166 Agency may grant exemptions

(1)

The Agency may, if the Agency considers it appropriate and upon such conditions as the Agency considers appropriate, exempt a person, vehicle, rail vehicle, or land transport related service from a specified requirement in a rule made under this Part.

(2)

Before granting an exemption under this section, the Agency must be satisfied in the circumstances of each case that the risk to safety will not be significantly increased by the granting of the exemption and that—

(a)

the requirement has been substantially complied with and that further compliance is unnecessary; or

(b)

the action taken or provision made in respect of the matter to which the requirement relates is as effective or more effective than actual compliance with the requirement; or

(c)

the prescribed requirements are clearly unreasonable or inappropriate in the particular case; or

(d)

events have occurred that make the prescribed requirements unnecessary or inappropriate in the particular case.

(2A)

In addition to the factors that must be considered under subsection (2), if the exemption relates to a heavy vehicle, the Agency must have regard to the potential impact on infrastructure (including, for example, potential damage to infrastructure such as roads and the cost of repairing the infrastructure).

(3)

The number and nature of exemptions granted under subsection (1) must be notified in the Gazette at intervals not longer than 3 months.

(4)

Nothing in this section applies in a case where a rule specifically provides that no exemptions are to be granted, but in other cases nothing in the rules limits or affects the Agency’s powers under this section.

Compare: 1993 No 88 s 13

Section 166 heading: amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

Section 166(1): amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

Section 166(1): amended, on 20 July 2005, by section 103(3) of the Railways Act 2005 (2005 No 37).

Section 166(2): amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

Section 166(2A): inserted, on 11 August 2017, by section 59 of the Land Transport Amendment Act 2017 (2017 No 34).

Section 166(4): amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).