New Zealand Legislation: Acts
Acts are laws made by Parliament
Schedule 3 |
The Third Schedule was amended, as from 20 August 1993, by section 35(1) Land Transport Act 1993 (1993 No 88) by substituting the word “Director”
for the words “Secretary”
and “Secretary for Transport”
, wherever either term occurred.
(1) The Director may, subject to such conditions as the Director thinks fit, exempt the holder of any passenger service licence from all or any of the requirements of these rules in respect of any small passenger service vehicle while that vehicle—
(a) Is used in any registered or contracted service operating between defined points or areas or along defined routes; or
(b) Is used in tour or special contract work; or
(c) Is used in other special circumstances in respect of which the Director considers an exemption is appropriate—
and is not otherwise available for hire; and any such exemption shall apply also in respect of any person driving the vehicle.
(2) The driver of any small passenger service vehicle shall produce a copy of any such exemption on demand by any hirer or by any enforcement officer who is in uniform or who produces evidence of identity as an enforcement officer.
(1) The holder of a passenger service licence shall ensure that every small passenger service vehicle being operated under the licence—
(a) Has fitted on its roof a sign approved by the Director displaying the word “TAXI”
; and
(b) Has fitted, in a position approved by the Director, a sign approved by the Director indicating whether or not the small passenger service vehicle is available for hire.
(2) The signs referred to in subclause (1) of this rule may, if the Director so approves, be combined in one sign.
(3) No person shall drive any small passenger service vehicle that is available for hire during the hours of darkness unless the sign or signs required by subclause (1) of this rule are illuminated.
(4) Any sign required by this rule may be removed, with the consent of the hirer, while the vehicle is hired and being used in connection with a funeral or wedding.
No holder of a passenger service licence shall permit any small passenger service vehicle to be used in the service if there is any advertising material on the outside or on the inside of the vehicle that is on any window or that may impede vision from or into the vehicle or that may obscure any notice, sign, or other matter required by or under this or any other Act to be displayed in or on the vehicle.
(1) Every holder of a passenger service licence shall ensure that there is carried within every small passenger service vehicle being used under the licence, and displayed so as to be readily visible to all passengers, a schedule, in a form approved by the Director,—
(a) Showing fares and charges, and multiple hire discounts; and
(b) Showing the circumstances in which extra charges may be made and the maximum amount of those charges; and
(c) Showing the name and telephone number of the approved taxi organisation to which complaints may be made, or, where the licence holder is not a member of an approved taxi organisation, the name and number of a person (other than the driver of the vehicle) designated by the licence holder as a person to whom complaints may be made; and
(d) Informing passengers that complaints may also be made to the Authority.
(2) No person shall drive any small passenger service vehicle if that vehicle does not have displayed the schedule required by subclause (1) of this rule.
(3) Any schedule required to be displayed by this rule may be removed, with the consent of the hirer, while the vehicle is hired and being used in connection with a funeral or wedding.
Clause 5(1)(d) 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 of Transport or the Passenger Complaints Board”
.
(1) Every holder of a passenger service licence shall ensure that there is displayed on the outside of every small passenger service vehicle being used under the licence, in a place or places and manner approved by the Director, a schedule of fares and charges, and multiple hire discounts.
(2) No person shall drive any small passenger service vehicle if that vehicle does not have displayed on it the schedule required by subclause (1) of this rule.
(3) Any schedule required to be displayed by this rule may be removed, with the consent of the hirer, while the vehicle is hired and being used in connection with a funeral or wedding.
(1) The fares, charges, and multiple hire discounts referred to in rules 5 and 6 of these rules shall be registered with the Director before being displayed in or on any small passenger service vehicle.
(2) No person shall display in or on any small passenger service vehicle, or drive any such vehicle on which is displayed, any fare, charge, or multiple hire discount that has not been registered with the Director.
(1) Any organisation representing the operators of small passenger service vehicles may register a uniform fare, charge, and multiple hire discount schedule with the Director in respect of all small passenger vehicles operated by the organisation or by members of the organisation, irrespective of whether the vehicles are operated under a licence held by the organisation or under licences held by members of the organisation.
(2) Any agreement between operators of small passenger service vehicles to abide by any such schedule or by rules which require compliance with any such schedule, and the enforcement of any such schedule, is hereby specifically authorised for the purposes of the Commerce Act 1986.
(1) Every holder of a passenger service licence shall ensure that there is clearly displayed on both the inside and outside of every small passenger service vehicle used under the licence,—
(a) In the case of a member of an approved taxi organisation, the name, business location, and telephone number of the approved taxi organisation to which the licensee belongs, together with a unique fleet number assigned by the organisation to that vehicle:
(b) In any other case, the name, business location, and telephone number of the operator, together with the unique fleet number for that vehicle.
(1A) The information required by subclause (1) of this rule to be displayed on the inside of the vehicle shall be positioned at the front of the vehicle, and the unique fleet number and name of the organisation shall be positioned on the inside at the rear of the vehicle.
(2) The information required by subclause (1) of this rule to be displayed on the outside of the vehicle shall be positioned on the forward doors on both sides of the vehicle.
(3) Any material required to be displayed by this rule may be removed, with the consent of the hirer, while the vehicle is hired and being used in connection with a funeral or wedding.
Clause 9(1) was substituted, as from 1 April 1993, by section 29 Transport Services Licensing Amendment Act (No 3) 1992 (1992 No 109).
Clause 9(1A) was inserted, as from 1 April 1993, by section 29 Transport Services Licensing Amendment Act (No 3) 1992 (1992 No 109).
(1) Every holder of a passenger service vehicle licence under which a small passenger service vehicle is operated, and every person driving any such vehicle, shall ensure that there is displayed in the vehicle, in a position so as to be readily visible to hirers, the driver's sealed driver identification card.
(2) [Repealed]
(3) Subclause (1) of this rule shall apply at any time when the vehicle is available for hire, irrespective of whether or not there is any hirer in the vehicle.
(4) Nothing in subclause (1) of this rule shall apply to the holder of a driver identification card issued under section 19A of this Act.
Clause 10(2) was repealed, as from 1 April 1993, by section 29 Transport Services Licensing Amendment Act (No 3) 1992 (1992 No 109).
Clause 10(4) was inserted, as from 1 April 1993, by section 29 Transport Services Licensing Amendment Act (No 3) 1992 (1992 No 109).
(1) Every approved taxi organisation shall ensure that there is maintained a single register of complaints received in respect of—
(a) The operation of all small passenger service vehicles operated by holders of passenger service licences who are members of the organisation:
(b) The services operated:
(c) The persons involved in operating the services.
(2) Every holder of a passenger service licence under which one or more small passenger service vehicles are operated, being a licence holder who is not a member of an approved organisation, shall ensure that there is maintained a single register of complaints received in respect of—
(a) The operation of all small passenger service vehicles operated by that holder:
(b) The services operated:
(c) The persons involved in operating the services.
(3) The register shall be made available for inspection at any reasonable time by any enforcement officer who is in uniform or who produces evidence of identity as an enforcement officer.
(4) The register shall be maintained, and available for inspection under subclause (3) of this rule, for a period of not less than 2 years following the date of the latest entry in the register.
Clauses 11(1) and (2) were substituted, as from 1 April 1993, by section 29 Transport Services Licensing Amendment Act (No 3) 1992 (1992 No 109).
(1) Every driver of a small passenger service vehicle shall, if on duty and disengaged, accept any hiring of the vehicle and accept as a passenger the hirer and any person the hirer may require him or her so to accept, up to the authorised seating capacity of the vehicle, except that—
(a) The driver may refuse to accept any person as a passenger, or refuse to continue the hiring of the vehicle by any person, if the driver believes, on reasonable grounds,—
(i) That the driver's personal safety would be threatened or endangered thereby; or
(ii) That the person appears to be under the influence of drink or drug, is in a filthy condition, or is consuming food or drink; or
(iii) That the person is noisy or violent or is disturbing the public peace; or
(iv) That the person is accompanied by any animal (unless that person's sight is impaired and the animal is a guide dog):
(b) The driver may refuse to accept a hire where the hirer has previously failed to pay the fare due for a previous hire and does not pay that fare before the commencement of the new hire:
(c) The driver may refuse to accept a hire where he or she has sought and been refused prepayment of the fare:
(d) The driver may refuse to accept a hire where the vehicle has an adult seating capacity (including the driver) in excess of 6 and is being used in a service that regularly operates between defined points or areas, or is being used in a registered service irrespective of capacity, and the prospective hire is not consistent with that service:
(e) The driver may refuse to accept a hire in any area where the driver does not hold an area knowledge certificate that applies to that area.
(2) Every driver of a small passenger service vehicle shall—
(a) At all times while engaged in operation of the vehicle conduct himself or herself in an orderly, clean, and civil manner:
(b) On being asked by a prospective hirer a question as to the scale or basis of fare chargeable for any specific hiring, state the correct scale or basis of fare (including extra charges) applicable to the hiring; and, where a multiple tariff meter is in operation, inform the hirer when any change in tariff setting is being made:
(c) Carry in or upon the vehicle any reasonable quantity of any luggage when so requested by the hirer, take proper care of any such luggage, and secure it in such a manner as to prevent it being lost or damaged; except that the driver shall not be required to carry upon the vehicle any luggage that—
(i) Would endanger the safe driving and handling of the vehicle; or
(ii) Cannot be reasonably or conveniently carried in or on the vehicle without causing damage to the vehicle; or
(iii) Is of a dirty or objectionable nature:
(d) Immediately on the termination of each hiring, check the vehicle for any property that may have been left in the vehicle by anyone:
(e) If any property is found in the vehicle, notify the driver's office forthwith, and, unless it is previously claimed, deliver it to a police station within 24 hours:
(f) At the end of every hiring, demand no more than the exact amount of the fare and other charges (if any) payable for the hiring as registered under rule 7(1) of these rules, less a deduction of the amount of any prepayment made by the hirer:
(g) On request by any hirer, issue an itemised receipt to the hirer for any fare paid by the hirer, indicating the fare, any special charges, the driver's unique identifier, and the registration number of the vehicle.
(3) No driver of a small passenger service vehicle shall—
(a) When plying for hire, cause the vehicle to be drawn up on or within 20 metres of a designated stand that is already occupied by the full number of vehicles that the stand is intended to accommodate; or
(b) Allow any person, except the hirer and such person or persons as the hirer will admit, to ride in the vehicle:
Provided that nothing in this paragraph shall apply in the case of a driver under instruction where the hirer consents to the carriage of that person; or
(c) Place or carry or allow to be placed or carried in or upon the vehicle any substance of an offensive character; or
(d) Use a meter with intent to deceive; or
(e) Operate the vehicle if the meter has been tampered with; or
(f) Carry in the vehicle any passengers in excess of the authorised maximum number prescribed by the certificate of loading or otherwise than on the seats provided for the purpose.
Clause 12(1)(e) was inserted, as from 1 April 1993, by section 29 Transport Services Licensing Amendment Act (No 3) 1992 (1992 No 109). See section 12 for area knowledge certificate requirements.
Clause 16(6)(ca) was inserted, as from 1 April 1993, by section 29(6) Transport Services Licensing Amendment Act (No 3) 1992 (1992 No 109).
(1) The driver of any small passenger service vehicle (not being a vehicle that is exempt from the requirement to display the signs referred to in rule 3(1) of these rules) may make the vehicle available for hire on any road by driving the vehicle at such a speed as will not impede or interfere with traffic and by displaying an appropriate sign and shall, subject to the exclusions provided in these rules, accept any hiring offered while the vehicle is so available for hire.
(2) No driver of a small passenger service vehicle shall accept a hire, other than by radiotelephone, within 20 metres of any designated stand on which a small passenger service vehicle is available for hire, being a designated stand that is on the same side of the road as the driver of the vehicle at the time the prospective hire arises.
(3) No driver of a small passenger service vehicle shall accept a hire in circumstances where the accepting of the hire would create a traffic hazard or would impede traffic flow.
(1) Where any small passenger service vehicle is available for hire (not being a vehicle referred to in subclause (2) of this rule) and the driver does not wish to seek hires by cruising, the driver may take up station on a designated stand for such vehicles; and, if he or she does so, shall comply with any bylaws relating to the stand.
(2) No driver of a vehicle that is exempted by the Director from the requirement to display the signs referred to in rule 3(1) of these rules shall take up station on a designated stand.
(3) The driver of every small passenger service vehicle shall observe the following rules in connection with the use of any designated stand:
(a) The driver shall not take up a position on the stand unless the vehicle is available for hire:
(b) The driver shall take up with the vehicle the first vacant position on the stand behind the last vehicle thereon:
(c) The driver shall accept the first fare offered, whether or not the driver's vehicle is first on the stand, unless there is some lawful reason to refuse the fare:
(d) As soon as any vehicle on the stand ahead of the driver moves, the driver shall forthwith move his or her vehicle into the position vacated.
(4) The driver of a vehicle shall, while the vehicle is waiting on a stand or elsewhere in terms of this rule, remain constantly in immediate attendance thereupon, unless absent for some reasonable cause.
(5) This rule shall not apply to the extent that it is inconsistent with any bylaw made by the territorial authority that designated the stand.
(1) No person who operates or drives any small passenger service vehicle that is not immediately available for hire shall allow the vehicle to be parked in any place or manner that is likely to impede or interfere with the operation of any small passenger service vehicle that is available for hire.
(2) No person operating a small passenger service vehicle shall stop the vehicle in any road longer than may be reasonably necessary for the purpose of loading or unloading luggage or taking up or setting down passengers, or for any other lawful purpose, except while the vehicle is on a stand or lawfully parked or is waiting for a hirer who has already hired the vehicle.
(1) No holder of a passenger service licence, and no driver, shall operate any small passenger service vehicle, or permit it to be operated, unless it is fitted with a meter that is in good order and condition and correctly registers, as it accrues, the charge for the hire of the vehicle as displayed in accordance with rules 5 and 6 of these rules.
(2) No meter shall be used until it has been tested, sealed, and certificated by the Director or a person authorised by the Director.
(3) New meters or meters transferred from one vehicle to another shall be installed in a position satisfactory to the Director or person authorised by the Director, and shall be designed and positioned so as to be easily read by a hirer.
(4) Except with the consent of the Director or a person authorised by the Director, no holder of a passenger service licence shall cause or permit any meter to be fitted to any vehicle other than one in respect of which it has been tested.
(5) The holder of a passenger service licence shall—
(a) Whenever the meter has ceased to register or is in any other way out of order, or whenever the seal of the meter is broken or not in place, ensure that the vehicle ceases plying for hire (unless authorised by any enforcement officer) and have the meter repaired, tested, and sealed to the satisfaction of an enforcement officer:
(b) Maintain the meter in good working order and condition and have it tested, sealed, and certificated by the Director or a person authorised by the Director at intervals not greater than 6 months apart:
(c) Following any alterations made to the vehicle or to the size of the tyres or fittings attached to the vehicle that may affect the correctness of the meter, or where any changes are made to the fare rates, forthwith and before carrying any passengers for hire, have the meter retested, sealed, and certificated by the Director or a person authorised by the Director.
(6) The driver of every small passenger service vehicle shall—
(a) As soon as the vehicle has been hired, or the hirer has become aware of the vehicle's arrival (except to the extent that the hirer becomes so aware at a time earlier than that for which the vehicle was ordered), or the journey has commenced, as the case may require, and not sooner, set the meter fitted to the vehicle in motion:
(b) Throughout the period of hiring during which the meter must be used to calculate the charge for the hiring, keep the meter in motion and not stop the meter or cause or permit it to be stopped until the hiring has terminated:
(c) Immediately upon the termination of any hiring or part of any hiring during which the meter must be used, stop the meter:
(ca) Whenever the seal of the meter is broken or not in place, ensure that the vehicle ceases plying for hire (unless authorised by any enforcement officer):
(d) Keep the face of the meter sufficiently illuminated during any period of hiring so that the meter may be easily read at any time by the hirer:
(e) Where the vehicle has been stopped by an enforcement officer, or is involved in a minor accident, stop the meter for the duration of the interruption to the journey.
(7) Whenever it appears to the Director that a meter affixed to a small passenger service vehicle may be registering incorrectly or has ceased to register, or is otherwise not in accordance with this rule, the Director may, by notice in writing addressed to any person operating the vehicle, require that person to produce the vehicle at any reasonable time for the purpose of inspecting or testing the meter at such time and place as the Director specifies.
(8) If, on inspection or testing, the meter is found to be not registering or to be registering incorrectly, the licence holder shall ensure that, unless authorised by an enforcement officer, the vehicle ceases to ply for hire until the meter has been repaired, sealed, and certificated to the satisfaction of the Director.
(9) No person shall cause or permit any interference with the meter affixed to any vehicle which may prevent it from registering correctly.
(10) Any enforcement officer who is in uniform or who produces evidence of identity as an enforcement officer may stop any small passenger service vehicle for any purpose connected with this rule and inspect the vehicle, and inspect or test any meter or any other equipment fitted to the vehicle.
(11) Any enforcement officer may direct in writing any person operating a small passenger service vehicle to proceed forthwith, or at such time as the officer may stipulate, to any place in order that the vehicle or any equipment in it may be inspected or tested by the Director or a person authorised by the Director.
(12) Every holder of a passenger service licence and every driver of a small passenger service vehicle shall afford every facility to any enforcement officer to inspect any such vehicle or inspect or test any meter or any other related equipment fitted to the vehicle.
No holder of a passenger service licence, and no driver, shall operate a small passenger service vehicle unless it is in good and clean repair and condition and ready for immediate use.
Except as provided in rule 19 of these rules (which relates to multiple hires), every driver of a small passenger service vehicle shall, unless otherwise requested or agreed by the hirer, travel from the place the hirer enters the vehicle to the intended destination of the hirer without any unnecessary deviation from the route that is most advantageous to the passenger.
(1) The driver of a small passenger service vehicle may permit its simultaneous use by more than one hirer (such use being referred to in this rule as multiple hire) in accordance with this rule.
(2) The driver of a vehicle wishing to undertake multiple hire shall first request the existing hirer to share, without substantial departure from the most advantageous route to the existing hirer's destination, the use of the vehicle with the prospective hirer and any passenger accompanying the prospective hirer.
(3) Where the existing hirer has agreed to a multiple hire he or she may nevertheless object to any prospective hirer once any accompanying passengers are visible to him or her; and if objection is made the multiple hire shall not include the prospective hirer or person so objected to.
(4) If the existing hirer or hirers agree unconditionally to the request, but not otherwise, the driver may then authorise the use of the vehicle by the other hirer and any accompanying passengers, if that hirer agrees to so share the vehicle.
(5) Notwithstanding anything in rule 21 of these rules, a person operating or driving a small passenger service vehicle who undertakes a multiple hire may charge such fare as may be agreed with the multiple hirers, provided that each such hirer pays no more than the metered fare that would have applied to that hirer if the hirer had been travelling alone (or, if appropriate, travelling with accompanying passengers of that hirer who were not also hirers).
(6) Nothing in this rule applies in respect of any small passenger service vehicle that has an adult seating capacity (including the driver) in excess of 6 persons and is used in a service that regularly operates between defined points or areas or is being used in a registered service irrespective of capacity.
No person may smoke in any small passenger service vehicle that is carrying passengers unless all persons in the vehicle agree that the person may smoke.
(1) No person operating or driving a small passenger service vehicle may charge any fare that is in excess of the fare or scale of fares registered with the Director.
(2) No agreement to pay any fare at any rate in excess of a fare registered with the Director shall be enforceable in respect of the excess.
(3) Where any small passenger service vehicle displays fares calculated wholly or partly by distance, that vehicle shall be fitted with a meter to record the fare as it accumulates. Any agreement to pay a different fare shall be enforceable only if the agreed fare is less than that shown on the meter.
(4) Nothing in this rule shall prevent the charging of any fare pursuant to, or render unenforceable,—
(a) Any agreement in respect of a multiple hire that complies with rule 19(5) of these rules; or
(b) Any agreement where the service provided includes services beyond those normally provided by a small passenger service (such as grooming and decoration for weddings); or
(c) Any agreement with an approved taxi organisation entered into for the purposes of providing or guaranteeing special services or availability of services.
In these rules, tow includes carry.
(1) Every holder of a vehicle recovery service licence shall ensure that there is clearly displayed on both the inside and the outside of every vehicle used under the licence the name, business location, and contact telephone number of the holder of the licence and the name of any relevant vehicle recovery service organisation of which the holder is a member.
(2) The information required by subclause (1) of this rule to be displayed on the outside of the vehicle shall be positioned on the forward doors on both sides of the vehicle.
Every driver of a vehicle recovery service vehicle shall wear, in such a position as to be readily visible, the driver's sealed driver identification card.
No holder of a vehicle recovery service licence shall permit any vehicle to be used in the service if there is any advertising material on the outside or on the inside of the vehicle that is on any window or that may impede vision from or into the vehicle or that may obscure any notice, sign, or other matter required by or under this or any other Act to be displayed in or on the vehicle.
Where the driver of any vehicle being used in a vehicle recovery service permits any person to be a passenger in the vehicle other than—
(a) Persons who were occupants of any vehicle being towed; or
(b) Any other person who holds a licence entitling the person to drive a vehicle recovery service vehicle; or
(c) The holder of the vehicle recovery service licence or any person having control of the service and named as such on the licence,—
the driver shall be responsible for ensuring that the person does not engage in any threatening or improper behaviour; and for the purposes of section 38(3) of this Act the driver shall be deemed to have breached this rule whenever any such person engages in threatening or improper behaviour while the person is a passenger in the vehicle or is in the vicinity of the vehicle at any time when the vehicle is attending a crash, breakdown, or other situation in which the vehicle's services may be required, regardless of any lack of fault on the part of the driver.
(1) The driver of a vehicle recovery service vehicle shall, if so directed by an enforcement officer or an ambulance officer, move himself or herself, and the vehicle, away from the immediate environs of a crash scene.
(2) Where an enforcement officer or an ambulance officer also requests the removal of any person who is, or who arrived at the environs of the crash as, a passenger in the vehicle (other than a person referred to in paragraphs (a) to (c) of rule 5 of these rules), the driver shall also be responsible for ensuring the removal of that person; and for the purposes of section 38(3) of this Act the driver shall be deemed to have breached this rule where the person fails to comply with any such request, regardless of any lack of fault on the part of the driver.
(1) Every holder of a vehicle recovery service licence and the driver of any vehicle used in the service shall ensure that no animal is carried in or on any such vehicle at any time when the vehicle is being used in the service or is available for use in the service (irrespective of whether or not there are any passengers in the vehicle).
(2) Subclause (1) of this rule shall not apply to prevent the carriage of—
(a) Any animal that was in a vehicle involved in the crash or breakdown or other situation that the vehicle recovery service vehicle was attending; or
(b) Any stock involved in a crash where it is appropriate for that stock to be transported by the vehicle from the scene of the crash.
(1) No vehicle may be towed by any vehicle recovery service vehicle unless a tow authority has been completed and is carried in the vehicle recovery service vehicle.
(2) The tow authority shall be in a form approved by the Director and shall contain—
(a) The make, model, colour, and registration number of the vehicle being moved; and
(b) The time and place of pickup; and
(c) The intended place of set down (with actual place of set down, if different); and
(d) The time of set down, to be completed on set down; and
(e) The name and address and, where practicable, the signature of the person ordering the vehicle to be moved; and
(f) The name, address, and signature of the driver of the vehicle recovery service vehicle; and
(g) An indication of whether the reason for the vehicle being moved was a crash, a breakdown, or an unauthorised parking of the vehicle.
Part 2, Clause 8 was amended, as from 20 August 1993, by section 35(1) Land Transport Act 1993 (1993 No 88) by substituting the word “Director”
for the words “Secretary”
and “Secretary for Transport”
, wherever either term occurred.
No person may move any vehicle using a vehicle recovery service vehicle unless the tow authority has been signed by—
(a) The driver or a person claiming or appearing to be the owner of the vehicle, or a representative of the owner; or
(b) A constable, traffic officer, parking warden, or emergency service officer; or
(c) Where the vehicle is being towed from any land or building that is not a road, the owner or a representative of the owner of the land or building:
Provided that, if no such person is available, the driver of the vehicle recovery service vehicle shall record the name, address, and contact telephone number of the person who requested that the tow be undertaken.
The driver of a vehicle recovery service vehicle towing any vehicle shall tow the vehicle to the place of intended set down without unnecessary delay or deviation from the shortest available route, unless otherwise instructed by the driver or owner or person claiming to be a representative of the owner of the vehicle, or by a constable, traffic officer, or emergency service officer.
Every holder of a vehicle recovery service licence and every driver of a vehicle used under that licence shall take all reasonable precautions to prevent loss of or from, or damage to, any motor vehicle that is being or has been towed under the licence.
(1) Every holder of a vehicle recovery service licence shall maintain a register comprising, in chronological order, all the tow authorities completed in respect of each vehicle recovery service vehicle operated under the licence.
(2) Every tow authority shall be included in the appropriate register within 18 hours after the completion of the tow to which it relates.
(3) The register shall be made available for inspection by—
(a) Any enforcement officer who is in uniform or who produces evidence of identity as an enforcement officer; and
(b) Any person authorised by the Director to collect transport-related statistics who produces evidence of that authority—
at any reasonable time during a period of 12 months next following the latest date to which it refers.
(1) Every holder of a vehicle recovery service licence under which one or more vehicle recovery service vehicles are operated shall ensure that there is maintained a single register of complaints received in respect of the operation of the vehicle recovery service.
(2) No complaint need be entered in the register unless the complaint is signed and in writing.
(3) The register shall be made available for inspection at any reasonable time by any enforcement officer who is in uniform or who produces evidence of identity as an enforcement officer.
(4) The register shall be maintained, and available for inspection under subclause (3) of this rule, for a period of not less than 2 years following the day of the latest entry in the register.
(1) Every holder of a rental service licence shall keep a register and ensure that there is entered in the register, in respect of every hire, the following particulars:
(a) The make, model, colour, and registration number of the vehicle:
(b) The time and date of delivery:
(c) The full name and address of the hirer of the vehicle:
(d) The full name and address of the person to whom delivery of the vehicle is given:
(e) Except in the case of hire to a Government department or body corporate, the full name and address of every person who is to drive the vehicle, the driver's licence of every such person, and the number of and date of expiry of every such licence.
(2) No holder of a rental service licence shall hire any rental vehicle to any person other than a department of State or body corporate unless the holder or a person acting on the holder's behalf has first inspected the driver's licence of every person who is to drive the vehicle, and checked that the particulars required to be entered in the register under subclause 1(e) of this rule are correct.
(3) If delivery of a motor vehicle is given elsewhere than at the licence holder's place of business, it shall be sufficient compliance with this clause if the foregoing particulars and signature are taken on a detached paper and affixed in the register at some time on the same or next following day.
(4) The holder of a rental service licence shall, whenever reasonably requested to do so by the Director, produce for inspection by any enforcement officer the register relating to hire transactions for a period of 3 years preceding the date of that request.
(1) The holder of a rental service licence and the hirer of any rental vehicle operated under that licence shall enter into an agreement for the hire of the vehicle which shall be in the terms set out in the Annex to these rules.
(2) No holder of a rental service licence shall offer any agreement for the hire of any vehicle operated by the holder that is not in the terms set out in the Annex to these rules.
(3) The holder of the rental service licence shall ensure that the hirer is given at least one copy of the agreement.
(4) Where a copy or copies of the agreement has or have been given to the hirer, the hirer shall ensure that a copy of the agreement is kept in the vehicle throughout the term of the hire and produced on demand to an enforcement officer.
(1) The holder of a rental service licence shall ensure that, before entering into an agreement for hire of any rental vehicle, the prospective hirer is informed of the effect of clauses 10 and 11 of the agreement and is offered insurance to a standard not less than that specified in clause 10 of the agreement.
(2) Where the hirer has the insurance cover provided in clause 10 of the agreement and has not signed the acknowledgment in that clause of his or her liability for a specified amount of any damage or loss to which the insurance cover relates, the hirer shall not be liable for that amount of any such damage or loss.
(3) Where the hirer has not signed the acknowledgment of liability set out in clause 11 of the agreement, the hirer shall not be liable to the owner for any damage to the vehicle or consequential loss of revenue or other expenses other than damage or loss caused in circumstances in which, if the offer of insurance had been made and accepted without provision for the hirer to be liable for a stated amount of damage or loss, the hirer would nevertheless have been liable for that damage or loss.
Notwithstanding anything to the contrary in these rules any person may, with the general or specific consent of the holder of the rental service licence, drive a rental vehicle for the purpose of learning to drive the vehicle or undergoing a test for a driver's licence so long as, while the person who does not hold a licence to drive the vehicle is driving the vehicle, that person is at all times accompanied by a person who is the holder of a driver's licence authorising that person to drive that vehicle.
An agreement made the....... day of............. 19... between [Full name] of [Address] (hereinafter called the owner) of the one part, and [Full name] of [Address] (hereinafter called the hirer) of the other part. It is hereby agreed as follows:
VEHICLE DESCRIPTION
1 The owner will let and the hirer will take on hire the following motor vehicle, that is to say a [Description].
Registered No............. (hereinafter referred to as the vehicle).
DURATION OF HIRE
2 The term of hire shall commence at............. am/pm on / / and shall cease at............. am/pm on / / .
PERSONS WHO MAY DRIVE VEHICLE
[Delete this clause where the hirer is a body corporate or a department of State.]
3 The vehicle may be driven during the period of hire only by the persons named in this clause, and only if they hold a current driver's licence appropriate for the vehicle at the time when they are driving the vehicle.
| Driver's Full Name (Including Hirer if Hirer is Driving) | Private Address | Driver's Licence Expiry Date | Signature of Licence Holder |
|---|---|---|---|
| ONLY DRIVERS LISTED HERE MAY DRIVE THE VEHICLE | |||
PAYMENTS BY HIRER
4 The hirer shall pay to the owner as payment for the hire of the vehicle for the period specified in clause 2 of this agreement the sum of $.......
5 In addition to the payment specified in clause 4 of this agreement, the hirer shall pay to the owner the sum of $....... for the insurance cover set out in clause 10 of this agreement. [Delete if cover rejected or offered free of charge.]
6 In addition to the payment specified in clause 4 of this agreement, the hirer shall pay to the owner on termination of the hiring a distance charge at the rate of....... cents per kilometre for every kilometre run in excess of kilometres. [Delete if not applicable.]
The total distance that the hirer may run the vehicle during the period of the hire shall not exceed....... kilometres [Delete if not applicable].
7 The hirer shall pay for all petrol or other fuel (but not oil) used in the vehicle during the period of hire.
HIRER'S OBLIGATIONS
8 The hirer shall ensure that—
(a) The water in the radiator and battery of the vehicle is maintained at the proper level:
(b) The oil in the vehicle is maintained at the proper level:
(c) The tyres are maintained at their proper pressure.
9 The hirer shall ensure that all reasonable care is taken in handling and parking the vehicle and that it is left securely locked when not in use.
INSURANCE
[Clause 10 should be deleted if the hirer chooses to refuse the insurance and signs both the acceptances in clause 11.]
10 Subject to the exclusions set out below, the hirer, and any driver authorised to drive the vehicle, is fully indemnified in respect of any liability he or she might have to the owner in respect of the loss of or damage to the vehicle and its accessories and spare parts and any consequential loss of revenue or other expenses of the owner, including towing and salvage costs associated with the recovery of the vehicle and its accessories and spare parts.
Subject to the exclusions set out below, the hirer, and any driver authorised to drive the vehicle, is indemnified to the extent of $....... [insert sum or specify “without limit”
] in respect of any liability he or she might have for damage to any property (including injury to any animal) belonging to any other person and arising out of the use of the vehicle.
Annex, Clause 10 was amended, as from 1 April 1993, by section 29(7)(a) and (b) Transport Services Licensing Amendment Act (No 3) 1992 (1992 No 109) by substituting the expression “$....... [insert sum or …]”
for the expression “$250,000 [or substitute greater sum or specify
, and omitting the expression ‘without limit’
]”“not exceeding $750”
.
| EXCLUSIONS |
[Any of the following exclusions may be omitted.]
The indemnities referred to above shall not apply where the damage, injury, or loss arises when—
(a) The driver of the vehicle is under the influence of alcohol or any drug that affects his or her ability to drive the vehicle:
(b) The vehicle is in an unsafe or unroadworthy condition that arose during the course of the hire and that caused or contributed to the damage or loss, and the hirer or driver was aware or ought to have been aware of the unsafe or unroadworthy condition of the vehicle:
(c) The vehicle is operated in any race, speed test, rally, or contest:
(d) The hirer is not a body corporate or department of State and the vehicle is driven by any person not named in clause 3 of this agreement:
(e) The vehicle is driven by any person who at the time when he or she drives the vehicle is disqualified from holding or has never held a driver's licence appropriate for that vehicle:
(f) The vehicle is wilfully or recklessly damaged by the hirer or any other person named in clause 3 of this agreement or driving the vehicle under the authority of the hirer, or is lost as a result of the wilful or reckless behaviour of the hirer or any such person:
(g) The vehicle is operated on any of the following roads:
[Specify roads where the vehicle may not be operated.]
(h) The vehicle is operated outside the term of the hire or any agreed extension of that term.
It is agreed between the owner and the hirer that section 11 of the Insurance Law Reform Act 1977 shall apply with respect to the above exclusions as if this clause constituted a contract of insurance.
The general effect of this provision is that an exclusion will not apply if the hirer proves on the balance of probability that the damage or loss was not caused or contributed to by the matters to which the exclusion refers.
The hirer acknowledges that he or she is aware of the above exclusions.
| ............. [Signature of hirer.] |
YOU SHOULD NOT SIGN THIS UNLESS YOU ARE SURE YOU UNDERSTAND ITS EFFECT.
| HIRER'S LIABILITY |
[Delete if no excess applies]
The hirer acknowledges that he or she shall be liable in respect of the first $....... [Insert amount] of the damage or loss referred to in the insurance cover specified in this clause.
This does not apply to damage or loss resulting from fire or from the theft or conversion or attempted theft or conversion of the vehicle.
| ............. [Signature of hirer.] |
YOU SHOULD NOT SIGN THIS UNLESS YOU ARE SURE YOU UNDERSTAND ITS EFFECT.
REJECTION OF INSURANCE
[Clause 11 should be deleted if the hirer chooses to accept the insurance cover in clause 10.]
11 The hirer accepts that the vehicle is hired to the hirer at the hirer's own risk in respect of loss of or damage to the vehicle and consequential loss by the owner. The hirer accepts that he or she may be liable to the owner for any loss of or damage to the vehicle and consequential loss.
| ............. [Signature of hirer.] |
YOU SHOULD NOT SIGN THIS UNLESS YOU ARE SURE YOU UNDERSTAND ITS EFFECT.
The hirer accepts that he or she has no insurance cover under this agreement in respect of any damage, injury, or loss caused to any person or property.
| ............. [Signature of hirer.] |
YOU SHOULD NOT SIGN THIS UNLESS YOU ARE SURE YOU UNDERSTAND ITS EFFECT.
OWNER'S OBLIGATIONS
12 The owner shall supply the vehicle in a safe and roadworthy condition.
13 The owner shall be responsible for all ordinary and extraordinary costs of running the vehicle during the term of hire except to the extent that by the terms of this agreement those costs are payable by the hirer.
| NOTE: | By virtue of clause 7 of this agreement, the cost of petrol and other fuel, but not oil, used during the term of hire is the responsibility of the hirer. |
MECHANICAL REPAIRS AND ACCIDENTS
14 If the vehicle is damaged or requires repair or salvage, whether because of an accident or breakdown, the hirer shall advise the owner of the full circumstances by telephone as soon as practicable.
15 The hirer shall not arrange or undertake any repairs or salvage without the authority of the owner except to the extent that the repairs or salvage are necessary to prevent further damage to the vehicle or to other property.
16 The hirer shall ensure that no person shall interfere with the distance recorder or speedometer, or, except in an emergency, any part of the engine, transmission, braking, or suspension systems of the vehicle.
USE OF THE VEHICLE
17 The hirer shall not use or permit the vehicle to be used for the carriage of passengers for hire or reward unless the vehicle is hired with the knowledge of the owner for use in a passenger service licensed under Part I of the Transport Services Licensing Act 1989.
18 The hirer shall not—
(a) Sublet or hire the vehicle to any other person:
(b) Permit the vehicle to be operated outside his or her authority:
(c) Operate the vehicle, or permit it to be operated, in circumstances that constitute an offence by the driver against any of sections 56, 57, and 58 of the Land Transport Act 1998:
(d) Operate the vehicle or permit it to be operated in any race, speed test, rally, or contest:
(e) [Repealed]
(f) Operate the vehicle or permit it to be operated in breach of the Transport Act 1962, the Land Transport Act 1998, the Traffic Regulations 1976, or any other Act, regulations, rules, or bylaws relating to road traffic:
(g) Operate the vehicle or permit it to be operated for the transport of more than the number of passengers or more than the weight of goods specified in the certificate of loading for the vehicle:
(h) Drive or permit the vehicle to be driven by any person if at the time of driving the vehicle the hirer or other person is not the holder of a current driver's licence appropriate for the vehicle.
Paragraph (c) was substituted, as from 1 March 1999, by section 215(1) Land Transport Act 1998 (1998 No 110).
Paragraph (e) was repealed, as from 1 April 1993, by section 29(8) Transport Services Licensing Amendment Act (No 3) 1992 (1992 No 109).
Paragraph (f) was amended, as from 1 March 1999, by section 215(1) Land Transport Act 1998 (1998 No 110) by inserting the words “the Land Transport Act 1998,”
and the word “rules,”
.
RETURN OF VEHICLE
19 The hirer shall, at or before the expiry of the term of hire, deliver the vehicle to [Insert address to which vehicle to be delivered], or obtain the owner's consent to the continuation of hire.
IMMEDIATE RETURN OF VEHICLE WHERE DEFAULT OR DAMAGE
20 The owner shall have the right to terminate the hiring and take immediate possession of the vehicle if the hirer fails to comply with any of the terms of this agreement, or if the vehicle is damaged. The termination of the hiring under the authority of this clause shall be without prejudice to the other rights of the owner and the rights of the hirer under this agreement or otherwise.
| [Signature] Hirer | [Signature] Owner. |
| [Time and date of signatures] | |
| NOTE TO HIRER | |
| THE OWNER MUST GIVE YOU AT LEAST ONE COPY OF THE AGREEMENT. A COPY MUST BE KEPT IN THE VEHICLE THROUGHOUT THE TERM OF THE HIRE AND PRODUCED ON DEMAND BY ANY POLICE OFFICER, TRAFFIC OFFICER, OR OTHER AUTHORISED EMPLOYEE OF THE AUTHORITY. | |
The Note at the end of the Annex to Part 3 was amended, as from 20 August 1993, by section 35 Land Transport Act 1993 (1993 No 88) by substituting the word “Authority”
for the words “Ministry of Transport”
.
