Land Transport (Driver Licensing and Driver Testing Fees) Amendment Regulations 1999

1999/278

Land Transport (Driver Licensing and Driver Testing Fees) Amendment Regulations 1999


Note

These regulations are administered in the Ministry of Transport.


PURSUANT to sections 167 and 168 of the Land Transport Act 1998, 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
2 Interpretation
  • Regulation 2(1) of the principal regulations is amended by inserting, in their appropriate alphabetical order, the following definitions:

    Large passenger service vehicle has the same meaning as it has in section 2(1) of the Transport Services Licensing Act 1989

    Small passenger service vehicle has the same meaning as it has in section 2(1) of the Transport Services Licensing Act 1989:.

3 Application for endorsement of driver licences
  • Regulation 4 of the principal regulations is amended by revoking paragraphs (c) and (d), and substituting the following paragraph:

    • (c) The appropriate fit and proper person checking fee, if any, described in regulation 6.

4 Applications for renewal of endorsements
  • The principal regulations are amended by revoking regulation 5, and substituting the following regulation:

    5
    • (1) An application for the renewal of an endorsement of a driver licence must be accompanied by—

      • (a) The appropriate application fee specified in Part 3 of the Schedule; and

      • (b) The appropriate fit and proper person checking fee, if any, described in regulation 6.

      (2) Despite subclause (1)(a), an applicant for the renewal of 2 or more endorsements of Type I, O, P, or V is required to pay 1 application fee in respect of those applications for renewal (being the higher or highest application fee specified in Part 3 of the Schedule for 1 of those endorsements for which renewal is sought).

5 Other fees payable by applicant for or holder of endorsement
  • The principal regulations are amended by revoking regulation 6, and substituting the following regulation:

    6
    • (1) An applicant for a Type I, O, P, or V endorsement who does not already hold a Type I, O, P, or V endorsement must pay the appropriate fit and proper person checking fee specified in Part 5 of the Schedule.

      (2) If the holder of a Type P endorsement issued only for the purpose of driving large passenger service vehicles applies for a Type I, O, or V endorsement, or a Type P endorsement to be issued for the purpose of driving small passenger service vehicles or both large and small passenger service vehicles, the applicant must pay the appropriate fit and proper person checking fee specified in Part 5 of the Schedule.

      (3) Despite subclauses (1) and (2), an applicant to whom subclause (1) or subclause (2) applies, who applies for 2 or more endorsements of Type I, O, P, or V, is required to pay 1 fit and proper person checking fee in respect of those applications (being the higher or highest of the applicable fit and proper person checking fees specified in Part 5 of the Schedule for 1 of those endorsements sought to be issued).

      (4) An applicant for a renewal of a Type I, O, P, or V endorsement must pay the appropriate fit and proper person checking fee specified in Part 5 of the Schedule.

      (5) Despite subclause (4), an applicant for the renewal of 2 or more endorsements of Type I, O, P, or V is required to pay 1 fit and proper person checking fee in respect of those applications for renewal (being the higher or highest of the applicable fit and proper person checking fees specified in Part 5 of the Schedule for 1 of those endorsements for which renewal is sought).

6 Refunds
  • Regulation 15 of the principal regulations is amended by inserting, after subclause (1), the following subclause:

    • (1A) Despite subclause (1), an applicant for the issue or renewal of 2 or more endorsements of Type I, O, P, or V—

      • (a) Is not entitled to a refund if 1 or more of the applications for issue or renewal are granted:

      • (b) Is entitled to the appropriate refund specified in Part 11 of the Schedule in respect of the 1 application fee paid by the applicant, less a deduction to cover the cost of processing the applications, if all the applications for issue or renewal are declined.

7 New regulations inserted
  • The principal regulations are amended by inserting, after regulation 15, the following regulations:

    15A Refund on conversion of endorsement
    • (1) Subclause (2) applies to a person who was issued with an endorsement of Type I, O, P, or V before 4 October 1999, and who applies on or after that date, while that endorsement is still in force or after having voluntarily surrendered that endorsement, for a new endorsement of the same type as was issued to the person before 4 October 1999 (being an endorsement of Type I, O, P, or V).

      (2) If this subclause applies, a person who applies for an endorsement to be issued for a period of 1 year is entitled to a refund in respect of any relevant monthly fees paid for the endorsement issued before 4 October 1999 that the new endorsement is to replace.

      (3) The refund referred to in subclause (2) is the product of the number of months from the date of application for a refund until the expiry date specified in the endorsement issued before 4 October 1999 and the relevant monthly fee for that type of endorsement, less a deduction to cover the costs of processing the application for a refund.

      (4) For the purposes of this regulation, the relevant monthly fee for a type of endorsement is the appropriate fee specified in Part 6 of the Schedule of the principal regulations, immediately before its revocation by these regulations.

      (5) Subclause (2) does not apply if the relevant monthly fees referred to in that subclause—

      • (a) Have not been paid: or

      • (b) Have been refunded in whole or in part under regulation 15B.

    15B Transitional refunds
    • (1) A person who was issued with 2 or more endorsements of Type I, O, P, or V by or on behalf of the Director under the Driver Licensing rule before 4 October 1999, and is the holder of those endorsements is entitled, if the person paid the appropriate fees in Parts 2, 5, and 6 of the Schedule of the principal regulations (as specified immediately before their amendment or revocation by these regulations), to a refund in respect of those fees, in accordance with this regulation.

      (2) The refund referred to in subclause (1) is the total amount of the fees specified in Parts 2, 5, and 6 of the Schedule of the principal regulations that was paid in respect of all the applications by the person for 2 or more endorsements of Type I, O, P, or V, less the amounts referred to in subclause (3).

      (3) The amounts to be deducted from the refund referred to in subclause (2) are—

      • (a) The higher or highest of the total amounts payable under Parts 2, 5, and 6 of the Schedule of the principal regulations in respect of each endorsement of Type I, O, P, or V that was applied for; and

      • (b) A deduction to cover the costs of processing the application for a refund.

      (4) A person who holds an endorsement of Type P on 4 October 1999, and on or after that date provides an undertaking to a licensing agent in a form approved by that agent that the person will use that endorsement only for the purpose of driving large passenger service vehicles, is entitled, if the person paid the fee in Part 5 of the Schedule of the principal regulations (as specified immediately before that Part was amended by these regulations), to a refund of $112.80.

8 Schedule
  • The Schedule of the principal regulations is amended by—

    • (a) Revoking Part 2, and substituting the Part 2 set out in Schedule 1 of these regulations:

    • (b) Revoking Part 3, and substituting the Part 3 set out in Schedule 2 of these regulations:

    • (c) Revoking Part 5, and substituting the Part 5 set out in Schedule 3 of these regulations:

    • (d) Revoking Part 6:

    • (e) Revoking Part 11, and substituting the Part 11 set out in Schedule 4 of these regulations.


Schedule 1
New Part 2 of Schedule of principal regulations

Reg 8(a)

2
Applications for endorsement of driver licence

ItemRegulationBrief Description of FeeFee
No  $
1.4(a)Fee to obtain a Type I endorsement to be issued for a period of 5 years, if applicant is not the current holder of a Type O, P, or V endorsement...................................................................
214.00
2.4(a)Fee to obtain a Type I endorsement to be issued for a period of 1 year, if applicant is not the current holder of a Type O, P, or V endorsement...................................................................
75.50
3.4(a)Fee to obtain a Type O endorsement to be issued for a period of 5 years, if applicant is not the current holder of a Type I, P, or V endorsement...................................................................
214.00
4.4(a)Fee to obtain a Type O endorsement to be issued for a period of 1 year, if applicant is not the current holder of a Type I, P, or V endorsement...................................................................
75.50
5.4(a)Fee to obtain a Type P endorsement to be issued for a period of 5 years, if applicant is not the current holder of a Type I, O, or V endorsement...................................................................
185.50
6.4(a)Fee to obtain a Type P endorsement to be issued for a period of 1 year, if applicant is to use the endorsement only for the purpose of driving large passenger service vehicles and is not the current holder of a type I, O, or V endorsement...................................................................
72.00
7.4(a)Fee to obtain a Type P endorsement to be issued for a period of 1 year, if applicant is to use the endorsement for the purpose of driving small passenger service vehicles or both large and small passenger service vehicles, and is not the current holder of a Type I, O, or V endorsement...................................................................
75.50
8.4(a)Fee to obtain a Type V endorsement to be issued for a period of 5 years, if applicant is not the current holder of a Type I, O, or P endorsement...................................................................
185.50
9.4(a)Fee to obtain a Type V endorsement to be issued for a period of 1 year, if applicant is not the current holder of a type I, O, or P endorsement...................................................................
75.50
10.4(a)Fee to obtain a Type D, F, R, T, or W endorsement...................................................................
33.00

Schedule 2
New Part 3 of Schedule of principal regulations

Reg 8(b)

3
Applications for renewal of endorsements

ItemRegulationBrief Description of FeeFee
No  $
1.5(1)(a)Fee for renewal of a Type D endorsement...................................................................
32.50
2.5(1)(a)Fee for renewal of a Type I endorsement for a period of 5 years...................................................................
198.50
3.5(1)(a)Fee for renewal of a Type I endorsement for a period of 1 year...................................................................
61.50
4.5(1)(a)Fee for renewal of a Type O endorsement for a period of 5 years...................................................................
198.50
5.5(1)(a)Fee for renewal of a Type O endorsement for a period of 1 year...................................................................
61.50
6.5(1)(a)Fee for renewal of a Type P endorsement for a period of 5 years...................................................................
171.50
7.5(1)(a)Fee for renewal of a Type P endorsement for a period of 1 year, if applicant is to use the endorsement only for the purpose of driving large passenger service vehicles...................................................................
58.00
8.5(1)(a)Fee for renewal of a Type P endorsement for a period of 1 year, if applicant is to use the endorsement for the purpose of driving small passenger service vehicles or both large and small passenger service vehicles...................................................................
61.50
9.5(1)(a)Fee for renewal of a Type V endorsement for a period of 5 years...................................................................
171.50
10.5(1)(a)Fee for renewal of a type V endorsement for a period of 1 year...................................................................
61.50

Schedule 3
New Part 5 of Schedule of principal regulations

Reg 8(c)

5
Fit and proper person checking fee

ItemRegulationBrief Description of FeeFee
No  $
1.4(c), 5(1)(b), 6Fit and proper person checking fee for issue or renewal of a Type I, O, or V endorsement for a period of 5 years...................................................................
141.00
2.4(c), 5(1)(b), 6Fit and proper person checking fee for issue or renewal of a Type I, O, or V endorsement for a period of 1 year...................................................................
28.20
3.4(c), 5(1)(b), 6Fit and proper person checking fee for issue or renewal of a Type P endorsement for a period of 5 years, if applicant is to use the endorsement for the purpose of driving small passenger service vehicles or both large and small passenger service vehicles...................................................................
141.00
4.4(c), 5(1)(b), 6Fit and proper person checking fee for issue or renewal of a Type P endorsement, if applicant is to use the endorsement only for the purpose of driving large passenger service vehicles and has not undergone a fit and proper person check within the previous 5 years...................................................................
28.20
5.4(c), 5(1)(b), 6Fit and proper person checking fee for issue or renewal of a Type P endorsement for a period of 1 year, if applicant is to use the endorsement for the purpose of driving small passenger service vehicles or both large and small passenger service vehicles...................................................................
28.20
6.4(c), 5(1)(b), 6Fit and proper person checking fee payable by a person to whom regulation 6(2) applies, if endorsement applied for is to be issued for a period of at least 3 years but less than 5 years...................................................................
112.80
7.4(c), 5(1)(b), 6Fit and proper person checking fee payable by a person to whom regulation 6(2) applies, if endorsement applied for is to be issued for a period of at least 2 years but less than 3 years...................................................................
84.60
8.4(c), 5(1)(b), 6Fit and proper person checking fee payable by a person to whom regulation 6(2) applies, if endorsement applied for is to be issued for a period of at least 1 year but less than 2 years...................................................................
56.40
9.4(c), 5(1)(b), 6Fit and proper person checking fee payable by a person to whom regulation 6(2) applies, if endorsement applied for is to be issued for a period of less than 1 year...................................................................
28.20

Schedule 4
New Part 11 of Schedule of principal regulations

Reg 8(e)

11
Refunds

ItemRegulationBrief Description of RefundRefund
No  $
1.15Refund payable to unsuccessful applicant for the issue of a Type P or V endorsement for a period of 5 years, if applicant not the current holder of a Type I, O, P, or V endorsement...................................................................
140.00
2.15Refund payable to unsuccessful applicant for the issue of a Type V endorsement for a period of 1 year, if applicant not the current holder of a Type I, O, or P endorsement...................................................................
30.00
3.15Refund payable to unsuccessful applicant for the issue of a Type P endorsement for a period of 1 year, if applicant was to use the endorsement only for the purpose of driving large passenger service vehicles and was not the current holder of a Type I, O, or V endorsement...................................................................
26.50
4.15Refund payable to unsuccessful applicant for the issue of a Type P endorsement for a period of 1 year, if applicant was to use the endorsement for the purpose of driving small passenger service vehicles or both large and small passenger service vehicles and was not the current holder of a Type I, O, or V endorsement...................................................................
30. 00
5.15Refund payable to unsuccessful applicant for the renewal of a Type P or V endorsement for a period of 5 years...................................................................
171.50
6.15Refund payable to unsuccessful applicant for the renewal of a Type V endorsement for a period of 1 year...................................................................
61.50
7.15Refund payable to unsuccessful applicant for the renewal of a Type P endorsement for a period of 1 year, if applicant was to use the endorsement for the purpose of driving small passenger service vehicles, or both large and small passenger service vehicles...................................................................
61.50
8.15Refund payable to unsuccessful applicant for the renewal of a Type P endorsement for a period of 1 year, if applicant was to use the endorsement only for the purpose of driving large passenger service vehicles...................................................................
58.00
9.15Refund payable to unsuccessful applicant for the issue of a Type I or O endorsement for a period of 5 years, if applicant not the current holder of a Type I, O, P, or V endorsement...................................................................
168.50
10.15Refund payable to unsuccessful applicant for the issue of a Type I or O endorsement for a period of 1 year, if applicant not the current holder of a Type I, O, P, or V endorsement...................................................................
30.00
11.15Refund payable to unsuccessful applicant for the renewal of a Type I or O endorsement for a period of 5 years...................................................................
198.50
12.15Refund payable to unsuccessful applicant for the renewal of a Type I or O endorsement for a period of 1 year...................................................................
61.50
13.15Refund payable to unsuccessful applicant for the issue or renewal of a Type I, O, P, or V endorsement who is required to apply for a driver identification card and whose application for a driver identification card is declined...................................................................
8.50

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 4 October 1999, make a number of changes to the fees prescribed in the principal regulations. The main changes can be summarised as follows:

• Applicants for the renewal of 2 or more endorsements of Type I, O, P, or V will no longer be required to pay a separate application fee for each renewal, but only 1 application fee (the higher or highest application fee for 1 of the endorsements for which renewal is sought):

• Additional monthly fees currently payable by the holder of a Type I, O, P, or V endorsement who applies for an additional endorsement of Type I, O, P, or V are abolished:

• Holders of a Type I endorsement who apply for authority to provide instruction in respect of 1 or more additional classes of driver licence are no longer required to pay an additional fee:

• Applicants for the issue of a Type I, O, P, or V endorsement will now have the option (in general) of applying for the issue or renewal of an endorsement for either a period of 1 year or a period of 5 years, with different levels of fee payable depending on the duration of the endorsement to be issued or renewed. At present, endorsements are issued or renewed (in general) for a period of 5 years:

• Applicants for a Type P endorsement issued only for the purpose of driving large passenger service vehicles (generally buses) will now be required to pay a fit and proper person checking fee only if the applicant has not undergone a fit and proper person check within the previous 5 years. The amount of the fit and proper person checking fee for this class of applicant (where payable) is reduced from $141.00 to $28.20.

A number of related amendments are made to the principal regulations dealing with fit and proper person checking fees and refunds. Provision is made for refunds on the conversion of 5-year endorsements to 1-year endorsements, and also for existing holders of 2 or more endorsements of Type I, O, P, or V.


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

Date of notification in Gazette: 26 August 1999.


  • 1 SR 1999/93