New Zealand Legislation: Regulations

26 When passenger endorsement required

• (1) A person must hold a passenger endorsement if that person drives—

  • (a) A motor vehicle that is operated in a passenger service; or

  • (b) [Revoked]

  (2) Despite subclause (1), a passenger endorsement is not required if the transport is provided in any of the following situations:

  • (a) When the motor vehicle is an ambulance being used in an ambulance service; or

  • (b) When an employer is providing transport for the employer's employees and the driver is an employee of that employer; or

  • (c) When a car pool is being conducted in which persons are carried to or from their place of employment, business, or education under a cost-sharing arrangement between occupants of the vehicle; or

  • (d) When a parent is transporting a child under a Ministry of Education transport allowance; or

  • (e) When the driver is a volunteer driving the motor vehicle to assist in the activities of an incorporated charitable organisation or a hospital; or

  • (f) when the motor vehicle is being operated to escort a lawfully detained person to or from a police station, court, or prison by—

    • (i) a police officer; or

    • (ii) a security officer employed by the Department of Corrections; or

    • (iii) a security guard under contract to the Department of Corrections; or

  • (g) when the only person or persons being carried in the vehicle, in addition to the driver, is or are present—

    • (i) to service or test the vehicle; or

    • (ii) to instruct or test the driver; or

    • (iii) to receive instruction; or

  • (h) when the driver is a private chauffeur.

  (3) In subclause (2)(f),—

  security guard has the meaning given to it in section 4(1) of the Private Investigators and Security Guards Act 1974

  security officer means a person appointed or engaged under section 17 of the Corrections Act 2004.

  Clause 26(1)(b): revoked, on 1 October 2007, by section 95(11) of the Land Transport Amendment Act 2005 (2005 No 77).

  Subclause (1)(b)(i) and (ii) were substituted, as from 1 June 2006, by clause 12(1) Land Transport (Driver Licensing) Amendment Rule 2006 (SR 2006/84).

  Subclause (2)(f) was substituted, as from 1 June 2006, by clause 12(2) Land Transport (Driver Licensing) Amendment Rule 2006 (SR 2006/84).

  Subclause (2)(g) and (h) were inserted, as from 1 June 2006, by clause 12(2) Land Transport (Driver Licensing) Amendment Rule 2006 (SR 2006/84).

  Subclause (3) was inserted, as from 1 June 2006, by clause 12(3) Land Transport (Driver Licensing) Amendment Rule 2006 (SR 2006/84).

  Clause 26(3) security officer: substituted, on 16 June 2008, by clause 9 of the Land Transport (Driver Licensing) Amendment Rule 2008 (SR 2008/119).