New Zealand Legislation: Regulations
Regulations are laws made under Acts
Reprint
as at 1 August 2008
(SR 1974/218)
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 in the Ministry of Transport
PURSUANT to sections 77 and 199 of the Transport Act 1962, His Excellency the Governor-General, acting by and with the advice and consent of the Executive Council, hereby makes the following regulations.
4 Road classification signs [Revoked]
6 Special weight-limit permits [Revoked]
13 Devices to alter axle weights [Revoked]
14 Marking of tare weight [Revoked]
[Revoked]
(1) These regulations may be cited as the Heavy Motor Vehicle Regulations 1974.
(2) These regulations shall come into force on the 7th day after the date of their notification in the Gazette.
(1) 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
Axle means one or more shafts, spindles, or bearings in the same vertical transverse plane by means of which, in conjunction with wheels mounted on those shafts, spindles, or bearings, a portion of the weight of the vehicle is transmitted to the roadway
Axle set
[Revoked]
Axle set: this definition was revoked, as from 27 February 2005, by regulation 3 Heavy Motor Vehicle Amendment Regulations (No 3) 2004 (SR 2004/445).
Board means, subject to subclause (4) of this regulation, the National Roads Board established under the National Roads Act 1953
Board: this definition was amended by regulation 2(1) Heavy Motor Vehicle Regulations 1974, Amendment No 7 (SR 1989/309) by inserting the words “,subject to subclause (4) of this regulation,”
.
Controlling authority, in relation to any road, means the authority, body, or person or persons having control of the road; and includes any person acting under and within the terms of any delegation or authorisation given by a controlling authority
Heavy motor vehicle means a motor vehicle (other than a motorcar that is not used, kept, or available for the carriage of passengers for hire or reward) the gross laden weight of which exceeds 3,500 kg; but does not include a traction engine or vehicle designed solely or principally for the use of fire brigades in attendance at fires
Heavy motor Vehicle: this definition was amended by regulation 2(2) Heavy Motor Vehicle Regulations 1974, Amendment No 7 (SR 1989/309) by substituting the words “gross laden weight of which exceeds 3,500kg”
for the words “gross weight of which exceeds 2,000kg”
.
Longitudinal walking beam
[Revoked]
Longitudinal walking beam: this definition was revoked, as from 27 February 2005, by regulation 3 Heavy Motor Vehicle Amendment Regulations (No 3) 2004 (SR 2004/445).
Metal tyre
[Revoked]
Metal tyre: this definition was revoked, as from 27 February 2005, by regulation 3 Heavy Motor Vehicle Amendment Regulations (No 3) 2004 (SR 2004/445).
To operate means to use or drive, or cause or permit to be used or driven, on any road, or permit to be on any road, whether the person operating is present in person or not
Oscillating axle
[Revoked]
Oscillating axle: this definition was revoked, as from 27 February 2005, by regulation 3 Heavy Motor Vehicle Amendment Regulations (No 3) 2004 (SR 2004/445).
Pneumatic tyre
[Revoked]
Pneumatic tyre: this definition was revoked, as from 27 February 2005, by regulation 3 Heavy Motor Vehicle Amendment Regulations (No 3) 2004 (SR 2004/445).
Single-tyred axle
[Revoked]
Single-tyred axle: this definition was revoked, as from 27 February 2005, by regulation 3 Heavy Motor Vehicle Amendment Regulations (No 3) 2004 (SR 2004/445).
Single axle set
[Revoked]
Single axle set: this definition was revoked, as from 27 February 2005, by regulation 3 Heavy Motor Vehicle Amendment Regulations (No 3) 2004 (SR 2004/445).
Single large-tyred axle
[Revoked]
Single large-tyred axle: this definition was revoked, as from 27 February 2005, by regulation 3 Heavy Motor Vehicle Amendment Regulations (No 3) 2004 (SR 2004/445).
Single standard-tyred axle
[Revoked]
Single standard-tyred axle: this definition was revoked, as from 27 February 2005, by regulation 3 Heavy Motor Vehicle Amendment Regulations (No 3) 2004 (SR 2004/445).
Solid tyre
[Revoked]
Solid tyre: this definition was revoked, as from 27 February 2005, by regulation 3 Heavy Motor Vehicle Amendment Regulations (No 3) 2004 (SR 2004/445).
Tandem axle set
[Revoked]
Tandem axle set: this definition was revoked, as from 27 February 2005, by regulation 3 Heavy Motor Vehicle Amendment Regulations (No 3) 2004 (SR 2004/445).
Tri-axle set
[Revoked]
Tri-axle set: this definition was revoked, as from 27 February 2005, by regulation 3 Heavy Motor Vehicle Amendment Regulations (No 3) 2004 (SR 2004/445).
Twin-tyred axle
[Revoked]
twin-tyred axle: this definition 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 “Secretary for Transport”
.
twin-tyred axle: this definition was revoked, as from 27 February 2005, by regulation 3 Heavy Motor Vehicle Amendment Regulations (No 3) 2004 (SR 2004/445).
Twin steer set
[Revoked]
Twin steer set: this definition was revoked, as from 27 February 2005, by regulation 3 Heavy Motor Vehicle Amendment Regulations (No 3) 2004 (SR 2004/445).
Wheel track means the distance between the centres of the left-side and right-side wheels of a pair of wheels.
(2) For the purposes of these regulations, a dual-wheel assembly consisting of twin wheels fitted with twin tyres shall be deemed to be 1 wheel.
(3) For the purposes of these regulations, in the computation of the load of a heavy motor vehicle engaged in the carriage of passengers, each person, including any personal effects carried free of charge, shall be deemed to weigh 68kg, and in computing the number of persons the driver shall be included:
Provided that in the case of a heavy motor vehicle used for the carriage of school children and their teachers and for no other purpose, each school child shall be deemed to weigh 34kg, and each teacher and the driver shall be deemed to weigh 68kg each.
(4) References in these regulations to the terms Board and National Roads Board shall, in respect of matters occurring on and after the 1st day of October 1989, be read as references to the New Zealand Transport Agency established under section 93 of the Land Transport Management Act 2003.
Regulation 2(1) Agency: inserted, on 1 August 2008, by section 50(2) of the Land Transport Management Amendment Act 2008 (2008 No 47).
Regulation 2(1) Authority: revoked, on 1 August 2008, by section 50(2) of the Land Transport Management Amendment Act 2008 (2008 No 47).
Regulation 2(1) Director: revoked, on 1 August 2008, by section 50(2) of the Land Transport Management Amendment Act 2008 (2008 No 47).
Regulation 2 was substituted by regulation 2(1) Heavy Motor Regulations 1974, Amendment No 6 (SR 1989/179).
Regulation 2(4) was inserted by regulation 2(3) Heavy Motor Regulations 1974, Amendment No 7 (SR 1989/309).
Regulation 2(4): amended, on 1 August 2008, by section 50(2) of the Land Transport Management Amendment Act 2008 (2008 No 47).
(1) For the purposes of these regulations, roads shall be classified in Class I or Class C.
(2) Subject to subclause (19) of this regulation, Class I shall comprise—
(a) All roads classified in Class I before the 1st day of February 1989; and
(b) All state highways; and
(c) All roads classified in Class II before the 1st day of February 1989.
(3) Subject to subclause (19) of this regulation, Class C shall comprise roads—
(a) That would be likely to suffer excessive damage by heavy motor vehicles if classified in Class I; and
(b) Are classified in Class C by the Agency.
(4) The Board may at any time require the Agency to alter the classification of any state highway. Any other controlling authority having the control of any road may at any time apply to the Agency to approve a proposal of the controlling authority that the classification of the road be altered.
(5) Notwithstanding anything in subclauses (1) to (4) of this regulation, the Board, after notice to the appropriate controlling authority, may require the Agency to alter the classification of any road under the control of that authority, and the Agency shall declare the classification accordingly.
(6) Where a controlling authority or the Board applies to or requires the Agency to alter the classification of a Class I road to Class C, it shall first give public notice of the names or other sufficient identification of the roads proposed to be so classified and of the class to which it is proposed that each such road shall be declared to belong, and shall in that notice call upon any person objecting to lodge notice in writing of his or her objection and of the ground thereof at an address to be stated in the notice, and before a date to be specified in the notice which shall be at least 14 clear days after the date of the first publication of the notice. The notice shall be given by publishing in some newspaper circulating in the district affected a notice in form A in Schedule 1 to these regulations.
(7) Upon the expiration of the period stated in the notice, the controlling authority shall apply to the Agency for approval or (in the case of an application by the Board) for a declaration of the alteration in classification, and, except in the case of the Board, the controlling authority shall forward with its application any objections relating to the application.
(8) In the case of an alteration in classification proposed by the Board, the Agency shall, by notice in the Gazette, declare the alteration in classification proposed by the Board.
(9) In the case of an alteration in classification proposed by any other controlling authority, the Agency may, by notice in the Gazette, approve the proposed classification, or, with the concurrence of the parties concerned, modify the proposed alteration in classification in accordance with any objections received or otherwise, and then approve the alteration in classification as so modified.
(10) In the event of any difference of opinion as to the correct classification for a road arising between the Agency and the controlling authority applying under subclause (4) of this regulation to have the road classification altered and any party objecting under subclause (6) of this regulation to the proposed alteration, the question may be submitted by the Agency or the controlling authority or any such party to the Board. The decision of the Board shall be final, and the Agency shall, by notice in the Gazette, declare the alteration in classification (if any) in accordance with the decision of the Board.
(11) When the classification of a road is altered, the controlling authority shall give public notice, by publication in some newspaper circulating in the district affected, of the classification effected and of the Authority's approval or declaration thereof, and shall forthwith erect and shall at all times maintain, in the manner prescribed by Land Transport Rule: Traffic Control Devices 2004 (54002), such one of the signs described in that rule as may be appropriate to the classification.
(12) Upon publication in the Gazette of a notice given under subclause (8) or subclause (9) or subclause (10) of this regulation, the controlling authority shall forthwith take the steps prescribed by subclause (11) of this regulation. On default by the controlling authority, the Agency may at any time take those steps, or any of them, at the expense in all things of the controlling authority.
(13) No classification of any road shall be deemed to have altered to Class C—
(a) Until it is approved or declared by the Agency in writing and publicly notified and the road is signposted as provided by subclause (11) of this regulation; or
(b) At any time while the signposting of the road is not maintained as provided by subclause (11) of this regulation.
(14) Any controlling authority may declare that temporarily a Class C road shall become Class I. Where a declaration is made under this subclause,—
(a) A copy of the declaration shall be sent to the Agency within 7 days; and
(b) Notice of the declaration shall within 7 days be given by publication of the terms of the declaration or a statement conveying the general effect of the declaration in some newspaper circulating in the district to which the declaration relates; and
(c) The controlling authority shall erect such one of the signs described in Land Transport Rule: Traffic Control Devices 2004 (54002) as may be appropriate to the temporary classification and period during which it has effect; and
(d) Any signs relating to the permanent classification of the road shall be removed or covered.
(15) Any such temporary classification shall, unless reimposed, have effect until the date specified in the declaration. On this date the controlling authority shall remove the temporary signs and replace the permanent classification signs, or, as the case may be, remove any covering placed over the permanent classification signs.
(16) Notwithstanding anything in subclause (15) of this regulation, a controlling authority may, on reasonable grounds, terminate any temporary classification before the date specified in the original declaration. Notice of any such termination shall be given by publication, before the date on which the termination takes effect, of a statement conveying the grounds of and the general effect of the termination in the newspaper which carried notice of the original declaration. On the date on which the termination takes effect, the controlling authority shall remove the temporary signs and replace the permanent classification signs, or, as the case may be, remove any covering placed over the permanent classification signs.
(17) Any operator of a motor vehicle to which a current road user licence relates who claims that his or her operations are adversely affected by a classification of a road, or any association including such licensees, may apply to the controlling authority not earlier than 12 months after the date when the classification was last altered for the classification to be altered. The controlling authority, if it is satisfied, by such evidence as it thinks fit, that the claim has been substantiated, may take the appropriate steps to alter the classification. If in the case of a road not under the control of the Board the alteration is not effected within 3 months after the date of the application, the licensee or association, as the case may be, may within a further period of 14 days appeal to the Board, which, after making such inquiries as it thinks proper, may exercise its power to require the Agency to alter the classification under subclause (5) of this regulation or decide not to require the Agency to alter the classification.
(18) In any proceedings for a breach of these regulations—
(a) Relating to a road alleged to belong or to be deemed to belong to Class I, evidence by a constable or traffic officer that the road belonged to Class I shall be sufficient evidence that the road at all material times belonged to that class:
(b) Relating to a road alleged to belong to Class C,—
(i) The production of a copy of the Gazette, or of an official extract therefrom, purporting to contain the Authority's approval or declaration of the classification of any road; and
(ii) Proof that at all material times the appropriate classification signs were erected and maintained on the road in accordance with Land Transport Rule: Traffic Control Devices 2004 (54002)—
shall be sufficient evidence that the road was at all material times duly classified in the class specified in the Authority's approval or declaration.
(19) No classification made by or under either subclause (2)(c) or subclause (3) of this regulation shall have effect before the 1st day of August 1989.
Regulation 3 was substituted by regulation 3(1) Heavy Motor Vehicle Regulations 1974, Amendment No 5 (SR 1988/325).
Refer to regulation 12 Heavy Motor Vehicle Regulations 1974, Amendment No 5 (SR 1988/325) for the transitional provisions.
Regulation 3 was amended, as from 20 August 1993, by section 35(3) Land Transport Act 1993 (1993 No 88) by substituting the words “Authority”
and “Authority's”
for the words “Secretary”
and “Secretary's”
wherever they occurred.
Regulation 3(3)(b): amended, on 1 August 2008, by section 50(2) of the Land Transport Management Amendment Act 2008 (2008 No 47).
Regulation 3(4): amended, on 1 August 2008, by section 50(2) of the Land Transport Management Amendment Act 2008 (2008 No 47).
Regulation 3(5): amended, on 1 August 2008, by section 50(2) of the Land Transport Management Amendment Act 2008 (2008 No 47).
Regulation 3(6): amended, on 1 August 2008, by section 50(2) of the Land Transport Management Amendment Act 2008 (2008 No 47).
Regulation 3(7): amended, on 1 August 2008, by section 50(2) of the Land Transport Management Amendment Act 2008 (2008 No 47).
Regulation 3(8): amended, on 1 August 2008, by section 50(2) of the Land Transport Management Amendment Act 2008 (2008 No 47).
Regulation 3(9): amended, on 1 August 2008, by section 50(2) of the Land Transport Management Amendment Act 2008 (2008 No 47).
Regulation 3(10): amended, on 1 August 2008, by section 50(2) of the Land Transport Management Amendment Act 2008 (2008 No 47).
Subclause (11) was amended, as from 27 February 2005, by regulation 4(1)(a) Heavy Motor Vehicle Amendment Regulations (No 3) 2004 (SR 2004/445) by substituting the words “Land Transport Rule: Traffic Control Devices 2004 (54002)”
for the words “regulation 4 of these regulations”
.
Subclause (11) was amended, as from 27 February 2005, by regulation 4(1)(b) Heavy Motor Vehicle Amendment Regulations (No 3) 2004 (SR 2004/445) by substituting the words “that rule”
for the words “that regulation”
.
Regulation 3(12): amended, on 1 August 2008, by section 50(2) of the Land Transport Management Amendment Act 2008 (2008 No 47).
Regulation 3(13)(a): amended, on 1 August 2008, by section 50(2) of the Land Transport Management Amendment Act 2008 (2008 No 47).
Regulation 3(14)(a): amended, on 1 August 2008, by section 50(2) of the Land Transport Management Amendment Act 2008 (2008 No 47).
Subclause (14)(c) was amended, as from 27 February 2005, by regulation 4(2) Heavy Motor Vehicle Amendment Regulations (No 3) 2004 (SR 2004/445) by substituting the words “Land Transport Rule: Traffic Control Devices 2004 (54002)”
for the words “regulation 4 of these regulations”
.
Regulation 3(17): amended, on 1 August 2008, by section 50(2) of the Land Transport Management Amendment Act 2008 (2008 No 47).
Subclause (18) was amended by regulation 2 Heavy Motor Vehicle Regulations 1974, Amendment No 8 (SR 1992/182) by inserting the words “constable or”
.
Subclause (18)(b)(ii) was amended, as from 27 February 2005, by regulation 4(3) Heavy Motor Vehicle Amendment Regulations (No 3) 2004 (SR 2004/445) by substituting the words “Land Transport Rule: Traffic Control Devices 2004 (54002)”
for the words “regulation 4 of these regulations”
.
[Revoked]
Subclause (1), (3) and (5) were amended by regulation 4(1) Heavy Motor Vehicle Regulations 1974, Amendment No 5 (SR 1988/325) by substituting the expression “Class C”
for the expression “Class II”
.
Subclause (5) 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 word “Secretary”
.
Subclause (6) was amended by regulation 4(2) Heavy Motor Vehicle Regulations 1974, Amendment No 5 (SR 1988/325) by substituting the expression “subclause (14)”
for the expression “subclause (13)”
.
Regulation 4 was revoked, as from 27 February 2005, by regulation 8(a) Heavy Motor Vehicle Amendment Regulations (No 3) 2004 (SR 2004/445).
(1) A person may not operate a motor vehicle if the weight of the vehicle on its axles exceeds the weight prescribed for its axles by section 4.3 or section 4.4 or section 4.5 of Land Transport Rule: Vehicle Dimensions and Mass 2002.
(2) [Revoked]
(3) [Revoked]
(4) [Revoked]
(5) No person shall operate any heavy motor vehicle on any Class C road, except for the purposes of the delivery or collection of goods or passengers, or any of those things, to or from locations directly accessible only from such roads.
Regulation 5 was substituted by regulation 5(1) Heavy Motor Vehicle Regulations 1974, Amendment No 5 (SR 1988/325).
Subclause (1) was substituted, as from 1 July 2002, by regulation 3 Heavy Motor Vehicle Amendment Regulations 2002 (SR 2002/141).
Subclauses (2) and (3) were revoked, as from 1 July 2002, by regulation 3 Heavy Motor Vehicle Amendment Regulations 2002 (SR 2002/141).
Subclause (4) was substituted by regulation 3 Heavy Motor Vehicle Regulations 1974, Amendment No 6 (SR 1989/179).
Subclause (4) proviso was amended, as from 16 April 1998, by regulation 2 Heavy Motor Vehicle Amendment Regulations 1998 (SR 1998/44) by substituting the words “, and a certificate of loading under section 79B of the Transport Act 1962 stating that the vehicle or combination meets the standards set out in regulation 16A(1) has not been issued”
for the words “and the vehicle or combination does not comply with all of the applicable provisions in regulation 16A(1) of these regulations”
.
Subclause (4) proviso was further amended, as from 3 May 1999, by regulation 2 Heavy Motor Vehicle Amendment Regulation 1999 (SR 1999/86) by inserting, after the expression “section 79B of the Transport Act 1962”
, the expression “or under the Land Transport Act 1998”
.
Subclause (4) was revoked, as from 1 July 2002, by regulation 3 Heavy Motor Vehicle Amendment Regulations 2002 (SR 2002/141).
[Revoked]
Subclause (1) was amended by regulation 6 Heavy Motor Vehicle Regulations 1974, Amendment No 5 (SR 1988/325) by substituting the expression “the 1st day of February 1989”
for the expression “1 November 1974”
.
Subclause (1) was amended by section 35(3) Land Transport Act 1993 (1993 No 88) by substituting the word “Director”
for the word “Secretary”
.
Regulation 6 was revoked, as from 1 July 2002, by regulation 6(1)(a) Heavy Motor Vehicle Amendment Regulations 2002 (SR 2002/141). See regulation 6(2) Heavy Motor Vehicle Amendment Regulations 2002 (SR 2002/141) for the savings provisions.
(1) [Revoked]
(1A) The fee for the issue of a permit under subclause (1) of this regulation, or by a road controlling authority under section 5 of Land Transport Rule: Vehicle Dimensions and Mass 2002, shall be that specified in Schedule 4A to these regulations.
(1B) [Revoked]
(2) [Revoked]
(3) [Revoked]
(4) [Revoked]
(5) [Revoked]
(6) [Revoked]
(7) [Revoked]
(8) [Revoked]
Subclause (1) was amended by regulation 7(1)(b) Motor Spirits Duty Refund Regulations 1978 (SR 1978/28) by substituting the words “road user licence”
for the words “heavy-traffic licence”
, and by regulation 4(1).
Subclause (1) was revoked, as from 1 July 2002, by regulation 6(1)(a) Heavy Motor Vehicle Amendment Regulations 2002 (SR 2002/141). See regulation 6(2) Heavy Motor Vehicle Amendment Regulations 2002 (SR 2002/141) for the savings provisions.
Subclause (1A) was inserted by regulation 4(1) and (2) Heavy Motor Vehicle Regulations 1974, Amendment No 4 (SR 1987/206).
Subclause (1A) was amended, as from 1 July 2002, by regulation 4 Heavy Motor Vehicle Amendment Regulations 2002 (SR 2002/141) by inserting the words “, or by a road controlling authority under section 5 of Land Transport Rule: Vehicle Dimensions and Mass 2002,”
after the words “this regulation”
.
Subclause (1B) was inserted by regulation 4(1) and (2) Heavy Motor Vehicle Regulations 1974, Amendment No 4 (SR 1987/206).
Subclauses (1B) to (8) were revoked, as from 1 July 2002, by regulation 6(1)(a) Heavy Motor Vehicle Amendment Regulations 2002 (SR 2002/141). See regulation 6(2) Heavy Motor Vehicle Amendment Regulations 2002 (SR 2002/141) for the savings provisions.
(1) [Revoked]
(2) Notwithstanding anything in subclause (1) of this regulation, but subject to any condition in any other permit issued under these regulations relating to the pressure of air or gas in any tyre, a controlling authority may issue a permit in writing for any specified heavy motor vehicle to be used on any road under the control of that controlling authority although the air or gas pressure in any tyre exceeds the limit specified in subclause (1). The permit may be issued subject to such conditions not involving a monetary payment as the controlling authority thinks fit to impose. That permit may be signed by an officer of the controlling authority or by any other person authorised by it in that behalf.
(3) Every person operating a heavy motor vehicle under a permit issued as aforesaid shall comply with all the conditions of the permit.
(4) Any controlling authority may, with the consent of any other controlling authority, issue any permit necessary under subclause (2) of this regulation in respect of any road controlled by the latter controlling authority, and the provisions of subclauses (2) and (3) of this regulation shall in all respects apply to any permit so issued.
(5) Any permit issued under this regulation may apply to any particular trip or to any number of trips or to a specified period or periods, and may at any time be revoked or amended by any controlling authority so far as it relates to roads under the control of that controlling authority.
Regulation 8(1) was substituted by regulation 5 Heavy Motor Vehicle Regulations 1974, Amendment No 4 (SR 1987/206).
Subclause (1) was revoked, as from 1 April 2002, by regulation 6(b) Land Transport (Offences And Penalties) Amendment Regulations 2002 (SR 2002/44).
[Revoked]
Subclauses (1) and (2) were substituted by regulation 2(1) Heavy Motor Vehicle Regulations 1974, Amendment No 3 (SR 1985/145).
Subclauses (2A) and (2B) inserted by regulation 2(1) Heavy Motor Vehicle Regulations 1974, Amendment No 3 (SR 1985/145).
Subclauses (1) and (2) were substituted, as from 3 May 2004, by regulation 3 Heavy Motor Vehicle Amendment Regulations (No 2) 2004 (SR 2004/81).
Subclauses (2A) and (2B) were revoked, as from 3 May 2004, by regulation 3 Heavy Motor Vehicle Amendment Regulations (No 2) 2004 (SR 2004/81).
Subclauses (3) and (4) were revoked, as from 1 April 2002, by regulation 6(b) Land Transport (Offences And Penalties) Amendment Regulations 2002 (SR 2002/44).
Subclause (6) was amended by section 35(3) Land Transport Act 1993 (1993 No 88) by substituting the word “Director”
for the word “Secretary”
.
Subclause (8)(a) was revoked by regulation 2(2) Heavy Motor Vehicle Regulations 1974, Amendment No 3 (SR 1985/145).
Subclauses (9) and (10) were inserted by regulation 2(3) Heavy Motor Vehicle Regulations 1974, Amendment No 3 (SR 1985/145).
Subclause (10) was amended, as from 5 April 2004, by regulation 3 Heavy Motor Vehicle Amendment Regulations 2004 (SR 2004/40) by inserting the words “before the date of the commencement of section 4 of the Transport Amendment Act 1997 (5 April 2004)”
after the words “section 52 of the Act”
.
Regulation 9 was revoked, as from 27 February 2005, by regulation 8(a) Heavy Motor Vehicle Amendment Regulations (No 3) 2004 (SR 2004/445).
(1) [Revoked]
(2) [Revoked]
(3) The controlling authority may, on reasonable grounds, prohibit absolutely or conditionally the use on any specified road of heavy motor vehicles or of any specified class of heavy motor vehicle during any specified period or series of periods.
(4) The controlling authority may, if it considers on reasonable grounds that it is necessary to protect a road from excessive damage, prohibit, during any specified period of not more than 12 months, the use on that road of heavy motor vehicles which exceed a specified axle weight. If, at the expiry of the specified period, the controlling authority still considers a prohibition necessary to protect the road, it may extend the prohibition for a further specified period of not more than 12 months, and, until it considers such a prohibition is no longer necessary, may continue to extend the prohibition for further specified period of not more than 12 months each.
(5) Notice of any prohibition imposed under subclauses (3) or (4) of this regulation shall be given by the controlling authority in the manner provided in subclause (6) of this regulation at least 7 days before the commencement of the specified period:
Provided that in special circumstances, such as an emergency arising from rain, frost, flood, or other climatic conditions, it shall be sufficient compliance with this requirement if that notice be given as long before the commencement of the period as the circumstances reasonably permit.
(6) The notice referred to in subclause (5) of this regulation shall be given by publication of a statement conveying the grounds of the prohibition and the general effect of the prohibition in some newspaper circulating in the district to which the matter of the notice relates, and by the erection and maintenance of an adequate sign posted in some conspicuous place at all entrances to the road or roads affected by the prohibition.
(7) [Revoked]
(8) Any consent or prohibition given or imposed under subclause (1), or subclause (3), or subclause (4) of this regulation may be expressed to relate to all roads under the control of the controlling authority, or any particular road or portion thereof.
(9) If as a result of advice by the National Roads Board, or of inquiry, the Agency is of the opinion that the power given by subclause (3) or subclause (4) of this regulation has in the case of any road not been exercised in a reasonable manner, the Agency may, by notice in writing given to the controlling authority, revoke, wholly or in part, the prohibition of the use of the road by heavy motor vehicles or any class of heavy motor vehicles, as the case may be, as from the date of the notice or from such later date as may be specified in that behalf in the notice, and may give such public notice of the revocation as the Agency thinks fit.
(10) On the date on which any such revocation takes effect, the controlling authority shall remove the signs giving notice of the prohibition which has been revoked.
(11) Any sign erected under the Heavy Motor Vehicle Regulations 1955 or the Heavy Motor Vehicle Regulations 1969 at the commencement of these regulations shall remain in force as if it had been erected under this regulation.
Subclauses (1) and (2) were revoked, as from 1 April 2002, by regulation 6(b) Land Transport (Offences And Penalties) Amendment Regulations 2002 (SR 2002/44).
Subclause (6) was amended, as from 27 February 2005, by regulation 5 Heavy Motor Vehicle Amendment Regulations (No 3) 2004 (SR 2004/445) by omitting the words “A sign of the type specified in diagram No. 3 in Schedule 4 to these regulations may be used if appropriate.”
.
Subclause (7) was revoked, as from 27 February 2005, by regulation 8(a) Heavy Motor Vehicle Amendment Regulations (No 3) 2004 (SR 2004/445).
Regulation 10(9): amended, on 1 August 2008, by section 50(2) of the Land Transport Management Amendment Act 2008 (2008 No 47).
Subclause (9) was amended, as from 20 August 1993, by section 35(3) Land Transport Act 1993 (1993 No 88) by substituting the words “Authority”
and “the Authority”
for the words “Minister”
and “he”
.
(1) [Revoked]
(2) [Revoked]
(3) For the purposes of this regulation, a controlling authority may with respect to any bridge under its control fix weight limits or a speed limit or both weight limits and a speed limit for heavy motor vehicles, and combinations of vehicles including a heavy motor vehicle, using that bridge.
(4) Before a controlling authority proceeds to fix any weight limits or speed limit with respect to any bridge under this regulation, it shall obtain from a chartered professional engineer a certificate that he has made a detailed inspection of the bridge and that as a result he is of the opinion that the use of the bridge by vehicles exceeding in weight the weight limits, or travelling at a speed exceeding the speed limit, proposed to be fixed would so overstrain the bridge as to be likely to cause its ultimate failure.
(5) Any controlling authority that has fixed weight or speed limits with respect to any bridge as aforesaid shall cause notification thereof in form D in Schedule 1 to these regulations to be published in some newspaper circulating in the district in which the bridge is situated, and shall erect and maintain near each end of the bridge a sign indicating any weight and speed limits so fixed in the form prescribed by Land Transport Rule: Traffic Control Devices 2004 (54002).
(6) [Revoked]
(7) Any controlling authority that has fixed a speed limit with respect to any bridge as aforesaid shall cause notification thereof in form D in Schedule 1 to these regulations to be published in some newspaper circulating in the district in which the bridge is situated. Any such notice may be combined with a notice under subclause (5) of this regulation, as indicated in the said form D.
(8) The weight limits or speed limit fixed with respect to any bridge shall become effective for the purpose of this regulation so soon as subclause (5) or subclause (7) has been complied with and no sooner.
(9) Within 7 days of the publication or first publication (if more than one) of a notification, the controlling authority shall forward to the Agency a copy of the newspaper containing the notification, together with advice that an engineer's certificate has been obtained in accordance with subclause (4) of this regulation.
(10) The controlling authority shall remove any weight limits or speed limit which it has fixed with respect to any bridge under this regulation, or under the corresponding provisions of the Heavy Motor Vehicle Regulations 1969, upon being satisfied that the same are no longer necessary by reason of repairs to the bridge having been effected or for any other sufficient reason, and shall cause notification of the removal to be published in some newspaper circulating in the district in which the bridge is situated and shall forthwith remove the signs erected under subclause (5) of this regulation, or, as the case may be, the corresponding provisions of the Heavy Motor Vehicle Regulations 1969.
(11) The controlling authority shall forthwith notify the Agency of the removal of any weight limits or speed limit as aforesaid, and shall forward to him a copy of the newspaper containing notification thereof.
(12) Any weight limits or speed limit removed under this regulation shall be ineffective as from the time of removal of the signs by the controlling authority, or as from the date of publication or first publication (if more than one) of the notification of that removal.
(13) Any weight limits or speed limit fixed by the controlling authority under the provisions of this regulation shall remain in force, unless sooner revoked or amended, for a period of 12 months and no longer, but any such weight limits or speed limit, and any weight limits or speed limit fixed under the corresponding provisions of the Heavy Motor Vehicle Regulations 1969 and in force at the commencement of these regulations, may be reimposed from time to time under the provisions of this regulation for further periods not exceeding 12 months at any one time.
(14) In any prosecution for a breach of this regulation, it shall be sufficient evidence that the weight limits or speed limit with respect to any bridge had been fixed and were in force in accordance with this regulation, if the prosecution proves that at the time when the offence was committed the signs indicating weight or speed limits, or both, were in position near each end of the bridge, and that those limits had been fixed by the controlling authority not more than 12 months before the date of the alleged offence.
(15) In the case of any weight limit or speed limit in force for any bridge at the commencement of these regulations, the limit shall remain in force until it would have been due to expire under the Heavy Motor Vehicle Regulations 1969, and the signs indicating such limits may continue to be used for this purpose until the limits are altered or revoked under these regulations.
(16) [Revoked]
(16A) [Revoked]
(16B) [Revoked]
(17) [Revoked]
(18) [Revoked]
(19) [Revoked]
Subclauses (1) and (2) were revoked, as from 27 February 2005, by regulation 8(a) Heavy Motor Vehicle Amendment Regulations (No 3) 2004 (SR 2004/445).
Subclause (4) was amended, as from 1 January 2004, by section 76 Chartered Professional Engineers of New Zealand Act 2002 (2002 No 17) by substituting the words “a chartered professional engineer”
for the words “an engineer (who is either registered under the Engineers Registration Act 1924 or is the holder of a certificate of recognition issued by the Engineers Registration Board)”
.
Subclause (5) was amended, as from 27 February 2005, by regulation 6(1) Heavy Motor Vehicle Amendment Regulations (No 3) 2004 (SR 2004/445) by substituting the words “prescribed by Land Transport Rule: Traffic Control Devices 2004 (54002)”
for the words “of diagram No. 4 in Schedule 4 to these regulations”
.
Subclause (6)(a) was substituted by regulation 7(1) Heavy Motor Vehicle Regulations 1974, Amendment No 5 (SR 1988/325).
Subclause (6)(b) was amended by regulation 2 Heavy Motor Vehicle Regulations 1974, Amendment No 5 (SR 1974/309) by substituting the expression “80”
, or “90”
for the expression “80”
.
Subclause (6)(b) was amended by regulation 7(2) Heavy Motor Vehicle Regulations 1974, Amendment No 5 (SR 1988/325) by inserting the expression “and No 4”
.
Subclause (6) was revoked, as from 27 February 2005, by regulation 8(a) Heavy Motor Vehicle Amendment Regulations (No 3) 2004 (SR 2004/445).
Subclause (8) was amended, as from 27 February 2005, by regulation 6(2) Heavy Motor Vehicle Amendment Regulations (No 3) 2004 (SR 2004/445) by substituting the words “subclause (5) or subclause (7) has”
for the words “the provisions of subclauses (5) and (6), or, as the case may require, subclause (7), of this regulation have”
.
Regulation 11(9): amended, on 1 August 2008, by section 50(2) of the Land Transport Management Amendment Act 2008 (2008 No 47).
Subclauses (9) and (11) were amended, as from 20 August 1993, by section 35(3) Land Transport Act 1993 (1993 No 88) by substituting the word “Authority”
for the word “Secretary”
.
Regulation 11(11): amended, on 1 August 2008, by section 50(2) of the Land Transport Management Amendment Act 2008 (2008 No 47).
Subclause (16) was amended by regulation 7(1)(b) Motor Spirits Duty Refund Regulations 1978 (SR 1978/28) by substituting the words “road user licence”
for the words “heavy-traffic licence”
.
Subclause (16) was revoked, as from 27 February 2005, by regulation 8(a) Heavy Motor Vehicle Amendment Regulations (No 3) 2004 (SR 2004/445).
Subclauses (16A) and (16B) were inserted by regulation 6 Heavy Motor Vehicle Regulations 1974, Amendment No 4 (SR 1987/206).
Subclauses (16A) to (19) were revoked, as from 27 February 2005, by regulation 8(a) Heavy Motor Vehicle Amendment Regulations (No 3) 2004 (SR 2004/445).
(1) The controlling authority of any road may, by notice in writing, declare the road or any specified part thereof to be a road construction zone.
(2) Every such notice shall—
(a) Be signed by a duly authorised officer of the controlling authority, or by a chartered professional engineer authorised in writing by the controlling authority to sign such notices; and
(b) Be forwarded to the nearest office of the Agency; and
(c) Shall contain the following information:
(i) A description of the boundaries of the zone; and
(ii) The class or classes of heavy motor vehicles or, as the case may be, the specified heavy motor vehicle or vehicles permitted to operate in the zone in accordance with the provisions of subclause (4) of this regulation; and
(iii) Any limitation as to vehicle size, speed, weight, tyres, and tyre pressure of vehicles so permitted to operate in the zone; and
(iv) The period for which the notice will remain in force; and
(d) May from time to time in like manner be amended. A copy of any amending notice shall be sent to the nearest office of the Agency.
(3) [Revoked]
(4) While any notice under subclause (1) of this regulation continues in force and the signs prescribed by Land Transport Rule: Traffic Control Devices 2004 (54002) are erected, the provisions of Land Transport Rule: Vehicle Dimensions and Mass 2002, and regulation 8, subclause (5) of regulation 9, and regulation 10 of these regulations shall not apply to any heavy motor vehicle to which subparagraph (ii) of paragraph (c) of subclause (2) of this regulation applies which is operated in the road construction zone and complies with any limits as to vehicle size, speed, weight, tyres, and tyre pressure specified in the notice.
(5) If in the opinion of the National Roads Board the existence of any road construction zone is no longer warranted, the Board may, by notice to the controlling authority, require that the zone be abolished, and the zone shall thereupon be deemed to be abolished, and the controlling authority shall forthwith remove all signs erected therein pursuant to Land Transport Rule: Traffic Control Devices 2004 (54002) and give notice of the abolition of the zone to the nearest office of the Agency.
Regulation 12 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 occurred.
Subclause (2)(a) was amended, as from 1 January 2004, by section 76 Chartered Professional Engineers of New Zealand Act 2002 (2002 No 17) by substituting the words “chartered professional engineer”
for the words “registered engineer”
.
Subclause (2)(b) was substituted by regulation 3(1) Heavy Motor Vehicle Regulations 1974, Amendment No 8 (SR 1992/182).
Regulation 12(2)(b): amended, on 1 August 2008, by section 50(2) of the Land Transport Management Amendment Act 2008 (2008 No 47).
Regulation 12(2)(d): amended, on 1 August 2008, by section 50(2) of the Land Transport Management Amendment Act 2008 (2008 No 47).
Subclause (2)(d) was amended by regulation 3(2)(a) Heavy Motor Vehicle Regulations 1974, Amendment No 8 (SR 1992/182) by substituting the words “nearest office of the Ministry of Transport”
for the words “said Regional Director”
.
Subclause (3) was revoked, as from 27 February 2005, by regulation 8(a) Heavy Motor Vehicle Amendment Regulations (No 3) 2004 (SR 2004/445).
Subclause (4) was amended, as from 1 July 2002, by regulation 5 Heavy Motor Vehicle Amendment Regulations 2002 (SR 2002/141) by substituting the words “Land Transport Rule: Vehicle Dimensions and Mass 2002, and regulation”
for the words “regulations 5, 6, and”
.
Subclause (4) was amended, as from 27 February 2005, by regulation 7(1) Heavy Motor Vehicle Amendment Regulations (No 3) 2004 (SR 2004/445) by substituting the words “Land Transport Rule: Traffic Control Devices 2004 (54002)”
for the words “subclause (3) of this regulation”
.
Regulation 12(5): amended, on 1 August 2008, by section 50(2) of the Land Transport Management Amendment Act 2008 (2008 No 47).
Subclause (5) was amended by regulation 3(2)(b) Heavy Motor Vehicle Regulations 1974, Amendment No 8 (SR 1992/182) by substituting the words “nearest office of the Ministry of Transport”
for the words “said Regional Director”
.
Subclause (5) was amended, as from 27 February 2005, by regulation 7(2) Heavy Motor Vehicle Amendment Regulations (No 3) 2004 (SR 2004/445) by substituting the words “Land Transport Rule: Traffic Control Devices 2004 (54002)”
for the words “subclause (3) of this regulation”
.
[Revoked]
Subclause (1)(b) was amended by section 35(3) Land Transport Act 1993 (1993 No 88) by substituting the word “Authority”
for the word “Secretary”
.
Subclause (2) was amended by regulation 4 Heavy Motor Vehicle Regulations 1974, Amendment No 8 (SR 1992/182) by inserting the words “constable or”
.
Regulation 13 was revoked, as from 1 July 2002, by regulation 6(1)(a) Heavy Motor Vehicle Amendment Regulations 2002 (SR 2002/141). See regulation 6(2) Heavy Motor Vehicle Amendment Regulations 2002 (SR 2002/141) for the savings provisions.
[Revoked]
Regulation 14 was revoked, as from 1 April 2005, by regulation 8(b) Heavy Motor Vehicle Amendment Regulations (No 3) 2004 (SR 2004/445).
In any prosecution for a breach of these regulations, the distance between any axles of a heavy motor vehicle may be taken to be the distance or the sum of distances shown on the certificate of loading for the vehicle.
[Revoked]
Subclauses (1) and (2) were amended, as from 20 August 1993, by section 35(3) Land Transport Act 1993 (1993 No 88) by substituting the words “Authority”
and “the Authority”
respectively for the words “Minister”
and “he”
.
Subclauses (3) to (6) were amended, as from 20 August 1993, by section 35(3) Land Transport Act 1993 (1993 No 88) by substituting the word “Authority”
for the word “Minister”
wherever it occurred.
Regulation 16 was revoked, as from 27 February 2005, by regulation 8(a) Heavy Motor Vehicle Amendment Regulations (No 3) 2004 (SR 2004/445).
(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:
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).
(1) A constable or traffic officer may at any time—
(a) Require the removal of any part of any load on any heavy motor vehicle to the extent necessary for any vehicle to comply with any weight restriction fixed under these regulations:
(b) Require the removal from any heavy motor vehicle of any article carried contrary to the provisions of these regulations, the Traffic Regulations 1956, the Passenger Service Vehicle Construction Regulations 1954, the Goods Service Vehicle (Constructional) Regulations 1936, or any regulations passed in amendment thereof or in substitution therefor.
(2) The driver of every heavy motor vehicle shall comply with the requirements of any constable or traffic officer under subclause (1) of this regulation.
(3) No person shall obstruct, hinder, or interfere with any constable or traffic officer in the exercise of his powers under these regulations.
Regulation 17 was amended by regulation 5 Heavy Motor Vehicle Regulations 1974, Amendment No 8 (SR 1992/182) by inserting in three places the words “constable or”
.
(1) Every person commits an offence against these regulations who—
(a) Fails to comply in any respect with any of the provisions of these regulations or does any act in contravention thereof, not being an overloading offence as defined in section 2 of the Land Transport Act 1998; or
(b) Knowingly supplies any false or misleading information in or concerning any application under these regulations or concerning any obligation under these regulations.
(2) A person who commits an offence against these regulations is liable on summary conviction to a fine not exceeding $500.
Subclause (1)(a) was amended, as from 3 May 1999, by regulation 3(1) Heavy Motor Vehicle Amendment Regulations 1999 (SR 1999/86) by substituting the words “overloading offence as defined in section 2 of the Land Transport Act 1998”
for the words “overloading infringement as defined in section 69B of the Transport Act 1962”
.
Subclause (2) was amended by regulation 3 Heavy Motor Vehicle Regulations 1974, Amendment No 7 (SR 1989/309) by substituting the expression “subsection (1)”
for the expression “subsection (4)”
.
Subclause (2) was substituted, as from 3 May 1999, by regulation 3(2) Heavy Motor Vehicle Amendment Regulations 1999 (SR 1999/86).
It is hereby declared that the fees fixed under these regulations are exclusive of any goods and services tax payable under the Goods and Services Tax Act 1985.
Regulation 18A was inserted by regulation 7 Heavy Motor Vehicle Regulations 1974, Amendment No 7 (SR 1987/206).
(1) The regulations specified in Schedule 5 to these regulations are hereby revoked.
(2) The Heavy Motor Vehicles Signs Notice 1966 is hereby revoked.
(3) [Revoked]
Subclause (3) was revoked by regulation 6(2) Motor Spirits Duty Refund Regulations 1978 (SR 1978/28).
Form A | Reg 3(6) |
Road Classification in ............. (Borough) (County) (Town District)
Road Classification of State Highway Number .............
NOTICE is hereby given that the............. (Borough) (County) (Town) Council proposes to apply to the Agency to approve the alteration in classification of the following roads:
NOTICE is hereby given that the National Roads Board proposes to require the Agency to alter the classification of the following roads:
Any person objecting to the proposal(s) is called upon to lodge notice in writing of this objection and of the grounds thereof before [Date] at the office of the Council (Board) the address of which is .............
New Road(s) to be classified in Class C—
[Give the names or other sufficient identification of the road]
Road(s) at present in Class I to be classified in Class C—
[Give the names or other sufficient identification of the road]
| [Name of authorised officer] | |
| [Designation of authorised officer] | |
| [Name of authority] |
Date issued .............
Schedule 1 Form A: amended, on 1 August 2008, by section 50(2) of the Land Transport Management Amendment Act 2008 (2008 No 47).
Schedule 1, Form A was amended by regulation 3(2)(a) and 3(2)(b) Heavy Motor Vehicle Regulations 1974, Amendment No 5 (SR 1988/325) by substituting the expression “Reg 3(6)”
for the expression “Reg 3(5)”
and by substituting the expression “Class C”
for the expression “Class II”
respectively and by section 35(3) Land Transport Act 1993 (1993 No 88) by substituting the word “Authority”
for the words “Secretary for Transport”
.
Form B |
[Revoked]
Schedule 1, Form B Footnotes were substituted by regulation 9(1) Heavy Motor Vehicle Regulations 1974, Amendment No 4 (SR 1987/206).
Forms B and C were revoked, as from 1 July 2002, by regulation 6(1)(b) Heavy Motor Vehicle Amendment Regulations 2002 (SR 2002/141). See regulation 6(2) Heavy Motor Vehicle Amendment Regulations 2002 (SR 2002/141) for the savings provisions.
Form C | Reg 7(3) |
[Revoked]
Forms B and C were revoked, as from 1 July 2002, by regulation 6(1)(b) Heavy Motor Vehicle Amendment Regulations 2002 (SR 2002/141). See regulation 6(2) Heavy Motor Vehicle Amendment Regulations 2002 (SR 2002/141) for the savings provisions.
NOTICE is hereby given that pursuant to regulation 11(3) of the Heavy Motor Vehicle Regulations 1974, the [Name of controlling authority] has fixed the following maximum weight (speed) (weight and speed) limits for heavy motor vehicles and combinations including a heavy motor vehicle on the bridge(s) described hereunder:
| Weight Limits | ||||
| Name of Road | Name of Bridge | Maximum Weight on any One Axle | Gross Weight (Maximum sum of axle weights) | Maximum Speed Limit |
| (Km/h) | ||||
[Attention is drawn to the applicable infringement fees set out in Schedule 2 of the Transport Act 1962, which apply to infringements of these limits.].
| [Name of authorised officer] | |
| [Designation of authorised officer] | |
| [Name of authority] | |
| Date issued: ............. |
Form D, last sentence was substituted, as from 1 August 1987, by regulation 9(2) Heavy Motor Vehicle Regulations 1974, Amendment No 4 (SR 1987/206).
Form D, last sentence was further substituted, as from 16 April 1998, by regulation 3 Heavy Motor Vehicle Amendment Regulations 1998 (SR 1998/44).
Schedule 2 |
[Revoked]
Schedule 2 was substituted by regulation 9(1) Heavy Motor Vehicle Regulations 1974, Amendment No 5 (SR 1988/325)
Table 1, clause 2(c) and clause 4 were amended by regulation 5(1)(a) and 5(1)(b) Heavy Motor Vehicle Regulations 1974, Amendment No 6 (SR 1989/179) by substituting the words “axle set”
for the word “axle”
and by substituting the word “axle”
for the word “tyred”
respectively.
Schedule 2 was revoked, as from 1 July 2002, by regulation 6(1)(c) Heavy Motor Vehicle Amendment Regulations 2002 (SR 2002/141). See regulation 6(2) Heavy Motor Vehicle Amendment Regulations 2002 (SR 2002/141) for the savings provisions.
Schedule 3 | Reg 6(2) |
[Revoked]
Schedule 3 was substituted by regulation 10 Heavy Motor Vehicle Regulations 1974, Amendment No 5 (SR 1988/325).
Schedule 3 was revoked, as from 1 July 2002, by regulation 6(1)(d) Heavy Motor Vehicle Amendment Regulations 2002 (SR 2002/141). See regulation 6(2) Heavy Motor Vehicle Amendment Regulations 2002 (SR 2002/141) for the savings provisions.
[Revoked]
Schedule 4, Diagram No 1 was substituted, as from 1 February 1989, by regulation 11 Heavy Motor Vehicle Regulations 1974, Amendment No 5 (SR 1988/325).
Schedule 4 was revoked, as from 27 February 2005, by regulation 8(c) Heavy Motor Vehicle Amendment Regulations (No 3) 2004 (SR 2004/445).
Schedule 4A |
Schedule 4A was inserted by regulation 10 Heavy Motor Vehicle Regulations 1974, Amendment No 4 (SR 1987/206).
| $ | |
|---|---|
| Application for each single, multiple trip, or linked permit where 3 or more working days available for processing................................................................... | 18.18 |
| Application for each single, multiple trip, or linked permit where less than 3 working days available for processing................................................................... | 27.27 |
| Application for each continuous permit where 3 or more working days available for processing................................................................... | 54.55 |
| Application for each continuous permit where less than 3 working days available for processing................................................................... | 63.64 |
| Application for renewal of each continuous permit where 3 or more working days available for processing................................................................... | 9.09 |
| Application for renewal of each continuous permit where less than 3 working days available for processing................................................................... | 18.18 |
NOTES:
1. A linked permit is a permit that applies to any vehicle only when used in conjunction with another vehicle for which a permit is also required.
2. A continuous permit is a permit relating to a vehicle that is used frequently and does not have a divisible load.
Schedule 5 | Reg 19(1) |
| Title | Serial Number |
|---|---|
| The Heavy Motor Vehicle Regulations 1969................................................................... | 1969/231 |
| The Heavy Motor Vehicle Regulations 1969, Amendment No 1................................................................... | 1970/258 |
| The Heavy Motor Vehicle Regulations 1969, Amendment No 2................................................................... | 1973/203 |
P G MILLEN,
Clerk of the Executive Council.
This note is not part of the regulations, but is intended to indicate their general effect.
These regulations consolidate and amend the Heavy Motor Vehicle Regulations 1969 and their amendments.
The main changes are—
(a) All Imperial weights and measures are expressed in metric terms:
(b) Longitudinal walking beam axles are accepted as a springing device:
(c) The Class III classification of roading has been abolished, and provision is made for all Class III roads to be reclassified as Class II:
(d) Local authorities may, subject to review by the National Roads Board, prohibit vehicles having more than a specified axle loading from using particular roads for periods of up to 6 months:
(e) The system of special weight-limit labels has been abolished and replaced by a system of special weight-limit permits.
Date of notification in Gazette: 29 August 1974.
1General
2About this eprint
3List of amendments incorporated in this eprint (most recent first)
This is an eprint of the Heavy Motor Vehicle Regulations 1974. It incorporates all the amendments to the Heavy Motor Vehicle Regulations 1974 as at 1 August 2008. 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 are also included, after the Principal enactment, in chronological order.
This eprint has not been officialised. For more information about officialisation, please see “Making online legislation official”
under “Status of legislation on this site”
in the About section of this website.
Land Transport Management Amendment Act 2008 (2008 No 47): section 50(2)