New Zealand Legislation: Acts

4 General requirements for participants in land transport system

• (1) A participant in the land transport system must ensure that the appropriate land transport documents and all the necessary qualifications and other documents are held by the participant.

  (2) A participant must comply with this Act, the relevant regulations and rules, and the conditions attached to the relevant land transport documents.

  (3) A participant, other than a rail participant, must ensure that the activities or functions for which the land transport document has been granted are carried out by the participant, and by all persons for whom the participant is responsible, safely and in accordance with the relevant prescribed safety standards and practices.

  (4) A person who applies for a land transport document that authorises the provision of a service within the land transport system must, if so required by the rules, satisfy the Agency that the person is a fit and proper person; and the Agency must determine whether a person is a fit and proper person for the purposes of this subsection in accordance with subpart 2 of Part 4A, which applies with any necessary modifications.

  (5) A participant who holds a land transport document that authorises the provision of a service within the land transport system—

  • (a) must, if so required by the rules, establish and follow a safety management system that will ensure compliance with the relevant prescribed safety standards and the conditions attached to the document; and

  • (b) must provide training and supervision to all employees of the participant who are engaged in doing anything to which the document relates, so as to maintain compliance with the relevant prescribed safety standards and the conditions attached to the document and to promote safety; and

  • (c) must provide sufficient resources to ensure compliance with the relevant prescribed safety standards and the conditions attached to the document.

  Compare: 1990 No 98 s 12

  Subsection (3) was amended, as from 20 July 2005, by section 103(3) Railways Act 2005 (2005 No 37) by inserting the words “, other than a rail participant,” after the words “A participant”. See sections 105 to 111 of that Act as to the transitional provisions.

  Section 4(4): amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

  Section 4(4): amended, on 1 October 2007, by section 5 of the Land Transport Amendment Act 2005 (2005 No 77).