Transport Services Licensing Act 1989

  • repealed
  • Transport Services Licensing Act 1989: repealed, on 1 January 2009, by section 63(1) of the Public Transport Management Act 2008 (2008 No 87).
2 Interpretation
  • (1) In this Act, unless the context otherwise requires,—

    Accident

    [Repealed]

    Accident: this definition was inserted, as from 1 April 1993, by section 2 Transport Services Licensing Amendment Act (No 3) 1992 (1992 No 109).

    Accident: this definition was repealed, as from 20 July 2005, by section 103(3) Railways Act 2005 (2005 No 37).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.

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

    Approved safety system

    [Repealed]

    Approved safety system: this definition was inserted, as from 1 April 1993, by section 2 Transport Services Licensing Amendment Act (No 3) 1992 (1992 No 109).

    Approved safety system: this definition was repealed, as from 20 July 2005, by section 103(3) Railways Act 2005 (2005 No 37).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.

    Approved taxi organisation means a taxi organisation approved or deemed to be approved by the Agency under section 21 of this Act

    Business location, in relation to any matter required by this Act to be displayed on any vehicle, means—

    • (a) In the case of a licence holder, operator, or approved taxi organisation which has its base location in an urban area, the location of that base by reference to the town or city, and the suburb (if any), in which it is situated:

    • (b) In any other case, any description of location by which the base location of the licence holder, operator, or organisation can be easily identified, whether by reference to any road and area, or by reference to the nearest urban area:

    Control, in relation to a transport service or a proposed or approved taxi organisation, means direct or indirect control of the management of the whole or part of the transport service or taxi organisation by shareholding or the holding of any position (however described) in the management of the whole or part of the transport service or taxi organisation that gives the person a significant influence on the operation of the whole or part of the service or organisation (whether or not other persons are also involved)

    Designated stand means an area designated by a territorial authority as an area in which small passenger service vehicles, being vehicles that are identified by signs as taxis and that are indicating their availability for hire, may wait for hires

    Driver identification card means the driver identification card required by section 19 of this Act to be held by the driver of a small passenger service vehicle or a vehicle recovery service vehicle

    enforcement officer

    • (a) means any constable or traffic officer; and

    • (b) includes any officer of the Agency acting pursuant to a delegation from the Agency, and any person claiming or appearing to be acting pursuant to any such delegation is, in the absence of evidence to the contrary, presumed to be so acting

    Goods service

    • (a) Means—

      • (i) The carriage of goods on any road, whether or not for hire or reward, by means of a motor vehicle whose gross laden weight is 6,000 kilograms or more; and

      • (ii) The carriage of goods on any road for hire or reward by means of a motor vehicle whose gross laden weight is less than 6,000 kilograms:

    • (b) Includes—

      • (i) The letting on hire of a motor vehicle whose gross laden weight is 6,000 kilograms or more by a person who drives the vehicle or provides a driver for the vehicle, where the motor vehicle is used for the carriage of goods; and

      • (ii) The carriage of goods by the owner of the goods using a vehicle whose gross laden weight is 6,000 kilograms or more:

    • (c) Does not include—

      • (i) A vehicle recovery service; or

      • (ii) A service involving the carriage of goods for personal domestic purposes where the service is not operated for more than a total of 7 days in any 12-month period; or

      • (iii) Any carriage of goods by a vehicle being used under a passenger service licence where the goods are in the possession of passengers in that vehicle; or

      • (iv) Any carriage of goods by a small passenger service vehicle being used under a passenger service licence where the carriage is of such small amounts of goods, or occurs so infrequently, that it does not form a significant part of the overall operations of the vehicle; or

      • (v) Any service specified as an exempt service in Part 1 of Schedule 1 to this Act or in regulations referred to in that Part:

    Goods service: this definition was amended, as from 1 April 1993, by section 2(2) Transport Services Licensing Amendment Act (No 3) 1992 (1992 No 109) by substituting the expression 6,000 for the expression 3,500.

    Goods service licence means a licence granted or deemed to be granted under section 8 or section 9 of this Act that authorises its holder to carry on a goods service

    Goods service vehicle

    • (a) Means a motor vehicle used or capable of being used in a goods service for the carriage of goods; but

    • (b) Does not include a vehicle specified as an exempt vehicle in Part 2 of Schedule 1 to this Act or in regulations referred to in that Part:

    Goods service vehicle: this definition was substituted, as from 1 April 1993, by section 2(1) Transport Services Licensing Amendment Act (No 3) 1992 (1992 No 109).

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

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

    Incident

    [Repealed]

    Incident: this definition was inserted, as from 1 April 1993, by section 2 Transport Services Licensing Amendment Act (No 3) 1992 (1992 No 109).

    Incident: 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.

    Large passenger service vehicle means any passenger service vehicle other than a small passenger service vehicle

    Light rail vehicle

    [Repealed]

    Light rail vehicle: this definition was inserted, as from 1 April 1993, by section 2 Transport Services Licensing Amendment Act (No 3) 1992 (1992 No 109).

    Light rail 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.

    Ministry

    [Repealed]

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

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

    Motor vehicle: this definition was inserted, as from 1 April 1993, by section 2 Transport Services Licensing Amendment Act (No 3) 1992 (1992 No 109).

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

    Notify means to notify in writing; and notification has a corresponding meaning

    Parking warden means a parking warden appointed or deemed to be appointed under section 7 of the Transport Act 1962

    Passenger service means, subject to section 47 of this Act,—

    • (a) The carriage of passengers on any road for hire or reward by means of a motor vehicle; and includes the letting on hire of a vehicle by a person who drives the vehicle or provides a driver for the vehicle if, during the hiring, the vehicle is used for the carriage of passengers; and

    • (b) The carriage of passengers on any road, whether or not for hire or reward, by means of a large passenger service vehicle;—

    but does not include any service specified as an exempt service in Part 1 of Schedule 1 to this Act or in regulations referred to in that Part

    Passenger service licence means a licence granted or deemed to be granted under section 8 or section 9 of this Act that authorises its holder to carry on a passenger service

    Passenger service vehicle means a vehicle used or available for use in a passenger service for the carriage of passengers; but does not include a vehicle specified as an exempt vehicle in Part 2 of Schedule 1 to this Act or in regulations referred to in that Part

    Proposed safety system

    [Repealed]

    Proposed safety system: this definition was inserted, as from 1 April 1993, by section 2 Transport Services Licensing Amendment Act (No 3) 1992 (1992 No 109).

    Proposed safety system: 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 inserted, as from 1 April 1993, by section 2 Transport Services Licensing Amendment Act (No 3) 1992 (1992 No 109).

    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.

    Rail service

    [Repealed]

    Rail service: this definition was inserted, as from 1 April 1993, by section 2 Transport Services Licensing Amendment Act (No 3) 1992 (1992 No 109).

    Rail service: 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.

    Rail service operator

    [Repealed]

    Rail service operator: this definition was inserted, as from 1 April 1993, by section 2 Transport Services Licensing Amendment Act (No 3) 1992 (1992 No 109).

    Rail service operator: 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.

    Rail service vehicle

    [Repealed]

    Rail service vehicle: this definition was inserted, as from 1 April 1993, by section 2 Transport Services Licensing Amendment Act (No 3) 1992 (1992 No 109).

    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.

    regional council

    • (c) does not include the Auckland Regional Council, and the Waikato Regional Council in relation to that part of its region within the district of the Franklin District Council

    regional council: this definition was amended, as from 1 July 1992, by section 2(2) Transport Services Licensing Amendment Act (No 2) 1992 (1992 No 69) by inserting the words ; and includes any territorial authority under this Act.

    regional council: 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.

    regional council: this definition was substituted, as from 1 December 2004, by section 46 Local Government (Auckland) Amendment Act 2004 (2004 No 57). See clause 2 Local Government (Auckland) Amendment Act Commencement Order 2004 (SR 2004/399).

    Rental service means the letting of a motor vehicle on hire for the carriage of passengers (including the driver) or of goods, or both, to a person who drives the vehicle or provides a driver for the vehicle; but does not include—

    • (a) The letting of a motor vehicle under a hire purchase agreement or a bailment that is for a period exceeding 6 months; or

    • (b) Any service specified as an exempt service in Part 1 of Schedule 1 to this Act or in regulations referred to in that Part:

    Rental service licence means a licence granted or deemed to be granted under section 8 or section 9 of this Act that authorises its holder to carry on a rental service

    Rental service vehicle means a vehicle used or available for use in a rental service for letting on hire for the carriage of passengers or goods, or both, to a person who drives the vehicle or provides a driver for the vehicle; but does not include a vehicle specified as an exempt vehicle in Part 2 of Schedule 1 to this Act or in regulations referred to in that Part

    Secretary

    [Repealed]

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

    Service includes—

    • (a) An operation carried out on one occasion only:

    • (b) An operation carried out solely for the benefit of the persons carrying it out:

    Small passenger service vehicle means any passenger service vehicle that is designed or adapted to carry 12 or fewer persons (including the driver)

    Taxi means a small passenger service vehicle that is being operated under a passenger service licence but is not for the time being exempt from the provisions of any of rules 3(1), 12(1), 16(1), and 19 of Part 1 of Schedule 3 to this Act

    Taxi: this definition was inserted, as from 1 April 1993, by section 2 Transport Services Licensing Amendment Act (No 3) 1992 (1992 No 109).

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

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

    Transit New Zealand

    [Repealed]

    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

    • (a) Means any goods service, passenger service, rental service, or vehicle recovery service; but

    • (b) Does not include any service specified as an exempt service in Part 1 of Schedule 1 to this Act or in regulations referred to in that Part:

    Transport service: this definition was substituted, as from 1 April 1993, by section 2(1) Transport Services Licensing Amendment Act (No 3) 1992 (1992 No 109).

    Transport service: paragraph (a) of this definition was amended, as from 20 July 2005, by section 103(3) Railways Act 2005 (2005 No 37) by omitting the words rail service,. See sections 105 to 111 of that Act as to the transitional provisions.

    Transport service driver means any person who is, or is from time to time, employed or engaged in driving a vehicle being used in a transport service, whether or not that person is licensed or required to hold a licence to drive such a vehicle

    Transport service driver: this definition was substituted, as from 1 April 1993, by section 2(1) Transport Services Licensing Amendment Act (No 3) 1992 (1992 No 109).

    Transport service licence means any of the following licences granted or deemed to be granted under section 8 or section 9 of this Act

    • (a) A goods service licence:

    • (b) A passenger service licence:

    • (c) [Repealed]

    • (d) A rental service licence:

    • (e) A vehicle recovery service licence:

    Transport service licence: this definition was substituted, as from 1 April 1993, by section 2(1) Transport Services Licensing Amendment Act (No 3) 1992 (1992 No 109).

    Transport service licence: paragraph (c) of 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.

    Transport service vehicle means any goods service vehicle, passenger service vehicle, rental service vehicle, or vehicle recovery service vehicle

    Transport service vehicle: this definition was substituted, as from 1 April 1993, by section 2(1) Transport Services Licensing Amendment Act (No 3) 1992 (1992 No 109).

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

    Unique identifier means the unique identifier required by section 19(2)(c) of this Act to be specified on a driver identification card

    Vehicle recovery service means the towing or carrying on any road of a motor vehicle, irrespective of the size or design of the towing or carrying vehicle, and whether or not the towing or carrying of the vehicle is carried out by a person intending to carry out repairs on the vehicle; but does not include—

    • (a) The towing or carrying of any motorcycle or moped; or

    • (b) The towing or carrying of one motor vehicle by another where—

      • (i) The towing or carrying is not carried out directly or indirectly for reward; and

      • (ii) The towing or carrying vehicle is not designed or adapted for the purpose of towing or carrying motor vehicles; or

    • (c) The towing or carrying of a vehicle by a person who owns the vehicle; or

    • (d) Any service where the Agency has in writing notified the operator that the nature of the service is such that the carriage of vehicles should be treated as the carriage of goods; or

    • (e) Any service specified as an exempt service in Part 1 of Schedule 1 to this Act or in regulations referred to in that Part:

    Vehicle recovery service licence means a licence granted or deemed to be granted under section 8 or section 9 of this Act that authorises its holder to carry on a vehicle recovery service

    Vehicle recovery service vehicle means a vehicle used or available for use in a vehicle recovery service for towing or carrying on a road any motor vehicle; but does not include any vehicle specified as an exempt vehicle in Part 2 of Schedule 1 to this Act or in regulations referred to in that Part.

    (2) Terms defined in the Land Transport Act 1998 shall, unless the context otherwise requires, and to the extent that they are not inconsistent with the provisions of this section or any other provision of this Act, have the meaning so defined for the purposes of this Act.

    (3) Where any service includes vehicles that are specified as exempt vehicles in Part 2 of Schedule 1 to this Act or in regulations referred to in that Part, the operation of those vehicles shall not be treated as part of the operation of the service.

    Section 2 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.

    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) approved taxi organisation: amended, 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) enforcement officer: substituted, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

    Enforcement officer: this definition was amended, as from 1 July 1992, by section 2(1) Transport Services Licensing Amendment Act (No 2) 1992 (1992 No 69) by substituting the word constable for the words member of the Police.

    Enforcement officer: 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 Ministry.

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

    Section 2(1) vehicle recovery service paragraph (d): amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

    Subsection (2) was amended, as from 1 March 1999, by section 215(1) Land Transport Act 1998 (1998 No 110) by substituting the words the Land Transport Act 1998 for the words the Transport Act 1962.