Land Transport (Driver Licensing) Amendment Rule 2006

Reprint
as at 1 August 2008

Land Transport (Driver Licensing) Amendment Rule 2006

(SR 2006/84)


Note

Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this eprint.

A general outline of these changes is set out in the notes at the end of this eprint, together with other explanatory material about this eprint.

This rule is administered in the Ministry of Transport.


Pursuant to the Land Transport Act 1998, the Minister of Transport makes the following ordinary rule.

Contents

2 

2A 


1 Title
  • (1) This rule is the Land Transport (Driver Licensing) Amendment Rule 2006.

    (2) In this rule, the Land Transport (Driver Licensing) Rule 1999 is called the principal rule.

    (3) This rule is the Land Transport Amendment Rule 91001/2.

2 Commencement
  • (1) The following provisions of this rule come into force on 1 July 2006:

    • (a) clause 17(2) (which replaces clause 48(5) of the principal rule); and

    • (b) clause 41(3), to the extent that it relates to subpart 1 of Part E of Schedule 6 of the principal rule.

    (2) The rest of this rule comes into force on 1 June 2006.

3 Interpretation
  • (1) Clause 2(1) of the principal rule is amended by inserting, in their appropriate alphabetical order, the following definitions:

    ambulance means a motor vehicle designed and used principally for the carriage of sick or injured persons

    light trailer means a trailer whose gross laden weight does not exceed 3 500 kg

    older driver test means the test specified in Part F of Schedule 6

    pivot steer vehicle means a vehicle with a chassis that is split into 2 dependent parts connected by a permanent steering pivot

    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).

    (2) Clause 2(1) of the principal rule is amended by inserting in the definition of highest class, after the word number, the words , other than Class 6,.

    (3) Clause 2(1) of the principal rule is amended by adding to the definition of rigid vehicle, the words and a pivot steer vehicle.

    (4) Clause 2(1) of the principal rule is amended by adding to paragraph (b) of the definition of trade vehicle the following subparagraphs:

    • (v) a fire engine:

    • (vi) an ambulance.

4 Objective of rule
  • A statement of the objective of this rule is set out in Schedule 1.

5 Consultation
  • A statement on the extent of the consultation carried out under section 161(2) of the Act in relation to this rule is set out in Schedule 2.

6 Application
  • Clause 5(2) of the principal rule is amended by inserting, before paragraph (a), the following paragraph:

    • (aa) the requirement in clause 15 that an applicant for a Class 2L licence must hold, and have held for at least 6 months, a full Class 1 licence:.

7 Identification
  • (1) Clause 10(1) of the principal rule is amended by revoking paragraph (b), and substituting the following paragraph:

    • (b) a New Zealand driver licence that is current or that has expired within the 2 years immediately preceding the date of application; or.

    (2) Clause 10(1) of the principal rule is amended by revoking paragraphs (e) and (f), and substituting the following paragraphs:

    • (e) a current certificate of identity issued under the Passports Act 1992; or

    • (f) a current certificate of identity, as defined in section 2(1) of the Immigration Act 1987; or.

    (3) Clause 10(1) of the principal rule is amended by revoking paragraph (h), and substituting the following paragraph:

    • (h) a current refugee travel document issued by or on behalf of the Government of New Zealand; or.

    (4) Clause 10(1) of the principal rule is amended by revoking paragraphs (g) and (k).

    (5) Clause 10 of the principal rule is amended by adding the following subclause:

    • (4) Despite subclauses (1) and (2), if a practical driving test is not commenced at the premises of a licensing agent, the identification documents required under this section must be sighted by either—

      • (a) the testing officer who conducts the practical driving test; or

      • (b) a person appointed for the purpose by the Director.

8 Obtaining learner licence
  • (1) The table to clause 15 of the principal rule is amended by revoking paragraph (a) of Class 3L, and substituting the following paragraphs:

    • (a) if under 25 years of age, holds, and has held for at least 6 months, a full Class 2 licence

    • (ab) if 25 years of age or over,—

      • (i) holds, and has held for at least 3 months, a full Class 2 licence; or

      • (ii) holds a full Class 2 licence and provides a certificate showing successful completion of an approved course.

    (2) The table to clause 15 of the principal rule is amended by revoking paragraph (a) of Class 4L, and substituting the following paragraphs:

    • (a) if under 25 years of age, holds, and has held for at least 6 months, a full Class 2 licence

    • (ab) if 25 years of age or over,—

      • (i) holds, and has held for at least 3 months, a full Class 2 licence; or

      • (ii) holds a full Class 2 licence and provides a certificate showing successful completion of an approved course.

    (3) The table to clause 15 of the principal rule is amended by revoking paragraph (a) of Class 5L, and substituting the following paragraphs:

    • (a) if under 25 years of age, holds, and has held for at least 6 months, a full Class 4 licence

    • (ab) if 25 years of age or over,—

      • (i) holds, and has held for at least 3 months, a full Class 4 licence; or

      • (ii) holds a full Class 4 licence and provides a certificate showing successful completion of an approved course.

9 Conditions of learner licence
  • Clause 16(1) of the principal rule is amended by revoking paragraphs (b) and (c), and substituting the following paragraphs:

    • (b) in the case of a Class 1L licence, where the holder is driving a car, the holder must display on the vehicle an L plate as specified in clause 66:

    • (c) in the case of a Class 1L or Class 6L licence, where the holder is riding a moped, the holder—

      • (i) must display on the vehicle an L plate as specified in clause 66; and

      • (ii) must not drive between the hours of 10 pm and 5 am:

    • (d) in the case of a Class 6L licence, where the holder is riding a motorcycle, the holder—

      • (i) must display on the vehicle an L plate as specified in clause 66; and

      • (ii) must not—

        • (A) drive between the hours of 10 pm and 5 am; or

        • (B) drive at a speed exceeding 70 km/h, unless taking the restricted licence test for a Class 6R licence under clause 48(5); or

        • (C) drive a motorcycle that has a total piston displacement exceeding 250 cm3; or

        • (D) carry another person on the motorcycle or in a sidecar attached to the motorcycle.

10 Obtaining full licence
  • The table to clause 19 of the principal rule is amended by revoking paragraph (b) under the word EITHER in the requirements relating to Classes 2, 3, 4, and 5, and substituting in each case the following paragraph:

    • (b) passes the licence test under clause 48(2).

11 Obtaining driving instructor endorsement
  • Clause 23(1) of the principal rule is amended by revoking paragraph (d) and substituting the following paragraph:

    • (d) the person passes a full licence test under clause 48(1) unless, in the 5 years immediately preceding the date of application, the person has passed a full licence test required for a Class 1 licence; and.

12 When passenger endorsement required
  • (1) Clause 26(1)(b) of the principal rule is amended by revoking subparagraphs (i) and (ii), and substituting the following subparagraphs:

    • (i) the carriage of passengers is made using a vehicle provided by a passenger; and

    • (ii) the driver is paid for the carriage.

    (2) Clause 26(2) of the principal rule is amended by revoking paragraph (f), and substituting the following paragraphs:

    • (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) Clause 26 of the principal rule is amended by adding the following subclause:

    • (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 employed under section 36I of the Penal Institutions Act 1954.

13 Obtaining passenger endorsement
  • (1) Clause 27(1)(c) of the principal rule is amended by omitting the words or subclause (3).

    (2) Clause 27(1)(c) of the principal rule is amended by omitting the words or a Class 6 licence.

14 Obtaining testing officer endorsement
  • Clause 31 of the principal rule is amended by inserting, after paragraph (b), the following paragraph:

    • (ba) the person passes a full licence test under clause 48(1) unless, in the 5 years immediately preceding the date of application, the person has passed a full licence test required for a Class 1 licence; and.

15 Obtaining vehicle recovery endorsement
  • (1) Clause 34(1)(c) of the principal rule is amended by omitting the words or subclause (3).

    (2) Clause 34(1)(c) of the principal rule is amended by omitting the words or a Class 6 licence.

16 Medical certificates
  • (1) Clause 44 of the principal rule is amended by inserting, after subclause (1), the following subclause:

    • (1A) In the case of a person applying for a driver licence of Classes 2 to 5, a Class 1 medical certificate issued under Part 2A of the Civil Aviation Act 1990 and Part 67 of the Civil Aviation Rules may be produced instead of a medical certificate described in subclause (1)(a).

    (2) Clause 44 of the principal rule is amended by inserting, after subclause (2), the following subclause:

    • (2A) A medical certificate produced under subclause (1A) may be—

      • (a) the original certificate; or

      • (b) a copy of that certificate certified by a solicitor of the High Court of New Zealand, a registrar of a District Court, a Justice of the Peace, or the medical practitioner who issued the certificate.

17 Practical driving tests required
  • (1) Clause 48 of the principal rule is amended by revoking subclause (2), and substituting the following subclause:

    • (2) An applicant for a full licence of any of Classes 2 to 5 must take the full licence test (Classes 2 to 5) described in subpart 2 of Part E of Schedule 6.

    (2) Clause 48 of the principal rule is amended by revoking subclause (5), and substituting the following subclauses:

    • (5) An applicant for a Class 1R or a Class 6R licence must, unless subclause (5A) applies, take the restricted licence test described in subpart 1 of Part E of Schedule 6.

    • (5A) If, in the opinion of the testing officer, the restricted licence test cannot be completed because of adverse road or weather conditions, the applicant for a Class 1R or Class 6R licence must take the licence test specified in subpart 2 of Part E of Schedule 6, using a vehicle to which the restricted licence relates.

18 Practical driving tests for older drivers
  • Clause 49 of the principal rule is amended by inserting, after subclause (1), the following subclause:

    • (1A) An applicant who, when seeking to renew a licence, fails the older driver test the first time is entitled to take 1 further test free of charge.

19 New clauses 52 and 52A substituted
  • The principal rule is amended by revoking clause 52, and substituting the following clauses:

    52 Persons who may conduct practical driving tests
    • (1) A practical driving test may be conducted by a person who is—

      • (a) a testing officer; and

      • (b) either employed by, or under contract to,—

        • (i) the Authority; or

        • (ii) an agent of the Authority; or

        • (iii) the New Zealand Defence Force.

      (2) Despite subclause (1), the basic motorcycle handling skills test specified in Part D of Schedule 6 may only be carried out by—

      • (a) a person referred to in subclause (1); or

      • (b) an approved motorcycle instructor.

      (3) The Director may approve a motorcycle instructor to conduct the test referred to in subclause (2).

    52A Practical driving test may be terminated
    • A testing officer may terminate a practical driving test at any time during the course of the test if, in the opinion of the testing officer, the applicant—

      • (a) commits an offence under section 35(1)(a) or (b) or section 36(1)(a) (relating to reckless or dangerous driving), or under section 37(1), section 38(1), or section 39(1) (relating to careless or inconsiderate driving) of the Act; or

      • (b) is wholly or partly responsible for an accident; or

      • (c) is unable, because of lack of driving ability, to carry out an instruction of the testing officer; or

      • (d) exceeds the applicable speed limit by more than 10 km/h; or

      • (e) fails to comply with give-way rules or give-way signs; or

      • (f) fails to comply with traffic signals or stop signs.

20 New clauses 57 and 57A substituted
  • The principal rule is amended by revoking clause 57, and substituting the following clauses:

    57 Condition imposed on Class 1R licence in relation to driving motor vehicle with automatic transmission
    • The Director must impose a condition on a person's Class 1R licence permitting the person to drive only a motor vehicle with an automatic transmission if, when obtaining a Class 1R licence, the person passes the restricted licence test under clause 48(5) in a motor vehicle with an automatic transmission.

    57A Transitional provision for condition relating to automatic transmission vehicle
    • (1) In the case of an existing driver licence of a driver who is 80 years of age or over, a condition that the person is permitted to drive only a vehicle with automatic transmission, imposed as a result of passing a driving test in a vehicle with automatic transmission,—

      • (a) does not apply unless subclause (2) also applies; and

      • (b) must be removed from the driver licence of the applicant when he or she renews or replaces his or her licence unless subclause (2) applies.

      (2) Despite subclause (1), a driver who is 80 years of age or over who renews or replaces his or her driver licence may be subject to a condition imposed on medical grounds that allows that person to drive only a motor vehicle with an automatic transmission.

21 Removal of condition relating to automatic transmission
  • Clause 58 of the principal rule is amended by omitting the word ; or at the end of paragraph (b) and also by revoking paragraph (c).

22 Period of validity of driver licence
  • Clause 60 of the principal rule is amended by inserting, after subclause (2), the following subclause:

    • (2A) Despite subclause (1), the Director may extend the period of validity of a driver licence by not more than 1 year.

23 Form of temporary driver licence
  • Clause 64(2) of the principal rule is amended by inserting, after paragraph (c), the following paragraph:

    • (ca) the date on which the driver licence is issued:.

24 Renewal of driver licence
  • (1) Clause 67(2) of the principal rule is amended by revoking paragraphs (c) to (e), and substituting the following paragraphs:

    • (c) is 75 years of age or over and produces a medical certificate in accordance with clause 44; and

    • (d) is 80 years of age or over and passes the older driver test under clause 49(1); and

    • (e) in the case of a licence (excluding a Class 6 licence) that has been expired for more than 5 years, passes—

      • (i) the appropriate theory test under clause 45 for the highest class of driver licence that the person is applying to renew; and

      • (ii) the appropriate practical driving test for the highest class of driver licence that the person is applying to renew in accordance with clauses 48, 49, and 51 or successfully completes a course approved under clause 93; and

    • (f) in the case of a Class 6 licence that has been expired for more than 5 years, passes—

      • (i) the theory test for Class 6 under clause 45(1); and

      • (ii) the practical driving test for Class 6 under clause 48(3), (4), or (5) or clause 49, as appropriate.

    (2) Clause 67 of the principal rule is amended by inserting, after subclause (2), the following subclause:

    • (2A) Subclause (2)(e) does not override clause 68.

    (3) Clause 67 of the principal rule is amended by revoking subclause (5), and substituting the following subclauses:

    • (4A) If a person to whom subclause (2)(f) applies complies with subclause (2)(f)(i), that person may be issued with a Class 6L licence, subject to the conditions specified in clause 16(1)(d).

    • (5) A renewed driver licence may be issued with a new expiry date that would have applied had the licence been renewed on the expiry date if the licence is renewed,—

      • (a) in the case of a driver who is 74 years of age or over, not more than 6 months before the expiry date; and

      • (b) in all other cases, not more than 60 days before the expiry date.

25 Special provision relating to person who is overseas, or in prison or hospital
  • Clause 68(1) of the principal rule is amended by omitting the words 12 months or more in both places where they occur, and substituting in each case the words more than 5 years.

26 Renewal of passenger, vehicle recovery, driving instructor, testing officer, or dangerous goods endorsement
  • (1) Clause 70 of the principal rule is amended by revoking subclause (1), and substituting the following subclauses:

    • (1) Application may be made to renew a passenger, vehicle recovery, driving instructor, testing officer, or dangerous goods endorsement with the expiry date that would have applied had the licence been renewed on the expiry date.

    • (1A) An application under subclause (1) must be made—

      • (a) before the fifth anniversary of the date of expiry of the endorsement; and

      • (b) not more than 60 days before the date of expiry of the endorsement.

    (2) Clause 70(2) of the principal rule is amended by inserting, after the word renewed, the words , for a period of 1 year or 5 years from the date of the expiry of the endorsement, or the date of renewal, whichever is later,.

    (3) Clause 70(3) of the principal rule is amended by inserting, after the word renewed, the words , for a period of 5 years from the date of the expiry of the endorsement, or the date of renewal, whichever is later,.

27 Renewal of special-type endorsement
  • Clause 71(2)(b) of the principal rule is amended by omitting the words 12 months, and substituting the words 5 years.

28 Special provision relating to person overseas, or in prison or hospital
  • Clause 72 of the principal rule is amended by omitting the words 12 months or more in both places where they occur, and substituting in each case the words more than 5 years.

29 Requirements for testing and medical examination
  • (1) Clause 77 of the principal rule is amended by omitting the heading, and substituting the heading Requirements for tests, medical examinations, and approved courses.

    (2) Clause 77(1) of the principal rule is amended by revoking paragraph (a) and substituting the following paragraph:

    • (a) undergo a medical examination, pass a test, or successfully complete a course approved under clause 93 that the person would be required to undergo, pass, or complete as an applicant for the class of licence or type of endorsement held:.

    (3) Clause 77(1) of the principal rule is amended by revoking paragraph (c) and substituting the following paragraph:

    • (c) undergo any other medical examination, pass any other test, or successfully complete any other course approved under clause 93 that the Director considers to be relevant and reasonable in the circumstances, having regard to the classes of licence and types of endorsement (if any) held by the person.

    (4) Clause 77 of the principal rule is amended by revoking subclause (2) and substituting the following subclause:

    • (2) A test, medical examination, or course required under subclause (1) must be carried out by a medical practitioner, optometrist, occupational therapist, testing officer, or approved course provider nominated by—

      • (a) the applicant or holder of the driver licence or endorsement; or

      • (b) the Director.

    (5) Clause 77(3)(a) of the principal rule is amended by omitting the words test or medical examination, and substituting the words test, medical examination, or approved course.

    (6) Clause 77(3)(b) of the principal rule is amended by omitting the words test or examination, and substituting the words test, medical examination, or approved course.

    (7) Clause 77(4) of the principal rule is amended by omitting the word undertake, and substituting the word carry out, and by omitting the words subclause (1), and substituting the words subclause (2).

30 Requirement to be in notice
  • Clause 78(1) of the principal rule is amended by revoking paragraph (b), and substituting the following paragraph:

    • (b) one of the following:

      • (i) the date, time, and place of the required medical examination or test (if applicable) and the date by which, and the place at which, any required certificate must be produced; or

      • (ii) that the holder of the driver licence or the endorsement must contact the Director within a stated period to arrange the date, time, and place of the required medical examination or test and the date by which, and the place at which, any required certificate must be produced, if applicable; or

      • (iii) the date by which the approved course must be completed; and.

31 Obligations on person required to undertake test or medical examination
  • (1) The heading to clause 79 of the principal rule is amended by adding the words , or complete approved course.

    (2) Clause 79(1) of the principal rule is amended by inserting, after the word examination,, the words or to complete an approved course,.

32 Revocation of driver licence or endorsement
  • Clause 82(1) of the principal rule is amended by revoking paragraph (b), and substituting the following paragraph:

    • (b) the person fails to pass a test or successfully complete an approved course that the Director has required the person to undergo or complete; or.

33 New clauses 85 and 85A substituted
  • The principal rule is amended by revoking clause 85, and substituting the following clauses:

    85 Voluntary surrender of driver licence or endorsement
    • The holder of a driver licence or an endorsement may surrender 1 or more classes of driver licence or 1 or more types of endorsement—

      • (a) by notifying the Director that the person is surrendering 1 or more classes of driver licence or 1 or more types of endorsement; and

      • (b) by delivering the driver licence and driver identification card (if any) to the Director.

    85A Reinstatement of surrendered driver licence or endorsement
    • (1) A person who has surrendered 1 or more classes of driver licence or 1 or more types of endorsement under clause 85 may apply to the Director for reinstatement of the classes of licence or types of endorsement in accordance with subclause (4), subclause (5), subclause (6), or subclause (7), as the case may be.

      (2) The Director may reinstate a surrendered driver licence or an endorsement in accordance with this clause.

      (3) Before reinstating a surrendered driver licence or an endorsement, the Director may require the applicant to satisfy 1 or more of the requirements in clause 77(1).

      (4) The Director may reinstate a surrendered driver licence, even if the licence has expired, provided—

      • (a) the driver licence has not been surrendered for more than 5 years; and

      • (b) the driver licence has not been expired for more than 5 years; and

      • (c) the applicant complies with the applicable requirements in clause 67(2)(a), (b), (c), and (d) (which relates to the renewal of a driver licence).

      (5) The Director may reinstate a surrendered special-type vehicle endorsement, even if the endorsement has expired, provided—

      • (a) the endorsement has not been surrendered for more than 5 years; and

      • (b) the endorsement has not been expired for more than 5 years; and

      • (c) the applicant complies with clause 71(2)(a) (which relates to the renewal of special-type vehicle endorsements).

      (6) The Director may reinstate a surrendered passenger, vehicle recovery, driving instructor, or testing officer endorsement, even if the endorsement has expired, provided—

      • (a) the endorsement has not been surrendered for more than 5 years; and

      • (b) the endorsement has not been expired for more than 5 years; and

      • (c) the applicant complies with clause 70(2) as it relates to the endorsements referred to in this subclause.

      (7) The Director may reinstate a surrendered dangerous goods endorsement only if—

      • (a) the endorsement has not expired; and

      • (b) the applicant complies with clause 70(3) (which relates to the renewal of a dangerous goods endorsement).

34 Recognition of overseas driver licence or permit
  • (1) Clause 88(1)(a) and (b) of the principal rule is amended by inserting,—

    • (a) after the word valid, in both places where it appears, the words and current ; and

    • (b) after the word issued, in both places where it appears, the word overseas.

    (2) Clause 88 of the principal rule is amended by inserting, after subclause (1), the following subclause:

    • (1A) Subclause (1) does not apply unless—

      • (a) the overseas driver licence or permit is written in English; or

      • (b) the person who holds the overseas driver licence or permit also carries an accurate English translation of the licence or permit.

    (3) Clause 88(2) of the principal rule is amended by revoking paragraph (a), and substituting the following paragraph:

    • (a) the person has remained in New Zealand for a continuous period of 12 months; or.

    (4) Clause 88(2)(c) of the principal rule is amended by inserting, before the word licence in the second place where it occurs, the words overseas driver, and by adding the word ; or.

    (5) Clause 88(2) of the principal rule is amended by adding the following paragraph:

    • (d) the person obtains a New Zealand driver licence.

    (6) Clause 88 of the principal rule is amended by adding the following subclause:

    • (3) In this clause and clause 89, accurate English translation means a translation prepared by—

      • (a) a diplomatic representative at a high commission, embassy, or consulate; or

      • (b) the overseas issuing authority; or

      • (c) a translation service acceptable to the Director.

35 New heading inserted
  • The principal rule is amended by inserting, above clause 89, the following heading:

    Overseas driver licence conversion.

36 New clauses 89 and 89A substituted
  • The principal rule is amended by revoking clause 89, and substituting the following clauses:

    89 Obtaining New Zealand driver licence
    • (1) A person is entitled to apply for, and be issued with, a New Zealand driver licence to drive the same class or classes of vehicle if that person holds an overseas driver licence or permit of a type specified in clause 88(1)(a), even if that licence has expired within the 12 months immediately preceding the date of application.

      (2) Before a New Zealand driver licence may be issued under subclause (1), the person must—

      • (a) apply for a driver licence under clause 9 and comply with the requirements of clauses 10 to 14; and

      • (b) pass the appropriate theory test under clause 45 for the class of driver licence that the person is applying for; and

      • (c) unless clause 89A(1)(b) applies, pass the appropriate practical driving test in accordance with clauses 48, 49, 51, and 53; and

      • (d) produce his or her overseas driver licence or permit, as specified in clause 88(1)(a), and, if the overseas driver licence or permit is not in English, an accurate English translation of the overseas driver licence or permit; and

      • (e) sign a statement that—

        • (i) the person's overseas driver licence or permit is not suspended or revoked; and

        • (ii) the person is not disqualified from holding or obtaining a driver licence or permit in the country where the overseas driver licence or permit was issued; and

      • (f) produce a medical certificate issued in New Zealand in accordance with clause 44, in the case of—

        • (i) a person applying under this clause for a New Zealand driver licence of Classes 2 to 5; or

        • (ii) a person 75 years of age or over applying under this clause for a New Zealand driver licence of any class.

      (3) A person is entitled to be issued with a licence under subclause (4) if—

      • (a) subclause (1) applies to that person; and

      • (b) he or she complies with subclause (2)(b); and

      • (c) clause 89A(1)(b) does not apply to that person.

      (4) A person who satisfies the requirements of subclause (3) is entitled to be issued, as appropriate, with either—

      • (a) a driver licence issued subject to the condition specified in clause 16(1)(a); or

      • (b) a Class 6 learner licence.

      (5) A condition imposed under subclause (4)(a) continues in force until the person to whom it applies passes the appropriate practical driving test required by subclause (2)(c).

    89A Requirements not applying to overseas drivers
    • (1) A person who applies for a New Zealand driver licence under clause 89 is not required—

      • (a) to comply with the minimum time requirements prescribed in the tables to clauses 15, 17, and 19; or

      • (b) to sit the appropriate practical driving test required by clause 89(2)(c) if he or she has held, for at least 2 years, a valid overseas driver licence or permit issued in a country specified in Schedule 8 or in any other country notified by the Director in the Gazette in accordance with subclause (2).

      (2) For the purpose of subclause (1)(b), the Director may approve, by notice in the Gazette, any country not specified in Schedule 8.

37 Director may approve courses
  • Clause 93 of the principal rule is amended by adding the following paragraph:

    • (f) courses assessing the driving experience, knowledge, and skills of a person 25 years of age or over and holding a Class 2, 3, or 4 driver licence, for the purpose of waiving the requirement for that person to hold the licence for at least 3 months.

38 Requirements for approval of course
  • Clause 94 of the principal rule is amended by revoking subclause (5), and substituting the following subclause:

    • (5) To be approved, a course for a purpose specified in clause 93(b)(v) to (viii) or (c) or (f) must be designed so that a person who has completed the course will have demonstrated the experience, knowledge, and skills to operate safely and proficiently the motor vehicle to which that class of licence or type of endorsement relates.

39 Obtaining new driver licence
  • Clause 113(2) of the principal rule is amended by omitting the word rule wherever it occurs, and substituting in each case the word clause.

40 New Schedule 3 substituted
  • The principal rule is amended by revoking Schedule 3, and substituting the Schedule 3 set out in Schedule 4.

41 Schedule 6 amended
  • (1) Schedule 6 of the principal rule is amended by revoking clause 2 in each of Parts A, B, and C, and substituting in each case the following clauses:

    2
    • To pass, the applicant must have a total score of at least 80% Yes marks in Part 1 of the test and at least 80% Yes marks across Parts 2 and 3 of the test.

    2A
    • With the approval of the Director, a maximum of 2 traffic situations may be conducted in lower speed areas, or in different locations, from those specified.

    (2) Schedule 6 of the principal rule is amended by,—

    • (a) inserting in clause 4 in Part A, above the item MU, the words RUC – Road User Charges; and

    • (b) revoking, after clause 4 in Part A, the Standard Full Licence Test (Class 1), and substituting the Standard Full Licence Test (Class 1) set out under the heading Part A in Schedule 5; and

    • (c) inserting in clause 4 in Part B, above the item MU, the words RUC – Road User Charges; and

    • (d) revoking, after clause 4 in Part B, the Alternative Full Licence Test, and substituting the Alternative Full Licence Test set out under the heading Part B in Schedule 5; and

    • (e) revoking, after clause 4 in Part C, the Standard Full Licence Test (Class 6), and substituting the Standard Full Licence Test (Class 6) set out under the heading Part C in Schedule 5.

    (3) Schedule 6 of the principal rule is amended by revoking Parts E and F, and substituting the Parts E and F set out in Schedule 5.

42 Schedule 7 amended
  • (1) Schedule 7 of the principal rule is amended by omitting from clause (1)(c) the words restricted licence tests (Test A and Test B), and substituting the words restricted licence test (Classes 1 and 6) and full licence test (Classes 2 to 5).

    (2) Schedule 7 of the principal rule is amended by revoking clause 2 and the first clause 3 (practical test in relation to conducting Test B driving test), and substituting the following clause:

    2 Practical driving test for conducting restricted licence and full licence test
    • The applicant—

      • (a) must undertake research for and produce a test that meets the criteria set out in the Testing Officer's Manual for either the restricted licence test (Classes 1 and 6) specified in subpart 1 of Part E of Schedule 6 or the full licence test (Classes 2 to 5) specified in subpart 2 of Part E of Schedule 6; and

      • (b) must—

        • (i) conduct either a restricted licence test (Classes 1 and 6) or a full licence test (Classes 2 to 5)—

          • (A) using an appropriate motor vehicle; and

          • (B) with an appropriately licensed driver and the examiner; and

        • (ii) maintain a 90% consistency with the examiner in marking the scoresheet for the test.

    (3) Schedule 7 of the principal rule is amended by revoking clause 4, and substituting the following clause:

    4 Practical driving test for conducting full licence and older driver tests
    • The applicant—

      • (a) must undertake research for and produce a test that meets the criteria set out in the Testing Officer's Manual for a full licence test specified in Part A and Part B of Schedule 6; and

      • (b) must—

        • (i) conduct a full licence test—

          • (A) using an appropriate motor vehicle; and

          • (B) with an appropriately licensed driver and the examiner; and

        • (ii) maintain a 90% consistency with the examiner in marking the scoresheet for the test.

43 New Schedule 8 added
  • The principal rule is amended by adding the new Schedule 8 set out in Schedule 3.


Schedule 1
Objective of rule

cl 4

  • 1 This rule amends the Land Transport (Driver Licensing) Rule 1999 (SR 1999/100). That rule sets out the classification of driver licences and endorsements. It also sets out the requirements for obtaining, renewing, and replacing driver licences and endorsements, and for suspending, revoking, and surrendering driver licences and endorsements. It also includes requirements relating to the provision of services for driver licensing. It has previously been amended by the Land Transport (Driver Licensing) Amendment Rule 1999 (SR 1999/302).

  • 2 The principal objective of this amendment of the rule is to address problems arising in relation to the administration of the rule and to respond to the needs of the public made known to the New Zealand Transport Agency (formerly Land Transport New Zealand).

  • 3 The proposed amendments are intended to make the driver licensing system more sensitive to the needs of people, to improve efficiency, and to reduce compliance costs where possible. The proposed changes include specific proposals for novice drivers, commercial drivers, older drivers, and holders of overseas driver licences and permits.

  • 4 In summary, this amendment of the rule—

    • reduces the time that a lower class of full licence must be held before a learner licence of a higher class may be obtained for drivers aged 25 years and over; and

    • changes certain conditions relevant to Class 1L and 6L licences; and

    • allows passenger, driving instructor, testing officer, and vehicle recovery endorsements to be renewed before their expiry dates; and

    • provides further exemptions for personnel of the New Zealand Defence Force; and

    • extends the circumstances when a passenger endorsement is not required for escorting lawfully detained persons; and

    • clarifies the persons who may administer practical driving tests; and extends the powers of the Director to require a licence holder to complete an approved course; and

    • clarifies the circumstances in which practical driving tests may be terminated; and

    • enables the period of validity of a driver licence to be extended; and

    • allows a person to renew a licence without requalification if the licence has been expired for up to 5 years rather than up to 12 months; and

    • provides for circumstances when the automatic transmission condition can be removed from licences of older drivers; and

    • extends and clarifies the requirements relating to the conversion of an overseas driver licence to a New Zealand driver licence; and

    • requires an overseas driver with an overseas driver licence not written in English to carry an English translation of the licence; and

    • substitutes Schedule 3 and raises weight limits for certain licence classes; and

    • adds a discretion in Parts A, B, C, E, and F of Schedule 6 to conduct tests in different situations from those specified; and

    • aligns the restricted licence test for Classes 1 and 6 (Part E of Schedule 6) with the full licence test (Parts A and B of Schedule 6), and the older driver test (Part F of Schedule 6); and

    • sets out the requirements for the practical test for testing officers in relation to conducting the new restricted licence test (Schedule 7); and

    • adds new Schedule 8 that lists the countries from which a holder of a valid overseas driver licence or permit is not required to sit a practical driving test.

  • Schedule 1 clause 2: amended, on 1 August 2008, by section 50(2) of the Land Transport Management Amendment Act 2008 (2008 No 47).

Schedule 2
Consultation carried out under section 161(2) of Act

cl 5

  • 1 The proposed changes affect general drivers, novice drivers, commercial drivers, older drivers, and holders of overseas driver licences and permits.

  • 2 Some proposals arise from recommendations made in the independent report on the Review of the Cost and Management of the Driver Licensing Regime, which made some policy and administrative recommendations on improving the sensitivity of the driver licensing system. Land Transport New Zealand has also proposed some administrative changes to the rule to make the driver licensing system simpler and to reduce compliance costs.

  • 3 Consultation on the rule began in June 2002 when the public consultation (yellow) draft of the rule was made available. The draft rule was made available to people who registered an interest in the rule and it was also put on Land Transport New Zealand's website and was sent to libraries and transport organisations overseas. Land Transport New Zealand publicised the availability of the rule in 15 metropolitan and regional newspapers, the Gazette, and Te Maori News.

  • 4 A final round of consultation was undertaken in August-September 2004 on 8 additional proposed amendments that relate to the licensing of overseas drivers. This consultation was undertaken because of increasing public concern about the incidence of accidents involving overseas drivers.

Schedule 3
New Schedule 8 added to principal rule

cls 36, 43

Schedule 8
Countries from which holders of driver licence or permit not required to sit practical driving test

cl 89A(1)(b)

  • Australia

  • Austria

  • Belgium

  • Canada

  • Denmark

  • Finland

  • France

  • Germany

  • Greece

  • Ireland

  • Italy

  • Luxembourg

  • Norway

  • Portugal

  • South Africa

  • Spain

  • Sweden

  • Switzerland

  • The Netherlands

  • United Kingdom

  • United States of America

Schedule 4
New Schedule 3 substituted in principal rule

cl 40

Schedule 3
Classes of driver licence

cl 7

Licence classesMotor vehicle to which licence relates
Classes 1, 1L, and 1R(a)a motor vehicle (including a tractor but excluding a motorcycle) that has a gross laden weight of not more than 4 500 kg, or a combination vehicle that has a gross combined weight of not more than 4 500 kg
 (b)a motorised mobile home or self-propelled caravan that has a gross laden weight of not more than 6 000 kg, provided its on-road weight does not exceed 4 500 kg
 (c)a tradeperson's vehicle that has a gross laden weight of not more than 6 000 kg, provided its on-road weight does not exceed 4 500 kg
Class 1(a)a special-type vehicle that is a forklift or runs on rollers or self-laying tracks and has a gross laden weight of not more than 18 000 kg
 (b)a special-type vehicle that runs on wheels and has a gross laden weight of—
  (i) not more than 4 500 kg; or
  (ii) more than 4 500 kg but less than 18 001 kg, if driven at a speed not exceeding 30 kph
Classes 2 and 2L(a)a rigid vehicle (including a tractor) with a gross laden weight of more than 4 500 kg but less than 18 001 kg
 (b)a combination vehicle (other than a combination vehicle that comes within paragraph (c)) that has a gross combined weight of not more than 12 000 kg
 (c)a combination vehicle consisting of a rigid vehicle (with a gross laden weight of not more than 18 000 kg) towing a light trailer
 (d)a rigid vehicle with a gross laden weight of more than 18 000 kg with not more than 2 axles
Class 2(a)a special-type vehicle that is a forklift or runs on rollers or self-laying tracks and has a gross laden weight of more than 18 000 kg
 (b)a special-type vehicle that runs on wheels and has a gross laden weight of more than 4 500 kg but less than 18 001 kg, if driven at a speed exceeding 30 kph
 (c)a special-type vehicle that runs on wheels and has a gross laden weight of more than 18 000 kg, if driven at a speed not exceeding 30 kph
Classes 3 and 3La combination vehicle (other than a combination vehicle that comes within paragraph (c) of the definition of Licence Classes 2 and 2L) that has a gross combined weight of more than 12 000 kg but less than 25 001 kg
Classes 4 and 4L(a)a rigid vehicle (including a tractor) with a gross laden weight of more than 18 000 kg
 (b)a combination vehicle consisting of a rigid vehicle (with a gross laden weight of more than 18 000 kg) towing a light trailer
Class 4a special-type vehicle that runs on wheels and has a gross laden weight of more than 18 000 kg if driven at a speed exceeding 30 kph
Classes 5 and 5La combination vehicle with a gross combined weight of more than 25 000 kg
Classes 6, 6L, and 6Ra motorcycle, moped, or all-terrain vehicle

Schedule 5
New tests substituted in Parts A, B, and C of Schedule 6 of principal rule, and new Parts E and F substituted in Schedule 6 of principal rule

cl 41

A
Standard Full Licence Test (Class 1)

.
.
.
.

B
Alternative Full Licence Test

.
.
.
.

C
Standard Full Licence Test (Class 6)

.
.
.
.

E
Restricted licence and full licence tests

1Restricted licence test (Classes 1 and 6)

  • 1 The restricted licence test (Classes 1 and 6) must be conducted in 3 parts as follows:

    • (a) Part 1 must be conducted in a low speed area (up to 60 km/h) and assesses the applicant's ability to safely and legally control a motor vehicle in simple driving situations:

    • (b) Part 2 must be conducted in a low speed area (up to 60 km/h) and assesses the applicant's ability to safely and legally control a motor vehicle in more complex driving situations (eg, higher traffic density, multiple lane roadways, or intersections):

    • (c) If practicable, Part 3 must be conducted in a higher speed area (70 to 100 km/h) and assesses the applicant's ability to safely and legally control a motor vehicle in more complex driving situations (eg, higher traffic density, multiple lane roadways, or intersections).

  • 2 With the approval of the Director, a maximum of 2 traffic situations may be conducted in a lower speed area, or in a different location, from those specified.

  • 3 If the restricted licence test (Class 6) is conducted, the Mirror Use criteria must not be assessed or included in the calculation of the test score.

  • 4 The applicant's performance must be marked according to the forms set out in this Part. To pass, the applicant must have a total score of at least 80% Yes marks across Parts 1, 2, and 3 of the test.

  • 5 The abbreviations used in the forms set out in this Part are as follows:

    AAhead
    BBehind
    LLeft
    NNo
    OOncoming
    RRight
    YYes
    BRBraking
    GSGap selection
    HCHead check
    MUMirror use
    POPosition
    RUCRoad user charges
    SCSpeed control
    SESearch
    SUSignal use
.
.
.

2Full licence test (Classes 2 to 5)

.
.
.

F
Older driver test

  • 1 The older driver test must be conducted in 3 parts as follows:

    • (a) Part 1 must be conducted in a low speed area (up to 60 km/h) and assesses the applicant's ability to safely and legally control a motor vehicle in simple driving situations:

    • (b) Part 2 must be conducted in a low speed area (up to 60 km/h) and assesses all of the performance criteria in Part 1 and hazard detection. Applicants must be asked to detect significant traffic hazards in 1 of 6 different traffic situations:

    • (c) Part 3 must be conducted mostly in medium speed areas (60 to 80 km/h) and assesses all of the performance criteria in Part 2. Applicants must be asked to detect significant traffic hazards in 1 of 4 different traffic situations.

  • 2 With the approval of the Director, a maximum of 2 traffic situations may be conducted in lower speed areas, or in different locations, from those specified.

  • 3 The applicant's performance must be marked according to the form set out in this Part. To pass, the applicant must have a total score of at least 80% Yes marks across Parts 1, 2, and 3 of the test.

  • 4 The applicant's performance in Part 1 of the test must be calculated at the completion of that Part. If the applicant does not score at least 80% Yes marks in Part 1, the test must be terminated and the applicant treated as having failed the test.

  • 5 The abbreviations used in the form set out in this Part are as follows:

    AAhead
    BBehind
    LLeft
    NNo
    OOncoming
    RRight
    YYes
    BRBraking
    GSGap selection
    HCHead check
    HDHazard detection
    MUMirror use
    POPosition
    SCSpeed control
    SESearch
    SUSignal use
.
.
.

Dated at Wellington this 22nd day of March 2006.

Harry James Duynhoven,

Minister for Transport Safety.

Explanatory note

This note is not part of the rule, but is intended to indicate its general effect.

This rule amends the Land Transport (Driver Licensing) Rule 1999. The majority of the amendments come into force on 1 June 2006. However, clauses 17(2) and 41(3), as they relate to the restricted licence test (Classes 1 and 6) come into force on 1 July 2006, meaning that the restricted licence test (Classes 1 and 6) applies on and after that date.

The rule is an ordinary rule made under the Land Transport Act 1998.

The objective of the rule is set out in Schedule 1.


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

Date of notification in Gazette: 30 March 2006.


Contents

  • 1General

  • 2About this eprint

  • 3List of amendments incorporated in this eprint (most recent first)


Notes
1 General
  • This is an eprint of the Land Transport (Driver Licensing) Amendment Rule 2006. It incorporates all the amendments to the Land Transport (Driver Licensing) Amendment Rule 2006 as at 1 August 2008. The list of amendments at the end of these notes specifies all the amendments incorporated into this eprint since 4 September 2007. Relevant provisions of any amending enactments that contain transitional, savings, or application provisions are also included, after the Principal enactment, in chronological order.

2 About this eprint
  • This eprint has not been officialised. For more information about officialisation, please see Making online legislation official under Status of legislation on this site in the About section of this website.

3 List of amendments incorporated in this eprint (most recent first)
  • Land Transport Management Amendment Act 2008 (2008 No 47): section 50(2)