New Zealand Legislation: Regulations
Regulations are laws made under Acts
(1) In this rule, unless the context otherwise requires,—
the Act means the Land Transport Act 1998
Agency means the New Zealand Transport Agency established under section 93 of the Land Transport Management Act 2003.
All-terrain vehicle means a special-purpose vehicle (with or without motorcycle controls and equipment) that—
(a) Is principally designed for off-road use; and
(b) Has 3 or more wheels; and
(c) Has an engine capacity exceeding 50 ml; and
(d) Has a gross weight of less than 1000 kg:
ambulance means a motor vehicle designed and used principally for the carriage of sick or injured persons
ambulance: this definition was inserted, as from 1 June 2006, by clause 3(1) Land Transport (Driver Licensing) Amendment Rule 2006 (SR 2006/84).
Approved course means a course approved under clause 96
Articulated bus means a bus consisting of 2 or more rigid sections that—
(a) Articulate relative to each other; and
(b) Have interconnecting passenger compartments that allow passengers to move freely between them; and
(c) Are not easily detachable from each other without specialist equipment:
Authority means the Agency established by section 66 of the Land Transport Management Act 2003
Class, in relation to a driver licence, means a class of licence specified in Schedule 3
Combination vehicle means any motor vehicle (other than a special-type vehicle) with a trailer attached or that has any pivot points to allow any part of the chassis of the vehicle to move or rotate in relation to any other part of the chassis of the vehicle
Combination vehicle: this definition was amended, as from 4 October 1999, by clause 2(1) Land Transport (Driver Licensing) Amendment Rule 1999 (SR 1999/302) by inserting the words “(other than a special-type vehicle)”
.
Correcting lenses includes glasses, contact lenses, and other aids to vision worn by a person
Course provider means an individual or an organisation approved under this rule to provide a course that has been approved under this rule
Dangerous goods means goods declared to be dangerous goods in Land Transport Rule: Dangerous Goods 1999
Dependant means—
(a) A child who ordinarily resides with a licence holder or a licence holder's spouse or partner and—
(i) Whose care is primarily the responsibility of the licence holder or the licence holder's spouse or partner; and
(ii) Who is being maintained as a member of the licence holder's family; and
(iii) Who is financially dependent on the licence holder or the licence holder's spouse or partner; and
(iv) Who is not a person in respect of whom payments are being made under section 363 of the Children, Young Persons, and their Families Act 1989; or
(b) A relative of the licence holder (other than a child to whom paragraph (a) applies or the spouse or partner of the licence holder) by blood, marriage, civil union, or adoption who ordinarily resides with the licence holder, and who receives a social security benefit under the Social Security Act 1964; or
(c) Any other person not covered by paragraphs (a) or (b) for whom the licence holder is the primary care-giver:
Dependant: paragraphs (a) and (b) of this definition were amended, as from 26 April 2005, by section 12 Relationships (Statutory References) Act 2005 (2005 No 3) by inserting the words “or partner”
after the word “spouse”
in each place where it appears.
Dependant: paragraph (b) of this definition was amended, as from 26 April 2005, by section 12 Relationships (Statutory References) Act 2005 (2005 No 3) by inserting the words “civil union,”
after the word “marriage,”
.
Driver identification card means a card issued under the regulations or the rules made under the Act
Endorsement means an endorsement specified in Schedule 4
Forklift means a motor vehicle (not being fitted with self-laying tracks) designed principally to lift, carry, or stack goods by means of 1 or more tines, platens, clamps, or other similar attachments
Full licence means a driver licence of any class that is not subject to the conditions of a learner licence or a restricted licence
Gross combined weight means the aggregate of the gross laden weights of the vehicles that make up a combination vehicle
Gross laden weight, in relation to a motor vehicle, means—
(a) The greatest of the following weights:
(i) A weight specified (subsequent to the latest modification specified, if any) as the gross laden weight of the vehicle by the manufacturer of the vehicle:
(ii) A weight specified as the gross laden weight of the vehicle, or of a vehicle of that kind, by or under regulations or rules made under the Act:
(iii) The weight of the vehicle, together with the load that the vehicle is for the time being carrying, including equipment and accessories:
(b) If evidence is adduced in respect of any but not all of the 3 weights referred to in paragraph (a), the greater of the weights, or (as the case may be) the only weight, in respect of which evidence is adduced:
(c) If evidence is not adduced in respect of any of the weights referred to in paragraph (a), the total of the unladen weight of the vehicle and the weight of the maximum load that the vehicle may safely carry:
Highest class, in relation to a driver licence, means the licence class with the highest number, other than Class 6, as set out in Schedule 3
Highest class: this definition was amended, as from 1 June 2006, by clause 3(2) Land Transport (Driver Licensing) Amendment Rule 2006 (SR 2006/84) by inserting the words “, other than Class 6,”
after the word “number”
.
L, when following a licence class number, is an abbreviation for a learner licence
Large passenger service vehicle means any passenger service vehicle other than a small passenger service vehicle
Learner licence means a learner driver licence issued under Part 4
Licensing agent means the Agency or a person to whom the Agency has delegated functions and powers under section 205(2) of the Act in relation to the issuing, renewal, and replacement of driver licences
light trailer means a trailer whose gross laden weight does not exceed 3 500 kg
light trailer: this definition was inserted, as from 1 June 2006, by clause 3(1) Land Transport (Driver Licensing) Amendment Rule 2006 (SR 2006/84).
medical practitioner means a health practitioner who is, or is deemed to be, registered with the Medical Council of New Zealand continued by section 114(1)(a) of the Health Practitioners Competence Assurance Act 2003 as a practitioner of the profession of medicine
medical practitioner: this definition was inserted, as from 18 September 2004, by section 175(3) Health Practitioners Competence Assurance Act 2003 (2003 No 48). See sections 178 to 227 of that Act as to the transitional provisions.
mobility device means—
(a) a vehicle that—
(i) is designed and constructed (not merely adapted) for use by persons who require mobility assistance due to a physical or neurological impairment; and
(ii) is powered solely by a motor that has a maximum power output not exceeding 1 500 W; or
(b) a vehicle that the Agency has declared under section 168A(1) of the Land Transport Act 1998 to be a mobility device
Moped means a motor vehicle running on 2 or 3 wheels that is fitted with a motor having a power output not exceeding 2 kilowatts and is designed to be ridden at a speed not exceeding 50 km/h under normal conditions of use
Motor vehicle—
(a) Means a vehicle drawn or propelled by mechanical power; and
(b) Includes a trailer; but
(c) Does not include—
(i) A vehicle running on rails; or
(ii) [Revoked]
(iii) A trailer (other than a trailer designed solely for the carriage of goods) that is designed and used exclusively as part of the armament of the New Zealand Defence Force; or
(iv) A trailer running on 1 wheel and designed exclusively as a speed measuring device or for testing the wear of vehicle tyres; or
(v) A vehicle designed for amusement purposes and used exclusively within a place of recreation, amusement, or entertainment to which the public does not have access with motor vehicles; or
(vi) A pedestrian-controlled machine; or
(vii) a vehicle that the Agency has declared is not a motor vehicle under section 168A of the Land Transport Act 1998; or
(viii) a mobility device
Motorcycle means a motor vehicle running on 2 wheels, or not more than 3 wheels when fitted with a sidecar; and includes any vehicle with motorcycle controls declared by the Agency to be a motorcycle; but does not include a moped
National register of driver licences means the register maintained by the Authority under section 199 of the Act
occupational therapist means a health practitioner who is, or is deemed to be, registered with the Occupational Therapy Board continued by section 114(1)(a) of the Health Practitioners Competence Assurance Act 2003 as a practitioner of the profession of occupational therapy
occupational therapist: this definition was inserted, as from 18 September 2004, by section 175(3) Health Practitioners Competence Assurance Act 2003 (2003 No 48). See sections 178 to 227 of that Act as to the transitional provisions.
older driver test
[Revoked]
older driver test: this definition was inserted, as from 1 June 2006, by clause 3(1) Land Transport (Driver Licensing) Amendment Rule 2006 (SR 2006/84).
older driver test: this definition was revoked, as from 4 December 2006, by clause 6 Land Transport (Driver Licensing) Amendment Rule (No 2) 2006 (SR 2006/152).
on-road safety test means the test specified in Part F Schedule 6.
on-road safety test: this definition was inserted, as from 4 December 2006, by clause 6 Land Transport (Driver Licensing) Amendment Rule (No 2) 2006 (SR 2006/152).
optometrist means a health practitioner who is, or is deemed to be, registered with the Optometrists and Dispensing Opticians Board continued by section 114(1)(a) of the Health Practitioners Competence Assurance Act 2003 as a practitioner of the profession of optometry
optometrist: this definition was inserted, as from 18 September 2004, by section 175(3) Health Practitioners Competence Assurance Act 2003 (2003 No 48). See sections 178 to 227 of that Act as to the transitional provisions.
partner, in the phrase “spouse or partner”
and in related contexts, means a civil union partner or a de facto partner
partner: this definition was inserted, as from 26 April 2005, by section 12 Relationships (Statutory References) Act 2005 (2005 No 3).
Passenger service means, subject to section 47 of the Transport Services Licensing Act 1989,—
(a) The carriage of passengers on any road for hire or reward by means of a motor vehicle; and includes the letting on hire of a vehicle by a person who drives the vehicle or provides a driver for the vehicle if, during the hiring, the vehicle is used for the carriage of passengers; and
(b) The carriage of passengers on any road, whether or not for hire or reward, by means of a large passenger service vehicle;—
but does not include any service specified as an exempt service in the Act or in regulations or rules made under the Act
Passenger service vehicle means a vehicle used or available for use in a passenger service for the carriage of passengers; but does not include a vehicle specified as an exempt vehicle in the Act or in regulations or rules made under the Act
pivot steer vehicle means a vehicle with a chassis that is split into 2 dependent parts connected by a permanent steering pivot
pivot steer vehicle: this definition was inserted, as from 1 June 2006, by clause 3(1) Land Transport (Driver Licensing) Amendment Rule 2006 (SR 2006/84).
R, when following a licence class number, is an abbreviation for a restricted licence
registered health professional means a health practitioner who is, or is deemed to be, registered with an authority established or continued by section 114 of the Health Practitioners Competence Assurance Act 2003 as a practitioner of a particular health profession.
registered health professional: this definition was inserted, as from 18 September 2004, by section 175(3) Health Practitioners Competence Assurance Act 2003 (2003 No 48). See sections 178 to 227 of that Act as to the transitional provisions.
Registered medical practitioner
[Revoked]
Registered medical practitioner: this definition was revoked, as from 18 September 2004, by section 175(3) Health Practitioners Competence Assurance Act 2003 (2003 No 48). See sections 178 to 227 of that Act as to the transitional provisions.
Registered occupational therapist
[Revoked]
Registered occupational therapist: this definition was revoked, as from 18 September 2004, by section 175(3) Health Practitioners Competence Assurance Act 2003 (2003 No 48). See sections 178 to 227 of that Act as to the transitional provisions.
Registered optometrist
[Revoked]
Registered optometrist: this definition was revoked, as from 18 September 2004, by section 175(3) Health Practitioners Competence Assurance Act 2003 (2003 No 48). See sections 178 to 227 of that Act as to the transitional provisions.
Restricted licence means a restricted driver licence issued under Part 4
Rigid vehicle means a vehicle that does not have any pivot points to allow any part of the chassis of the vehicle to move or rotate in relation to any other part of the chassis of the vehicle; and includes an articulated bus and a pivot steer vehicle
Rigid vehicle: this definition was amended, as from 1 June 2006, by clause 3(3) Land Transport (Driver Licensing) Amendment Rule 2006 (SR 2006/84) by adding the words “and a pivot steer vehicle”
.
Road includes—
(a) A street; and
(b) A motorway; and
(c) A beach; and
(d) A place to which the public have access, whether as of right or not; and
(e) All bridges, culverts, ferries, and fords forming part of a road or street or motorway, or a place referred to in paragraph (d); and
(f) All sites at which vehicles may be weighed for the purposes of the Act or any other enactment:
Small passenger service vehicle means any passenger service vehicle that is designed or adapted to carry 12 or fewer persons (including the driver)
Special-type vehicle means any motor vehicle that—
(a) Is a forklift; or
(b) Runs on rollers; or
(c) Runs on—
(i) Self-laying tracks; or
(ii) Wheels, but is not a passenger vehicle, a trade vehicle, a tractor, a fire engine, or a vehicle recovery service vehicle:
Special-type vehicle: paragraph (c)(ii) of this definition was amended, as from 4 October 1999, by clause 2(2) Land Transport (Driver Licensing) Amendment Rule 1999 (SR 1999/302) by inserting the words “a tractor, a fire engine,”
.
Spouse
[Revoked]
Spouse: this definition was revoked, as from 26 April 2005, by section 12 Relationships (Statutory References) Act 2005 (2005 No 3).
Testing officer means a person who is the holder of a testing officer endorsement
Testing Officer's Manual means the Driver Testing Officer's Manual produced by the Authority setting out the requirements for administering theory tests and practical driving tests for the purposes of this rule
Trade vehicle means a motor vehicle designed exclusively or principally for the carriage of goods; and—
(a) Includes—
(i) A motor vehicle that has been adapted by the permanent attachment of machinery or other similar apparatus; and
(ii) A motorised mobile home or self-propelled caravan; but
(b) Does not include—
(i) A moped or motorcycle:
(ii) A motor vehicle fitted with self laying tracks:
(iii) A forklift vehicle:
(iv) A vehicle recovery service vehicle while the vehicle is being used to tow or carry any other vehicle:
(v) a fire engine:
(vi) an ambulance
Trade vehicle: paragraph (b)(v) and (vi) of this definition were inserted, as from 1 June 2006, by clause 3(4) Land Transport (Driver Licensing) Amendment Rule 2006 (SR 2006/84).
tradesperson's vehicle means a motor vehicle whose body is designed or adapted for use principally by tradespersons to carry special purpose trade equipment or trade goods (excluding general freight)
tradesperson's vehicle: this definition was inserted, as from 1 June 2006, by clause 3(1) Land Transport (Driver Licensing) Amendment Rule 2006 (SR 2006/84).
Trailer means a vehicle without power that is capable of being drawn or propelled by a motor vehicle from which it is readily detachable; but does not include—
(a) A sidecar attached to a motorcycle; or
(b) A vehicle normally propelled by mechanical power while it is being temporarily towed without the use of its own power:
Vehicle—
(a) Means a contrivance equipped with wheels, tracks, or revolving runners on which it moves or is moved; and
(b) Includes a hovercraft, a skateboard, in-line skates, and roller-skates; but
(c) Does not include—
(i) A perambulator or pushchair:
(ii) A shopping or sporting trundler not propelled by mechanical power:
(iii) A wheelbarrow or hand-trolley:
(iv) [Revoked]
(v) A pedestrian-controlled lawnmower:
(vi) A pedestrian-controlled agricultural machine not propelled by mechanical power:
(vii) An article of furniture:
(viii) An invalid wheel-chair not propelled by mechanical power:
(ix) Any other contrivance specified by any other rule made under the Act not to be a vehicle for the purposes of this definition:
Vehicle: paragraph (c)(iv) of this definition was revoked, as from 21 June 2005, by section 95(10) Land Transport Amendment Act 2005 (2005 No 77). See sections 96 to 100 of that Act as to the transitional and savings provisions.
Vehicle recovery service means the towing or carrying on any road of a motor vehicle, irrespective of the size or design of the towing or carrying vehicle, and whether or not the towing or carrying of the vehicle is carried out by a person intending to carry out repairs on the vehicle; but does not include—
(a) The towing or carrying of any motorcycle or moped; or
(b) The towing or carrying of 1 motor vehicle by another where—
(i) The towing or carrying is not carried out directly or indirectly for reward; and
(ii) The towing or carrying vehicle is not designed or adapted for the purpose of towing or carrying motor vehicles; or
(c) The towing or carrying of a vehicle by a person who owns the vehicle; or
(d) Any service where the Agency has, in writing, notified the operator that the nature of the service is such that the carriage of vehicles should be treated as the carriage of goods; or
(e) any service specified as an exempt service in the Act or in the regulations or rules made under the Act
Vehicle recovery service vehicle means a vehicle used in a vehicle recovery service for towing or carrying on a road any motor vehicle; but does not include a vehicle that is not designed or adapted for the purpose of towing or carrying motor vehicles.
(2) For the of this rule, in a year that is not a leap year, birthdays and other dates that would otherwise occur on 29 February are deemed to occur on 28 February.
Clause 2(1) Agency: inserted, on 1 August 2008, by section 50(2) of the Land Transport Management Amendment Act 2008 (2008 No 47).
Clause 2(1) Authority: amended, on 1 August 2008, by section 50(2) of the Land Transport Management Amendment Act 2008 (2008 No 47).
Authority: this definition was substituted, as from 1 December 2004, by section 19(2) Land Transport Management Amendment Act 2004 (2004 No 97). See sections 20 to 22 of that Act as to the savings and transitional provisions.
Clause 2(1) Director: revoked, on 1 August 2008, by section 50(2) of the Land Transport Management Amendment Act 2008 (2008 No 47).
Clause 2(1) driver identification card: substituted, on 1 October 2007, by section 95(11) of the Land Transport Amendment Act 2005 (2005 No 77).
Clause 2(1) licensing agent: amended, on 1 August 2008, by section 50(2) of the Land Transport Management Amendment Act 2008 (2008 No 47).
mobility device: this definition was inserted, as from 21 June 2005, by section 95(10) Land Transport Amendment Act 2005 (2005 No 77). See sections 96 to 100 of that Act as to the transitional and savings provisions.
Clause 2(1) mobility device paragraph (b): amended, on 1 August 2008, by section 50(2) of the Land Transport Management Amendment Act 2008 (2008 No 47).
Motor vehicle: paragraph (c)(ii) of this definition was revoked, as from 21 June 2005, by section 95(10) Land Transport Amendment Act 2005 (2005 No 77). See sections 96 to 100 of that Act as to the transitional and savings provisions.
Clause 2(1) motor vehicle paragraph (c)(vii): amended, on 1 August 2008, by section 50(2) of the Land Transport Management Amendment Act 2008 (2008 No 47).
Motor vehicle: paragraph (vi) of this definition was amended, as from 21 June 2005, by section 95(10) Land Transport Amendment Act 2005 (2005 No 77) by adding the word “; or”
. See sections 96 to 100 of that Act as to the transitional and savings provisions.
Motor vehicle: paragraphs (vii) and (viii) of this definition were inserted, as from 21 June 2005, by section 95(10) Land Transport Amendment Act 2005 (2005 No 77). See sections 96 to 100 of that Act as to the transitional and savings provisions.
Clause 2(1) motorcycle: amended, on 1 August 2008, by section 50(2) of the Land Transport Management Amendment Act 2008 (2008 No 47).
Clause 2(1) passenger service: amended, on 1 October 2007, by section 95(11) of the Land Transport Amendment Act 2005 (2005 No 77).
Clause 2(1) passenger service vehicle: amended, on 1 October 2007, by section 95(11) of the Land Transport Amendment Act 2005 (2005 No 77).
Clause 2(1) vehicle recovery service paragraph (d):amended, on 1 August 2008, by section 50(2) of the Land Transport Management Amendment Act 2008 (2008 No 47).
Clause 2(1) vehicle recovery service paragraph (e): substituted, on 1 October 2007, by section 95(11) of the Land Transport Amendment Act 2005 (2005 No 77).