Transport Amendment Act 1997

  • repealed
  • Transport Amendment Act 1997: repealed, on 10 May 2011, pursuant to section 98 of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).

Reprint
as at 10 May 2011

Transport Amendment Act 1997

Public Act1997 No 3
Date of assent30 April 1997
  • Transport Amendment Act 1997: repealed, on 10 May 2011, pursuant to section 98 of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).


Note

Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this eprint.

A general outline of these changes is set out in the notes at the end of this eprint, together with other explanatory material about this eprint.

This Act is administered in the Ministry of Transport.


An Act to amend the Transport Act 1962

BE IT ENACTED by the Parliament of New Zealand as follows:

1 Short Title and commencement
  • (1) This Act may be cited as the Transport Amendment Act 1997, and is part of the Transport Act 1962 (the principal Act).

    (2) Except as provided in subsection (3), this Act comes into force on the day on which it receives the Royal assent.

    (3) The provisions of sections 2(3), 3, 4, 5(1), 11, 12, and 14 come into force on a date to be appointed by the Governor-General by Order in Council, and different dates may be appointed for different provisions.

2 Interpretation
  • (1) This subsection inserted the definition of the term Controlling authority in s 2(1) of the principal Act.

    (2) This subsection inserted the definition of the term Fire brigade in s 2(1) of the principal Act.

    (3) Section 2(1) of the principal Act is amended by repealing the definition of the term speeding offence, and substituting the following definition:

    Speeding offence means an offence which consists solely of exceeding any limit of speed fixed by or under—

    • (a) This Act or any regulations made under this Act; or

    • (b) Any bylaw made under section 72 of this Act; or

    • (c) Any ordinary rule or emergency rule made under Part II of the Land Transport Act 1993:.

3 Owner liability for stationary vehicle offences
  • (1) This subsection repealed subs (1)(b)(i) to (iv) of the definition of the term stationary vehicle offence in s 41A of the principal Act.

    (2) [Repealed]

    Subsection (2) was repealed, as from 1 March 1999, by section 215(1) Land Transport Act 1998 (1998 No 110).

4 New sections substituted
  • (1) The principal Act is amended by repealing sections 52 and 52A (as inserted by section 9(1) of the Transport Amendment Act 1989), and substituting the following sections:

    52 Speed limits
    • Subject to section 53 of this Act, no person may drive any motor vehicle at a speed exceeding that fixed for the relevant circumstances and locality—

      • (a) By a controlling authority in accordance with any ordinary rule or emergency rule made under Part 2 of the Land Transport Act 1993; or

      • (b) By the Director under any such rule; or

      • (c) By a Minister of the Crown by bylaw made under section 72(1)(j) of this Act; or

      • (d) By or under any provision of this Act (including section 52A) or any other Act or any rule or regulation relating to temporary speed limits.

    52A Saving of existing speed limits
    • (1) All speed limits fixed by any Act, regulation, bylaw, or notice in the Gazette before the date on which section 4 of the Transport Amendment Act 1997 comes into force continue to have effect in relation to any road or locality to which they applied before that date until superseded in respect of that road or locality by a speed limit fixed on or after that date by—

      • (a) A controlling authority in accordance with any ordinary rule or emergency rule made under Part 2 of the Land Transport Act 1993; or

      • (b) The Director under any such rule; or

      • (c) A Minister of the Crown by bylaw made under section 72(1)(j) of this Act.

    (2) Section 9(1) of the Transport Amendment Act 1989 is consequentially repealed.

5 Exemption from speed limits of Police, traffic officers, and ambulance and fire brigade drivers
  • (1) Section 53 of the principal Act is amended by inserting, before the word bylaw, the words rule or.

    (2) This subsection amended s 53(c) of the principal Act.

6 Definition of hazardous substance, etc
  • (1) This subsection amended s 70E(1) of the principal Act.

    (2) This subsection inserted the definitions of the terms Hazardous substance enforcement officer, or enforcement officer, Operator, Premises, and Rail service operator in s 70E(1) of the principal Act.

7 Drivers to have licence with hazardous substance endorsement
  • This section inserted s 70H(2A) of the principal Act.

8 Power to stop road vehicles for breach of hazardous substances provision
  • (1) This subsection amended s 70I(1) of the principal Act.

    (2) This subsection inserted s 70I(1A) of the principal Act.

    (3) This subsection inserted s 70I(3) of the principal Act.

9 New sections inserted
  • This section inserted ss 70IA and 70IB of the principal Act.

10 Director and Commissioner of Police may appoint hazardous substance enforcement officers
  • This section inserted s 70K of the principal Act.

11 Bylaws as to use of roads
  • Section 72(1)(j) of the principal Act is amended by omitting the word Fixing, and substituting the words In the case of Ministers of the Crown only, fixing.

12 Regulations
  • Section 77(1)(p) of the principal Act (as substituted by section 18 of the Transport Amendment Act 1966) is amended by repealing subparagraphs (i) and (ii) (as inserted by section 26(4) of the Transport Amendment Act 1987).

13 Schedules referring to offences may be amended by Order in Council
  • This section inserted s 199C of the principal Act.

Amendment to Public Works Act 1981

14 Amendment to Public Works Act 1981

Contents

  • 1General

  • 2About this eprint

  • 3List of amendments incorporated in this eprint (most recent first)


Notes
1 General
  • This is an eprint of the Transport Amendment Act 1997. The eprint incorporates all the amendments to the Act as at 10 May 2011. The list of amendments at the end of these notes specifies all the amendments incorporated into this eprint since 3 September 2007.

    Relevant provisions of any amending enactments that contain transitional, savings, or application provisions that cannot be compiled in the eprint are also included, after the principal enactment, in chronological order.

2 About this eprint
3 List of amendments incorporated in this eprint (most recent first)
  • Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13): section 98