Heavy Motor Vehicle Regulations 1974 (SR 1974/218) (as at 01 August 2008)

Regulation by clause

16A Vehicle standards
  • (1) The following provisions shall apply to heavy motor vehicles and trailers to which this regulation applies:

    • (a) [Revoked]

    • (b) [Revoked]

    • (c) [Revoked]

    • (d) [Revoked]

    • (e) [Revoked]

    • (f) Load securing lashings (including webbings, ropes, and chains) shall comply with such standard or code of practice as the Agency may determine:

    • (g) [Revoked]

    (2) The Agency may, by notice in the Gazette or otherwise, determine or prescribe an alternative standard, specification, code of practice, or other requirement to one that is determined or prescribed by or under any of paragraphs (a) to (d) of subclause (1) of this regulation; and compliance with any such alternative shall be deemed to be compliance with the corresponding standard, specification, code of practice, or other requirement prescribed by or under that subclause.

    (3) [Revoked]

    (4) No person shall operate any heavy motor vehicle that fails to comply with any standard or specification or code of practice or other requirement applicable to that vehicle and prescribed or determined by or under this regulation.

    (5) For the purposes of this regulation, a requirement to comply with a particular standard or specification or code of practice means a requirement to comply with the latest standard or specification or code of practice, and any amendments, for the time being prescribed or determined.

    (6) This regulation applies as follows:

    • (a) Every heavy motor vehicle and every combination of vehicles, exceeding 39 000kg gross weight, shall comply with subclause (1) of this regulation on and from either—

      • (i) The 1st day of February 1989; or

      • (ii) The date on which the vehicle is first registered,—

      whichever date is the later:

    • (b) Every heavy motor vehicle and every combination of vehicles, not exceeding 39 000kg gross weight that is first registered in New Zealand after the 1st day of February 1989, shall comply with subclause (1) of this regulation either—

      • (i) By the 1st day of August 1989; or

      • (ii) On and from the date on which the vehicle is first registered,—

      whichever date is the later.

    • (c) Any heavy motor vehicle first registered before the 1st day of February 1989 that is, at any time after that date, altered or modified or reconstructed to such an extent that a new certificate of loading is required in respect of that vehicle, shall comply with subclause (1) of this regulation on and from the time when the vehicle is so altered or modified or reconstructed:

    • (d) Every heavy motor vehicle not exceeding 39 000kg that was first registered in New Zealand before the 1st day of February 1989 shall comply with—

      • (i) [Revoked]

      • (ii) [Revoked]

      • (iii) [Revoked]

      • (iv) [Revoked]

      • (v) Paragraphs (f) and (g) of subclause (1) of this regulation.

    Regulation 16A was inserted by regulation 8 Heavy Motor Vehicle Regulations 1974, Amendment No 5 (SR 1988/325).

    Regulation 16A was amended, as from 20 August 1993, by section 35(3) Land Transport Act 1993 (1993 No 88) by substituting the word Authority for the words Ministry of Transport wherever they occur.

    Subclause (1)(a) was revoked, as from 1 April 2005, by regulation 8(b) Heavy Motor Vehicle Amendment Regulations (No 3) 2004 (SR 2004/445).

    Subclause (1)(b) was revoked, as from 1 March 2007, by regulation 4 Heavy Motor Vehicle Amendment Regulations 2007 (SR 2007/5).

    Subclause (1)(c) to (e) was revoked, as from 1 April 2005, by regulation 8(b) Heavy Motor Vehicle Amendment Regulations (No 3) 2004 (SR 2004/445).

    Regulation 16A(1)(f): amended, on 1 August 2008, by section 50(2) of the Land Transport Management Amendment Act 2008 (2008 No 47).

    Subclause (1)(g) was revoked, as from 1 April 2002, by regulation 6(b) Land Transport (Offences And Penalties) Amendment Regulations 2002 (SR 2002/44).

    Subclause (2) was substituted, as from 27 July 1989, by regulation 4 Heavy Motor Vehicle Regulations 1974, Amendment No 6 (SR 1989/179).

    Regulation 16A(2): amended, on 1 August 2008, by section 50(2) of the Land Transport Management Amendment Act 2008 (2008 No 47).

    Subclause (3) was revoked, as from 1 April 2005, by regulation 8(b) Heavy Motor Vehicle Amendment Regulations (No 3) 2004 (SR 2004/445).

    Subclause (6)(d)(i) to (iv) was revoked, as from 1 April 2005, by regulation 8(b) Heavy Motor Vehicle Amendment Regulations (No 3) 2004 (SR 2004/445).