New Zealand Legislation: Regulations
Regulations are laws made under Acts
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as at 10 May 2011
(SR 1936/80)
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.
These regulations are administered by the Transport Department.
4 Steering gear [Revoked]
8 Dimensions and loading [Revoked]
9 Notification of name and weight [Revoked]
(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 Land Transport Act 1998 or required to be issued with a certificate of fitness or inspection warrant in terms of the said Act
Regulation 1(4) vehicle: amended, on 10 May 2011, by section 100(3) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).
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”
.
[Revoked]
In subclause (2) the Traffic Regulations 1956 have been substituted for the revoked Motor Vehicle Regulations 1933.
Subclause (4) was inserted, as from 1 April 1971, by regulation 2 Goods Service Vehicle (Constructional) Regulations 1936, Amendment No 2 (SR 1970/190).
Subclause (4)(c) 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 “Secretary”
wherever it appears.
Subclause (5) was inserted, as from 1 April 2002, by regulation 5 Land Transport (Offences and Penalties) Amendment Regulations 2002 (SR 2002/44).
Regulation 2 was revoked, as from 1 March 2007, by regulation 4 Goods Service Vehicle (Constructional) Amendment Regulations 2007 (SR 2007/4).
[Revoked]
Regulation 3 was revoked, as from 1 April 2002, by regulation 6(a) Land Transport (Offences and Penalties) Amendment Regulations 2002 (SR 2002/44).
[Revoked]
Regulation 4 was revoked, as from 1 April 2002, by regulation 6(a) Land Transport (Offences and Penalties) Amendment Regulations 2002 (SR 2002/44).
(1) Whenever the vehicle is presented for inspection for any purpose the licensee shall on each such occasion present it in a thoroughly clean condition in all its parts.
(2) The licensee shall give without charge every facility for expediting the inspection of the vehicle or its separate parts or for any testing or weighing thereof, and, if requested so to do, shall supply all tools or workshop equipment that it is possible for him to provide for the prompt inspection of the vehicle.
(3) The licensee shall also provide without charge any skilled or unskilled labour that may reasonably be required during the inspection.
One approved lifting-jack of an ordinary rated capacity of at least two-thirds of the unladen weight of the vehicle shall at all times while a vehicle is in service be carried in a position which is easy of access without the use of a key.
Supplies of motor spirits or other liquid fuel intended to be consumed in any vehicle shall not be carried in that vehicle otherwise than in—
(a) The permanent fuel supply tanks thereof; or
(b) A specially fitted approved emergency fuel tank; or
(c) Approved containers.
[Revoked]
Subclause (1) was amended, as from 1 August 1987, by regulation 2(1) Goods Service Vehicle (Constructional) Regulations 1936, Amendment No 4 (SR 1987/202) by omitting the expression “by more than one-fourth”
.
Subclause (2) was substituted, as from 1 August 1987, by regulation 2(2) Goods Service Vehicle (Constructional) Regulations 1936, Amendment No 4 (SR 1987/202).
Subclause (2) was amended, as from 20 August 1993, by section 35(3) Land Transport Act 1993 (1993 No 88) by substituting the word “Secretary”
for the word “Director”
.
In subclause (4) the Transport Act 1949 has been substituted for the repealed Motor Vehicles Act 1924.
Regulation 8 was revoked, as from 1 April 2005, by regulation 3 Goods Service Vehicle (Constructional) Amendment Regulations 2004 (SR 2004/446).
[Revoked]
Regulation 9: revoked, on 1 November 2009, by regulation 4 of the Goods Service Vehicle (Constructional) Amendment Regulations 2009 (SR 2009/288).
(1) Notwithstanding anything to the contrary in these regulations, any motor vehicle used to carry passengers for hire or reward under a goods service licence endorsed for the carriage of passengers pursuant to subpart 3 of Part 4A of the Land Transport Act 1998 shall, subject as hereinafter appears, be deemed to be a passenger truck within the meaning and for the purposes of the Passenger Regulations.
(2) Every such vehicle shall conform to regulation 8 hereof and need not conform to the provisions of the Passenger Regulations relating to limitation of loads.
(3) Every such vehicle shall conform to the provisions of the Passenger Regulations declared to apply to passenger trucks.
(4) It shall not be necessary for any such vehicle to conform to any provision of the Passenger Regulations from which exemption is duly granted.
In subclause (1), section 107 of the Transport Act 1949 has been substituted for section 28 of the repealed Transport Law Amendment Act 1933.
Regulation 10(1): amended, on 10 May 2011, by section 100(3) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13)
(1) No person shall use or drive or cause or permit to be used or driven for the purposes of a goods service licensed under a continuous or seasonal goods service licence any vehicle that does not comply with the requirements set out in these regulations.
(2) No person shall do or omit or cause or knowingly permit or suffer to be done or omitted any act, matter, or thing contrary to the provisions of these regulations.
(3) No person shall in relation to any matter dealt with in these regulations make any statement or supply any information that is false or misleading in any material particular.
(4) [Revoked]
Regulation 11(4): revoked, on 10 May 2011, by section 100(3) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).
Date of notification of principal regulations in Gazette: 10 December 1936.
1General
2About this eprint
3List of amendments incorporated in this eprint (most recent first)
This is an eprint of the Goods Service Vehicle (Constructional) Regulations 1936. The eprint incorporates all the amendments to the regulations as at 10 May 2011. The list of amendments at the end of these notes specifies all the amendments incorporated into this eprint since 3 September 2007.
Relevant provisions of any amending enactments that contain transitional, savings, or application provisions that cannot be compiled in the eprint are also included, after the principal enactment, in chronological order.
This eprint has not been officialised. For more information about eprints and officialisation, please see http://www.pco.parliament.govt.nz/eprints/ 
.
Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13): section 100(3)
Goods Service Vehicle (Constructional) Amendment Regulations 2009 (SR 2009/288)
Land Transport Management Amendment Act 2008 (2008 No 47): section 50(2)
1 SR 1954/144
2 SR 1955/59
3 SR 1956/217
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