New Zealand Legislation: Regulations

1 Preliminary

• (1) These regulations are arranged as follows:

  • Regulation 1—Preliminary.

  • Regulation 2—Brakes.

  • Regulation 3—Tyres.

  • Regulation 4—Steering Gear.

  • Regulation 5—Inspection of Vehicle.

  • Regulation 6—Jacks.

  • Regulation 7—Liquid Fuel.

  • Regulation 8—Dimensions and Loading.

  • Regulation 9—Notification of Name and Weight.

  • Regulation 10—Passenger Vehicles.

  • Regulation 11—Offences and Penalties.

  (2) These regulations may be cited as the Goods Service Vehicle (Constructional) Regulations 1936.

  (3) These regulations shall come into force on the 16th day of December 1936.

  (4) In these regulations, unless the context otherwise requires,—

  Agency means the New Zealand Transport Agency established under section 93 of the Land Transport Management Act 2003

  Approved means approved by a Vehicle Inspector

  Body means that portion of a vehicle designed or adapted to accommodate and protect the goods carried, and the driver and the attendants (if any)

  Chassis means all that portion of a vehicle exclusive of the body and attachments for the body

  Licensee means the holder of the licence under the authority of which a vehicle is so used, and includes an applicant for such licence

  Vehicle means a motor vehicle used under the authority of a continuous or seasonal goods service licence issued under the Transport Act 1949 or required to be issued with a certificate of fitness or inspection warrant in terms of the said Act

  Vehicle: this definition was amended, as from 17 June 1949, by regulation 4(a) Goods-Service Vehicle (Constructional) Regulations 1936, Amendment No 1 (SR 1949/76), by inserting the words “or required to be issued with a certificate of fitness or inspection warrant in terms of the said Act”.

  In the definition of the term Vehicle, the Transport Act 1949, has been substituted for the repealed Transport Licensing Act 1931.

  Vehicle Inspector, in relation to any provision in these regulations, means a person authorised by the Agency to perform any functions and exercise any powers of a Vehicle Inspector under that provision

  (5) Subject to subclause (4) hereof and unless the context otherwise requires, terms used in these regulations shall have the same meaning as in the Passenger Service Vehicle Construction Regulations 1954¹ (hereinafter referred to as the Passenger Regulations).

  (6) In so far as these regulations are inconsistent with or repugnant to the Heavy Motor Vehicle Regulations 1955,² the Traffic Regulations 1956,³ or any regulations made in amendment thereof these regulations shall prevail; but save as aforesaid, compliance with these regulations shall not excuse any person from compliance with the other regulations above referred to.

  (7) 

  • (a) The Agency may, in special circumstances and subject to such conditions as he thinks fit to impose, grant exemption in respect of any vehicle from the provisions of any of these regulations, and may extend such exemption so that it may be granted at the discretion of the Vehicle Inspector to all vehicles of the same make, type, and model plying under similar conditions.

  • (b) Written application for such exemption shall in every case be made by the owner (or intending owner) of the vehicle or of the chassis to the Vehicle Inspector, and shall state fully the grounds on which exemption is sought. The application shall state the name of the maker of the chassis, shall properly identify the vehicle, and any other information required by the Vehicle Inspector shall be also supplied.

  Regulation 1(4) Agency: inserted, on 1 August 2008, by section 50(2) of the Land Transport Management Amendment Act 2008 (2008 No 47).

  Regulation 1(4) Authority: revoked, on 1 August 2008, by section 50(2) of the Land Transport Management Amendment Act 2008 (2008 No 47).

  Regulation 1(4) Director: revoked, on 1 August 2008, by section 50(2) of the Land Transport Management Amendment Act 2008 (2008 No 47).

  Vehicle Inspector: this definition was substituted, as from 20 August 1993, by section 35(3) Land Transport Act 1993 (1993 No 88).

  Regulation 1(4) vehicle inspector: amended, on 1 August 2008, by section 50(2) of the Land Transport Management Amendment Act 2008 (2008 No 47).

  In subclause (5) the Passenger Service Vehicle Construction Regulations 1954, have been substituted for the revoked Passenger Service Vehicle (Constructional) Regulations 1936.

  In subclause (6) the Heavy Motor Vehicle Regulations 1955 and the Traffic Regulations 1956, have been substituted for the revoked Heavy Motor Vehicle Regulations 1932 and the revoked Motor Vehicle Regulations 1933.

  Subclause (7) was inserted, as from 17 June 1949, by regulation 4(b) Goods-Service Vehicle (Constructional) Regulations 1936, Amendment No 1 (SR 1949/76).

  Regulation 1(7)(a): amended, on 1 August 2008, by section 50(2) of the Land Transport Management Amendment Act 2008 (2008 No 47).

  Subclause (7)(a) was amended, as from 20 August 1993, by section 35(3) Land Transport Act 1993 (1993 No 88), by substituting the word “Director” for the word “Commissioner”.