Land Transport (Offences and Penalties) Amendment Regulations (No 2) 2007

2007/265

Land Transport (Offences and Penalties) Amendment Regulations (No 2) 2007


Note

These regulations are administered by the Ministry of Transport.


  • Preamble

    At Wellington this 3rd day of September 2007

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

1 Title
  • These regulations are the Land Transport (Offences and Penalties) Amendment Regulations (No 2) 2007.

2 Commencement
  • These regulations come into force on 1 October 2007.

3 Principal regulations amended
  • These regulations amend the Land Transport (Offences and Penalties) Regulations 1999.

4 Interpretation
  • Regulation 2(1) is amended by revoking the definition of provision and substituting the following definition:

    provision means—

    • (a) a provision of the Land Transport Rules; or

    • (b) a section of the Act.

5 Impoundment of motor vehicles
  • The heading to regulation 8 is amended by adding under section 96 of Act.

6 New regulation 8A inserted
  • The following regulation is inserted after regulation 8:

    8A Impoundment of motor vehicles under section 96A of Act
    • A notice acknowledging the seizure and impoundment of a motor vehicle that is to be given to the driver and registered owner of the vehicle, and to the storage provider under section 96A of the Act, must be in the form set out in Schedule 5 or a form to the same effect.

7 Schedule 1 amended
  • (1) Schedule 1 is amended by inserting the heading and items set out in Part 1 of Schedule 1 of these regulations above the heading Dangerous Goods 2005 (45001/1):.

    (2) The item relating to 4.2(2) under the heading of Land Transport (Road User) Rule 2004 (61001): in Schedule 1 is amended by omitting Driver of left-turning vehicle fails to give way to vehicle not turning, and approaching right turning vehicle and substituting Driver of vehicle changing lanes or turning fails to give way to vehicle not changing lanes or turning.

    (3) Schedule 1 is amended by inserting the following item after the item relating to 4.2(2) under the heading of Land Transport (Road User) Rule 2004 (61001)::

    4.2(2A)Driver of left-turning vehicle fails to give way to an approaching right-turning vehicle1,000150

    (4) Schedule 1 is amended by inserting the heading and items set out in Part 2 of Schedule 1 of these regulations above the heading Passenger Service Vehicles 1999 (31001):.

    (5) Schedule 1 is amended by adding the items set out in Part 3 of Schedule 1 of these regulations.

8 Schedule 2 amended
  • (1) The item relating to the Land Transport Act 1998 in Part 1 of Schedule 2 is amended by adding the following:

    79RPerson produces logbook with 1-5 omissions10
    79RPerson produces logbook with 6-10 omissions20
    79RPerson produces logbook with 11 or more omissions30
    79RPerson fails to produce logbook35

    (2) The item relating to rule 4.2(2) of the Land Transport (Road User) Rule 2004 (61001) in Part 1 of Schedule 2 is amended by omitting Driver of left-turning vehicle fails to give way to vehicle approaching or crossing from right and substituting Driver of vehicle changing lanes or turning fails to give way to vehicle not changing lanes or turning.

    (3) The item relating to the Land Transport (Road User) Rule 2004 (61001) in Part 1 of Schedule 2 is amended by inserting the following item after the item relating to rule 4.2(2):

    2.2(2A)Driver of left-turning vehicle fails to give way to an approaching right-turning vehicle20

    (4) Part 1 of Schedule 2 is amended by adding the items set out in Schedule 2 of these regulations.

9 New Schedule 5 added
  • The Schedule 5 set out in Schedule 3 of these regulations is added.


Schedule 1
Amendments to Schedule 1

r 7(1), (4), (5)

1
Heading and items inserted above heading Dangerous Goods 2005 (45001/1):

ProvisionBrief descriptionMaximum penalty on summary for individual ($)Maximum penalty on summary conviction for body corporate ($)Infringement fee for individual ($)Infringement fee for body corporate ($)
Land Transport Act 1998:
79RPerson produces logbook with 1-5 omissions150
79RPerson produces logbook with 6-10 omissions300
79RPerson produces logbook with 11 or more omissions500
79RPerson fails to produce log-book500

2
Heading and items inserted above heading Passenger Service Vehicles 1999 (31001):

ProvisionBrief descriptionMaximum penalty on summary conviction for individual ($)Maximum penalty on summary conviction for body corporate ($)Infringement fee for individual ($)Infringement fee for body corporate ($)
Operator Licensing 2007 (81001):
2.3Holder of transport service licence must notify the Director of specified changes, and within specified time1,0005,0002001,000
2.4(1)Owner of vehicle used under transport service licence must obtain from user of vehicle a certificate of responsibility before vehicle is used in the service1,0005,0002001,000
2.4(3)Holder of transport service licence must notify the Director of specified changes, and within specified time1,0005,0002001,000
2.4(4)Owner of vehicle obtaining certificate of responsibility must retain it for prescribed period and produce it on demand1,0005,0002001,000
2.5(3)Licensee must return recovered original licence or other document for which a duplicate has been issued1,0005,0002001,000
2.6Licensee must return amended, revoked, or surrendered licence within 7 days of a request by the Director2,00010,0004002,000
3,2(1)Person must not drive a small passenger service vehicle unless holding and displaying a current driver identification card2,00010,0004002,000
3.2(7)Holder of a passenger service licence operating a small passenger service vehicle, and every driver of the vehicle, must ensure driver's identification card is compliant and is displayed in the vehicle1,0005,0002001,000
3.3(3)Driver of small passenger service vehicle must state correct scale or basis of fare2,00010,0004002,000
3.3(4)Driver of small passenger service vehicle must, at end of hire, demand no more than exact fare and other charges, less any prepayment2,00010,0004002,000
3.3(5)Driver of small passenger service vehicle must, on request by a hirer, issue an itemised receipt that indicates specified particulars2,00010,0004002,000
3.3(6)Driver of small passenger service must on request carry certain luggage and take care of luggage carried10005,0002001,000
3.3(8)Driver of small passenger service vehicle must check vehicle for left property immediately after each hire1,0005,0002001,000
3.3(9)Driver of small passenger service vehicle must notify office immediately of any left property and deliver it to police within 24 hours2,00010,0004002,000
3.3(10)Driver of small passenger service vehicle must not place or carry in vehicle any offensive substance1,0005,0002001,000
3.3(11)Driver of small passenger service vehicle not immediately for hire must not park so as to impede a vehicle that is available for hire1,0005,0002001,000
3.3(12)Driver of small passenger service vehicle must not stop on a road longer than necessary to load or unload passengers or luggage or for other lawful purpose1,0005,0002001,000
3.3(15)Driver of small passenger service vehicle must be clean and behave in orderly and civil manner2,00010,0004002,000
3.3(16)Driver of small passenger service vehicle at designated stand must remain in attendance of vehicle1,0005,0002001,000
3.3(17)Driver of small passenger service vehicle must not carry more than prescribed number of passengers2,00010,0004002,000
3.4Holder of a passenger service licence must not allow vehicle to be used with prohibited advertising1,0005,0002001,000
3.5(1)Holder of a passenger service licence operating a small passenger service vehicle must ensure complaints register is maintained4,00020,0007503,750
3.5(2)Complaints register must be maintained in respect of specified information2,00010,0004002,000
3.5(4)Entries in complaints register must be retained in register for 2 years2,00010,0004002,000
3.5(5)Complaints register must be available for inspection by enforcement officer2,00010,0004002,000
3.5(6)Complaints register must record specified information2,00010,0004002,000
3.5(7)Original written complaints must be retained as part of complaints register2,00010,0004002,000
4.2(1)Holder of passenger service licence operating a taxi must ensure specified information is displayed on inside and outside of vehicle2,00010,0004002,000
4.2(2)Holder of passenger service licence operating a taxi service must ensure that every taxi used under the licence displays transport service licence number in specified manner on outside of taxi2,00010,0004002,000
4.2(5)Name of approved taxi organisation and unique fleet number must be positioned in prescribed position inside vehicle2,00010,0004002,000
4.2(6)Specified information must be positioned in prescribed position on outside of vehicle2,00010,0004002,000
4.2(8)Holder of a passenger service licence operating a taxi service and driver must ensure that prescribed information is provided in Braille2,00010,0004002,000
ProvisionBrief descriptionMaximum penalty on summary conviction for individual ($)Maximum penalty on summary conviction for body corporate ($)Infringement fee for individual ($)Infringement fee for body corporate ($)
4.3(1) & (2)Holder of passenger service licence must ensure every taxi used under the licence has approved roof sign2,00010,0004002,000
4.3(3)Driver of taxi available for hire at night must ensure roof sign is illuminated2,00010,0004002,000
4.4(1)(a)Taxi driver cruising for hire must drive at a speed that does not impede traffic1,0005,0002001,000
4.4(1)(b)Taxi driver cruising for hire must display a for hire sign1,0005,0002001,000
4.4(2)Taxi driver, while available for hire, must, with certain exceptions, accept any offered hire and passenger up to the prescribed maximum1,0005,0002001,000
4.4(3)Taxi driver may allow only the hirer and persons permitted by the hirer to ride in the vehicle1,0005,0002001,000
4.4(4)Taxi driver must not pick up or set down a passenger if traffic hazard created or traffic flow impeded2,00010,0004002,000
4.4(5)Taxi driver must not accept a hire within 20 metres of a designated stand except in specified circumstances1,0005,0002001,000
4.4(6)Taxi driver must inform hirer when a change of tariff setting is made on a multiple tariff meter1,0005,0002001,000
4.5(1)Taxi not available for hire must not take up position at a designated stand1,0005,0002001,000
4.5(2)Taxi driver must take up first vacant position at a designated stand1,0005,0002001,000
4.5(3)Taxi must immediately move to position on stand vacated by vehicle in front1,0005,0002001,000
4.5(4)Taxi driver must accept first hire offered unless lawful reason to refuse2,00010,0004002,000
4.6(2)Taxi driver wishing to undertake multiple hire must first request existing hirer to share1,0005,0002001,000
4.6(3)Taxi driver must not include prospective hirer or other person if existing hirer objects2,00010,0004002,000
4.6(5)Taxi driver undertaking a multiple hire must not charge each hirer more than the metered fare otherwise payable4,00020,0007503,750
4.7(1) & (2)Holder of a passenger service licence operating a taxi must ensure compliant schedule of fares, charges, and multiple hire discounts is displayed on outside of taxi2,00010,0004002,000
4.7(3)Fare schedule must be clearly displayed on outside front passenger door2,00010,0004002,000
4.7(4)Person must not drive taxi if fare schedule not displayed2,00010,0004002,000
4.8(1)Holder of a passenger service licence operating a taxi must display a schedule of fares, charges, and multiple hire discounts containing specified information in prescribed manner1,0005,0002001,000
4.8(4)Person must not drive taxi hired or available for hire if schedule not displayed2,00010,0004002,000
4.9(2)Person must not display fares, charges, or multiple hire discounts not registered with the Director2,00010,0004002,000
4.10(1)Taxi driver must not charge a fare that exceeds fare stated in registered fare schedule4,00020,0007503,750
4.11(1)A meter must not be used until tested, sealed and certificated by the Director or authorised person4,00020,0007503,750
4.11(3)Taxi driver must carry taxi meter certificate in vehicle and produce it on demand2,00010,0004002,000
4.11(4)Taxi driver or operator of taxi service must not operate taxi, or allow taxi to be operated, unless taxi fitted with compliant meter in good working order2,00010,0004002,000
4.11(5)Taxi driver must operate meter in prescribed manner2,00010,0004002,000
4.11(6)Taxi driver must not use meter with intent to deceive, or operate vehicle if meter has been tampered with10,00050,000
4.11(7)(a)Holder of a passenger service licence operating a taxi service must maintain meter in good working order and have it regularly tested, sealed, and certificated4,00020,0007503,750
4.11(7)(b)Holder of a passenger service licence operating a taxi service must ensure driver ceases to ply for hire if meter is out of order or its seal is broken, and ensure meter is repaired, tested, sealed, and certificated4,00020,0007503,750
4.11(7)(c)Holder of a passenger service licence operating a taxi service must ensure meter is retested, sealed and certificated in prescribed circumstances before carrying passengers for hire4,00020,0007503,750
4.11(8)Holder of a passenger service licence operating a taxi service must ensure vehicle is not available for hire if meter found to be not registering or registering incorrectly, until meter repaired, sealed, and certificated4,00020,0007503,750
4.12Taxi driver must use most advantageous route to hirer's destination, unless hirer requests otherwise2,00020,0004002,000
4.13(2)Person must not cause or permit taxi driver to accept a hire in specified area unless driver holds area knowledge certificate for that area2,00010,0004002,000
ProvisionBrief descriptionMaximum penalty on summary conviction for individual ($)Maximum penalty on summary conviction for body corporate ($)Infringement fee for individual ($)Infringement fee for body corporate ($)
4.13(6)Taxi driver in Auckland or Wellington must hold all applicable area knowledge certificates2,00010,0004002,000
4.13(9)Taxi driver must not accept a hire in specified area unless driver holds area knowledge certificate for that area2,00010,0004002,000
4.13(15)Taxi driver must take an English language test or complete a course if required to do so by the Director2,00010,0004002,000
4.13(17)Area knowledge certificate must not be issued unless applicant has passed approved test4,00020,0007503,750
5.1(3)A shuttle must not be fitted with a roof sign2,00010,0004002,000
5.1(4)A shuttle must not use taxi meter to determine fares2,00010,0004002,000
5.1(5)A shuttle must not cruise for hire2,00010,0004002,000
5.1(6)A shuttle must be available for shared use of unassociated passengers2,00010,0004002,000
5.2(1)Holder of passenger service licence operating a shuttle service must ensure specified information is displayed on inside and outside of vehicle2,00010,0004002,000
5.2(2)Holder of passenger service licence operating a shuttle service must ensure transport service licence number is displayed in specified manner on outside of shuttle2,00010,0004002,000
5.2(4)Specified information must be displayed inside vehicle in prescribed position2,00010,0004002,000
5.2(5)Specified information must be positioned in prescribed positions on outside of vehicle2,00010,0004002,000
5.3Shuttle driver, while available for hire, must accept any hire for shared use and the hirer as a passenger2,00010,0004002,000
5.4(1)Shuttle service must be operated to or from a registered starting or end point2,00010,0004002,000
5.4(3)Holder of passenger service licence operating a shuttle service must register service and general area of operation with the Director before commencing service2,00010,0004002,000
5.4(5)Shuttle driver must carry copy of Director's registration of acknowledgement, and produce it on demand2,00010,0004002,000
5.4(6)Shuttle passenger must be uplifted or set down at registered transit point2,00010,0004002,000
5.5(1)Shuttle driver must only charge fare registered with the Director or agreed with passenger2,00010,0004002,000
5.5(2)Holder of passenger service licence operating a shuttle service must ensure detailed fare schedule is carried in shuttle2,00010,0004002,000
5.5(4)Shuttle driver must produce detailed fare schedule to passenger upon request2,00010,0004002,000
5.5(7)Person must not drive shuttle available for hire unless notice containing specified information is displayed inside or outside shuttle and driver carries detailed fare schedule2,00010,0004002,000
5.6(1)Shuttle driver available for hire must take up position at a designated shuttle stand or area designated for small passenger service vehicles (except areas designated for taxis only)1,0005,0002001,000
5.6(2)Shuttle driver must take up first vacant position at a stand1,0005,0002001,000
5.6(3)Shuttle driver must immediately move to position on stand vacated by vehicle in front1,0005,0002001,000
5.7(1)Shuttle service must not be commenced until fare schedule registered with and acknowledged by the Director2,00010,0004002,000
5.7(3)Shuttle driver must not charge a fare that exceeds fare stated in registered fare schedule4,00020,0007503,750
6.1(2)Private hire vehicle must not cruise for hire2,00010,0004002,000
6.1(3)Private hire vehicle must not be fitted with a roof sign2,00010,0004002,000
6.1(4)Private hire vehicle must be prebooked2,00010,0004002,000
6.1(5)Driver of private hire vehicle must not use taxi meter to determine fares2,00010,0004002,000
6.1(6)Driver of private hire vehicle must charge only a set fare or an hourly rate agreed with passenger when booking2,00010,0004002,000
6.1(7)Private hire service operator must register details of nature of service and area of operation with Director before commencing service2,00010,0004002,000
6.2Driver of private hire vehicle must carry specified information and a copy of the Director's acknowledgement of registration in vehicle and produce them on demand2,00010,0004002,000
6.3(1)Driver of private hire vehicle must not take up position at a stand designated for small passenger service vehicles (not being for taxis or shuttles only) unless waiting for prebooked passenger1,0005,0002001,000
7.1(2)Operator of passenger service using small passenger service vehicle not operated in taxi, shuttle or private hire service must register service with, and seek approval of, the Director2,00010,0004002,000
7.1(4)Driver of small passenger service vehicle not operated in taxi, shuttle or private hire service must carry a copy of Director's approval and produce it on demand2,00010,0004002,000
ProvisionBrief descriptionMaximum penalty on summary conviction for individual ($)Maximum penalty on summary conviction for body corporate ($)Infringement fee for individual ($)Infringement fee for body corporate ($)
7.3Driver of small passenger service vehicle not operated in taxi, shuttle, or private hire service must be clean and behave in orderly and civil manner while operating vehicle2,00010,0004002,000
8.3(2)At least one person in control of approved taxi organisation must hold certificate of knowledge of law and practice10,00020,0002,0003,750
8.4(1)Approved taxi organisation must submit proposed amendment to approved operating rules to Director for approval10,00010,0002,0002,000
8.4(3)Approved taxi organisation must ensure members and drivers comply with approved operating rules10,00010,0002,0002,000
8.5(1)(a)Approved taxi organisation must ensure each member operating a taxi service holds a passenger service licence10,00010,0002,0002,000
8.5(1)(b)Approved taxi organisation must ensure members' services are available to public for specified period or in specified manner10,00010,0002,0002,000
8.5(1)(c)Approved taxi organisation must ensure that, as soon as signage approved, telephone numbers are advertised in White Pages10,00010,0002,0002,000
8.5(1)(d)Approved taxi organisation must assign unique fleet numbers to members' vehicles10,00010,0002,0002,000
8.5(1)(e)Approved taxi organisation must maintain a member and driver register containing prescribed information10,00010,0002,0002,000
8.5(1)(f)Approved taxi organisation must maintain a complaints register and comply with specified requirements10,00010,0002,0002,000
8.5(1)(g)Approved taxi organisation must ensure members and drivers hold appropriate area knowledge certificates10,00010,0002,0002,000
8.5(1)(h)Approved taxi organisation must ensure members and drivers maintain adequate knowledge of current operating area, and have appropriate ability to speak English10,00010,0002,0002,000
8.5(1)(i)Approved taxi organisation must ensure each driver holds a current driver licence, P endorsement, and driver identification card10,00010,0002,0002,000
8.5(1)(j)Approved taxi organisation must notify the Director of change in person in control within 14 days10,00010,0002,0002,000
8.5(1)(k)Approved taxi organisation must notify the Director of change in business address or telephone number within 14 days10,00010,0002,0002,000
8.5(1)(1)Approved taxi organisation must report promptly to the Director details of driver whose employment is terminated for improper behaviour10,00010,0002,0002,000
8.5(1)(m)Approved taxi organisation must report promptly to the Director serious complaints and follow-up action10,00010,0002,0002,000
8.5(1)(n)Approved taxi organisation must provide to the Director all information relevant to serious complaints10,00010,0002,0002,000
8.5(1)(o)Approved taxi organisation must record log-on and log-off times of drivers and retain records for specified period10,00010,0002,0002,000
8.5(1)(p)Approved taxi organisation must make member and driver register available for inspection on demand10,00010,0002,0002,000
8.5(1)(q)Approved taxi organisation must ensure members display only signage currently approved by the Director, and display the fare schedule and telephone number for that signage10,00010,0002,0002,000
8.5(1)(r)Approved taxi organisation must ensure members discontinue use of replaced signage10,00010,0002,0002,000
8.5(1)(s)Approved taxi organisation must ensure changes to approved signage, or additional signage, are approved by the Director10,00010,0002,0002,000
8.6(1)Approved taxi organisation must register fare, charge, and multiple hire discount schedules with the Director10,00010,0002,0002,000
8.7(1)Approved taxi organisation must notify the Director of changes to its operating areas10,00010,0002,0002,000
9.1(1)Holder of rental service licence must keep register of vehicles and hirers containing prescribed information2,00010,0004002,000
9.1(2)Holder of rental service licence must produce register for inspection2.00010.0004002,000
9.2(1)Holder of rental service licence and hirer of vehicle must enter into written rental agreement2,00010,0004002,000
9.2(2)Rental agreement must include prescribed terms2,00010,0004002,000
9.2(3)Holder of rental service licence must ensure hirer receives copy of rental agreement2,00010,0004002,000
9.2(4)Holder of rental service licence must explain provisions of rental agreement if requested by hirer1,0005,0002001,000
9.2(5)Holder of rental service licence must ensure hirer or driver holds current valid licence appropriate for vehicle2,00010,0004002,000
9.3(2)Hirer of vehicle must ensure copy of rental agreement is kept in vehicle and produced on demand for inspection1,0005,0002001,000
9.4(1)Holder of rental service licence must offer vehicle insurance before agreeing to hire1,0005,0002001,000
9.5(3)Holder of rental service licence must not charge infringement fee to hirer's credit card unless rental agreement contains specified notices2,00010,0004002,000
ProvisionBrief descriptionMaximum penalty on summary conviction for individual ($)Maximum penalty on summary conviction for body corporate ($)Infringement fee for individual ($)Infringement fee for body corporate ($)
9.5(5) & 9.5(6)Holder of rental service licence must provide specified documents and information to hirer before debiting hirer's credit card for infringement fee2,00010,0004002,000
9.5(8)Holder of rental service licence must keep copies of documents for specified period2,00010,0004002,000
9.5(9)Holder of rental service must remit infringment fee to enforcement authority as soon as practicable2,00010,0004002,000
10.1(1)Holder of vehicle recovery service licence must ensure prescribed information is clearly displayed in approved form on and in vehicle2,00010,0004002,000
10.1(2)Holder of vehicle recovery service licence must ensure specified information is displayed on outside of vehicle2,00010,0004002,000
10.1(4)Specified information must be positioned in prescribed position on outside of vehicle2,00010,0004002,000
10.3(1)Driver of vehicle recovery service vehicle must wear a readily visible driver identification card2,00010,0004002,000
10.4Driver of vehicle recovery service vehicle must behave in orderly and civil manner2,00010,0004002,000
10.5(1)Driver of vehicle recovery service vehicle must ensure passengers do not behave threateningly or improperly4,00020,0007503.750
10.6(1)Driver of vehicle recovery service vehicle must comply with directions of specified officers2,00010,0004002,000
10.6(2)Driver of vehicle recovery service vehicle must ensure removal of passengers if directed by specified officers2,00010,0004002,000
10.7Holder of vehicle recovery service licence must not allow vehicle to be used with prohibited advertising1,0005,0002001,000
10.8(1)Holder of vehicle recovery service licence and vehicle driver must not allow animal to be transported4,00020,0007503,750
10.9(1)Tow authority must be completed, carried, and produced on demand if vehicle being towed2.00010,0004002,000
10.9(2)Tow authority must be in approved form and contain prescribed information2,00010,0004002,000
10.10(1)Person may not move vehicle using a vehicle recovery service vehicle unless tow authority signed by specified person2,00010,0004002,000
10.11Driver of vehicle recovery service vehicle must tow a vehicle to destination without unreasonable delay or deviation2,00010,0004002,000
10.12Holder of vehicle recovery service licence and vehicle driver must prevent loss or damage to towed vehicle2,00010,0004002,000
10.13(1)Holder of vehicle recovery service licence must maintain chronological register of all tow authorities for each vehicle operated2,00010,0004002,000
10.13(3)Tow authority register must be made available for inspection2,00010,0004002,000
10.14(1)Holder of vehicle recovery service licence operating a vehicle recovery service vehicle must ensure complaints register is maintained and specified requirements are complied with4,00020,0007503,750
11.1(1)Holder of goods service licence operating a goods service vehicle must ensure specified information is displayed on outside of front doors of vehicle2,00010,0004002,000
11.2(1)Holder of passenger service licence operating a large passenger service vehicle must ensure specified information is displayed on outside of vehicle2,00010,0004002,000
11.2(6)Holder of passenger service licence operating a large passenger service vehicle must ensure complaints register is maintained and specified requirements are complied with4,00020,0007503,750
11.3(1)Driver of a dial-a-driver service must carry and produce on demand specified information2,00010,0004002,000
11.3(2)Driver of a dial-a-driver service must hold, and wear, a readily visible current driver identification card2,00010,0004002,000
11.3(7)Holder of passenger service licence operating a dial-a-driver service must ensure driver's identification card is compliant and is worn by driver2,00010,0004002,000
11.3(8)Holder of passenger service licence operating a dial-a-driver service must ensure complaints register is maintained and specified requirements are complied with4,00020,0007503,750

3
Items added to Schedule 1

ProvisionBrief descriptionMaximum penalty on summary conviction for individual ($)Maximum penalty on summary conviction for body corporate ($)Infringement fee for individual ($)Infringement fee for body corporate ($)
11.8(1)Removal, erasure, or alteration of VIN, chassis number, or engine number1,0001,000200200
11.8(3)Affixing of VIN not assigned to vehicle1,0001,000200200
11.8(4)Selling vehicle required to have VIN without VIN or with VIN removed, erased, or altered1,0001,000200200
Work Time and Logbooks 2007 (62001)
1.3(2)Driver must carry exemption document and produce without delay on demand by enforcement officer.1,0005,0002001,000
2.1(4)Taxi driver must not drive during rest break2,00010,0004002,000
2.1(4)Taxi driver must not display sign indicating taxi is available for hire during rest break1,0005,0002001,000
ProvisionBrief descriptionMaximum penalty on summary conviction for individual ($)Maximum penalty on summary conviction for body corporate ($)Infringement fee for individual ($)Infringement fee for body corporate ($)
2.2(16)Employer of essential service driver to record details of variation1,0005,0002001,000
2.2(17)Record in 2.2(16) to be retained for 12 months and produced to an enforcement officer on demand1,0005,0002001,000
2.4(2)(c)Commanding officer or other person in command of driver must carry a copy of work time hours variation1,0005,0002001,000
2.5(7)Requirement to carry approved work time hours variation and produce it to an enforcement officer on demand1,0005,0002001,000
2.5(8)Driver working with work time hours variation must observe limits and conditions2,00010,0004002,000
3.4(7)Requirement to produce approved alternative record to an enforcement officer on demand2,00010,0005002,000
4.2(1)Requirement to offer proof that exemption applies1,0005,0002001,000
4.5(2)Vehicle recovery service vehicles (requirement to complete and retain tow authorities)2,00010,0005002,000
4.5(6)Requirement to carry and produce copy of routes and times allocation to an enforcement officer on demand1,0005,0002001,000
4.7(4)Requirement to carry and produce exemption notice to an enforcement officer on demand1,0005,0002001,000
6.6(2)Requirement on holder of alternative fatigue management system to maintain and retain records5,00025,0001,0005,000
6.6(4)Drivers and contractors to comply with requirements of alternative fatigue management scheme approval2,00010,0004002,000
6.6(5)Employed drivers and contractors to comply with operating limits and countermeasures of alternative fatigue management scheme2,00010,0004002,000
6.6(6)Drivers and contractors to keep records of alternative fatigue management scheme2,00010,0004002,000
8.1(2)Failure to comply with existing exemptions from logbook use or driving hours2,00010,0004002,000

Schedule 2
Amendments to Schedule 2

r 8(4)

EnactmentSection or regulationGeneral description of offenceNumber of demerit points
3 Land Transport Rule: Work Time and Logbooks 2007 (62001)3.4(7)Requirement to produce approved alternative record to an enforcement officer on demand35
 4.5(2)Vehicle recovery service vehicles (requirement to complete and retain tow authorities)35
 6.6(6)Requirement on driver or contractor working within an alternative fatigue management scheme to keep records35

Schedule 3
New Schedule 5 added

r 9

Schedule 5
Form of vehicle seizure and impoundment notice

r 8A

Form
Vehicle seizure and impoundment notice

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Rebecca Kitteridge,

for 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 October 2007, amend the Land Transport (Offences and Penalties) Regulations 1999. The amendments set out the penalties for certain offences under the Land Transport Rule: Operator Licensing 2007 (81001) and the Land Transport Rule: Work Time and Logbooks 2007 (62001). The amendments also prescribe the form of the notice for vehicle seizure and impoundment under section 96A of the Land Transport Act 1998.


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

Date of notification in Gazette: 6 September 2007.