Road User Charges Regulations 1978

  • revoked
  • Road User Charges Regulations 1978: revoked, on 1 August 2012, by section 95(2) of the Road User Charges Act 2012 (2012 No 1).

Reprint
as at 1 August 2012

Coat of Arms of New Zealand

Road User Charges Regulations 1978

(SR 1978/30)

Keith Holyoake, Governor-General

Order in Council

At the Government Buildings at Wellington this 20th day of February 1978

Present:
The Right Hon B E Talboys presiding in Council

  • Road User Charges Regulations 1978: revoked, on 1 August 2012, by section 95(2) of the Road User Charges Act 2012 (2012 No 1).


Note

Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this reprint.

A general outline of these changes is set out in the notes at the end of this reprint, together with other explanatory material about this reprint.

These regulations are administered by the Ministry of Transport.


Pursuant to the Road User Charges Act 1977, His Excellency the Governor-General, acting by and with the advice and consent of the Executive Council, hereby makes the following regulations.

Regulations

1 Title and commencement
  • (1) These regulations may be cited as the Road User Charges Regulations 1978.

    (2) These regulations shall come into force on 1 April 1978.

2 Interpretation
  • 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

    automotive surveyor means a person authorised by the Agency to perform any functions and exercise any powers of an automotive surveyor under these regulations

    electronic distance recorder means a distance recorder approved by the Secretary under regulation 6A, fitted to a motor vehicle, that—

    • (a) uses internal and external sensors to—

      • (i) accurately measure and record in kilometres the distance travelled by the motor vehicle; and

      • (ii) identify and record the location of the distance travelled by the motor vehicle; and

    • (b) uses 1 or more electronic display panels that show—

      • (i) the distance travelled by the motor vehicle; and

      • (ii) the distance licence for the motor vehicle; and

    • (c) electronically transfers to the server of an electronic service provider information relating to the distance travelled by the motor vehicle and the location of the distance travelled by the motor vehicle

    electronic service provider means a person authorised under section 10(3)(b) of the Act to issue a licence displayed electronically

    hubodometer means a hubodometer manufactured under the brand name Abbott, Accu-Trak type AT, Argo, Chicago Rawhide, Engler, Jost, Macro, Mechanex, Stemco, Trailmark, or Veeder-Root that records in kilometres and has on its face—

    • (a) a unique manufacturer's serial number that cannot be altered without dismantling the hubodometer; and

    • (b) the tyre size or number of revolutions per kilometre for which the device is calibrated; and

    • (c) a display showing the actual distance travelled

    local authority means a territorial authority within the meaning of the Local Government Act 1974, the Auckland Regional Authority, or the Christchurch Transport Board

    Secretary means the chief executive of the Ministry of Transport

    Other expressions defined in the Act have the meanings so defined.

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

    Regulation 2 automotive surveyor: substituted, on 20 August 1993, by section 35(3) of the Land Transport Act 1993 (1993 No 88).

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

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

    Regulation 2 electronic distance recorder: inserted, on 1 January 2010, by regulation 4 of the Road User Charges Amendment Regulations (No 2) 2009 (SR 2009/376).

    Regulation 2 electronic service provider: inserted, on 1 January 2010, by regulation 4 of the Road User Charges Amendment Regulations (No 2) 2009 (SR 2009/376).

    Regulation 2 hubodometer: substituted, on 1 April 1993, by regulation 2 of the Road User Charges Regulations 1978, Amendment No 8 (SR 1993/71).

    Regulation 2 hubodometer: amended, on 1 October 2009, by regulation 4 of the Road User Charges Amendment Regulations 2009 (SR 2009/237).

    Regulation 2 hubodometer: amended, on 1 May 2003, by regulation 3 of the Road User Charges Amendment Regulations 2003 (SR 2003/72).

    Regulation 2 hubodometer: amended, on 8 July 1996, by regulation 2(a) of the Road User Charges Regulations 1978, Amendment No 9 (SR 1996/137).

    Regulation 2 hubodometer: amended, on 8 July 1996, by regulation 2(b) of the Road User Charges Regulations 1978, Amendment No 9 (SR 1996/137).

    Regulation 2 local authority: inserted, on 30 June 1978, by regulation 2(b) of the Road User Charges Regulations 1978, Amendment No 1 (SR 1978/177).

    Regulation 2 Secretary: substituted, on 1 July 1992, by regulation 2 of the Road User Charges Regulations 1978, Amendment No 7 (SR 1992/183).

3 Vehicles exempted from Act
  • (1) The following motor vehicles are hereby exempted from Part 1 of the Act:

    • (a) all motor vehicles that are exempted vehicles (as defined in regulation 3(1) of the Land Transport Management (Apportionment and Refund of Excise Duty and Excise-Equivalent Duty) Regulations 2004):

    • (b) two-wheeled motor vehicles whose gross laden weight is 1 tonne or less:

    • (c) trailers designed and used exclusively as part of the armament of any of Her Majesty's Forces (other than trailers designed solely for the carriage of goods):

    • (d) light electric motor vehicles whose motive power is wholly or partly derived from an external source of electricity and whose gross laden weight is 3.5 tonnes or less.

    (2) The exemption in subclause (1)(d) relating to light electric motor vehicles expires with the close of 30 June 2013.

    Regulation 3: substituted, on 30 June 1978, by regulation 3 of the Road User Charges Regulations 1978, Amendment No 1 (1978 No 177).

    Regulation 3(1)(a): substituted, on 1 August 2008, by section 50(2) of the Land Transport Management Amendment Act 2008 (2008 No 47).

    Regulation 3(1)(d): added, on 1 October 2009, by regulation 5(1) of the Road User Charges Amendment Regulations 2009 (SR 2009/237).

    Regulation 3(2): added, on 1 October 2009, by regulation 5(2) of the Road User Charges Amendment Regulations 2009 (SR 2009/237).

4 Applications for licences
  • (1) Every first application for a licence for a motor vehicle, made under section 8 of the Act by the owner or the owner's agent, shall contain the following information:

    • (a) the full name and address of the applicant, including—

      • (i) in the case of a natural person, the person's date of birth, street and postal address, and contact telephone number:

      • (ii) in the case of a body corporate, the registered number of the body corporate, the full name of the person who has the day to day responsibility for its operation, its street and postal address, and its contact telephone number:

    • (b) the number or distinguishing mark shown on the registration plate or plates of the motor vehicle:

    • (c) the vehicle type number of the motor vehicle specified in Schedule 1 or Schedule 2 of the Act, whichever number most accurately represents the vehicle type:

    • (d) the maximum gross weight to be specified on the licence:

    • (e) in the case of a time licence, the period during which the licence is to be in force, being either a quarter or a year:

    • (f) in the case of vehicles required to operate under a transport service licence, the type and number of the licence:

    • (g) the predominant use of the vehicle:

    • (h) if the vehicle is fitted with a hubodometer,—

      • (i) the make and serial number of the hubodometer; and

      • (ii) the serial number of each official seal fitted to the hubodometer (if any):

    • (i) if the vehicle is fitted with an electronic distance recorder, the make and serial number of the electronic distance recorder:

    • (j) whether the vehicle's distance recorder records in miles or kilometres:

    • (k) in the case of an application for a distance licence,—

      • (i) in the case of an application for the first licence for a vehicle, the minimum distance being the reading on the recorder when it was first fitted to the vehicle and the maximum distance to be specified on the licence:

      • (ii) in any other case, the minimum and maximum readings to be specified on the licence.

    (2) In the case of an application for a distance licence, the distance to which the licence is to relate (being the difference between the minimum and maximum reading specified on the licence) shall be an integral multiple of 1 000 kilometres (where the distance recorder fitted records in kilometres) or 621 miles (where the distance recorder fitted records in miles).

    (3) Every first application for a licence by an applicant, where that applicant wishes to make payment for that and subsequent licences by means of an automatic transfer of funds to a Crown Bank Account, shall be accompanied by a completed bank authority on a form provided by the chief executive or a bank.

    (4) Where an owner is adding a vehicle to an existing fleet of vehicles, it shall be sufficient compliance with subclause (1) if the application contains the following information:

    • (a) the owner's road user charges account number:

    • (b) the number or distinguishing mark shown on the registration plate or plates of the motor vehicle:

    • (c) in the case of an application for a distance licence, the minimum and maximum reading to be specified on the licence:

    • (d) in the case of an application for a time licence, the period during which the licence is to be in force, being a year or a quarter:

    • (e) in the case of an application for a distance licence, the distance to which the licence is to relate, as specified in subclause (2):

    • (f) the maximum gross weight to be specified on the licence:

    • (g) any information specified in subclause (1) that has changed since any previous application for a licence for any motor vehicle owned by the applicant.

    (5) In the case of an application in respect of the first purchase of a licence for a vehicle added to the applicant's fleet or in respect of a replacement hubodometer or electronic distance recorder, the application shall, in addition to the information required by subclause (4), contain the following information:

    • (a) the vehicle type number:

    • (b) the predominant use of the vehicle:

    • (c) if the vehicle is fitted with a hubodometer,—

      • (i) the make and serial number of the hubodometer; and

      • (ii) the serial number of each official seal fitted to the hubodometer (if any):

    • (d) if the vehicle is fitted with an electronic distance recorder, the make and serial number of the electronic distance recorder:

    • (e) whether the vehicle's distance recorder records in miles or kilometres.

    (6) In the case of an application where the holder has previously held a distance licence in respect of the vehicle, the application shall contain the maximum reading specified on the last distance licence held in respect of that vehicle.

    (7) Every person and every body corporate shall be entitled to hold a licence for a motor vehicle, except the following:

    • (a) an undischarged bankrupt, where the application relates to a vehicle used in trade or business:

    • (b) a body corporate in receivership, where the application is made by or on behalf of a person other than the receiver.

    Regulation 4: substituted, on 1 April 1993, by regulation 4 of the Road User Charges Regulations 1978, Amendment No 8 (SR 1993/71).

    Regulation 4(1)(h): substituted, on 1 January 2010, by regulation 5(1) of the Road User Charges Amendment Regulations (No 2) 2009 (SR 2009/376).

    Regulation 4(1)(i): substituted, on 1 January 2010, by regulation 5(1) of the Road User Charges Amendment Regulations (No 2) 2009 (SR 2009/376).

    Regulation 4(3): amended, on 25 January 2005, pursuant to section 65R(3) of the Public Finance Act 1989 (1989 No 44).

    Regulation 4(5): amended, on 1 January 2010, by regulation 5(2) of the Road User Charges Amendment Regulations (No 2) 2009 (SR 2009/376).

    Regulation 4(5)(c): substituted, on 1 January 2010, by regulation 5(3) of the Road User Charges Amendment Regulations (No 2) 2009 (SR 2009/376).

    Regulation 4(5)(d): substituted, on 1 January 2010, by regulation 5(3) of the Road User Charges Amendment Regulations (No 2) 2009 (SR 2009/376).

5 Form and colour of licences
  • (1) A licence may be in printed format or displayed electronically and in each case the following requirements apply:

    • (a) for a printed licence, the licence must be printed on a label supplied or approved by the Secretary:

    • (b) for a licence displayed electronically, the licence must be displayed on an electronic display panel that operates in conjunction with an electronic distance recorder.

    (2) A distance licence and supplementary licence must be in one of the following forms set out in the Schedule:

    • (a) form 1, in the case of a licence in printed format:

    • (b) form 1A, in the case of a licence displayed electronically.

    (3) A time licence must be in form 2 set out in the Schedule.

    (4) The Registrar must determine the colour or colours of licences and different colours may be used for—

    • (a) different kinds of licences:

    • (b) licences issued during or for different periods.

    Regulation 5: substituted, on 1 January 2010, by regulation 6 of the Road User Charges Amendment Regulations (No 2) 2009 (SR 2009/376).

6 Hubodometers
  • (1) Every motor vehicle to which section 5 of the Act applies and whose gross laden weight is more than 3.5 tonnes shall be fitted with a hubodometer at all times.

    (2) Every motor vehicle to which section 5 of the Act applies and whose gross laden weight is 3.5 tonnes or less shall at all times be fitted with another kind of distance recorder that records accurately the distance travelled.

    (3) Except as provided in subclause (4), every hubodometer (other than an electronic hubodometer) fitted to a motor vehicle for the purposes of this regulation shall be affixed by a rigid bracket to a non-lifting axle or wheel on the left-hand side (or the right-hand side, in any case where the Secretary has given written notice to the effect that he or she considers that it is impracticable to affix a hubodometer to the left-hand side) of the motor vehicle in such a manner that—

    • (a) it accurately records the distance travelled by the vehicle; and

    • (b) its face, unique serial number, and the distance travelled are readable from outside the vehicle; and

    • (c) its axis of rotation is central and parallel to the axis of rotation of the axle or wheel to which it is affixed; and

    • (d) it is not readily detachable from the axle or wheel to which it is affixed without the use of any tool.

    Where an adjustable bracket is used to affix a hubodometer to an axle or wheel, the bracket shall be welded, riveted, or otherwise modified to ensure that, once so affixed, the hubodometer's position cannot be altered.

    (4) Where the Secretary considers that it is impracticable to fit a hubodometer to a non-lifting axle or wheel, the Secretary may approve the fitting of the hubodometer to a lifting axle or wheel; and, in that case, the hubodometer shall be fitted in the manner specified by the Secretary and shall comply in all other respects with subclause (3).

    (5) Every electronic hubodometer fitted to a motor vehicle for the purposes of this regulation shall be affixed to the motor vehicle in such a manner that—

    • (a) it accurately records the distance travelled by a vehicle; and

    • (b) its wheel revolution detector is affixed by a rigid bracket in such a manner that it accurately records the revolutions of a non-lifting wheel of the vehicle; and

    • (c) the face of the distance recording unit thereof, its unique serial number, and the distance travelled are readable from outside the left-hand side of the vehicle; and

    • (d) all cables and fittings of the hubodometer are easily visible without dismantling any part of the vehicle; and

    • (e) it cannot be switched off or temporarily disconnected from within the vehicle; and

    • (f) where its functioning is dependent upon internal re-chargeable batteries, it is connected to a power supply that continuously re-charges the batteries whenever the vehicle is moving.

    Where an adjustable bracket is used to affix a wheel revolution detector to a vehicle, the bracket shall be welded, riveted, or otherwise modified to ensure that, once so affixed, the detector's position cannot be altered.

    (6) Despite subclause (1), a motor vehicle need not be fitted with a hubodometer if—

    • (a) the Secretary has given written notice to the effect that he or she considers that because of the construction of the motor vehicle it is impracticable to affix a hubodometer to the vehicle in accordance with subclause (3), (4), or (5) and the motor vehicle is fitted with another kind of distance recorder that has been sealed to the satisfaction of an automotive surveyor and records accurately the distance travelled; or

    • (b) the motor vehicle is fitted with an electronic distance recorder.

    Regulation 6: substituted, on 1 April 1993, by regulation 5(1) of the Road User Charges Regulations 1978, Amendment No 8 (SR 1993/71).

    Regulation 6(6): substituted, on 1 January 2010, by regulation 7 of the Road User Charges Amendment Regulations (No 2) 2009 (SR 2009/376).

6A Secretary may approve electronic distance recorder as alternative to hubodometer
  • (1) The Secretary may, on application in writing by an electronic service provider, approve an electronic distance recorder for use as an alternative to a hubodometer, if the Secretary is satisfied that the electronic distance recorder is fit for the purpose.

    (2) An approval under subclause (1)—

    • (a) must be notified in the Gazette; and

    • (b) may be on the terms and conditions that the Secretary considers fit; and

    • (c) may be varied or revoked by the Secretary by notice in writing to the electronic service provider to whom the approval was granted.

    Regulation 6A: substituted, on 1 January 2010, by regulation 8 of the Road User Charges Amendment Regulations (No 2) 2009 (SR 2009/376).

7 Endorsement of supplementary licences with overweight permit details
  • (1) [Revoked]

    (2) No controlling authority shall endorse a supplementary licence with details of a permit to exceed weight limits for the purposes of section 7 of the Act unless the permit applies only for a single journey to be undertaken during a period specified in the permit.

    Regulation 7(1): revoked, on 1 April 1993, by regulation 6 of the Road User Charges Regulations 1978, Amendment No 8 (SR 1993/71).

7A Fees
  • (1) A fee of $9.50 shall be payable in respect of a first application for the issue of a road user charges card.

    (2) An annual fee of $9.50 shall be payable by the user of a road user charges card.

    (3) [Revoked]

    (3A) The following fees shall be payable in respect of any application for the issue of a road user charges licence:

    • (a) a fee of $5.06, if paid by road user charges card:

    • (b) a fee of $3.38, if paid by an automatic transfer of funds to a Crown Bank Account pursuant to a bank authority supplied under regulation 4(3):

    • (ba) a fee of $3.38, if paid through an electronic service provider:

    • (c) a fee of $9.56, if paid by any other means:

    • (d) in addition to any fee specified in paragraphs (a) to (c), a fee of $3.60 if the application is made by telephone or facsimile.

    (4) The fees prescribed by this regulation are inclusive of goods and services tax under the Goods and Services Tax Act 1985.

    Regulation 7A: inserted, on 1 April 1993, by regulation 7 of the Road User Charges Regulations 1978, Amendment No 8 (SR 1993/71).

    Regulation 7A(3): revoked, on 8 July 1996, by regulation 3 of the Road User Charges Regulations 1978, Amendment No 9 (SR 1996/137).

    Regulation 7A(3A): inserted, on 8 July 1996, by regulation 3 of the Road User Charges Regulations 1978, Amendment No 9 (SR 1996/137).

    Regulation 7A(3A)(b): amended, on 25 January 2005, by section 65R(3) of the Public Finance Act 1989 (1989 No 44).

    Regulation 7A(3A)(ba): inserted, on 1 January 2010, by regulation 9 of the Road User Charges Amendment Regulations (No 2) 2009 (SR 2009/376).

7B Cash payments to be rounded to nearest 10 cents
  • Where fees and road user charges payable in respect of an application for a licence are paid in cash, the amount of the payment shall if necessary be rounded to the nearest 10 cents.

    Regulation 7B: inserted, on 8 July 1996, by regulation 4 of the Road User Charges Regulations 1978, Amendment No 9 (SR 1996/137).

    Regulation 7B heading: amended, on 1 January 2010, by regulation 10(1) of the Road User Charges Amendment Regulations (No 2) 2009 (SR 2009/376).

    Regulation 7B: amended, on 1 January 2010, by regulation 10(2) of the Road User Charges Amendment Regulations (No 2) 2009 (SR 2009/376).

8 Fees
  • [Revoked]

    Regulation 8: revoked, on 1 February 1985 (in respect of any application under section 8 of the Road User Charges Act 1977 for a time licence on 1 April 1985), by regulation 2 of the Road User Charges Regulations 1978, Amendment No 4 (SR 1985/11).


Schedule
Form of licences

r 5

  • Schedule: substituted, on 1 April 1993, by regulation 8 of the Road User Charges Regulations 1978, Amendment No 8 (SR 1993/71).

Form 1
Form of distance licence for licence in printed format

.
  • Schedule form 1: substituted, on 1 January 2010, by regulation 11(1) of the Road User Charges Amendment Regulations (No 2) 2009 (SR 2009/376).

Form 1A
Form of distance licence for licence displayed electronically

.
  • Schedule form 1A: inserted, on 1 January 2010, by regulation 11(2) of the Road User Charges Amendment Regulations (No 2) 2009 (SR 2009/376).

Form No 2

.

P G Millen,
Clerk of the Executive Council.


Issued under the authority of the Acts and Regulations Publication Act 1989.

Date of notification in Gazette: 23 February 1978.


Contents

  • 1General

  • 2Status of reprints

  • 3How reprints are prepared

  • 4Changes made under section 17C of the Acts and Regulations Publication Act 1989

  • 5List of amendments incorporated in this reprint (most recent first)


Notes
1 General
  • This is a reprint of the Road User Charges Regulations 1978. The reprint incorporates all the amendments to the regulations as at 1 August 2012, as specified in the list of amendments at the end of these notes.

    Relevant provisions of any amending enactments that contain transitional, savings, or application provisions that cannot be compiled in the reprint are also included, after the principal enactment, in chronological order. For more information, see http://www.pco.parliament.govt.nz/reprints/ .

2 Status of reprints
  • Under section 16D of the Acts and Regulations Publication Act 1989, reprints are presumed to correctly state, as at the date of the reprint, the law enacted by the principal enactment and by the amendments to that enactment. This presumption applies even though editorial changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in the reprint.

    This presumption may be rebutted by producing the official volumes of statutes or statutory regulations in which the principal enactment and its amendments are contained.

3 How reprints are prepared
  • A number of editorial conventions are followed in the preparation of reprints. For example, the enacting words are not included in Acts, and provisions that are repealed or revoked are omitted. For a detailed list of the editorial conventions, see http://www.pco.parliament.govt.nz/editorial-conventions/ or Part 8 of the Tables of New Zealand Acts and Ordinances and Statutory Regulations and Deemed Regulations in Force.

4 Changes made under section 17C of the Acts and Regulations Publication Act 1989
  • Section 17C of the Acts and Regulations Publication Act 1989 authorises the making of editorial changes in a reprint as set out in sections 17D and 17E of that Act so that, to the extent permitted, the format and style of the reprinted enactment is consistent with current legislative drafting practice. Changes that would alter the effect of the legislation are not permitted.

    A new format of legislation was introduced on 1 January 2000. Changes to legislative drafting style have also been made since 1997, and are ongoing. To the extent permitted by section 17C of the Acts and Regulations Publication Act 1989, all legislation reprinted after 1 January 2000 is in the new format for legislation and reflects current drafting practice at the time of the reprint.

    In outline, the editorial changes made in reprints under the authority of section 17C of the Acts and Regulations Publication Act 1989 are set out below, and they have been applied, where relevant, in the preparation of this reprint:

    • omission of unnecessary referential words (such as of this section and of this Act)

    • typeface and type size (Times Roman, generally in 11.5 point)

    • layout of provisions, including:

      • indentation

      • position of section headings (eg, the number and heading now appear above the section)

    • format of definitions (eg, the defined term now appears in bold type, without quotation marks)

    • format of dates (eg, a date formerly expressed as the 1st day of January 1999 is now expressed as 1 January 1999)

    • position of the date of assent (it now appears on the front page of each Act)

    • punctuation (eg, colons are not used after definitions)

    • Parts numbered with roman numerals are replaced with arabic numerals, and all cross-references are changed accordingly

    • case and appearance of letters and words, including:

      • format of headings (eg, headings where each word formerly appeared with an initial capital letter followed by small capital letters are amended so that the heading appears in bold, with only the first word (and any proper nouns) appearing with an initial capital letter)

      • small capital letters in section and subsection references are now capital letters

    • schedules are renumbered (eg, Schedule 1 replaces First Schedule), and all cross-references are changed accordingly

    • running heads (the information that appears at the top of each page)

    • format of two-column schedules of consequential amendments, and schedules of repeals (eg, they are rearranged into alphabetical order, rather than chronological).

5 List of amendments incorporated in this reprint (most recent first)