Road User Charges Act 2012

Reprint as at 1 September 2017

Coat of Arms of New Zealand

Road User Charges Act 2012

Public Act
 
2012 No 1
Date of assent
 
20 February 2012
Commencement
 
see section 2
Note

Changes authorised by subpart 2 of Part 2 of the Legislation Act 2012 have been made in this official reprint.

Note 4 at the end of this reprint provides a list of the amendments incorporated.

This Act is administered by the Ministry of Transport.

Contents

1Title
2Commencement
3Purpose
4Overview
5Interpretation
6Act binds the Crown
7Requirement to pay road user charges
8RUC vehicle must have distance recorder
9RUC vehicle must have distance licence
10Reading of distance recorder must not exceed maximum reading
11RUC vehicle must have RUC vehicle type and RUC weight
12RUC vehicles issued with permit must have distance licence for RUC vehicle type H or additional licence
12AAgreement to pay road user charges in relation to combination of vehicles
13Offences relating to distance recorders
14Offence relating to interference with operation of distance recorder
15Application for RUC licence
16Application must be accompanied by payment of road user charges
17Issue of RUC licence
18Form of licence
19Display or carriage of RUC licence
20Proof of purchase if RUC licence issued but not received by operator
21RUC licence must be produced on demand
22Current distance licence to be provided to person who acquires RUC vehicle
23Offences relating to altering or defacing RUC licence
24Offence of displaying anything on RUC vehicle likely to be mistaken for RUC licence
25Offence of operating RUC vehicle on road with RUC licence obscured
26Road user charges are debt due to the Crown
27Issue of RUC licence may be conditional on payment
28Penalty for late payment
29Road user charges to be paid into national land transport fund
30Refund of road user charges for off-road travel
31Refund of distance licence charge where new distance licence issued
32Surrender of RUC licence
33RUC collector may waive or refund road user charges if satisfied charge is excessive
34Application for refund or waiver to be verified
35Further provisions relating to refunds
36Cancellation of debts
37Exemption of light electric RUC vehicles by Order in Council
37AExemption of heavy electric RUC vehicles by Order in Council
38Exemption of RUC vehicles unsuitable for regular road use by Order in Council
38AExemption of RUC vehicles not required to be registered
39RUC collector may exempt particular RUC vehicle unsuitable for regular road use
40Exemption relating to light RUC vehicle operated almost exclusively off-road
41Monitoring of exemption granted under section 40
42Revocation and expiry of exemption granted under section 40
43RUC collector may approve electronic system provider
44Obligation of electronic system provider to report tampering
45Disclosure and management of RUC information by electronic system provider
46Offences relating to electronic system providers
47Offences relating to electronic distance recorders
48RUC collector may approve hubodometer
49Restrictions on fitting of hubodometer
50Removal and retention of hubodometer or licence by enforcement officer
51RUC collector may seize and retain hubodometer and licence
52Offences relating to hubodometers
53RUC collector may issue assessment for unpaid road user charges
54RUC collector may amend assessment
55Review of assessment
56Penalty for failure to pay after assessment
57Penalty for failure to pay after receipt of notice under section 55(5)(a)
58Penalty for failure to pay after issue of amended assessment or new assessment
59RUC collector may cancel penalty
60Recovery of unpaid road user charges and penalties
61Instalment arrangements
62Validity of assessments
63RUC collector may take information from vehicle management system
64Vehicle inspector to provide report to RUC collector
65Certain persons must make and retain records
66Inspection of records or other information
67Access to business records held by third parties in relation to RUC vehicle
68Appeal to District Court against notice issued under section 55(5)(a)
69Procedure for appeal
70Appeal to High Court on question of law
71Further appeals to Court of Appeal or Supreme Court
72Notice issued under section 55(5)(a) to continue in force pending appeal
73Obligation to pay penalty not suspended by appeal
74RUC collector must refund overpayment of road user charges
75Interpretation
76Proceedings for offences generally
77Admissibility of certain statements
78Defences
79Power to issue search warrant in respect of alleged offence
80Offence relating to disclosing information acquired during inspection
81Infringement offences
82Issue of infringement notice and reminder notices
83Infringement fees
84Courts may impose appropriate fines for infringement offences
85Regulations specifying rates of road user charges
85ARegulations are confirmable instruments
86Licence for heavy RUC vehicle invalid 1 month after road user charges rate increased
87Appointment of RUC collector
88Regulations relating to administration fees
89Other regulations
90Transitional regulations
90ARUC collector may, in certain cases, specify rate of road user charges
90BRUC collector to issue assessment for vehicles in respect of which rate specified under section 90A
91Chief executive may delegate functions, duties, or powers to person outside Ministry
92Further provisions relating to delegation
93Notice requirements
94Consequential amendments to other enactments
95Repeal and revocation
96Transitional and savings provisions relating to licences issued under former Act
97Transitional and savings provisions relating to electronic distance recorders and hubodometers approved under former Act
98Other transitional and savings provisions
Reprint notes

The Parliament of New Zealand enacts as follows: