Accident Compensation (Motor Vehicle Account Levies) Regulations 2013

  • revoked
  • Accident Compensation (Motor Vehicle Account Levies) Regulations 2013: revoked, on 1 July 2014 (but continuing to apply in respect of any licensing period that commenced on or after 2 December 2013 but on or before 30 June 2014), by regulation 8(1) of the Accident Compensation (Motor Vehicle Account Levies) Regulations 2014 (LI 2014/161).

Reprint
as at 1 July 2014

Coat of Arms of New Zealand

Accident Compensation (Motor Vehicle Account Levies) Regulations 2013

(SR 2013/419)

Jerry Mateparae, Governor-General

Order in Council

At Wellington this 30th day of September 2013

Present:
His Excellency the Governor-General in Council

  • Accident Compensation (Motor Vehicle Account Levies) Regulations 2013: revoked, on 1 July 2014 (but continuing to apply in respect of any licensing period that commenced on or after 2 December 2013 but on or before 30 June 2014), by regulation 8(1) of the Accident Compensation (Motor Vehicle Account Levies) Regulations 2014 (LI 2014/161).


Note

Changes authorised by subpart 2 of Part 2 of the Legislation Act 2012 have been made in this official reprint.

Note 4 at the end of this reprint provides a list of the amendments incorporated.

These regulations are administered by the Ministry of Business, Innovation, and Employment.


Pursuant to sections 213(7), 216, and 329 of the Accident Compensation Act 2001, His Excellency the Governor-General, acting on the advice and with the consent of the Executive Council and on the recommendation of the Minister for ACC, makes the following regulations.

Regulations

1 Title
  • These regulations are the Accident Compensation (Motor Vehicle Account Levies) Regulations 2013.

2 Commencement
  • (1) The following provisions come into force on 2 December 2013:

    • (b) Part 3 of Schedule 1; and

    (2) The rest of these regulations come into force on 1 November 2013.

3 Interpretation
  • In these regulations,—

    ambulance has the same meaning as in section 2(1) of the Land Transport Act 1998

    Corporation means the Accident Compensation Corporation

    current portion, in relation to the motor vehicle levy, means a portion of the levy to provide for the purposes referred to in section 213(7)(a) of the Act

    exempted vehicle means—

    • (a) a motor vehicle that is described in regulation 77(3)(a), (b), (c), or (f) of the Land Transport (Motor Vehicle Registration and Licensing) Regulations 2011; or

    • (b) a motor vehicle of the kind described in the Schedule of the Land Transport Management (Apportionment and Refund of Excise Duty and Excise-Equivalent Duty) Regulations 2004; or

    • (c) a trailer that is attached to or being drawn by a motor vehicle to which paragraph (b) applies

    fire brigade has the same meaning as in section 2(1) of the Land Transport Act 1998

    fire brigade vehicle means a vehicle used by a fire brigade

    Fleet Safety Incentive Programme or Fleet Saver means the levy scheme for heavy goods service vehicles prescribed in Schedules 2 and 3

    fuel levy means the levy payable under sections 213(2)(c) and (3) and 214(4) of the Act

    goods service vehicle

    • (a) means a motor vehicle designed exclusively or principally for the carriage of goods (including animals and mail); but

    • (b) does not include a tractor

    heavy goods service vehicle means a goods service vehicle with a gross vehicle mass of more than 3 500 kilograms

    licensing period, in relation to a licence, means the period for which the licence has been issued under section 244(2) of the Land Transport Act 1998

    moped means a motor vehicle running on 2 or 3 wheels that is—

    • (a) fitted with a motor having a power output not exceeding 2 kilowatts; and

    • (b) designed to be ridden at a speed not exceeding 50 kilometres per hour under normal conditions of use

    motor spirits has the same meaning as in section 79A(2) of the Customs and Excise Act 1996

    motor vehicle

    • (a) has the same meaning as in section 2(1) of the Land Transport Act 1998; but

    • (b) despite paragraph (c) of that definition, includes any vehicle classified in Schedule 1 of these regulations

    motor vehicle levy means the levy payable under section 214(1) and (2) of the Act

    motorcycle

    • (a) means a motor vehicle running on 2 wheels, or not more than 3 wheels when fitted with a sidecar; and

    • (b) includes a vehicle with motorcycle controls that is approved as a motorcycle by the New Zealand Transport Agency; but

    • (c) does not include a moped

    motorcycle safety levy means the levy payable under section 214(3) of the Act

    non-petrol driven, in relation to a motor vehicle, means using a fuel other than petrol as the primary fuel for operation, regardless of whether the vehicle uses or is capable of using petrol

    passenger service vehicle has the same meaning as in section 2(1) of the Land Transport Act 1998

    passenger vehicle means a motor vehicle (other than a motorcycle or moped) designed exclusively or principally for the carriage of people not exceeding 9 in number inclusive of the driver

    petrol driven, in relation to a motor vehicle, means using petrol as the primary fuel for operation, regardless of whether the vehicle uses or is capable of using another fuel

    prescribed standards means the standards prescribed in Schedule 3

    registered owner, in relation to a vehicle, means the person registered under Part 17 of the Land Transport Act 1998 in respect of that vehicle

    residual portion, in relation to the motor vehicle levy, means a portion of the levy to provide for the purposes referred to in section 213(7)(b) of the Act

    specified vehicle means—

    • (a) a motor vehicle that is described in regulation 77(3)(e) of the Land Transport (Motor Vehicle Registration and Licensing) Regulations 2011; or

    • (b) a motor vehicle of a kind specified in Part 2 of Schedule 2 of the Land Transport (Motor Vehicle Registration and Licensing) Regulations 2011

    traction engine means a motor vehicle that—

    • (a) is propelled by steam power; and

    • (b) is not a rail vehicle within the meaning of section 4(1) of the Railways Act 2005; and

    • (c) is not designed for the carriage of goods or people other than the driver and any other people involved in its operation

    tractor means a motor vehicle (other than a traction engine) designed principally for traction at speeds not exceeding 50 kilometres per hour

    trade plate means a trade plate issued under Part 17 of the Land Transport Act 1998

    trailer

    • (a) means a vehicle without its own power source that is capable of being drawn or propelled by a motor vehicle from which it is readily detachable; but

    • (b) does not include—

      • (i) a sidecar (attached to a motorcycle); or

      • (ii) a vehicle normally propelled by mechanical power while it is being temporarily towed without the use of its own power

    veteran vehicle means a motor vehicle that was manufactured before 1 January 1919

    vintage vehicle means a motor vehicle that—

    • (a) was manufactured on or after 1 January 1919; but

    • (b) is at least 40 years old on the day that it is registered, reregistered, or licensed.

Fuel levy

4 Fuel levy
  • (1) The rate of fuel levy is 9.90 cents per litre of motor spirits.

    (2) The fuel levy is payable on and after 2 December 2013 with any excise or excise-equivalent duty payable on the motor spirits.

Motor vehicle levy and motorcycle safety levy

5 Motor vehicle levy and motorcycle safety levy
  • (1) Schedule 1—

    • (a) classifies types of motor vehicles, holders of trade plates, and registered owners of certain heavy goods service vehicles by risk rating; and

    • (b) specifies the annual rates of—

      • (i) the current portion and residual portion of the motor vehicle levy for the motor vehicles and holders of trade plates in each class; and

      • (ii) the motorcycle safety levy, if applicable to a class.

    (2) The motor vehicle levy and motorcycle safety levy are payable—

    • (a) for each licensing period that commences on or after 2 December 2013; and

    • (b) on application for one of the following:

      • (i) a licence for a motor vehicle, under section 244 of the Land Transport Act 1998:

      • (ii) a trade plate, under section 262 of the Land Transport Act 1998.

6 Lower motor vehicle levy rates for certain heavy goods service vehicles
  • (1) Part 3 of Schedule 1 specifies lower rates of the motor vehicle levy that are payable for a heavy goods service vehicle instead of the rates prescribed in Part 1 of Schedule 1 if the vehicle is in the Fleet Safety Incentive Programme prescribed in Schedules 2 and 3.

    (2) Different rates are payable depending on whether the safety management practices to which the vehicle is subject meet the prescribed standards to a bronze, silver, or gold level.

Miscellaneous provisions

7 Levies exclusive of GST
  • In accordance with section 214(5) of the Act, the rates of levy prescribed in these regulations are expressed exclusive of any goods and services tax payable.

8 Consequential amendment to Accident Compensation (Motor Vehicle Account Levies) Regulations 2012
9 Revocation and saving

Schedule 1
Motor vehicle levy

r 5

Part 1
Motor vehicle levy on licensed vehicles

Class of vehicles Classification description Motorcycle safety levy ($) Annual rate of current portion of motor vehicle levy ($) Annual rate of residual portion of motor vehicle levy ($) Total ($)
1 

Ambulances

Fire brigade vehicles

Exempted vehicles

Trailers

 Nil Nil Nil Nil
2 

All petrol driven vehicles not classified elsewhere, including—

  •  passenger vehicles

  •  self-propelled caravans

  •  mobile cranes

  •  passenger service vehicles

  •  hearses

 Nil 124.32 74.33 198.65
3 

Petrol driven—

  •  tractors

  •  veteran vehicles

  •  vintage vehicles

  •  specified vehicles

 Nil 43.31 26.22 69.53
4a 

Petrol driven mopeds

 30.00 65.15 34.18 129.33
4b 

Petrol driven motorcycles 600 cc or less

 30.00 217.83 80.08 327.91
4c 

Petrol driven motorcycles over 600 cc

 30.00 294.16 103.02 427.18
5L 

Petrol driven goods service vehicles 3 500 kg or less

 Nil 124.50 82.19 206.69
5H 

Petrol driven goods service vehicles over 3 500 kg

 Nil 83.96 154.19 238.15
6 

All non-petrol driven motor vehicles not classified elsewhere, including—

  •  passenger vehicles

  •  self-propelled caravans

  •  mobile cranes

  •  passenger service vehicles

  •  hearses

 Nil 247.26 74.33 321.59
7 

Non-petrol driven—

  •  tractors

  •  veteran vehicles

  •  vintage vehicles

  •  specified vehicles

 Nil 87.21 26.22 113.43
8a 

Non-petrol driven mopeds

 30.00 113.70 34.18 177.88
8b 

Non-petrol driven motorcycles 600 cc or less

 30.00 266.38 80.08 376.46
8c 

Non-petrol driven motorcycles over 600 cc

 30.00 342.71 103.02 475.73
9L 

Non-petrol driven goods service vehicles 3 500 kg or less

 Nil 273.40 82.19 355.59
9H 

Non-petrol driven goods service vehicles over 3 500 kg

 Nil 312.89 154.19 467.08

Part 2
Motor vehicle levy on holders of trade plates

Classification description Motorcycle Safety levy ($) Annual rate of current portion of motor vehicle levy ($) Annual rate of residual portion of motor vehicle levy ($) Total ($)

Holders of trade plates for trailers/caravans

 Nil Nil Nil Nil

Holders of trade plates for vehicles not classified elsewhere

 Nil 124.32 74.33 198.65

Holders of trade plates for mopeds and motorcycles 60 cc or less

 30.00 65.15 34.18 129.33

Holders of trade plates for motorcycles over 60 cc

 30.00 294.16 103.02 427.18

Part 3
Lower levies for registered owners participating in Fleet Safety Incentive Programme

Class of vehicles Classification description Annual rate of current portion of motor vehicle levy ($) Annual rate of residual portion of motor vehicle levy ($) Total ($)
5H 

Petrol driven goods service vehicles over 3 500 kg—

      
  
  •  vehicle in the Fleet Safety Incentive Programme and relevant safety management practices meet the prescribed standards to a bronze level

 69.28 138.77 208.05
  
  •  vehicle in the Fleet Safety Incentive Programme and relevant safety management practices meet the prescribed standards to a silver level

 47.31 115.64 162.95
  
  •  vehicle in the Fleet Safety Incentive Programme and relevant safety management practices meet the prescribed standards to a gold level

 25.34 92.52 117.86
9H 

Non-petrol driven goods service vehicles over 3 500 kg—

      
  
  •  vehicle in the Fleet Safety Incentive Programme and relevant safety management practices meet the prescribed standards to a bronze level

 281.60 138.77 420.37
  
  •  vehicle in the Fleet Safety Incentive Programme and relevant safety management practices meet the prescribed standards to a silver level

 234.67 115.64 350.31
  
  •  vehicle in the Fleet Safety Incentive Programme and relevant safety management practices meet the prescribed standards to a gold level

 187.73 92.52 280.25

Schedule 2
Fleet Safety Incentive Programme for heavy goods service vehicles

r 6

1 Interpretation
  • In this schedule,—

    applicant, in relation to an application under clause 2(2), means all of the applicants

    financial group means a group comprising—

    • (a) a company; and

    • (b) its subsidiaries

    fleet means a group of 5 or more heavy goods service vehicles that are subject to the same safety management practices

    full rate, in relation to a heavy goods service vehicle, means the applicable rate of motor vehicle levy payable under Part 1 of Schedule 1

    lower rate, in relation to a heavy goods service vehicle, means the applicable rate of motor vehicle levy payable under Part 3 of Schedule 1

    subsidiary means a subsidiary within the meaning of sections 5 to 8 of the Companies Act 1993.

Initial applications to join programme

2 Who may join Fleet Safety Incentive Programme
  • (1) A person may apply to the Corporation for 5 or more heavy goods service vehicles to join the Fleet Safety Incentive Programme if—

    • (a) he or she is the registered owner of all of the vehicles; and

    • (b) the vehicles are subject to the same safety management practices.

    (2) Two or more persons may apply jointly for 5 or more heavy goods service vehicles to join the Fleet Safety Incentive Programme if—

    • (a) those persons are—

      • (i) the registered owners of all of the vehicles; and

      • (ii) members of the same financial group; and

    • (b) all of the vehicles are subject to the same safety management practices (regardless of whether some or all of the vehicles are also subject to other safety management practices).

3 Applications to join Fleet Safety Incentive Programme
  • An application must be accompanied by—

    • (a) a statement that the applicant has conducted an assessment of the registered owner's and, if applicable, the financial group's safety management practices; and

    • (b) a declaration that, in the light of the results of the assessment referred to paragraph (a), the applicant believes that an audit conducted by or for the Corporation would determine that the relevant safety management practices meet the prescribed standards, and whether they would meet the standards to a bronze, silver, or gold level; and

    • (c) any information that the Corporation reasonably requires to enable it to determine the application.

4 Processing of applications
  • (1) An application under clause 2 is to be treated as not having been received until the day on which the Corporation has received all the information it reasonably requires to enable it to determine the application.

    (2) If an applicant fails to provide the Corporation with the information it requests under subclause (1) within 15 working days after the request is made, the application is deemed to be withdrawn.

5 Determining whether safety management practices meet prescribed standards
  • (1) The Corporation must determine whether it is satisfied that the relevant safety management practices meet the prescribed standards and, if so, whether they meet the standards to a bronze, silver, or gold level.

    (2) Safety management practices meet the prescribed standards—

    • (a) to a bronze level, if the Corporation is satisfied that the practices comply with all of the requirements specified in Part 1 of Schedule 3:

    • (b) to a silver level, if the Corporation is satisfied that the practices comply with all of the requirements specified in Parts 1 and 2 of Schedule 3:

    • (c) to a gold level, if the Corporation is satisfied that the practices comply with all of the requirements specified in Parts 1, 2, and 3 of Schedule 3.

    (3) The Corporation must notify the applicant of its determination under subclause (1).

    (4) If the Corporation notifies an applicant that the safety management practices meet the prescribed standards,—

    • (a) the vehicles to which the application relates are deemed to be in the Fleet Safety Incentive Programme for a period of 4 years beginning on the first day after the date on which the Corporation notifies the applicant under subclause (3); and

    • (b) the new lower rate of levy applies to each of the vehicles from the first day of the next licensing period for the vehicle after the date on which the Corporation notifies the applicant under subclause (3).

6 Audit of safety management practices
  • (1) The Corporation must audit safety management practices to determine if they meet the prescribed standards.

    (2) An audit of safety management practices may be conducted for or by the Corporation by any or all of the following means:

    • (a) assessing the documentation included in the application:

    • (b) conducting an interview with—

      • (i) any registered owner or operator of a vehicle subject to the relevant safety management practices:

      • (ii) any employee of a person referred to in subparagraph (i):

      • (iii) any driver of a vehicle subject to the relevant safety management practices:

    • (c) carrying out an on-site (workplace or on-road) audit of the relevant safety management practices.

    (3) After carrying out an audit, the Corporation may, but is not obliged to, allow an applicant up to 30 days to improve the relevant safety management practices, or aspects of them, before finalising its determination.

    (4) The 30-day period begins when the Corporation notifies the applicant of the safety management practices, or aspects of them, that must be improved.

    (5) To avoid doubt, the manner of conducting an audit is at the Corporation's discretion.

7 Cross-crediting of audit results
  • (1) For the purpose of clause 6, the Corporation may determine that it is satisfied that the relevant safety management practices meet the prescribed standards on the basis of a previous audit of those practices carried out under section 175(1) of the Act.

    (2) The Corporation may only consider the results of a previous audit if—

    • (a) an applicant requests that the Corporation do so; and

    • (b) the relevant audit—

      • (i) was carried out in the previous 24 months; and

      • (ii) is the most recent audit of those practices carried out under section 175(1).

    (3) Despite subclause (1), the Corporation may not rely on a previous audit to determine if it is satisfied that the safety management practices meet the requirements relating to the following matters:

    • (a) fleet safe driving practices (heading 2 of Parts 1, 2, and 3 of Schedule 3):

    • (b) fleet vehicle selection and maintenance (heading 3 of Parts 1, 2, and 3 of Schedule 3).

    (4) To avoid doubt, a previous audit may include an audit carried out before these regulations were made or came into force.

8 Restriction on further applications
  • If an applicant has been notified under clause 5(3) that the relevant safety management practices do not meet the prescribed standards, he or she may not make another application under clause 2 within 6 months after the notification.

Vehicles in programme

9 Corporation may require further audits in certain circumstances
  • (1) The Corporation may at any time require that an audit be carried out of the safety management practices to which a fleet of vehicles in the Fleet Safety Incentive Programme is subject, if—

    • (a) the Corporation believes, on reasonable grounds, that the safety management practices might no longer meet the prescribed standards:

    • (b) the registered owner of any of the vehicles in the fleet becomes insolvent, files for bankruptcy, or goes into liquidation:

    • (c) the Corporation believes, on reasonable grounds, that there is a significant change in 1 or more of the following that could affect the safety management practices:

      • (i) the ownership of vehicles in the fleet:

      • (ii) the management of the fleet:

      • (iii) if the registered owner is not a natural person, the ownership, management, or company structure of the registered owner or the financial group of which the registered owner is a member.

    (2) After an audit under this clause, the Corporation must determine whether the safety management practices meet the prescribed standards and, if so, whether they meet the standards to a bronze, silver, or gold level.

    (3) The Corporation must notify the registered owner or owners of its determination under subclause (2).

    (4) If the Corporation is satisfied that the safety management practices meet the prescribed standards, the vehicles are deemed to remain in the Fleet Safety Incentive Programme for a period of 4 years beginning on the first day after the date on which the Corporation notifies the registered owner or owners under subclause (3).

    (5) If a new rate of levy applies to the vehicles as a result of the Corporation's determination under subclause (2), the new rate applies in relation to each vehicle from the first day of the next licensing period for the vehicle after the date on which the Corporation notifies the registered owner under subclause (3).

    (6) To avoid doubt, clause 7 does not apply to audits under this clause.

Additional vehicles joining programme

10 Additional vehicles joining programme
  • (1) This clause applies if—

    • (a) the Corporation is notified that a person has become the registered owner of a heavy goods service vehicle; and

    • (b) that person is the registered owner of other vehicles that are in the Fleet Safety Incentive Programme.

    (2) If the Corporation is satisfied that the new vehicle is subject to the same safety management practices as the registered owner's other Fleet Saver vehicles, then—

    • (a) the new vehicle is also deemed to be in the Fleet Safety Incentive Programme—

      • (i) beginning on the day after the date on which the Corporation is notified under subclause (1)(a):

      • (ii) until the end of the period that applies to the other vehicles in the fleet under clause 5(4)(a) or 9(4); and

    • (b) the lower rate of levy applies to the new vehicle from the first day of the next licensing period after the date on which the Corporation is notified under subclause (1)(a).

Vehicles leaving programme

11 Registered owner or owners may ask for fleet to leave programme
  • (1) A registered owner or owners may apply to the Corporation for a fleet of vehicles to leave the Fleet Safety Incentive Programme.

    (2) Within 10 working days after receiving an application under subclause (1), the Corporation must notify the registered owner or owners that it has received the application.

    (3) The vehicles in the fleet cease to be in the Fleet Safety Incentive Programme at the close of the day on which the Corporation advises the registered owner or owners under subclause (2).

12 Vehicles leaving programme on change of registered ownership
  • (1) If a vehicle's registered owner changes and as a result that vehicle ceases to be subject to the same safety management practices, the vehicle ceases to be part of the Fleet Safety Incentive Programme at the close of the day on which the registered ownership changes.

    (2) However, if applicable, the vehicle's new registered owner may apply for the vehicle to rejoin the programme in accordance with clause 2 or 10.

Vehicles rejoining programme

13 Vehicles previously in programme rejoining programme
  • (1) To avoid doubt, a registered owner may apply—

    • (a) for a vehicle that is currently in the Fleet Safety Incentive Programme to rejoin the programme (for example, at the end of the period referred to in clause 5(4)(a) or 9(4)):

    • (b) for a vehicle that was previously in the Fleet Safety Incentive Programme to rejoin the programme.

    (2) This clause is subject to clause 8.

Miscellaneous provision

14 Decisions under this schedule
  • The following determinations under clause 5(1) or clause 9(2) are decisions of the Corporation:

    • (a) whether safety management practices meet the prescribed standards:

    • (b) whether safety management practices meet the prescribed standards to a bronze, silver, or gold level.

Schedule 3
Fleet Safety Incentive Programme standards

r 6

Part 1
Bronze-level requirements

1 Registered owner commitment to safety management practices
  • Objective
  • The registered owner is able to demonstrate a commitment to health and safety with health and safety practices that are regularly reviewed and evaluated to ensure continuous improvement in on-road and workplace safety management and injury prevention practices.

    Details of requirements Means of verification
    1

    Health and safety documents outline the registered owner’s commitment to health and safety and injury prevention.

     

    A policy (or similar document) that—

    • outlines the registered owner's commitment to health and safety

    • includes a commitment to comply with health and safety legislation, regulations, codes of practice, standards, and safe operating procedures

    • includes a statement of support for employee consultation and participation in health and safety practices

    • identifies individual responsibilities for health and safety

    • is current, dated, and authorised by the current chief executive or other senior management representative

    • is reviewed at least every 2 years.

    2

    Management responsibilities for health and safety and for injury prevention are assigned and reviewed.

     

    Health and safety roles are designated at a senior management level.

    3

    There is a commitment to the accurate reporting and recording of on-road and workplace incidents and injuries.

     

    Health and safety documents include a statement requiring accurate reporting and recording of incidents and injuries.

    4

    There is a commitment to supporting the safe and early return to work of injured employees.

     

    Health and safety documents include a statement of commitment to the safe and early return to work of injured employees.

    5

    Health and safety practices are reviewed and implementation of those practices is monitored.

     

    A procedure to review health and safety systems annually.

    6

    Health and safety objectives or projects that are appropriate to the size and type of the business and are related to identified hazards.

    (Note: objectives should be specific, measurable, achievable, realistic, and time-framed—ie, SMART.)

     

    Health and safety objectives and projects are—

    • documented

    • relevant to each level of the business.

    A plan to achieve the health and safety objectives and projects.

    7

    The Fleet Saver audit standard requirements are met and maintained while the registered owner is in the ACC Fleet Saver programme.

     

    A procedure for management and employee representatives to undertake an annual self-assessment.

      

    Evidence that annual self-assessments are undertaken by management and employee representatives.

2 Fleet safe driving practices
  • Objective
  • There are systems in place to promote safe and fuel-efficient driving practices as well as systems for reporting and investigating on-road incidents and crashes. Regular reviews of fleet performance are undertaken to promote continuous improvement in all areas of fleet safety.

    Details of requirements Means of verification
    1

    Health and safety documents outline the registered owner’s commitment to fleet safety.

     

    A policy (or similar) that—

    • outlines management’s commitment to fleet safety and fuel efficiency

    • outlines expectations in relation to safe driving requirements

    • includes a commitment to comply with transport legislation, codes of practice, and standard operating procedures

    • outlines the requirement for drivers to drive safely and within the legal speed limit at all times

    • is current, dated, and authorised by the current chief executive or other senior management representative

    • is reviewed at least every 2 years.

       

    Responsibility for fleet safety is designated at a senior management level.

    2

    There are driver development systems in place to promote safe and fuel-efficient driving practices.

     

    Evidence that employees are provided with training in safe and fuel-efficient driving practices (eg, vehicle familiarisation training).

    3

    There is a procedure for reporting, recording, and investigating road traffic incidents, near misses, and crashes.

    (Note: this may be part of the workplace incident reporting and recording system.)

     

    A documented reporting, recording, and investigation procedure.

      

    Evidence of completed incident and injury (accident) investigation reports (including any reports by the Ministry of Business, Innovation, and Employment, WorkSafe New Zealand or the New Zealand Police.

      

    Evidence that corrective actions are undertaken in relation to any deficiencies identified during an investigation.

    4

    There is a procedure to monitor and review driver and fleet safety performance and encourage continuous improvement.

     

    A procedure to monitor driver performance.

      

    A procedure to actively monitor and manage driver infringements.

      

    Evidence of monitoring and management of driver infringements.

       

    A procedure to review fleet safety performance that includes information such as—

    • near miss and crash data analysis

    • property damage and vehicle repair costs

    • traffic infringements

    • fuel efficiency

    • lessons learned from other companies or operators

    • fleet inspection results.

    5

    There is active journey management and scheduling to ensure that drivers do not have to speed and that safety is considered during route planning.

     

    There is a list of factors that are considered as part of journey management, including—

    • distance to travel

    • times of the day or night for travel

    • time required to complete the whole transport task (including loading, driving, rest breaks, refuelling)

    • delays and how they are managed to ensure that drivers do not have to speed to make up for lost time

    • ensuring that drivers have sufficient opportunity to stop during shifts (eg, to rest, eat, and use facilities).

       

    Evidence of consideration of the above factors in journey management and scheduling.

    6

    There is a procedure to manage driver fatigue and ensure that employees are fit for duty.

     

    There is a procedure that includes—

    • undertaking regular driver health checks

    • providing information to employees about the importance of hydration, food, sleep, managing fatigue, and being fit for duty

    • ensuring compliance with driving hours and rest-break requirements

    • review of driving hours or log books to confirm compliance

    • managing staff who are not fit for duty.

3 Fleet vehicle selection and maintenance
  • Objective
  • The registered owner has documented processes in place to ensure that safety, injury prevention, and fuel efficiency are considered in the selection, replacement, and ongoing maintenance of fleet vehicles.

    Details of requirements Means of verification
    1

    There is a documented process to consider safety, injury prevention, and fuel efficiency in the selection and replacement of fleet vehicles.

     

    Evidence that general safety requirements are taken into account in vehicle purchasing decisions (eg, checklists).

    2

    There is a documented process to ensure fleet vehicles are roadworthy.

     

    A documented process to undertake daily inspections of vehicles.

      

    A documented process to ensure repairs are undertaken according to risk and remedial action is undertaken in a timely manner.

       

    Evidence of daily inspections and repairs undertaken.

       

    Maintenance and certificate of fitness inspections are scheduled, performed, and recorded in a timely manner (eg, regular maintenance at intervals recommended by the vehicle manufacturer).

       

    There is a documented reminder process for recurring maintenance, vehicle inspections, and certification requirements.

    3

    Fleet vehicles are equipped with appropriate safety and emergency equipment.

     

    There is identification of the safety and emergency equipment required in vehicles.

       

    Drivers are provided with training and information on the use of safety and emergency equipment.

4 Hazard identification, assessment, and management
  • Objective
  • The registered owner systematically identifies, assesses, and manages on-road and workplace hazards over which he or she has authority or influence. Employees are provided with appropriate and adequate information, training, and supervision to be able to work safely.

    Details of requirements Means of verification
    1

    The registered owner systematically identifies and records actual and potential on-road and workplace hazards.

     

    A documented process that—

    • outlines the range of hazards facing employees on-road and in the workplace

    • includes the definition of significant hazard used in health and safety legislation.

       

    A review of hazard registers to support the process in action.

    2

    There are appropriate controls in place for significant hazards based on the hierarchy in health and safety legislation to—

    • (a) eliminate the hazard; or

    • (b) isolate the hazard to prevent the exposure to that particular hazard; or

    • (c) minimise the impact of the hazard.

     

    A procedure for developing appropriate controls.

      

    Hazard registers (or similar) that identify significant hazards and their controls.

      

    A documented process for the issue, renewal, and maintenance of safety equipment and personal protective equipment.

    3

    There are appropriately trained or experienced people leading the identification and management of hazards.

     

    Records of training or skills and experience of people leading on-road and workplace hazard management.

      

    A documented process to obtain specialist advice to manage specific hazards as required.

    4

    Health and safety information specific to the workplace is available to all employees.

     

    Access to health and safety information is available in the workplace (eg, posters, signs, training, intranet site, or similar).

    5

    There are ongoing opportunities for employee representatives to be involved in the identification and management of hazards.

     

    Evidence of ongoing employee consultation and involvement in the identification and management of hazards.

    6

    Health monitoring is undertaken in relation to specific tasks as required.

     

    A documented process to—

    • determine if health monitoring is required in relation to specific tasks

    • undertake health monitoring (as required) and provide feedback to employees.

    7

    There is appropriate health and safety training for new employees and employees transferring to a new work area, role, or task.

     

    Induction training includes (where appropriate)—

    • emergency procedures

    • incident and injury reporting

    • hazard identification

    • the process for employee health and safety representation

    • the use and maintenance of relevant health and safety equipment, including personal protective equipment.

       

    Evidence that trainers have the relevant skills, experience, or qualifications to conduct training.

       

    New employees or those undergoing on-the-job training are supervised by skilled and experienced staff.

    8

    There is training in relation to hazards associated with specific tasks, roles, or areas of work.

     

    Training needs for specific areas of work, roles, or tasks are identified.

      

    Evidence of training for specific tasks (eg, certification, training records).

    9

    Health and safety information and training are provided in a manner that ensures that key messages are understood, taking into account language, literacy, vision, hearing, and other variables.

     

    Health and safety training is understood by employees (eg, signed forms).

    10

    Exposure of visitors to workplace hazards is minimised.

     

    Clear marking of designated areas, visitor controls, induction for site visitors, and provision of appropriate personal protective equipment for visitors to the workplace and within the vicinity of vehicles.

5 Incident and injury reporting, recording, and investigation
  • Objective
  • There is a system for the reporting, recording, and investigation of all incidents and injuries. Investigations and corrective actions are undertaken to promote continuous improvement in health and safety and injury prevention.

    Details of requirements Means of verification
    1

    There is a system for reporting and recording incidents, injuries, work-related illnesses, and near misses.

     

    Evidence of—

    • reporting and recording procedures

    • incident and injury (accident) reporting forms

    • workplace incident and injury (accident) registers

    • procedures requiring prompt attention to all reported incidents and injuries

    • a procedure to notify the Ministry of Business, Innovation, and Employment or WorkSafe New Zealand of serious harm

    • serious harm notifications to the Ministry of Business, Innovation, and Employment or WorkSafe New Zealand are completed within the required time frames (where applicable).

    2

    Employees understand their responsibilities for reporting and recording workplace and on-road incidents, injuries, and work-related illnesses.

     

    Evidence of staff communications, team briefings, meeting minutes.

    3

    Injuries to employees, and incidents that result in harm (or could have resulted in harm) to an employee are investigated.

     

    Evidence of—

    • incident and injury investigation procedures

    • designated incident and injury (accident) investigators

    • incident and injury (accident) investigation example reports (where applicable).

    4

    Corrective actions are undertaken in relation to any deficiencies identified during an investigation.

     

    Evidence of—

    • a procedure to undertake corrective actions

    • feedback into hazard management (where applicable).

    5

    Injury and incident data are reviewed to identify trends and provide information that can be used in injury prevention initiatives.

     

    Collation of all incident and injury data into a central record for analysis.

    • Objective
6 Employee participation in health and safety management
  • Objective
  • Employees have ongoing opportunities to participate in the development, implementation, and review of on-road and workplace health and safety practices.

    Details of requirements Means of verification
    1

    There is regular ongoing consultation and communication between management and employees regarding health and safety.

     

    Evidence of quarterly health and safety meetings (or similar) between management and employees (eg, health and safety committee meetings, forums, safety “toolbox” talks).

    2

    There is an agreed and documented process for employees to be involved in the development, monitoring, and review of health and safety practices.

     

    Evidence of an agreed and documented process to elect or endorse employee health and safety representatives.

      

    Information on the agreed process is readily available to all employees.

7 Emergency planning and readiness
  • Objective
  • The registered owner has identified the potential on-road and workplace emergency situations and has emergency plans in place to deal with these.

    Details of requirements Means of verification
    1

    There is an emergency plan that identifies potential emergency situations and meets relevant emergency service requirements.

     

    Evidence of identification of the range of potential on-road and workplace emergency situations.

      

    An emergency plan that considers emergency service requirements and includes the response required for the relevant emergency situations.

    2

    There are procedures, equipment, and trained staff to deal with emergency situations.

     

    Emergency procedures have been implemented and communicated to employees (eg, signage and communications).

       

    Designated manager(s), employees, or wardens are appointed and trained to manage emergency situations.

    3

    There is periodic testing and review of emergency procedures.

     

    Records of emergency procedure practices at least 6-monthly.

8 Contractor and sub-contractor management
  • Objective
  • The registered owner has systems in place to manage contractors and sub-contractors to ensure that they do not cause harm to the registered owner's employees. All contractors and sub-contractors are required to comply with the registered owner's health and safety requirements.

    Details of requirements Means of verification

    Health and safety inductions are undertaken for all contractors and sub-contractors, including contractors and sub-contractors carrying out one-off maintenance (or similar).

     

    Evidence of completed contractor inductions.

     

    A designated person to co-ordinate inductions.

9 Workplace observation
  • Objective
  • On-road and workplace health and safety systems have been implemented and are understood by employees.

    Details of requirements Means of verification

    On-road and workplace health and safety systems have been implemented and are understood by employees.

     

    Selection and review of significant hazards and their controls.

     

    Hazard registers include actual and potential on-road and workplace hazards and identify those hazards that are significant.

     

    Safety and emergency equipment is in vehicles.

       

    Vehicles have current certifications (eg, a certificate of fitness).

       

    Evidence of personal protective equipment in use (where appropriate).

       

    Restricted areas of work are clearly marked.

       

    Incident and injury (accident) registers are available in the workplace.

       

    Security log books, visitor registers (or similar), and appropriate personal protective equipment is provided.

       

    Emergency evacuation procedures are clearly outlined (eg, on signs and posters).

       

    Confirmation with employees.

Part 2
Additional silver-level requirements

1 Registered owner commitment to safety management practices
  • Objective
  • The registered owner is able to demonstrate a commitment to health and safety with health and safety practices that are regularly reviewed and evaluated to ensure continuous improvement in on-road and workplace safety management and injury prevention practices.

    Details of requirements Means of verification
    1

    There is a commitment to supporting the safe and early return to work of injured employees.

     

    Information is provided to management on how to support the safe and early return to work of injured employees.

    2

    Health and safety objectives or projects are set that are appropriate to the size and type of the business and are related to identified hazards.

    (Note: objectives should be “SMART”).

     

    Evidence of annual review and update of objectives or projects.

    3

    The registered owner has knowledge of current health and safety information, including legislation, codes of practice, and other relevant information.

     

    A procedure to—

    • identify relevant health and safety information

    • ensure compliance or conformance with relevant requirements.

       

    Evidence of updates to reflect any changes to health and safety information (where applicable).

    4

    There is a system for controlling and updating health and safety related documents and information.

     

    A document control system.

      

    Responsibilities for document control are assigned.

2 Fleet safe driving practices
  • Objective
  • There are systems in place to promote safe and fuel-efficient driving practices as well as systems for reporting and investigating on-road incidents and crashes. Regular reviews of fleet performance are undertaken to promote continuous improvement in all areas of fleet safety.

    Details of requirements Means of verification
    1

    There are driver development systems in place to promote safe and fuel-efficient driving practices.

     

    Evidence that ongoing training (eg, driver safety awareness) is provided to drivers at least every 24 months.

    2

    There is a procedure for reporting, recording, and investigating road traffic incidents, near misses, and crashes.

    (Note: this may be part of the workplace incident reporting and recording system.)

     

    Evidence (documented and signed) that—

    • responsibility for corrective action is assigned

    • deadlines for correction actions are set

    • appropriate training is undertaken (where applicable).

    3

    There is a procedure to monitor and review driver and fleet safety performance and encourage continuous improvement.

     

    Evidence of annual review of fleet safety performance.

3 Fleet vehicle selection and maintenance
  • Objective
  • The registered owner has documented processes in place to ensure that safety, injury prevention, and fuel efficiency are considered in the selection, replacement, and ongoing maintenance of fleet vehicles.

    Details of requirements Means of verification

    There is a documented process to consider safety, injury prevention, and fuel efficiency in the selection and replacement of fleet vehicles.

     

    The documented vehicle selection process outlines detailed criteria to be considered in purchasing decisions that includes (at least)—

    • operating environment and vehicle specifications

    • road safety

    • injury prevention

    • vehicle performance (including fuel efficiency).

4 Hazard identification, assessment, and management
  • Objective
  • The registered owner systematically identifies, assesses, and manages on-road and workplace hazards over which he or she has authority or influence. Employees are provided with appropriate and adequate information, training, and supervision to be able to work safely.

    Details of requirements Means of verification
    1

    The registered owner systematically identifies and records actual and potential on-road and workplace hazards.

     

    Evidence that the hazard register is regularly reviewed and updated.

    2

    There are appropriate controls in place for significant hazards based on the hierarchy in health and safety legislation to—

    • (a) eliminate the hazard; or

    • (b) isolate the hazard to prevent the exposure to that particular hazard; or

    • (c) minimise the impact of the hazard.

     

    There is an inspection schedule (or similar) to confirm that hazard controls are in place and appropriate.

    3

    Health monitoring is undertaken in relation to specific tasks as required.

     

    A documented process—

    • to undertake pre-employment health screening that is linked to specific significant hazards (where applicable)

    • for post-critical event and exit testing

    • to manage sub-optimal test results that considers medical and vocational needs

    • to ensure sub-optimal results are considered and addressed in the management of hazards.

    4

    Health and safety information and training are provided in a manner that ensures that key messages are understood, taking into account language, literacy, vision, hearing, and other variables.

     

    A reminder process (or similar) for recurring training or certifications.

5 Incident and injury reporting, recording, and investigation
  • Objective
  • There is a system for the reporting, recording, and investigation of all incidents and injuries. Investigations and corrective actions are undertaken to promote continuous improvement in health and safety and injury prevention.

    Details of requirements Means of verification
    1

    Injuries to employees, and incidents that result in harm (or could have resulted in harm) to an employee are investigated.

     

    Evidence of in-depth incident investigation that identifies root causes of incidents and wider organisational factors, including chain of responsibility (as appropriate to the potential severity of the incident).

    2

    Corrective actions are undertaken in relation to any deficiencies identified during an investigation.

     

    Evidence (documented and signed) that—

    • responsibility for corrective action is assigned

    • deadlines for correction actions are set

    • appropriate training is undertaken (where applicable).

    3

    Injury and incident data are reviewed to identify trends and provide information that can be used in injury prevention initiatives.

     

    Evidence of annual review of collated data.

6 Employee participation in health and safety management
  • Objective
  • Employees have ongoing opportunities to participate in the development, implementation, and review of on-road and workplace health and safety practices.

       

    [No additional silver-level requirements.]

7 Emergency planning and readiness
  • Objective
  • The registered owner has identified the potential on-road and workplace emergency situations and has emergency plans in place to deal with these.

    Details of requirements Means of verification
    1

    There are procedures, equipment and trained staff to deal with emergency situations.

     

    Review or refresher training has been undertaken with designated manager(s), employees, or wardens within the previous year.

    2

    There is periodic testing and review of emergency procedures.

     

    Evidence of review of emergency procedures after practice drills and following any actual emergency event.

8 Contractor and sub-contractor management
  • Objective
  • The registered owner has systems in place to manage contractors and sub-contractors to ensure that they do not cause harm to the registered owner's employees. All contractors and sub-contractors are required to comply with the registered owner's health and safety requirements.

    Details of requirements Means of verification
    1

    Criteria to select contractors includes an assessment of their safety, injury prevention, and fuel-efficiency practices (where applicable).

     

    Documented contractor selection criteria.

      

    Evidence that contractors provide details of their safety, injury prevention, and fuel-efficiency practices as part of the documented contract tendering process.

    2

    Health and safety expectations and responsibilities are included in contracts.

     

    Evidence that contracts or other signed agreements include health and safety responsibilities.

      

    The health and safety performance of contractors is monitored throughout the contract period.

Part 3
Additional gold-level requirements

1 Registered owner commitment to safety management practices
  • Objective
  • The registered owner is able to demonstrate a commitment to health and safety with health and safety practices that are regularly reviewed and evaluated to ensure continuous improvement in on-road and workplace safety management and injury prevention practices.

    Details of requirements Means of verification
    1

    Management responsibilities for health and safety and injury prevention are assigned and reviewed.

     

    Evidence that individual management performance is reviewed at least annually against fleet and workplace health and safety responsibilities.

       

    Evidence that senior management have been involved in health and safety (eg, seminars, briefings, and conferences) within the previous 2 years.

    2

    There is a commitment to supporting the safe and early return to work of injured employees.

     

    Evidence of management involvement in supporting the safe and early return to work of injured employees (where applicable).

    3

    Health and safety practices and performance are reviewed and implementation of those practices is monitored.

     

    Evidence that policy and system reviews occur after a critical event or if there is a significant change in the scope of the fleet’s operations or the organisation.

    4

    Health and safety objectives or projects are set that are appropriate to the size and type of the business and are related to identified hazards.

    (Note: objectives should be “SMART”.)

     

    Evidence that senior management and employee representatives are involved in the annual setting and review of objectives or projects.

2 Fleet safe driving practices
  • Objective
  • There are systems in place to promote safe and fuel-efficient driving practices as well as systems for reporting and investigating on-road incidents and crashes. Regular reviews of fleet performance are undertaken to promote continuous improvement in all areas of fleet safety.

    Details of requirements Means of verification
    1

    There are driver development systems in place to promote safe and fuel-efficient driving practices.

     

    Evidence that ongoing (internal or external) training is provided to drivers at least every 12 months.

      

    Evidence that pre-employment driver history checks and on-road driving assessments are undertaken as part of the recruitment process.

    2

    There is a procedure for reporting, recording, and investigating road traffic incidents, near misses, and crashes.

    (Note: this may be part of the workplace incident reporting and recording system.)

     

    Evidence of senior management involvement and follow-up of corrective actions.

    3

    There is a procedure to monitor and review driver and fleet safety performance and encourage continuous improvement.

     

    Evidence of formal assessments of individual driver performance.

    4

    There is a procedure to manage driver fatigue and ensure that employees are fit for duty.

     

    Evidence of participation in programmes to encourage and support employee health and wellness (eg, ACC “Fit for the Road” initiative or other industry initiatives).

    5

    There are systems to monitor fuel consumption and speed.

     

    Evidence of reports that monitor speed, fuel consumption (km/litre or equivalent), and other key performance indicators.

3 Fleet vehicle selection and maintenance
  • Objective
  • The registered owner has documented processes in place to ensure that safety, injury prevention, and fuel efficiency are considered in the selection, replacement, and ongoing maintenance of fleet vehicles.

    Details of requirements Means of verification

    Fleet vehicles are equipped with appropriate safety and emergency equipment.

     

    Refresher training is provided to drivers on the use of safety and emergency equipment at least every 2 years.

4 Hazard identification, assessment, and management
  • Objective
  • The registered owner systematically identifies, assesses, and manages on-road and workplace hazards over which he or she has authority or influence. Employees are provided with appropriate and adequate information, training, and supervision to be able to work safely.

    Details of requirements Means of verification
    1

    There are appropriately trained or experienced people leading the identification and management of hazards.

     

    Evidence of ongoing training or experience for people leading hazard management at least every 2 years.

    2

    Health and safety information and training are provided in a manner that ensures that key messages are understood, taking into account language, literacy, vision, hearing, and other variables.

     

    Evidence that competency has been achieved following training.

5 Incident and injury reporting, recording, and investigation
  • Objective
  • There is a system for the reporting, recording, and investigation of all incidents and injuries. Investigations and corrective actions are undertaken to promote continuous improvement in health and safety and injury prevention.

    (Note: the reporting, recording, and investigation of on-road incidents, injuries, and crashes are covered under heading 2—Fleet safe driving practices.)

    Details of requirements Means of verification
    1

    Corrective actions are undertaken in relation to any deficiencies identified during an investigation.

     

    Evidence of senior management involvement in and follow-up of any corrective actions.

    2

    Injury and incident data are reviewed to identify trends and provide information that can be used in injury prevention initiatives.

     

    Evidence collated data is provided to management if trends identify further action is required.

6 Employee participation in health and safety management
  • Objective
  • Employees have ongoing opportunities to participate in the development, implementation, and review of on-road and workplace health and safety practices.

    Details of requirements Means of verification
    1

    There is an agreed and documented process for employees to be involved in the development, monitoring, and review of health and safety practices.

     

    Evidence of employee involvement in the development, monitoring, and review of health and safety practices at least annually.

    2

    Health and safety training is provided to employees actively involved in health and safety management.

     

    Evidence that health and safety training has been undertaken within the last 2 years

7 Emergency planning and readiness
  • Objective
  • The registered owner has identified the potential on-road and workplace emergency situations and has emergency plans in place to deal with these.

    Details of requirements Means of verification

    There are procedures, equipment, and trained staff to deal with emergency situations.

     

    Specific emergency training is provided for designated manager(s), employees, or wardens (eg, advanced first aid training for drivers and civil defence emergency training).

8 Contractor and sub-contractor management
  • Objective
  • The registered owner has systems in place to manage contractors and sub-contractors to ensure that they do not cause harm to the registered owner's employees. All contractors and sub-contractors are required to comply with the health and safety requirements of the registered owner.

    Details of requirements Means of verification

    Health and safety expectations and responsibilities are included in contracts.

     

    Post-contract evaluations are undertaken and include an assessment of the contractor's or sub-contractor's health and safety performance.

Rebecca Kitteridge,
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 November 2013, prescribe the rates of motor vehicle levy, motorcycle safety levy, and fuel levy, and provide that those levies are payable from 2 December 2013.

These regulations also introduce, from 2 December 2013, a Fleet Safety Incentive Programme for goods service vehicles over 3 500 kg, and prescribe discounted motor vehicle levy rates for vehicles in the programme. The level of discount that is available depends on whether the safety management practices to which the vehicles are subject are found by the Accident Compensation Corporation to be at a bronze, silver, or gold level. Schedule 3 sets out the prescribed standards against which the safety management practices are assessed.

These regulations revoke and replace the Accident Compensation (Motor Vehicle Account Levies) Regulations 2012.


Issued under the authority of the Legislation Act 2012.

Date of notification in Gazette: 3 October 2013.


Reprints notes
1 General
  • This is a reprint of the Accident Compensation (Motor Vehicle Account Levies) Regulations 2013 that incorporates all the amendments to those regulations as at the date of the last amendment to them.

2 Legal status
  • Reprints are presumed to correctly state, as at the date of the reprint, the law enacted by the principal enactment and by any amendments to that enactment. Section 18 of the Legislation Act 2012 provides that this reprint, published in electronic form, has the status of an official version under section 17 of that Act. A printed version of the reprint produced directly from this official electronic version also has official status.

3 Editorial and format changes
4 Amendments incorporated in this reprint
  • Accident Compensation (Motor Vehicle Account Levies) Regulations 2014 (LI 2014/161): regulation 8(1)