, as from 22 June 2005, by section 95(5) Land Transport Amendment Act 2005 (2005 No 77). See sections 96 to 100 of that Act as to the transitional and savings provisions.

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

    Duplicate, in relation to any original certificate issued under this Act, includes a document that is a substitute or replacement for that certificate

    Duplicate: this definition was inserted, as from 2 September 1993, by section 2 Transport (Vehicle and Driver Registration and Licensing) Amendment Act 1992 (1992 No 110). See regulation 2 Transport (Vehicle and Driver Registration and Licensing) Amendment Act Commencement Order 1993 (SR 1993/256).

    Goods-service vehicle means a motor vehicle designed exclusively or principally for the carriage of goods (including animals and mails) but does not include a tractor

    Gross weight, in relation to any vehicle or combination of vehicles, means the weight of the vehicle or of the vehicles comprising the combination, together with the load for the time being carried by the vehicle or vehicles, including any equipment and accessories

    Provided that for the purposes of this Act and of any regulations under this Act, and without limiting the methods by which the gross weight of a vehicle may be determined, the gross weight of a vehicle may be determined by adding the weight on its axles or groups of axles:

    Gross weight: this definition was inserted, as from 7 January 1989, by section 2 Transport (Vehicle and Driver Registration and Licensing) Amendment Act 1988 (1988 No 171).

    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 weight of which exceeds 3500 kilograms

    Heavy-motor vehicle: this definition was amended, as from 29 July 1995, by section 2 Transport (Vehicle and Driver Registration and Licensing) Amendment Act 1995 (1995 No 45) by substituting the expression 3500 for the expression 2000.

    Minister means the Minister of Transport

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

    mobility device: this definition was inserted, as from 22 June 2005, by section 95(5) Land Transport Amendment Act 2005 (2005 No 77). See sections 96 to 100 of that Act as to the transitional and savings provisions.

    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

    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

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

    Motor vehicle means a vehicle drawn or propelled by mechanical power; and includes a trailer, but does not include—

    • (a) A vehicle running on rails; or

    • (b) [Repealed]

    • (c) A trailer (not being a trailer designed solely for the carriage of goods) that is designed and used exclusively as part of the armament of any of Her Majesty's Forces; or

    • (d) A trailer running on 1 wheel and designed exclusively as a speed measuring device or for testing the wear of vehicle tyres; or

    • (e) A vehicle designed for amusement purposes and used exclusively within a place of recreation, amusement, or entertainment to which the public does not have access with motor vehicles; or

    • (f) A pedestrian-controlled machine designed to perform some mechanical operation and not designed for the carriage of persons or goods; or

    • (g) A pedestrian-controlled forklift; or

    • (i) a mobility device

    Motor vehicle: paragraph (b) of this definition was repealed, as from 22 June 2005, by section 95(5) Land Transport Amendment Act 2005 (2005 No 77). See sections 96 to 100 of that Act as to the transitional and savings provisions.

    Motor vehicle: paragraph (g) of this definition was amended, as from 22 June 2005, by section 95(5) Land Transport Amendment Act 2005 (2005 No 77) by adding the word ; or. See sections 96 to 100 of that Act as to the transitional and savings provisions.

    Motor vehicle: paragraphs (h) and (i) were inserted, as from 22 June 2005, by section 95(5) Land Transport Amendment Act 2005 (2005 No 77). See sections 96 to 100 of that Act as to the transitional and savings provisions.

    Officer of the Authority includes an employee of the Authority

    Officer of the Authority: this definition was inserted, as from 20 August 1993, by section 35 Land Transport Act 1993 (1993 No 88).

    Owner, in relation to a motor vehicle, means the person lawfully entitled to possession of the motor vehicle, 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

    Prescribed fees means the applicable fees and charges prescribed for the purposes of Part 1 of this Act by regulations made under the Land Transport Act 1998

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

    Registrar means the Secretary, and includes, where appropriate,—

    • (a) Any person to whom the Secretary has delegated any of the powers, duties, or functions of the Registrar under this Act:

    • (b) Any person for the time being authorised by the Secretary to perform any specified function of the Registrar under this Act:

    Registrar: this definition was substituted, as from 1 April 1987, by section 32(1) State Owned-Enterprises Act 1986 (1986 No 124).

    Registrar: this definition was substituted, as from 30 April 1997, by section 2(1) Transport (Vehicle and Driver Registration and Licensing) Amendment Act 1997 (1997 No 2).

    Registration plate means any registration plate issued under the Transport Act 1962 or this Act

    Road includes a street; and also includes any place to which the public have access, whether as of right or not; and also includes all bridges, culverts, ferries, and fords forming part of any road, street, or place to which the public have access

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

    Secretary means the chief executive of the Ministry of Transport

    Secretary: this definition was substituted, as from 2 September 1993, by section 2 Transport (Vehicle and Driver Registration and Licensing) Amendment Act 1992 (1992 No 110). See regulation 2 Transport (Vehicle and Driver Registration and Licensing) Amendment Act Commencement Order 1993 (SR 1993/256).

    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:

    Traction engine means a motor vehicle that is—

    • (a) Propelled by steam power; and

    • (b) Designed for use on roads; and

    • (c) Not designed for the carriage of goods or persons other than the driver:

    Tractor means a motor vehicle (not being a traction engine) designed principally for traction at speeds not exceeding 50 kilometres an hour

    Trade plate means a trade plate issued under section 22 of the Transport Act 1962 or section 34 of this Act

    Traffic officer means an enforcement officer under the Land Transport Act 1998

    Traffic officer: this definition was substituted, as from 1 August 1987, by section 2 Transport (Vehicle and Driver Registration and Licensing) Amendment Act 1987 (1987 No 107).

    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:

    Trolley omnibus means an electrically propelled passenger-service vehicle that normally derives its power from an external source

    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 means a contrivance equipped with wheels, tracks, or revolving runners upon which it moves or is moved; but does not include—

    • (a) A perambulator or pushchair:

    • (b) A shopping or sporting trundler not propelled by mechanical power:

    • (c) A wheelbarrow or hand-trolley:

    • (d) [Repealed]

    • (e) A pedestrian-controlled lawnmower:

    • (f) A pedestrian-controlled agricultural machine not propelled by mechanical power:

    • (g) An article of furniture:

    • (h) A wheel-chair not propelled by mechanical power.

    Vehicle: paragraph (d) of this definition was repealed, as from 22 June 2005, by section 95(5) Land Transport Amendment Act 2005 (2005 No 77). See sections 96 to 100 of that Act as to the transitional and savings provisions.

    (2) Except in proceedings for an offence against this Act or any regulations under this Act, if any question arises whether any vehicle is designed as a motorcar, a goods-service vehicle, or any other type of motor vehicle for the purposes of this Act or of any regulations under this Act, that question shall be determined by the Secretary.