Transport Services Licensing Regulations 1989

Reprint
as at 1 May 2011

Coat of Arms of New Zealand

Transport Services Licensing Regulations 1989

(SR 1989/313)

Paul Reeves, Governor-General

Order in Council

At Wellington this 30th day of October 1989

Present:
His Excellency the Governor-General in Council


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 section 66 of the Transport Services Licensing Act 1989, 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 Transport Services Licensing Regulations 1989.

    (2) These regulations shall come into force on 1 November 1989.

2 Interpretation
  • In these regulations—

    registered trader means a motor vehicle trader registered under the Motor Vehicle Sales Act 2003

    Small Passenger Service Rules means the rules set out in Part 1 of Schedule 3 of the Act

    Vehicle Recovery Service Rules means the rules set out in Part 2 of Schedule 3 of the Act.

    Terms defined in the Act have the meanings so defined.

    Regulation 2 registered trader: inserted, on 15 December 2003, by section 145 of the Motor Vehicle Sales Act 2003 (2003 No 12).

2A Area knowledge tests
  • [Revoked]

    Regulation 2A: revoked, on 1 October 2007, by regulation 6 of the Transport Services Licensing Amendment Regulations 2007 (SR 2007/233).

3 Matters to be entered in complaints registers
  • [Revoked]

    Regulation 3: revoked, on 1 October 2007, by regulation 6 of the Transport Services Licensing Amendment Regulations 2007 (SR 2007/233).

4 Replacement of licences and other documents
  • [Revoked]

    Regulation 4: revoked, on 1 October 2007, by regulation 6 of the Transport Services Licensing Amendment Regulations 2007 (SR 2007/233).

5 Surrender of licence
  • [Revoked]

    Regulation 5: revoked, on 1 October 2007, by regulation 6 of the Transport Services Licensing Amendment Regulations 2007 (SR 2007/233).

6 Fees
  • (1) There shall be paid to the Agency in respect of the matters specified in the second column of Schedule 1 the appropriate fees specified in the third column of that schedule. Any such fees shall be payable by the appropriate persons specified in the fourth column of that schedule.

    (2) The fees payable in respect of any application for a driver identification card shall be the appropriate fee specified in regulation 8 of the Land Transport (Driver Licensing and Driver Testing Fees) Regulations 1999.

    (3) The Agency may remit or refund the whole or part of any fee payable under this regulation (including a fee referred to in subclause (2)) on any of the following grounds:

    • (a) that the application or matter in respect of which the fee has been paid has been withdrawn or nullified:

    • (b) that the application or other matter is of a minor nature and that the work and expense of the Authority is reduced to an extent that justifies the remission or refund:

    • (c) in respect of a vetting fee, that the applicant has undergone vetting within the previous 12 months in relation to any other application or matter under the Act:

    • (d) that in all the circumstances of the case it would be inappropriate to require the fee, or the full fee, to be paid.

    Regulation 6(1): amended, on 1 August 2008, by section 50(2) of the Land Transport Management Amendment Act 2008 (2008 No 47).

    Regulation 6(1): amended, on 1 October 2007, by regulation 4(1) of the Transport Services Licensing Amendment Regulations 2007 (SR 2007/233).

    Regulation 6(2): amended, on 1 October 2007, by regulation 4(2) of the Transport Services Licensing Amendment Regulations 2007 (SR 2007/233).

    Regulation 6(3): amended, on 1 August 2008, by section 50(2) of the Land Transport Management Amendment Act 2008 (2008 No 47).

    Regulation 6(3)(b): amended, on 20 August 1993, by section 35(3) of the Land Transport Act 1993 (1993 No 88).

7 Annual licence fee
  • (1) Subject to the provisions of this regulation, on and after 1 November 1989 there shall be payable to the Agency in respect of each transport service licence an annual licence fee at the rate of $55 for each motor vehicle and each trailer, other than a light trailer, operated under the licence.

    (2) Any such fee shall be paid to the Registrar of Motor Vehicles when application is made for an annual licence for the vehicle under Part 17 of the Land Transport Act 1998.

    (3) The Agency may remit or refund the whole or part of any fee payable under this regulation to the extent that the Agency is satisfied that any vehicle has not been operated under the transport service licence for a full 12 months.

    (4) For the purposes of this regulation,—

    light trailer has the same meaning as in clause 2(1) of the Land Transport (Driver Licensing) Rule 1999

    trailer has the same meaning as in clause 2(1) of the Land Transport (Driver Licensing) Rule 1999.

    Regulation 7(1): amended, on 1 August 2008, by section 50(2) of the Land Transport Management Amendment Act 2008 (2008 No 47).

    Regulation 7(1): amended, on 1 October 2007, by regulation 5(1) of the Transport Services Licensing Amendment Regulations 2007 (SR 2007/233).

    Regulation 7(1): amended, on 1 October 2007, by regulation 5(2) of the Transport Services Licensing Amendment Regulations 2007 (SR 2007/233).

    Regulation 7(2): amended, on 1 May 2011, by section 35(5) of the Land Transport Amendment Act 2009 (2009 No 17).

    Regulation 7(3): amended, on 1 August 2008, by section 50(2) of the Land Transport Management Amendment Act 2008 (2008 No 47).

    Regulation 7(4): added, on 1 October 2007, by regulation 5(3) of the Transport Services Licensing Amendment Regulations 2007 (SR 2007/233).

7A Annual licence monitoring fees
  • [Revoked]

    Regulation 7A: revoked, on 22 May 2008, by regulation 5 of the Transport Services Licensing Amendment Regulations 2008 (SR 2008/109).

7B Fees inclusive of goods and services tax
  • The fees prescribed by these regulations are inclusive of goods and services tax.

    Regulation 7B: inserted, on 15 January 1998, by regulation 2 of the Transport Services Licensing Amendment Regulations (No 2) 1997 (SR 1997/365).

8 Rail services
  • [Revoked]

    Regulation 8: revoked, on 22 May 2008, by regulation 5 of the Transport Services Licensing Amendment Regulations 2008 (SR 2008/109).

9 Exempt services
  • For the purposes of clause 5 of Part 1 of Schedule 1 of the Act, the following services are exempt services:

    • (a) private ambulance services provided by organisations primarily for their employees, being ambulance services that are available to the general public in an emergency only when public ambulance services cannot provide a service:

    • (b) [Revoked]

    • (c) the use of vehicles principally designed as places of abode that are also able to carry horses and other livestock and are used in a private or sporting capacity:

    • (d) the delivery of newspapers, telephone directories, or other printed material in private motorcars, or in other vehicles for not more than a total of 7 days in any 12-month period:

    • (e) the use of trucks by registered traders to carry goods for demonstration and sale purposes:

    • (f) the use of vintage vehicles to carry goods for display purposes:

    • (g) the use of trailers towed by small passenger service vehicles to carry passengers' luggage:

    • (h) the towing of disabled vehicles using a rope tow or a flat tow by—

      • (i) any person employed by the New Zealand Automobile Association Incorporated or any constituent member association thereof; or

      • (ii) the owner of a garage or workshop at which repairs to such vehicles will be undertaken or any employee of the owner:

    • (i) the removal of vehicles by New Zealand Defence Force tow trucks at the request of an officer of the Ministry of Transport or a constable or a traffic officer who is a Police employee who is not a constable:

    • (j) routine towing services by New Zealand Defence Force tow trucks in areas where there is no commercial tow operator nearby:

    • (k) the hiring of light trailers:

    • (l) [Revoked]

    • (m) fast food outlet delivery services using any private motorcar or private motorcycle.

    Regulation 9: added, on 1 July 1993, by regulation 3 of the Transport Services Licensing Regulations 1989, Amendment No 1 (SR 1993/151).

    Regulation 9(b): revoked, on 1 October 2007, by regulation 6 of the Transport Services Licensing Amendment Regulations 2007 (SR 2007/233).

    Regulation 9(e): amended, on 15 December 2003, pursuant to section 145 of the Motor Vehicle Sales Act 2003 (2003 No 12).

    Regulation 9(i): amended, on 1 October 2008, pursuant to section 116(d) of the Policing Act 2008 (2008 No 72).

    Regulation 9(l): revoked, on 22 May 2008, by regulation 5 of the Transport Services Licensing Amendment Regulations 2008 (SR 2008/109).

    Regulation 9(m): added, on 27 April 1995, by regulation 2 of the Transport Services Licensing Regulations 1989, Amendment No 2 (SR 1995/67).


Schedule 1
Fees

r 6

  • Schedule 1: substituted, on 1 October 2007, by regulation 7 of the Transport Services Licensing Amendment Regulations 2007 (SR 2007/233).

Provision Matter in respect of which fee payableFee
($)
Person by whom fee payable
Land Transport Act 1998, s 30KFor every application for a transport service licence (other than a rail service licence)— Applicant
 (a)processing fee449.80 
 (b)vetting fee payable for each person specified in application as person to have control of service28.20 
Land Transport Act 1998, s 30P(2) For every application to be an approved taxi organisation— Applicant
 (a) processing fee3,678.15 
 (b) vetting fee payable for each person specified in application as a responsible officer or person to have control of the organisation28.20 
Land Transport Act 1998, s 167(1)(j)For every notified change in persons having control of a transport service, or responsible officers of an approved taxi organisation— Licence holder or taxi organisation
 (a) processing feeNo fee 
 (b)vetting fee payable for each new person notified28.20 
Land Transport Act 1998, s 167(1)(j)For every non-standard approval required under a rule, where a fixed fee is not appropriate due to the size or variability of the matter in respect of which approval is sought115.73 per hourApplicant
  • Schedule 1: amended, on 1 October 2010, by regulation 4 of the Transport Services Licensing Amendment Regulations 2010 (SR 2010/283).

  • Schedule 1: amended, on 22 May 2008, by regulation 4 of the Transport Services Licensing Amendment Regulations 2008 (SR 2008/109).

Schedule 2
Annual licence monitoring fees for rail service licences

r 7A

[Revoked]

  • Schedule 2: revoked, on 22 May 2008, by regulation 5 of the Transport Services Licensing Amendment Regulations 2008 (SR 2008/109).

Marie Shroff,
Clerk of the Executive Council.


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

Date of notification in Gazette: 31 October 1989.


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 Transport Services Licensing Regulations 1989. The reprint incorporates all the amendments to the regulations as at 1 May 2011, 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)