Reprint as at 1 October 2007

Land Transport Amendment Act 2005

Public Act	2005 No 77
Date of assent	21 June 2005

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 by the Ministry of Transport.

1 Title

2 Commencement

Part 1
Preliminary provision

3 Purpose

Part 2
Amendments to principal Act

Subpart 1—Principal Act

4 Interpretation

Primary responsibilities of participants in land transport system

5 General requirements for participants in land transport system

6 Drivers not to be reckless or dangerous

7 New section 8 substituted

8 Drivers not to be careless or inconsiderate

8 Loads transported by vehicles to be secured

9 Drivers not to exceed specified alcohol limits

10 Persons not to drive while under influence of alcohol or drugs

Additional responsibilities concerning road transport

11 New heading and sections 22B and 22C inserted

Traction engine safety

22B Operators of traction engines to hold appropriate current qualification

22C Traction engine to be safe and operated in compliance with regulations and rules

Driver licensing

12 Director may issue temporary driver licences

13 New section 26 substituted

26 Drivers may be tested and examined

14 Photographic driver licences

15 New section 28A inserted

28A Transitional provisions for photographic driver licences

16 New sections 29A and 29B inserted

29A Persons convicted of specified serious offences prohibited from holding or applying for passenger endorsement

29B Passenger endorsement may be reinstated in certain cases

17 Driver licences are property of Director and are to be returned if suspended, revoked, etc

Transport services licensing

18 New Part 4A inserted

Part 4A
Transport services licensing

Subpart 1—Primary responsibilities of holders of transport service licences

30A Requirements for vehicles

30B Provision of identification information in Braille

Subpart 2—Fit and proper person test

Assessment criteria

30C General safety criteria

30D Additional criteria for small passenger service vehicles and vehicle recovery service

30E Additional criteria for large passenger service vehicles

30F Additional criteria for goods service

Information requirements

30G Director may require information for fit and proper person assessment

30H Director's duties concerning prejudicial information

30I Non-disclosure by Director of information for safety reasons

Subpart 3—Licensing of transport services

30J Transport service operators may not carry on certain transport services unless licensed to do so

30K Application for transport service licence

30L Grant of licence

30M Conditions of transport service licences

30N Transfer, assignment, or lease of transport service licence prohibited

30O Term of transport service licence

30P Director may grant applications for approved taxi organisations

30Q Circumstances in which Director must grant applications for approved taxi organisations

30R Director may revoke approval

Subpart 4—Revocation of transport service licences

30S When Director may revoke transport service licence

30T Procedure Director must follow before revoking transport service licence

30U Suspension of transport service licence

Subpart 5—Adverse decisions

30V Interpretation

30W Director to notify proposal to make adverse decision

30X Procedure for consideration of information

30Y Director's determination

Work time and logbooks

19 New Part 4B inserted

20 Contravention of sections 5(1)(a), 5(1)(b), 5(4), 30(2), or 30(3)

Offences relating to driving (other than alcohol-related offences) and penalties

21 Contravention of section 5(1)(c)

22 New section 33A inserted

33A Offence to operate as driving instructor without authorisation

23 Contravention of section 7 or section 22 involving injury or death

24 New section 36B inserted

36B Contravention of section 22B or section 22C

25 Contravention of section 8 causing injury or death

26 Failure to secure load

27 New section 43A inserted

43A Courts may impose appropriate fines for infringement offences that are not overloading offences

28 New section 47 substituted

47 Contravention of section 22(2), (3), (4), or (5)

29 Contravention of section 97(5) or (6)

30 Contravening notices, requirements, etc, given or imposed by enforcement officers

Driving offences involving drink or drugs, and penalties and procedures

31 Contravention of specified breath or blood-alcohol limit

32 Contravention of section 12

33 Failure or refusal to permit blood specimen to be taken

34 Person in charge of motor vehicle causing injury or death

35 Defences

36 Mandatory penalties for repeat offences involving use of alcohol or drugs

37 Who must give blood specimen in hospital or surgery

Offences and penalties relating to transport services

38 New Part 6A inserted

Offences relating to work time and logbooks

39 New Part 6B inserted

Part 6B
Offences relating to work time and logbooks

Subpart 1—Work time

79N Failure to keep or produce records or comply with conditions of exemption or approval

79O Failure to comply with prescribed work time restrictions or rest time requirements

79P Defences to work time offences

Subpart 2—Logbooks

79Q Failure to discharge duties regarding logbooks

79R Offences and proceedings concerning logbooks

79S Defences to logbook offences

Offences relating to chain of responsibility

40 New Part 6C inserted

Part 6C
Offences relating to chain of responsibility

79T Offence to cause or require driver to breach speed limits, maximum work time, or rest time requirements

41 New section 79U inserted

79U Offence to cause or require driver to breach maximum gross weight limits

Disqualification, demerit points, licence suspension, and vehicle impoundment

42 Provisions relating to mandatory disqualification

43 Holder to undergo prescribed tests if disqualified for more than 1 year

44 New section 84 substituted

84 New licence or endorsement to be issued if disqualified driver qualifies for specified vehicle classes

45 New sections 87A to 87G inserted

Disqualification of transport service driver and other persons

87A Disqualification of transport service driver

87B Disqualification of holder of transport service licence from holding transport service licence

87C Procedure for disqualifying person under section 87A or section 87B

Suspension of transport service driver and other persons

87D Immediate suspension of transport service driver and other persons in interests of public safety

87E Procedure for suspending a person under section 87D

87F Term of suspension

Effect of disqualification or suspension of transport service driver and other persons

87G Effect of disqualification or suspension of transport service driver and other persons

46 Demerit points to be recorded by Director

47 New section 90 substituted

90 Suspension of licence or disqualification from driving under demerit points system

48 Substitution of community-based sentences

49 Mandatory 28-day suspension of driver licence in certain circumstances

50 Vehicle seized and impounded for 28 days in certain circumstances

51 New section 96A inserted

96A Impoundment of vehicle used in transport service

52 Release of vehicle after 28 days

Mitigation of penalties and rights of appeal

53 Court may remove disqualification

54 New section 99A inserted

99A Director may approve programmes

55 Director to remove certain disqualifications

56 Appeal to police against impoundment of vehicle

57 Persons who may apply to court for limited licence

58 Issue of limited licence to be delayed or prohibited in certain cases

59 Court may make order authorising grant of limited licence

60 Appeals against court orders relating to disqualification or grant of limited licence, and deferral of disqualification

61 New sections 111A and 111B inserted

111A Appeal to High Court on question of law

111B Further appeal to Court of Appeal

Enforcement of responsibilities

62 Enforcement officers may enforce transport legislation

63 New section 113A inserted

113A Power to inspect records

64 Power to require driver to stop and give name and address, etc

65 Enforcement officers may give directions prohibiting driving of vehicles

66 Owner or hirer to give information as to identity of driver or passenger

67 Powers of entry

68 Enforcement officer may immobilise vehicle, etc, if driver incapable of proper control of vehicle

69 New sections 128A and 128B inserted

128A Enforcement officer's powers in respect of non-complying small passenger service vehicles

128B Enforcement officer's powers in respect of non-complying vehicle recovery service vehicles

70 Strict liability for offences involving insecure loads and loads falling from vehicles

Proceedings enforcing responsibilities

71 Offences punishable summarily

72 Time for instituting proceedings

73 New section 145A inserted

145A Evidence and proof

74 Evidence of testing and accuracy of speed-measuring devices, etc

Land transport subordinate legislation

75 Rules concerning vehicles

76 Rules concerning licensing, standard-setting, etc

77 Rules concerning land transport documents

78 Regulations

79 Regulations relating to fees and charges for land transport

80 New section 168A inserted

168A Director may declare that vehicle is mobility device or is not motor vehicle

Land Transport New Zealand

81 Functions and powers of Director

82 Authority to maintain register of driver licences

83 New section 199A inserted

199A Register of transport service licences

84 Restrictions on access to photographic images of driver licence holders

Miscellaneous provisions

85 Appointment of enforcement officers and dangerous goods enforcement officers

86 New section 211A inserted

211A Payment of fees

87 Repeals

88 Transitional regulations

89 Expiry of section 216

90 Expiry of section 218

Subpart 2—Repeals, amendments, and transitional and savings provisions

Consequential amendments to Transport Act 1962

91 Interpretation

92 General penalties

93 Sections 70B to 70D repealed

94 Schedule 2 amended

Other consequential amendments

95 Repeals, revocations, and consequential amendments

Transitional and savings provisions

96 Rights of existing transport service licence holders

97 Rights of existing approved taxi organisations

98 Rights of existing operators of traction engines

99 Transitional provision for notices given under section 96 of the principal Act

100 Transitional provision for holders of exemptions in respect of driving hours or logbooks

Schedule
Enactments amended

Reprint notes

The Parliament of New Zealand enacts as follows:

New Zealand Legislation: Acts

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Land Transport Amendment Act 2005 No 77 (as at 01 October 2007), Public Act

Land Transport Amendment Act 2005

Note

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