Land Transport (Offences and Penalties) Amendment Regulations 2002

2002/44

Land Transport (Offences and Penalties) Amendment Regulations 2002


Note

These regulations are administered in the Ministry of Transport.


Pursuant to sections 167 and 218 of the Land Transport Act 1998, Her Excellency the Governor-General, acting on the advice and with the consent of the Executive Council, makes the following regulations.

1 Title
2 Commencement
  • These regulations come into force on 1 April 2002.

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

4 Defences
  • Regulation 5 of the principal regulations is amended by adding, as subclause (2), the following subclause:

    • (2) It is a defence in any prosecution for an offence involving a breach of a provision of the Land Transport Rule: Seatbelts and Seatbelt Anchorages 2002 that requires that approved seat belts be obtained or seat belts be replaced if the defendant proves that, at the date of the alleged offence,—

      • (a) reasonable but unsuccessful steps had been taken to obtain an approved seat belt, and an order for an approved seat belt had been placed with a supplier and was still in force; or

      • (b) the seat belt or the fasteners, buckles, or retractors had been removed for repair by a seat belt manufacturer or his or her agent, and an order for the repair had been placed not more than 2 months previously and was still in force.

5 Consequential amendments
  • The regulations specified in Schedule 2 are consequentially amended in the manner indicated in that schedule.

6 Revocations

Schedule 1
New Schedule 1 of principal regulations

r 3

Schedule 1
Offence provisions and penalties

rr 3, 4

ProvisionBrief descriptionMaximum penalty on summary conviction for individual ($)Maximum penalty on summary conviction for body corporate ($)Infringement fee for individual ($)Infringement fee for body corporate ($)
Dangerous Goods 1999 (45001):     
Section 10.1(1)Person or organisation involved in activity related to transport of dangerous goods must undertake activity safely and in compliance with Dangerous Goods rule2,50010,0005001,000
Section 10.1(2)Person or organisation not specified in sections 10.2 to 10.6 of the rules but involved in activity relating to transport of dangerous goods must comply with relevant requirements of Dangerous Goods rule2,50010,0005001,000
Section 10.1(3)(a)Person or organisation transporting dangerous goods must comply with requirements in section 2 of the rules relating to dangerous goods in limited quantities, consumer commodities, small packages, routine diagnostic specimens, and low-risk biological products2,50010,0005001,000
Section 10.1(3)(b)Person or organisation transporting dangerous goods must comply with requirements in section 2 of the rules relating to dangerous goods transported for use as tools-of-trade, for agricultural use, or for a commercial purpose, but not transported for hire or direct reward2,50010,000250750
Section 10.1(3)(c)Person or organisation transporting dangerous goods must comply with requirements in section 2 of the rules relating to dangerous goods transported for domestic or recreational purposes, but not transported for hire or direct reward2,50010,000150500
Section 10.1(4)Person or organisation transporting dangerous goods must not continue to transport those goods if the packaging they are contained in is leaking7,50037,5001,5007,500
Section 10.1(5)Person or organisation not transporting dangerous goods must not display labels, placards, or markings that identify or may be mistaken for labels, placards, or markings that identify dangerous goods2,50010,000150500
Section 10.2(a)Consignor of dangerous goods for transport must ensure that dangerous goods are properly packaged5,00025,0001,0005,000
Section 10.2(b)(i)Consignor of dangerous goods for transport must ensure that packages of dangerous goods display labels and marks to identify the goods as dangerous goods10,00050,0002,00010,000
Section 10.2(b)(ii)Consignor of dangerous goods for transport must ensure that packages of dangerous goods display the correct labels and marks5,00025,0001,0005,000
Section 10.2(c)(i)Consignor of dangerous goods for transport must ensure that required dangerous goods documentation is provided10,00050,0002,00010,000
Section 10.2(c)(ii)Consignor of dangerous goods for transport must ensure that required dangerous goods documentation contains the correct information5,00025,0001,0005,000
Section10.2(d)Consignor of dangerous goods for transport must ensure that required emergency response information is supplied5,00025,0001,0005,000
Section10.2(e)Consignor of dangerous goods for transport must ensure dangerous goods documentation is passed to the next person responsible for the transport or handling of the dangerous goods7,50037,5001,5007,500
Section10.3(a)Person who loads vehicle or freight container used to transport dangerous goods must ensure condition of packaging, labelling, and marking is checked for obvious defects2,50010,000250750
Section10.3(b)Person who loads vehicle or freight container used to transport dangerous goods must ensure that required load plan, or container, or vehicle packing certificate is prepared5,00025,0001,0005,000
Section 10.3(c)Person who loads vehicle or freight container used to transport dangerous goods must ensure compliance with any special loading instructions in dangerous goods documentation5,00025,0001,0005,000
Section 10.3(d)Person who loads vehicle or freight container used to transport dangerous goods must ensure mixed loads are segregated as required5,00025,0001,0005,000
Section 10.3(e)Person who loads vehicle or freight container used to transport dangerous goods must ensure that vehicle or freight container is placarded as required5,00025,0001,0005,000
Section 10.3(f)Person who loads vehicle or freight container used to transport dangerous goods must ensure the vehicle is securely loaded3,50015,0007502,500
Section 10.3(g)Person who loads vehicle or freight container used to transport dangerous goods must have undergone specific training on the transport of dangerous goods2,50010,0005001,000
Section 10.3(h)Person who loads vehicle or freight container used to transport dangerous goods must ensure dangerous goods documentation is passed to the next person responsible for the transport or handling of the dangerous goods7,50037,5001,5007,500
Section 10.4(a)(i)Driver or operator of road vehicle transporting dangerous goods must ensure the vehicle or load is placarded to indicate that it contains dangerous goods7,50037,5001,5007,500
Section 10.4(a)(ii)Driver or operator of road vehicle transporting dangerous goods must ensure placards are affixed in the correct position on the vehicle or load3,50015,0007502,500
Section 10.4(a)(iii)Driver or operator of road vehicle transporting dangerous goods must ensure the correct placards are displayed for the classes or divisions of goods located on the vehicle5,00025,0001,0005,000
Section 10.4(b)(i)Driver or operator of road vehicle transporting dangerous goods must ensure the vehicle is not parked for more than 18 hours unless it is in depot2,50010,0005001,000
Section 10.4(b)(ii)Driver or operator of road vehicle transporting dangerous goods must ensure vehicle is securely loaded3,50015,0007502,500
Section 10.4(b)(iii)Driver or operator of road vehicle transporting dangerous goods must ensure required emergency response information is carried2,50010,0005001,000
Section 10.4(b)(iv)Driver or operator of road vehicle transporting dangerous goods must ensure vehicle stops at railway level crossings as required2,50010,0005001,000
Section 10.4(c)Driver or operator of road vehicle transporting dangerous goods must have undergone specific training on the transport of dangerous goods2,50010,0005001,000
Section 10.4(e)(i)Driver or operator of road vehicle transporting dangerous goods must ensure dangerous goods documentation is carried2,50010,0007501,500
Section 10.4(e)(ii)Driver or operator of road vehicle transporting dangerous goods must ensure dangerous goods documentation is secured in dangerous goods holder in accordance with section 52,50010,0007501,500
Section 10.4(e)(iii)Driver or operator of road vehicle transporting dangerous goods must ensure dangerous goods documentation is made available to dangerous goods enforcement officer or emergency services personnel if required2,50010,0007501,500
Section 10.4(e)(iv)Driver or operator of road vehicle transporting dangerous goods must ensure dangerous goods documentation is passed to the next person responsible for the handling or the transport of the dangerous goods7,50037,5001,5007,500
Section 10.4(f)Driver or operator of road vehicle transporting dangerous goods must ensure Schedule of Quantities is amended to record collection or delivery of dangerous goods2,50010,000250750
Section 10.4(g)Driver or operator of road vehicle transporting dangerous goods to ensure load plan is amended to record collection or delivery of dangerous goods and other goods from which dangerous goods are to be segregated2,50010,000250750
Section 10.5(a)Driver or operator of rail service vehicle must have undergone specific training on the transport of dangerous goods2,50010,0005001,000
Section 10.5(b)(i)Driver or operator of rail service vehicle must ensure dangerous goods documentation is carried2,50010,0007501,500
Section 10.5(b)(ii)Driver or operator of rail service vehicle transporting dangerous goods must ensure dangerous goods documentation is secured in dangerous goods holder in accordance with section 52,50010,0007501,500
Section 10.5(b)(iii)Driver or operator of rail service vehicle must ensure dangerous goods documentation is made available to dangerous goods enforcement officer or emergency services personnel if required2,50010,0007501,500
Section 10.5(b)(iv)Driver or operator of rail service vehicle must ensure dangerous goods documentation is passed to the next person responsible for the transport or handling of the dangerous goods7,50037,5001,5007,500
Section 10.6Person or organisation employing person to carry out activity related to transport of dangerous goods must ensure employee complies with the Dangerous Goods rule5,00025,0001,0005,000
Door Retention Systems 2001 (32001/1):     
Section 4.1Responsibilities of operators500500150150
Section 4.2Responsibilities of repairers500500370370
Section 4.3Responsibilities of modifiers500500370370
Section 4.4Responsibilities of certifiers500500370370
Section 4.5Responsibilities of manufacturers and retailers500500370370
Driver Licensing 1999 (91001):     
Clause 37(2)Person must surrender driver identification card as and when required under the Driver Licensing rule500
Clause 105Person must not deface, alter, or tamper with the characteristics of, or features of, or information displayed on, a driver licence or driver identification card500
External Projections 2001 (32008/1):     
Section 4.1Responsibilities of operators500500150150
Section 4.2Responsibilities of repairers500500370370
Section 4.3Responsibilities of modifiers500500370370
Section 4.4Responsibilities of certifiers500500370370
Section 4.5Responsibilities of manufacturers and retailers500500370370
Frontal Impact 2001 (32006/1):     
Section 4.1Responsibilities of operators500500150150
Section 4.2Responsibilities of repairers500500370370
Section 4.3Responsibilities of modifiers500500370370
Section 4.4Responsibilities of certifiers500500370370
Section 4.5Responsibilities of manufacturers and retailers500500370370
Glazing 1999 (32012/1):     
Section 7.1Responsibilities of operators500500150150
Section 7.2Responsibilities of repairers500500370370
Section 7.3Responsibilities of modifiers500500370370
Section 7.4Responsibilities of certifiers500500370370
Section 7.5Responsibilities of manufacturers and retailers500500370370
Head Restraints 2001 (32010/1):     
Section 4.1Responsibilities of operators500500150150
Section 4.2Responsibilities of repairers500500370370
Section 4.3Responsibilities of modifiers500500370370
Section 4.4Responsibilities of certifiers500500370370
Section 4.5Responsibilities of manufacturers and retailers500500370370
Interior Impact 2001 (32002/1):     
Section 4.1Responsibilities of operators500500150150
Section 4.2Responsibilities of repairers500500370370
Section 4.3Responsibilities of modifiers500500370370
Section 4.4Responsibilities of certifiers500500370370
Section 4.5Responsibilities of manufacturers and retailers500500370370
Light-vehicle Brakes 2002 (32014):     
Section 4.1Responsibilities of operators500500150150
Section 4.2Responsibilities of repairers500500370370
Section 4.3Responsibilities of modifiers500500370370
Section 4.4Responsibilities of certifiers500500370370
Section 4.5Responsibilities of manufacturers and retailers500500370370
Passenger ServiceVehicles 1999(31001):     
Section 10.1Responsibilities of operators500500370370
Section 10.2Responsibilities of repairers500500370370
Section 10.3Responsibilities of modifiers500500370370
Section 10.4Responsibilities of certifiers500500370370
Section 10.5Responsibilities of manufacturers and importers500500370370
Seatbelts and Seatbelt Anchorages 2002 (32011):     
Section 5.1Responsibilities of operators500500150150
Section 5.2Responsibilities of repairers500500370370
Section 5.3Responsibilities of modifiers500500370370
Section 5.4Responsibilities of certifiers500500370370
Section 5.5Responsibilities of manufacturers and retailers500500370370
Seats and Seat Anchorages 2002 (32004):     
Section 4.1Responsibilities of operators500500150150
Section 4.2Responsibilities of repairers500500370370
Section 4.3Responsibilities of modifiers500500370370
Section 4.4Responsibilities of certifiers500500370370
Section 4.5Responsibilities of manufacturers and retailers500500370370
Steering Systems 2001 (32003/1):     
Section 4.1Responsibilities of operators500500150150
Section 4.2Responsibilities of repairers500500370370
Section 4.3Responsibilities of modifiers500500370370
Section 4.4Responsibilities of certifiers500500370370
Section 4.5Responsibilities of manufacturers and retailers500500370370
Tyres and Wheels 2001 (32013):     
Section 4.1Responsibilities of operators500500150150
Section 4.2Responsibilities of repairers500500370370
Section 4.3Responsibilities of modifiers500500370370
Section 4.4Responsibilities of certifiers500500370370
Section 4.5Responsibilities of manufacturers and retailers500500370370
Vehicle Repair 1998 (34001):     
Section 3.1Responsibilities of repairers500500370370
Vehicle Standards Compliance 2002 (35001/1):     
Section 2.1(2)Responsibilities of certifiers500500370370
Section 2.2(2)Responsibilities of certifiers500500370370
Section 6.3(6)Responsibilities of manufacturers500500370370
Section 10.2(1)Responsibilities of operators500500200200
Section 10.3Responsibilities of operators500500200200
Section 10.5Responsibilities of operators500500200200
Section 10.6Responsibilities of operators500500200200
Section 10.7Responsibilities of operators500500200200

Schedule 2
Regulations consequentially amended

r 5

Add to regulation 2:

  • (5) This regulation only applies to vehicles that have a gross vehicle mass that exceeds 3 500 kg.

Passenger Service Vehicle Construction Regulations 1978 (SR 1978/15)

Insert, before regulation 5:

4A Application of regulations 5 to 15
  • Regulations 5 to 15 only apply to passenger service vehicles that have a gross vehicle mass that exceeds 3 500 kg.

Omit from paragraph (a) of the definition of approved in regulation 2 the words seat belts and.

Omit the expression 2,000 from regulation 68(6) and substitute the expression 3 500.

Omit the expression 2,000 from regulation 68(7) and substitute the expression 3 500.

Add to regulation 68:

  • (12) This regulation only applies to vehicles that have a gross vehicle mass that exceeds 3 500 kg.

Add to regulation 83, as subclause (2):

  • (2) This regulation only applies to vehicles that have a gross vehicle mass that exceeds 3 500 kg.

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 April 2002, replace Schedule 1 of the Land Transport (Offences and Penalties) Regulations 1999 with a new Schedule 1. The new Schedule 1 amends the previous Schedule 1 by—

  • (a) specifying infringement fees and maximum penalties on summary conviction for the breaches of various provisions in the following new Land Transport Rules:

    • Light-vehicle Brakes 2002 (32014):

    • Seatbelts and Seatbelt Anchorages 2002 (32011):

    • Seats and Seat Anchorages 2002 (32004):

    • Tyres and Wheels 2001 (32013); and

  • (b) providing references to the following updated Land Transport Rules:

    • Door Retention Systems 2001 (32001/1):

    • External Projections 2001 (32008/1):

    • Frontal Impact 2001 (32006/1):

    • Head Restraints 2001 (32010/1):

    • Interior Impact 2001 (32002/1):

    • Steering Systems 2001 (32003/1):

    • Vehicle Standards Compliance 2002 (35001/1).


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

Date of notification in Gazette: 28 February 2002.


  • 1 SR 1999/99