These regulations may be cited as the Engine Drivers’ Examination Regulations 1952.

These regulations shall come into force on 1 September 1952.

In these regulations, unless the context otherwise requires,—

No persons, other than candidates and those persons whose duties require them to be present, shall be in any room where examinations are taking place.

Candidates for examinations shall be placed so as to prevent one copying from another, and no communication whatever shall take place between the candidates.

All books necessary for the use of candidates shall be provided by the Examiner. Candidates shall not take into the examination room any books, papers, or memoranda of any kind whatever:

provided that slide rules previously approved by the Examiner may be taken into the examination room by candidates.

Candidates in drawing shall be provided with drawing boards and T squares, if necessary, but any other drawing instruments which they may require shall be provided by the candidates.

Candidates shall be allowed (in the time allotted) to cancel any part of their work, and, when required, additional papers shall be supplied by the Examiner. Candidates shall not work out the problems on anything but the paper supplied by the Examiner. Additional papers shall be attached to and form part of the examination papers.

Where any candidate is discovered referring to any unauthorised book or paper, or copying from another, or affording any assistance or giving any information to another, or communicating in any way with another, during the time of examination the candidate shall be regarded as having failed in his examination.

If a candidate leaves the examination room before answering any question which he is required to answer, he shall not afterwards be permitted to answer it, but the Examiner may substitute other data or another question.

Silence shall be preserved by candidates in the examination room.

Any candidate acting in contravention of any of the foregoing regulations, or being guilty of insolence to the Examiner, or of disorderly or improper conduct in or about the examination room, shall be liable to the postponement of his examination, or, in the event of his having passed, to the detention of his certificate for such period as the Board may direct.

In order to secure a pass in the written part of the examination which includes drawing, a candidate shall obtain at least two-thirds of the possible marks.

The following provisions shall apply to the first-class engine drivers’ examination:

If a candidate is found not to be qualified, the fee may be forfeited, or returned to the candidate, or placed to his credit until he is qualified. In any case where a candidate, having qualified for examination, becomes incapacitated or dies before having had an opportunity of being examined, the fee may be refunded.

Subject to subclauses (2) and (5), proof of qualifying service shall take the form of a written statement by the person who was the applicant’s employer during the period claimed as qualifying service. The statement shall set out the dates of duration of any lesser periods going to make up the total period of qualifying service, and shall, if the statement relates to an application for a boiler attendant’s certificate, also state the number of hours actually served. Statements relating to service in connection with—

No service with electrically heated boilers or unfired steam pressure vessels shall be counted as qualifying service.

In any case where the applicant is the sole owner of the steam plant in connection with which his qualifying service has been performed, the necessary proof of service shall take the form of a statement by a Justice of the Peace, a postmaster, or 2 persons of good repute who are acquainted with the facts, and any such statement shall contain all details specified by subclause (1).

Every applicant shall furnish a testimonial certifying his sobriety and good conduct for at least the 12 months immediately preceding the date of his application.

Where an applicant is unable to produce written proof of his service, by reason of the loss or destruction of his papers, certificates, or discharges, the Board may accept as evidence of his service a statutory declaration by the applicant giving particulars of his service and of the loss of papers and certificates.

Every candidate shall satisfy the Board that he can speak and write the English language sufficiently to be able to perform the duties he may be required to perform as the holder of a certificate under the Act.

Should any doubt exist as to the age of a candidate, he may be required to produce a certificate of birth.

If, after a candidate has passed the examination, it is found that his service is insufficient to entitle him to receive a certificate of the grade in respect of which he has passed, the certificate shall not be granted until he has performed the service in which he was deficient and has been re-examined, unless the Board sees fit to dispense with the re-examination.

Should a candidate’s service entitle him to a certificate of a lower grade that certificate may be granted.

If the Board is satisfied that the miscalculation of the candidate’s service was not due to any fault or misrepresentation on his part, he may have the fee returned to him or placed to his credit.

In any case where it is discovered that any such candidate has used a false reference as to service in support of his application, or has been guilty of misrepresentation in connection with his service, the examination shall be void and the fee forfeited.

Service which has been performed in contravention of the Boilers, Lifts, and Cranes Act 1950 shall not be accepted in respect of any application.

Every applicant for a winding, traction, locomotive, or locomotive and traction engine driver’s certificate shall forward with his application a certificate, signed by a medical practitioner, to the effect that the applicant’s eyesight and hearing are satisfactory, that he is free from colour blindness, and that he is not subject to any other infirmity likely to interfere with the efficient discharge of his duties.

Any such certificate shall be dated not more than 12 months prior to the date upon which the application reaches the institution conducting the examination concerned.

In subclause (1), medical practitioner means a health practitioner who is, or is deemed to be, registered with the Medical Council of New Zealand continued by section 114(1)(a) of the Health Practitioners Competence Assurance Act 2003 as a practitioner of the profession of medicine.

If a candidate fails in any examination under these regulations, he shall not be eligible for re-examination until after the expiration of 3 calendar months from the date of failure.

If any candidate on 3 occasions fails an examination for the same certificate of competency he shall, before again applying for examination for the same certificate, produce evidence of such further qualifying service as the Board thinks fit.

Any person who proves to the satisfaction of the Board that a certificate of which he was the rightful holder has been lost or destroyed may obtain a replacement of the certificate.

In accordance with the Act, a first-class engine driver’s certificate entitles the holder to drive and have charge of any boiler, steam turbine, or stationary steam engine (other than a winding engine).

An applicant for examination for the first-class engine driver’s certificate shall—

In accordance with the Act, a second-class engine driver’s certificate entitles the holder to have charge of any steam boiler, or boilers, not exceeding a total capacity of 500 horsepower, to which no machinery is attached, except—

An applicant for examination for a second-class engine driver’s certificate shall—

In accordance with the Act, a boiler attendant’s certificate entitles the holder to have charge of any steam boiler, or boilers, not exceeding a total capacity of 200 horsepower to which no machinery is attached, except—

An applicant for examination for a boiler attendant’s certificate shall—

A steam winding engine driver’s certificate entitles the holder to drive and have charge of any steam, air, or hydraulic machinery used for winding purposes in a mine.

In accordance with the Act, the holder of a steam winding engine driver’s certificate is deemed also to be the holder of a boiler attendant’s certificate, and he may also drive and have charge of a steam traction engine, a steam locomotive, and a steam log hauling engine and its boiler.

An applicant for examination for a steam or hydraulic winding engine driver’s certificate shall—

An electric winding engine driver’s certificate entitles the holder to drive and have charge of any electrically driven machinery used for winding purposes in a mine.

An applicant for examination for the electric winding engine driver’s certificate shall—

Any person may apply for a winding engine driver’s certificate limited in its application to winding engines of a particular class.

Any such certificate (referred to in these regulations as a restricted winding engine driver’s certificate) entitles the holder to drive and have charge of a winding engine of the class mentioned in the certificate, when the engine is used for drawing persons up, down, or along any inclined plane or level in any mine or coal mine.

An applicant for examination for a restricted winding engine driver’s certificate shall—

The holder of the locomotive and traction engine driver’s certificate may drive and have charge of any steam engine propelled or moved from place to place by its own motive power or machinery. He is also, in accordance with the Act, deemed to be the holder of a boiler attendant’s certificate.

An applicant for examination for the locomotive and traction engine driver’s certificate shall—

The holder of a locomotive engine driver’s certificate may drive and have charge of any steam locomotive engine propelled or moved from place to place by its own motive power or machinery. He is also, in accordance with the Act, deemed to be the holder of the boiler attendant’s certificate.

An applicant for examination for the locomotive engine driver’s certificate shall—

The holder of a traction engine driver’s certificate may drive and have charge of any steam traction engine propelled or moved from place to place by its own power or machinery. He may also drive and have charge, as a stationary engine, of any steam traction engine which he owns or is employed to drive as a traction engine.

An applicant for examination for a traction engine driver’s certificate shall—

The Secretary may, without examination, grant any certificate of competency under these regulations to any person of good repute who satisfies the Board that he is the holder of a corresponding certificate of equal status granted after examination by any duly constituted and recognised authority outside New Zealand.

An applicant for a certificate under these provisions shall—

Any person of good repute who has passed the New Zealand Government Railways examination as steam engine driver, and is or has been employed in the New Zealand Government Railways in driving either a steam locomotive or a stationary steam engine, shall be entitled, without examination or payment of fee, to obtain a certificate of competency under these regulations.

A person who has been employed as aforesaid as driver of a steam locomotive shall be entitled to receive a locomotive and traction engine driver’s certificate, and a person who has been employed as driver of a stationary steam engine shall be entitled to receive a boiler attendant’s certificate.

The provisions of subclauses (1) and (2) shall, with the necessary modifications, extend and apply to engine drivers employed on any railway in the United Kingdom or on any railway the property of the Government of any part of the British Commonwealth.

The following provisions shall apply to applicants for certificates under this regulation:

The Regulations for Examinations for Certificates, made under the Inspection of Machinery Act 1928 on 31 August 1931, and published in the Gazette of 3 September 1931 at page 2501, and the Amending Regulations for Examinations for Certificates, made under the Inspection of Machinery Act 1928 on 7 October 1931, and published in the Gazette of 12 October 1931 at page 2497, are hereby revoked.

Without limiting the provisions of the Acts Interpretation Act 1924, it is hereby declared that the revocation of any provision by these regulations shall not affect any document made or any thing whatsoever done under the provision so revoked or under any corresponding former provision, and every such document or thing, so far as it is subsisting or in force at the time of the revocation, and could have been made or done under these regulations, shall continue and have effect as if it had been made or done under the corresponding provision of these regulations and as if that provision had been in force when the document was made or the thing was done.