Traffic Amendment Regulations (No 2) 1998

1998/222

Traffic Amendment Regulations (No 2) 1998


Note

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, makes the following regulations.

1 Title and commencement
  • (1) These regulations may be cited as the Traffic Amendment Regulations (No 2) 1998, and are part of the Traffic Regulations 19761 (the principal regulations).

    (2) These regulations come into force on 1 September 1998.

2 Lighting and reflector requirements for all cycles
  • Regulation 43(2)(a) of the principal regulations is amended by omitting the expression 35 mm2, and substituting the expression 35 cm2.

3 Regulations substituted
  • The principal regulations are amended by revoking regulation 49, and substituting the following regulations:

    49 General approval for overdimension vehicles and loads
    • (1) The Director may approve the operation, contrary to regulations 48B to 48D, of specified vehicles, classes of vehicle, or vehicles carrying specified loads, by way of a General Approval published in the Gazette.

      (2) A General Approval must specify—

      • (a) The vehicles, or classes of vehicle, to which the approval applies; and

      • (b) Either—

        • (i) The conditions with which a person operating a vehicle contrary to regulations 48B to 48D must comply in order to come within the approval; or

        • (ii) The publication or other document in which those conditions are set out; and

      • (c) The date from which the approval takes effect, which must be a date after the date of the publication of the General Approval in the Gazette.

    49A Specific approval for overdimension vehicles and loads
    • (1) The Director may give specific written approval for the operation of a vehicle, or the operation of a vehicle carrying a load, contrary to regulations 48B to 48D.

      (2) A controlling authority may give specific written approval for the operation of a vehicle or vehicles contrary to regulations 48B to 48D that is or are carrying a load, loads, or series of loads, that cannot otherwise be conveniently transported.

      (3) The Director must not give approval for the operation on a particular road of a vehicle carrying a load contrary to regulations 48B to 48D if the controlling authority has notified the Director that it objects to such approval being given in respect of that road.

      (4) An approval given under this regulation may be given subject to—

      • (a) Conditions relating to the route the vehicle or vehicles must follow, and the times when the vehicle or vehicles may be operated; and

      • (b) Such other conditions as the Director or controlling authority consider necessary for the safety and convenience of users of the road and the prevention of damage to the road, including conditions relating to—

        • (i) The dimensions of the vehicle or vehicles and any load:

        • (ii) Speeds that the vehicle or vehicles must maintain or must not exceed:

        • (iii) The times of the day or weather conditions during which the vehicle or vehicles may or may not travel:

        • (iv) The provision of pilotage or warning devices:

        • (v) The giving of notice to the Director, the Commissioner of Police, or the controlling authority, of the intended use of the vehicle or vehicles on the road.

      (5) An application for approval under this regulation must be accompanied by the appropriate fee specified in Schedule 1A.

4 Issue of warrants of fitness, certificates of fitness, certificates of loading, and permits
  • [Revoked]

    Regulations 4 and 6 were revoked, as from 1 March 1999, by regulation 3(f) Traffic Amendment Regulations 1999 (SR 1999/029).

5 Issue of inspection certificate
  • Regulation 90K of the principal regulations is amended by revoking subclause (4), and substituting the following subclause:

    • (4) A duplicate inspection certificate (which has the same effect as the original inspection certificate) must be issued by the agency that issued the original to the person to whom the original was issued if—

      • (a) The applicant for the duplicate proves that the original inspection certificate has been lost or destroyed; and

      • (b) The duplicate will be issued during the currency of the original; and

      • (c) The appropriate fee set out in Schedule 1A accompanies the application.

6 Inspection agents to issue vehicle inspection certificates
  • [Revoked]

    Regulations 4 and 6 were revoked, as from 1 March 1999, by regulation 3(f) Traffic Amendment Regulations 1999 (SR 1999/029).

7 Amount of goods and services tax excluded
  • Regulation 137A of the principal regulations is revoked.

8 New Schedule 1A substituted
  • The principal regulations are amended by revoking Schedule 1A, and substituting the new Schedule 1A set out in the Schedule.


Schedule

Reg 8

Schedule 1A
Fees

Regs 49A, 84, 90G, 90K

Matter in Respect of Which Fee PayableFee (inclusive of goods and services tax)
  $
1.Fee payable under regulation 49A to Director for— 
 (a) Application for a specific approval22.50
 (b) The issue of a specific approval9.00
2.Fee payable under regulation 49A to road controlling authority for specific approval33.75
3.Fee payable to Director in respect of approval as approved testing authority under regulation 84— 
 (a) Application fee for approval as approved testing authority (which includes approval of one employee)74.50
 (b) Additional fee for each subsequent approval of an employee under regulation 84(5)(b) where— 
 (i) The application for approval is dealt with in conjunction with an application under regulation 84(2)39.00
 (ii) The application is dealt with at any other time74.50
4.Warrant of fitness monitoring fee payable under regulation 84(15A)0.90
5.Fee in respect of standards development and audit under regulation 84(18B)1.50
6.Fee for the issue of a duplicate under regulation 84(24) of— 
 (a) Warrant of fitness7.50
 (b) Certificate of loading issued under section 79B(1) of the Act16.00
7.Fee for issue of approval as authorised agency under regulation 90G— 
 (a) Application fee74.50
 (b) Annual fee for inspection of authorised agency under regulation 90G(8)74.50
 (c) Application fee for approval of agency under regulation 90G(9)110.00
8.Fee for the issue of a duplicate inspection certificate under regulation 90K(4)5.12

MARIE SHROFF,

Clerk of the Executive Council.

Explanatory note

This note is not part of the regulations, but is intended to indicate their general effect.

These regulations, which come into force on 1 September 1998, amend the Traffic Regulations 1976. They authorise the implementation of changes to the permit regime for over-dimension vehicles and loads, provide for the extension of the on-line computer-based recording of vehicle safety inspections, correct a drafting error, and amend provisions relating to prescribed fees.

Regulation 2 corrects a drafting error relating to the required size of reflectors on cycles.

Regulation 3 is about overdimension vehicles and loads. It revokes regulation 49, and substitutes 2 new regulations. New regulation 49 provides that the Director may, by Gazette notice, issue General Approvals in respect of certain types of overdimension vehicles and loads. A redrafted version of regulation 49, which provides for the grant of written approval for individual over-dimension vehicles and loads, is re-enacted as regulation 49A.

Regulation 4 amends regulation 84, which deals with the issue of warrants of fitness, certificates of fitness, certificates of loading, and permits. The changes are:

  • Approved testing authorities no longer have to pay an annual inspection fee, but must instead pay a warrant of fitness monitoring fee (prescribed in Schedule (1A) in respect of every warrant of fitness issued:

  • Approved testing authorities must transmit to the Director, by electronic means, the information contained in every warrant of fitness it issues. However, written transmission is possible until 6 July 1999:

  • An applicant for a certificate of loading is no longer required to pay a fee (because the fee is now built into the initial vehicle registration fees):

  • The authority for payment of a fee for the issue of a duplicate warrant and duplicate certificate of loading is made explicit.

Regulation 5 redrafts regulation 90K(4). It relocates the prescribed fee to Schedule 1A, rather than giving it in the regulation itself.

Regulation 6 amends regulation 90Z(4) by requiring that the information relating to vehicle inspection certificates that is required by the regulation to be transmitted to the Director must be transmitted electronically. However, written transmission is possible until 6 July 1999.

Regulation 7 revokes regulation 137A, which provides that all fees, unless otherwise expressed, are exclusive of goods and services tax.

Regulation 8 substitutes a new Schedule 1A. It contains all the fees prescribed by the Traffic Regulations 1976, and expresses them as inclusive of goods and services tax. The total fee for the issue of a specific approval by the Director for an overdimension vehicle or load is reduced, to $22.50 for the application and $9.00 for issue of the approval. the new fee payable by approved testing authorities on issue of a warrant of fitness is $0.90. The other fees are unchanged.


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

Date of notification in Gazette: 28 July 1998.


  • 1 SR 1976/227