New Zealand Legislation: Acts
Acts are laws made by Parliament
(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
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
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[Repealed]
Disabled person's vehicle: this definition was repealed, as from 22 June 2005, by section 95(5) Land Transport Amendment Act 2005 (2005 No 77).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
(h) a vehicle that the Agency has declared is not a motor vehicle under section 168A of the Land Transport Act 1998; or
(i) a mobility device
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 person appointed by the Minister to be the Registrar of Motor Vehicles, and includes, where appropriate,—
(a) any person to whom the Registrar 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 Registrar to perform any specified function of the Registrar under this Act
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.
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).
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.
Section 2(1) motor vehicle paragraph (h): amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).
Section 2(1) Officer of the Authority: repealed, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).
Section 2(1) Registrar: substituted, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).
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).