“approved taxi organisation means a taxi organisation approved or deemed to be approved by the Director under this Act, the regulations, or the rules

“control, in relation to a transport service or a proposed or approved taxi organisation, means direct or indirect control of the management of the whole or part of the transport service or taxi organisation by a shareholding or the holding of any position (however described) in the management of the whole or part of the transport service or taxi organisation that gives the person a significant influence on the operation of the whole or part of the service or organisation (whether or not other persons are also involved)

“cumulative work day means a period—

• “(a) during which work occurs; and

• “(b) that—

  • “(i) does not exceed 24 hours; and

  • “(ii) begins after a continuous period of rest time of at least 10 hours

“cumulative work period means a set of cumulative work days between continuous periods of rest time of at least 24 hours

“goods service—

• “(a) means the carriage of goods on any road, whether or not for hire or reward, by means of a motor vehicle whose gross laden weight is 6 000 kg or more; and

• “(b) includes the letting on hire of a motor vehicle whose gross laden weight is 6 000 kg or more by a person who drives the vehicle or provides a driver for the vehicle, where the motor vehicle is used for the carriage of goods; but

• “(c) does not include—

  • “(i) a vehicle recovery service; or

  • “(ii) a service involving the carriage of goods for personal domestic purposes where the service is not operated for more than a total of 7 days in any 12-month period; or

  • “(iii) any carriage of goods by a passenger service vehicle where the carriage is part of a contract for the carriage of passengers or where the carriage is of such small amounts of goods, or occurs so infrequently, that it does not form a significant part of the overall operations of the vehicle; or

  • “(iv) the use of trucks by licensed motor vehicle dealers to carry goods for demonstration and sale purposes; or

  • “(v) the use of vintage vehicles to carry goods for display purposes; or

  • “(vi) the use of trailers towed by small passenger service vehicles to carry passengers' luggage; or

  • “(vii) any service specified as an exempt goods service in the regulations or the rules

“goods service licence means a licence granted or deemed to be granted under subpart 3 of Part 4A that authorises its holder to carry on a goods service

“goods service vehicle—

• “(a) means a motor vehicle used or capable of being used in a goods service for the carriage of goods; but

• “(b) does not include a vehicle specified as an exempt goods service vehicle in the regulations or the rules

“large passenger service vehicle means any passenger service vehicle that is designed or adapted to carry more than 12 persons (including the driver)

“organised criminal activity means an activity that—

• “(a) involves 2 or more persons; and

• “(b) has the acquisition of income or assets by means of a continuing course of criminal conduct as one of its objects

“passenger service—

• “(a) means—

  • “(i) the carriage of passengers on any road for hire or reward by means of a motor vehicle; and

  • “(ii) the carriage of passengers on any road, whether or not for hire or reward, by means of a large passenger service vehicle; and

• “(b) includes the carriage of passengers on any road—

  • “(i) that involves a specific charge on passengers for transport, including part payments to cover fuel and donations (which are expected as a condition of carriage); or

  • “(ii) by a person or an organisation that is funded by another person or organisation specifically for the provision of transport; or

  • “(iii) in which the carriage of passengers is an integral part of, or reasonably necessary to provide, another service or activity (other than a transport service) for which payment is made

  • “(iv) in which the carriage of passengers is made using the vehicle provided by one of the passengers and the driver is paid for the carriage; or

  • “(v) that involves the letting on hire of a vehicle by a person who drives the vehicle or provides a driver for the vehicle if, during the hiring, the vehicle is used for the carriage of passengers; but

• “(c) does not include—

  • “(i) private ambulance services provided by organisations primarily for their employees, being ambulance services that are available to the general public in an emergency only when public ambulance services cannot provide a service; or

  • “(ii) any service using a vehicle that is specified as an exempt passenger service vehicle in the regulations or the rules; or

  • “(iii) any service specified as an exempt passenger service in the regulations or the rules

“passenger service licence means a licence granted or deemed to be granted under subpart 3 of Part 4A that authorises its holder to carry on a passenger service

“passenger service vehicle—

• “(a) means a vehicle used or available for use in a passenger service for the carriage of passengers; but

• “(b) does not include—

  • “(i) a vehicle designed or adapted to carry 12 or fewer persons (including the driver) provided by one of the passengers being carried; or

  • “(ii) a vehicle specified as an exempt passenger service vehicle in the regulations or the rules

“rental service means the letting of a motor vehicle on hire for the carriage of passengers (including the driver) or of goods, or both, to a person who drives the vehicle or provides a driver for the vehicle; but does not include—

• “(a) the letting of a motor vehicle under a hire purchase agreement or a bailment that is for a period exceeding 6 months; or

• “(b) the hiring of trailers with a gross laden weight not exceeding 3 500 kg; or

• “(c) any service specified as an exempt rental service in the regulations or the rules

“rental service licence means a licence granted or deemed to be granted under subpart 3 of Part 4A that authorises its holder to carry on a rental service

“rental service vehicle means a vehicle used or available for use in a rental service for letting on hire for the carriage of passengers or goods, or both, to a person who drives the vehicle or provides a driver for the vehicle; but does not include a vehicle specified as an exempt vehicle in this Act or the regulations or the rules

“service, in Part 4A, includes—

• “(a) an operation carried out on one occasion only; and

• “(b) an operation carried out solely for the benefit of the persons carrying it out

“small passenger service vehicle means any passenger service vehicle that is designed or adapted to carry 12 or fewer persons (including the driver)

“taxi means a motor vehicle that is—

• “(a) a small passenger service vehicle; and

• “(b) fitted with a sign on its roof displaying the word ‘taxi’ and any other signs required by the regulations or the rules; and

• “(c) in use or available for use for hire or reward for the carriage of passengers other than on defined routes

“taxi service means a passenger service carried on by means of a taxi or taxis

“transport service—

• “(a) means any goods service, passenger service, rental service, or vehicle recovery service; but

• “(b) does not include—

  • “(i) a rail service within the meaning of section 2(1) of the Transport Services Licensing Act 1989; and

  • “(ii) any service specified as an exempt transport service in the regulations or the rules

“transport service driver means any person who is, or is from time to time, employed or engaged in driving a vehicle being used in a transport service other than a rental service, whether or not that person is licensed or required to hold a licence to drive such a vehicle

“transport service licence means any of the following licences granted or deemed to be granted under subpart 3 of Part 4A

• “(a) a goods service licence:

• “(b) a passenger service licence:

• “(c) a rental service licence:

• “(d) a vehicle recovery service licence

“transport service operator means a person who carries on a transport service, whether or not that person employs personnel to assist in doing so on its behalf; but does not include those personnel

“transport service vehicle means any goods service vehicle, passenger service vehicle, rental service vehicle, or vehicle recovery service vehicle; but does not include—

• “(a) a rail service vehicle within the meaning of section 2(1) of the Transport Services Licensing Act 1989; or

• “(b) a vehicle running on self-laying tracks or rollers; or

• “(c) a vehicle that operates solely on or in areas to which the public does not have access as of right (whether or not that vehicle is used on a road in connection with that vehicle's inspection, servicing, or repair, or for the purposes of a practical driving test required under any enactment); or

• “(d) a vehicle used as a place of abode to the extent that it is not used in a rental service; or

• “(e) a vehicle listed as a farm vehicle in Part 1 of the Schedule to the Transit New Zealand (Apportionment and Refund of Excise Duty) Regulations 1998 or in any provisions made in substitution for that schedule; or

• “(f) a tractor (being a motor vehicle designed principally for traction at speeds not exceeding 50 km per hour; or

• “(g) a forklift (being a motor vehicle designed principally for lifting and stacking goods by means of 1 or more forks, tines, platens, or clamps); or

• “(h) a hearse; or—

• “(i) a traction engine

“vehicle recovery service—

• “(a) means the towing or carrying on any road of a motor vehicle, irrespective of the size or design of the towing or carrying vehicle, and whether or not the towing or carrying of the vehicle is carried out by a person intending to carry out repairs on the vehicle; but

• “(b) does not include—

  • “(i) the towing or carrying of any motorcycle or moped; or

  • “(ii) the towing or carrying of one motor vehicle by another where—

    • “(A) the towing or carrying is not carried out directly or indirectly for reward; and

    • “(B) the towing or carrying vehicle is not designed or adapted for the purpose of towing or carrying motor vehicles; or

  • “(iii) the towing or carrying of a vehicle by a person who owns the vehicle; or

  • “(iv) the towing of disabled vehicles using a rope or flat tow by—

    • “(A) a person employed by, or contracted to, a motoring association or insurance company where the towing is limited to removal of the vehicle to a place of safety; or

    • “(B) the owner or employee of a garage or workshop who intends to carry out repairs to the vehicle; or

  • “(v) the removal of vehicles by New Zealand Defence Force tow trucks at the request of an enforcement officer; or

  • “(vi) routine towing services operated by New Zealand Defence Force personnel in areas where there is no suitable and available commercial towing service nearby; or

  • “(vii) any service where the Director has provided the transport service operator with a written notice that—

    • “(A) must be carried in the vehicle used in the service; and

    • “(B) specifies that the nature of the service is such that the carriage of vehicles should be treated as the carriage of goods; or

  • “(viii) any service specified as an exempt vehicle recovery service in the regulations or the rules

“vehicle recovery service licence means a licence granted or deemed to be granted under subpart 3 of Part 4A that authorises its holder to carry on a vehicle recovery service

“vehicle recovery service vehicle—

• “(a) means a vehicle used or available for use in a vehicle recovery service for towing or carrying on a road any motor vehicle; but

• “(b) does not include any vehicle specified as an exempt vehicle recovery service vehicle in the regulations or the rules.”

“mobility device means—

• “(a) a vehicle that—

  • “(i) is designed and constructed (not merely adapted) for use by persons who require mobility assistance due to a physical or neurological impairment; and

  • “(ii) is powered solely by a motor that has a maximum power output not exceeding 1 500 W; or

• “(b) a vehicle that the Director has declared under section 168A(1) to be a mobility device

“traction engine means a vehicle that—

• “(a) is propelled by steam power; and

• “(b) is not a rail service vehicle within the meaning of section 2(1) of the Transport Services Licensing Act 1989; and

• “(c) is not designed for the carriage of goods or persons other than the driver and, if appropriate, other persons involved in its operation

“unlicensed, in relation to a driver, includes holding an expired licence”.

“rest time means all time that—

• “(a) is not work time; and

• “(b) is at least 30 minutes in duration; and

• “(c) is not spent in a moving vehicle associated with work

“work time means all time spent performing work-related duties, including, but not limited to,—

• “(a) driving vehicles to which subpart 1 of Part 4B applies:

• “(b) loading and unloading:

• “(c) maintenance and cleaning of vehicles (other than unpaid cleaning outside working hours):

• “(d) administration or recording:

• “(e) any paid employment (other than paid leave or paid breaks of at least 30 minutes duration), whether or not related to transport activities.”

• “(ba) an offence against this Act concerning logbooks that is committed by a transport service driver:”.

• “(vii) a vehicle that the Director has declared under section 168A is not a motor vehicle; or

• “(viii) a mobility device”.

• “(1A) If a transport service includes the use of vehicles that are specified as exempt vehicles in the regulations or the rules, the operation of those vehicles is not to be treated as part of the operation of the service.”

• “(1) A person may not drive a motor vehicle, or cause a motor vehicle to be driven, recklessly.”

“8 Drivers not to be careless or inconsiderate

• A person may not drive a vehicle, or cause a vehicle to be driven, carelessly or without reasonable consideration for other persons”.

“Traction engine safety

“22B Operators of traction engines to hold appropriate current qualification

• “(1) A person may not use a traction engine in a public place—

  • “(a) without an appropriate qualification provided for in the regulations or the rules; or

  • “(b) if the person is not permitted under this Act to drive a motor vehicle.

  “(2) A person who uses a traction engine must produce without delay his or her qualification referred to in subsection (1)(a) for inspection whenever required to do so by an enforcement officer.

  “(3) In this section and sections 22C and 36B, public place—

  • “(a) means a place that is open to, or being used by, the public, whether or not there is a charge for admission; and

  • “(b) includes a road and any part of a public place.

“22C Traction engine to be safe and operated in compliance with regulations and rules

• “(1) A person may not use a traction engine in a public place in a manner that, having regard to all the circumstances, is or might be dangerous to the public or to a person.

  “(2) If the regulations or the rules require a traction engine to have current evidence of vehicle inspection, or any other certificate, or both, a person may not use the traction engine in a public place without the appropriate current evidence of vehicle inspection, certificate, or both (as the case may require).

  “(3) A person who uses a traction engine that is required to have current evidence of vehicle inspection, or a certificate, must comply with the regulations and the rules concerning such evidence or certificate, and the use of the traction engine.

  “(4) Current evidence of vehicle inspection must be displayed on the traction engine to which it applies.”

• “(3) Despite subsection (1), in the case of a person whose licence has expired or been revoked, the Director may issue a temporary licence, valid for a period not exceeding 1 year as specified on the temporary licence, as necessary to enable the person to continue to drive while his or her fitness to drive is assessed by the Director or a person authorised by the Director.”

“26 Drivers may be tested and examined

• The Director may require an applicant for a driver licence and holders of driver licences to—

  • “(a) complete courses that are approved by the Director:

  • “(b) pass tests and examinations that are approved by the Director.”

• “(4A) Without limiting subsection (4), subsection (1)(g) applies to all new driver licences, including—

  • “(a) renewal of a current driver licence; and

  • “(b) renewal of an expired driver licence, whether the holder—

    • “(i) was previously suspended or disqualified; or

    • “(ii) failed to renew his or her driver licence on expiry; and

  • “(c) a replacement driver licence.

• “(4B) Despite subsections (1)(g) and (4),—

  • “(a) in the case of a driver licence that has been revoked, the new driver licence must show the date of issue of the new licence; and

  • “(b) in the case of a person who applies to convert an overseas licence or permit to a New Zealand full driver licence, the licence must show the date of issue of that person's first New Zealand driver licence; and

  • “(c) in the case of a learner licence or restricted licence issued under Part 4 of the Land Transport (Driver Licensing) Rule 1999, the original date of issue of the learner licence or restricted licence must be shown on that licence.

• “(4C) Subsection (4B)(c) does not apply if the learner licence or the restricted licence adds a class to an existing licence.”

“28A Transitional provisions for photographic driver licences

• Despite section 28(1)(g) and (4), the date of issue of a driver licence continues to be shown on an existing licence until that licence is renewed or replaced under Part 12 of the Land Transport (Driver Licensing) Rule 1999.”

“29A Persons convicted of specified serious offences prohibited from holding or applying for passenger endorsement

• “(1) A person who has been convicted of a specified serious offence on, before, or after the commencement of this section may not hold or apply for a passenger endorsement on his or her driver licence.

  “(2) A passenger endorsement is deemed to be expired and of no effect if held by a person who has been convicted of a specified serious offence on, before, or after the commencement of this section.

  “(3) In subsection (1), specified serious offence means—

  • “(a) murder; or

  • “(b) a sexual crime under Part 7 of the Crimes Act 1961 punishable by 7 or more years' imprisonment (other than an act that is no longer an offence); and includes a crime under section 144A or section 144C of that Act; or

  • “(c) an offence against any of the following sections of the Crimes Act 1961:

    • “(i) section 173 (attempt to murder):

    • “(ii) section 174 (counselling or attempting to procure murder):

    • “(iii) section 175 (conspiracy to murder):

    • “(iv) section 176 (accessory after the fact to murder):

    • “(v) section 188 (wounding with intent):

    • “(vi) section 189(1) (causing grievous bodily harm by injury):

    • “(vii) section 191 (aggravated wounding or injury):

    • “(viii) section 198 (discharging firearm or doing dangerous act with intent):

    • “(ix) section 199 (acid throwing):

    • “(x) section 200(1) (causing grievous bodily harm by poison):

    • “(xi) section 201 (infecting with disease):

    • “(xii) section 208 (abduction of woman or girl):

    • “(xiii) section 209 (kidnapping):

    • “(xiv) section 210 (abduction of child under 16):

    • “(xv) section 234 (robbery):

    • “(xvi) section 235 (aggravated robbery):

    • “(xvii) section 236 (assault with intent to rob):

  • “(d) an offence committed outside New Zealand that, if committed in New Zealand, would constitute an offence specified in paragraphs (a) to (c).

“29B Passenger endorsement may be reinstated in certain cases

• “(1) A person whose passenger endorsement is deemed to be expired and of no effect under section 29A(2) may apply to the Director to have that passenger endorsement reinstated if—

  • “(a) the person has not been convicted of an offence specified in section 29A(3)(a) or section 29A(3)(b); and

  • “(b) the person's last conviction for a specified serious offence occurred more than 10 years before the commencement of this section; and

  • “(c) during the 10-year period immediately preceding the application, the person has had no convictions for an offence that is punishable by a term of imprisonment.

  “(2) If an application is made under subsection (1), the Director—

  • “(a) may, if satisfied that allowing the applicant to hold a passenger endorsement would not be contrary to the public interest, reinstate the applicant's passenger endorsement; and

  • “(b) must, when determining whether reinstating the applicant's passenger endorsement would not be contrary to the public interest, have regard to—

    • “(i) the sentence imposed for the applicant's last conviction for a specified serious offence; and

    • “(ii) the general safety criteria set out in section 30C; and

    • “(iii) any other matters that the Director considers relevant, including (but not limited to) submissions by any affected party.

  “(3) If the Director decides to reinstate the applicant's passenger endorsement, section 29A(1) does not apply with respect to that applicant unless that applicant commits a specified serious offence on or after the date of the Director's decision.

  “(4) If the Director decides not to reinstate the applicant's passenger endorsement, the applicant may appeal to the High Court.

  “(5) For the purposes of this section, specified serious offence has the same meaning as in section 29A(3).”

• “(4A) The holder of a driver licence must, if that licence is superseded by another driver licence, surrender that driver licence to—

  • “(a) the Director; or

  • “(b) a person appointed by the Director; or

  • “(c) a member of the police.”

“Part 4A
“Transport services licensing

“Subpart 1—Primary responsibilities of holders of transport service licences

“30A Requirements for vehicles

• “(1) A holder of a transport service licence must ensure that—

  • “(a) every vehicle to be used in connection with the service is maintained in a fit and proper condition and that the requirements of any Act, regulation, or rule made for this purpose are met:

  • “(b) no vehicle is used in connection with the service unless and until all fees payable in respect of the vehicle and the service under any Act, regulation, or bylaw have been duly paid or appropriate arrangements have been made for payment.

  “(2) The holder of any transport service licence must, whenever required to do so by the Director, present for inspection any vehicle that is used in the service.

  “(3) No evidence of vehicle inspection may be issued in respect of a transport service vehicle unless the person issuing the evidence of vehicle inspection has been notified of the transport service licence number under which the vehicle is being operated.

  “(4) No person may use a transport service vehicle if that vehicle has suffered serious damage until the vehicle has been inspected and passed as being safe by a person authorised by the Director, or the owner of the vehicle has been informed by such a person that the vehicle is not to be inspected.

  “Compare: 1989 No 74 ss 31, 33

“30B Provision of identification information in Braille

• The holder of a transport service licence under which a taxi is operated and the driver of that taxi must, in accordance with any regulations or rules, ensure that the following identification information is provided in Braille:

  • “(a) the name of the approved taxi organisation; and

  • “(b) the unique fleet number assigned to the taxi; and

  • “(c) the approved taxi organisation's telephone number for complaints.

“Subpart 2—Fit and proper person test

“Assessment criteria

“30C General safety criteria

• “(1) When assessing whether or not a person is a fit and proper person in relation to any transport service, the Director must consider, in particular, any matter that the Director considers should be taken into account—

  • “(a) in the interests of public safety; or

  • “(b) to ensure that the public is protected from serious or organised criminal activity.

  “(2) For the purpose of determining whether or not a person is a fit and proper person for any of the purposes of this Part, the Director may consider, and may give any relative weight that the Director thinks fit having regard to the degree and nature of the person's involvement in any transport service, to the following matters:

  • “(a) the person's criminal history (if any):

  • “(b) any offending by the person in respect of transport-related offences (including any infringement offences):

  • “(c) any history of serious behavioural problems:

  • “(d) any complaints made in relation to any transport service provided or operated by the person or in which the person is involved, particularly complaints made by users of the service:

  • “(e) any history of persistent failure to pay fines incurred by the person in respect of transport-related offences:

  • “(f) any other matter that the Director considers it is appropriate in the public interest to take into account.

  “(3) In determining whether or not a person is a fit and proper person for any of the purposes of this Part, the Director may consider—

  • “(a) any conviction for an offence, whether or not—

    • “(i) the conviction was in a New Zealand court; or

    • “(ii) the offence was committed before the commencement of this Part or corresponding former enactment; or

    • “(iii) the person incurred demerit points under this Act or a corresponding former enactment in respect of the conviction; and

  • “(b) the fact that the person has been charged with any offence that is of such a nature that the public interest would seem to require that a person convicted of committing such an offence not be considered to be fit and proper for the purposes of this section.

  “(4) Despite subsection (3), the Director may take into account any other matters and evidence as the Director considers relevant.

  “Compare: 1989 No 74 s 24(1), (2)(d), (3)

“30D Additional criteria for small passenger service vehicles and vehicle recovery service

• Without in any way limiting the matters that the Director may consider under section 30C(2), when the Director is assessing whether or not a person is a fit and proper person in relation to any passenger service involving the use of small passenger service vehicles, or to any vehicle recovery service, the Director must consider, in particular,—

  • “(a) any history of serious behavioural problems:

  • “(b) any offending in respect of offences of violence, sexual offences, drugs offences, arms offences, or offences involving organised criminal activities:

  • “(c) any offending in respect of major transport-related offences, particularly offences relating to safety or to road user charges:

  • “(d) any persistent offending of any kind:

  • “(e) any complaints in respect of the person or any transport service operated by the person that are of a persistent or serious nature.

  “Compare: 1989 No 74 s 24(2)(a)

“30E Additional criteria for large passenger service vehicles

• Without in any way limiting the matters that the Director may have regard to under section 30C(2), when the Director is assessing whether or not a person is a fit and proper person in relation to any passenger service involving the use of large passenger service vehicles, the Director must consider, in particular,—

  • “(a) any history of serious behavioural problems that indicate a propensity for violence:

  • “(b) any offending in respect of offences of violence or sexual offences:

  • “(c) any offending in respect of major transport-related offences, particularly offences relating to safety or to road user charges.

  “Compare: 1989 No 74 s 24(2)(b)

“30F Additional criteria for goods service

• Without in any way limiting the matters that the Director may have regard to under section 30C(2), when the Director is assessing whether or not a person is a fit and proper person in relation to any goods service, the Director must consider, in particular,—

  • “(a) any criminal activity conducted in the course of any transport service or transport-related business or employment:

  • “(b) any offending in respect of major transport-related offences, particularly offences relating to safety or to road user charges.

  “Compare: 1989 No 74 s 24(2)(c)

“Information requirements

“30G Director may require information for fit and proper person assessment

• The Director may, for the purpose of determining whether or not a person is a fit and proper person for any of the purposes of this Act,—

  • “(a) seek and receive any information that the Director thinks fit; and

  • “(b) consider information obtained from any source.

  “Compare: 1989 No 74 s 24(4)

“30H Director's duties concerning prejudicial information

• If the Director proposes to take into account any information that is or may be prejudicial to the person, the Director must, subject to section 30I(1) and to subpart 5, disclose that information to the person and, in accordance with subpart 5, give the person a reasonable opportunity to refute or comment on it.

  “Compare: 1989 No 74 s 24(5)

“30I Non-disclosure by Director of information for safety reasons

• “(1) Nothing in section 30H requires the Director to disclose any information the disclosure of which would be likely to endanger the safety of any person.

  “(2) If the Director determines not to disclose any information in reliance on subsection (1), the Director must inform the person of the fact of non-disclosure and,—

  • “(a) in the case of non-disclosure to an individual of information about the individual,—

    • “(i) inform the individual that he or she may, under the Privacy Act 1993, complain to the Privacy Commissioner about that non-disclosure; and

    • “(ii) the provisions of that Act apply to that non-disclosure as if, following a request under that Act for the information withheld, the information has been withheld in reliance on section 27(1)(d) of that Act; and

  • “(b) in any other case,—

    • “(i) inform the person that the person may seek a review by an Ombudsman of that non-disclosure under the Official Information Act 1982; and

    • “(ii) the provisions of that Act apply to that non-disclosure as if, following a request under that Act for the information withheld, the information had been withheld in reliance on section 6(d) of that Act.

  “Compare: 1989 No 74 s 24(6), (7)

“Subpart 3—Licensing of transport services

“30J Transport service operators may not carry on certain transport services unless licensed to do so

• A transport service operator may not carry on any of the following transport services unless licensed to do so:

  • “(a) goods service:

  • “(b) passenger service:

  • “(c) rental service:

  • “(d) vehicle recovery service.

“30K Application for transport service licence

• “(1) Every application for a transport service licence must be—

  • “(a) made in accordance with the regulations and the rules; and

  • “(b) accompanied by the fee (if any) required by the regulations.

  “(2) A person may not hold or apply for a transport service licence while he or she is disqualified under this Act or any other Act from holding or obtaining a transport service licence.

  “Compare: 1989 No 74, s 6

“30L Grant of licence

• “(1) After considering an application for a transport service licence, the Director may grant the licence only if the Director is satisfied that—

  • “(a) the applicant is a fit and proper person to hold a transport service licence; and

  • “(b) any person who is to have, or is likely to have, control or involvement in the operation of the transport service is a fit and proper person to have such control or involvement; and

  • “(c) the applicant or any person who is to have control of the service is the holder of the appropriate certificate (if any) required by the regulations or the rules; and

  • “(d) all relevant requirements of this Act, the regulations, and the rules have been complied with.

  “(2) In determining whether or not a person is a fit and proper person to operate, control, or have an involvement in, a transport service, the Director must consider the matters specified in subpart 2.

  “(3) Subpart 5 applies to a decision not to grant a transport service licence.

  “Compare: 1989 No 74 s 8(1), (2)

“30M Conditions of transport service licences

• Despite section 30L(1) and (2), the Director may grant the licence on such conditions as the Director may specify on the licence or in writing to the holder if the applicant applies for a goods service licence and the Director—

  • “(a) is not satisfied that the applicant is a fit and proper person to operate a goods service under the licence sought; but

  • “(b) is satisfied that—

    • “(i) the applicant is a fit and proper person to operate a goods service under a licence to carry the applicant's own goods, if specified conditions are imposed; and

    • “(ii) the grant of such a licence is not contrary to the public interest.

  “Compare: 1989 No 74 s 8(3)

“30N Transfer, assignment, or lease of transport service licence prohibited

• “(1) A transport service licence may not be transferred, leased, or assigned to any person.

  “(2) Nothing in subsection (1) prevents the carrying on of a transport service under a transport service licence that was previously held by a deceased person or a person permanently mentally incapacitated, for a period not exceeding 6 months following the death or incapacitation of the person,—

  • “(a) by the personal representative of the deceased or incapacitated person; or

  • “(b) by any other person under an arrangement with the personal representative.

  “Compare: 1989 No 74 s 26(1), (2)

“30O Term of transport service licence

• “(1) A transport service licence takes effect on the day it is granted and continues in force until it is—

  • “(a) surrendered under subsection (2); or

  • “(b) deemed to be surrendered under subsection (3); or

  • “(c) revoked under section 30S.

  “(2) The holder of a transport service licence may surrender the transport service licence at any time by written notice to the Director.

  “(3) If no vehicle has been operated under a transport service licence for a period of 2 years, the licence is deemed to have been surrendered.

  “(4) No transport service licence for a transport service operated by any of the following may be suspended or revoked for any reason:

  • “(a) the Armed Forces; or

  • “(b) the Fire Services Commission; or

  • “(c) the police; or

  • “(d) any emergency service organisation approved by the Director for the purposes of this section.

  “Compare: 1989 No 74 ss 3(2), 27, 28

“30P Director may grant applications for approved taxi organisations

• “(1) The Director may grant an application by a person or an organisation to be an approved taxi organisation.

  “(2) An application by a person or organisation to be an approved taxi organisation must be made in accordance with the regulations or the rules.

  “(3) An approved taxi organisation must comply with the requirements relating to an approved taxi organisation specified in the regulations or the rules.

  “(4) A holder of a passenger service licence may not operate a taxi service under that licence unless the licence holder is a member of an approved taxi organisation.

  “Compare: 1989 No 74 ss 20, 21(1)

“30Q Circumstances in which Director must grant applications for approved taxi organisations

• “(1) Despite section 30P(1), the Director must grant an application if the Director is satisfied that—

  • “(a) the applicant is—

    • “(i) a person who holds, or has made an application for, a passenger service licence; or

    • “(ii) an organisation that represents operators of taxi services; and

  • “(b) any person who will have, or is likely to have, control of the proposed taxi organisation is a fit and proper person, within the meaning of subpart 2, to have control of the proposed taxi organisation; and

  • “(c) any person who will have, or is likely to have, control of the proposed taxi organisation holds the appropriate certificate (if any) required by the regulations or the rules; and

  • “(d) the operating rules, rosters, and other internal operating procedures of the proposed taxi organisation are likely to provide adequate control over the proposed taxi organisation's members and their drivers; and

  • “(e) the proposed taxi organisation's members and their drivers have the ability to meet the relevant requirements of the regulations and the rules; and

  • “(f) the proposed taxi organisation is likely to be able to meet the relevant requirements of the regulations and the rules; and

  • “(g) the signage of the proposed taxi organisation is sufficiently distinguishable from the signage of any other approved taxi organisation operating in the same area.

  “(2) Approval of an application includes approval of the proposed operating rules for the proposed taxi organisation.

  “(3) Subpart 5 applies to a decision not to grant an application.

  “Compare: 1989 No 74 s 21(3), (3A), (4)

“30R Director may revoke approval

• “(1) The Director may revoke any approval granted under section 30P(1) or section 30Q(1) if—

  • “(a) the person or organisation has been convicted 3 times or more of an offence against this Act or the regulations; or

  • “(b) the person or organisation no longer meets the criteria to be an approved taxi organisation; or

  • “(c) the Director is satisfied that the person or organisation, or any person in control of the organisation,—

    • “(i) is not a fit and proper person, within the meaning of subpart 2, to have control of an approved taxi organisation; or

    • “(ii) is not a fit and proper person to have control of an approved taxi organisation because the drivers within that approved taxi organisation have failed to maintain, in accordance with the regulations or the rules,—

      • “(A) an adequate area knowledge; or

      • “(B) an appropriate ability to communicate in the English language; or

    • “(iii) is unable to maintain adequate control over the activities of its members or their drivers in accordance with—

      • “(A) the organisation's operating rules; and

      • “(B) any relevant regulations or rules made under this Act.

  “(2) Subpart 5 applies to a decision to revoke an approval.

  “Compare: 1989 No 74 s 23

“Subpart 4—Revocation of transport service licences

“30S When Director may revoke transport service licence

• “(1) The Director may revoke a transport service licence if the Director is satisfied that—

  • “(a) the holder of the transport service licence is not a fit and proper person to be the holder of a transport service licence; or

  • “(b) any person having control of the service, or any person who has an involvement in the operation of the service, is not a fit and proper person to have control of, or be involved in, the operation of the service.

  “(2) Subpart 5 applies to a decision to revoke a transport service licence.

  “Compare: 1989 No 74 s 11(1)

“30T Procedure Director must follow before revoking transport service licence

• If the proposed revocation of a licence under this section is on the ground that a person other than the licence holder is not a fit and proper person,—

  • “(a) the notice required to be given to the licence holder by section 30W must specify the steps that the Director will require to be taken if the licence is not to be revoked, which steps may include a requirement that the person concerned cease all involvement in the service within a specified period; and

  • “(b) the licence must not be revoked where the licence holder complies with any such requirements of the Director.

  “Compare: 1989 No 74 s 11(2) and (3)

“30U Suspension of transport service licence

• “(1) If the holder of a transport service licence, or any person who has control of the service, does not hold a certificate required by the regulations or the rules, the Director may suspend the licence until the holder of the licence or the person who has control of the service is the holder of such a certificate.

  “(2) Subject to subsection (1), any such suspension shall cease immediately upon the holder of the licence or any person having control of the service obtaining the appropriate certificate and notifying the Director accordingly.

  “(3) Subpart 5 applies to a decision to suspend a transport service licence.

  “Compare: 1989 No 74 s 18(4) and (5)

“Subpart 5—Adverse decisions

“30V Interpretation

• In sections 30W to 30Y, unless the context otherwise requires,—

  “adverse decision means any decision of the Director—

  • “(a) that a person is not a fit and proper person under subpart 2; or

  • “(b) to refuse to grant—

    • “(i) a transport service licence under section 30L; or

    • “(ii) approval as an approved taxi organisation under section 30Q(1); or

  • “(c) to grant a licence on conditions under section 30M; or

  • “(d) to revoke—

    • “(i) a transport service licence under section 30S; or

    • “(ii) approval of an approved taxi organisation under section 30R(1); or

  • “(e) to suspend—

    • “(i) a transport service licence under section 30U; or

    • “(ii) a transport service driver or other person under section 87D; or

  • “(f) to disqualify—

    • “(i) a transport service driver under section 87A; or

    • “(ii) a transport service licence holder or person in control of a transport service under section 87B

  “affected licence holder, in relation to any person directly affected by an adverse decision, means the holder of or the applicant for the transport service licence for the transport service in which that person has or is to have control or is or will be involved, whether as a driver or otherwise

  “person directly affected, in relation to any adverse decision, means the person who would be entitled under section 106 to appeal against that adverse decision

  “person on the basis of whose character the adverse decision arises, in relation to any adverse decision made or proposed to be made on the ground that any person is not a fit and proper person for the purposes of the relevant service, licence, or other matter to which the decision relates, means the person whom the Director assesses as not being a fit and proper person.

  “Compare: 1989 No 74 s 25(1)

“30W Director to notify proposal to make adverse decision

• “(1) If the Director proposes to make an adverse decision under this Part in respect of any person, the Director must, by notice in writing,—

  • “(a) notify the person directly affected of the proposed decision; and

  • “(b) subject to subsection (3), inform that person of the grounds for the proposed decision; and

  • “(c) specify a date by which submissions may be made to the Director in respect of the proposed decision (which date must not be less than 21 days after the date on which the notice is given); and

  • “(d) if appropriate, specify the date on which the proposed decision will, unless the Director otherwise determines, take effect, being a date not earlier than 28 days after the date the notice is given; and

  • “(e) notify the person of the person's right of appeal under section 106, in the event of the Director proceeding with the proposed decision; and

  • “(f) specify such other matters as in any particular case may be required by this Act or any other Act.

  “(2) If the Director gives a notice under subsection (1), the Director—

  • “(a) must also supply a copy of the notice to—

    • “(i) any person on the basis of whose character the adverse decision arises, where that person is not the person directly affected:

    • “(ii) any affected licence holder, if the Director considers that the proposed adverse decision is likely to have a significant impact on the operations of that licence holder:

  • “(b) may supply a copy of the notice to any other affected licence holder.

  “(3) No notice or copy of a notice given under this section may include or be accompanied by any information referred to in section 30H except to the extent that—

  • “(a) the notice or copy is supplied to the person to whom the information relates; or

  • “(b) that person consents to the supply of that information to any other person.

  “Compare: 1989 No 74 s 25(2)-(4)

“30X Procedure for consideration of information

• If any notice or copy of a notice is given to any person under section 30W,—

  • “(a) it is the responsibility of the person to ensure that all information that the person wishes to have considered by the Director in relation to the proposed adverse decision is received by the Director within the period specified in the notice under section 30W(1)(c), or within any further period that the Director may allow in any case:

  • “(b) the Director may, but is not obliged to, consider any information supplied by the person after the expiry of the period referred to in paragraph (a), other than information requested by the Director and supplied by the person within such reasonable time as the Director may specify:

  • “(c) the Director must consider any submissions made in accordance with paragraph (a), and any information supplied pursuant to a request referred to in paragraph (b), but is not obliged to hear any person on the matter.

  “Compare: 1989 No 74 s 25(5)

“30Y Director's determination

• After considering the matters referred to in section 30X(c), the Director must—

  • “(a) finally determine whether or not to make the proposed adverse decision; and

  • “(b) as soon as practicable thereafter, notify in writing to the person directly affected, and any other person of a kind referred to in section 30W(2)(a), of—

    • “(i) the Director's decision; and

    • “(ii) if appropriate, the date on which the decision will take effect; and

    • “(iii) if appropriate, the right of appeal under section 106.

  “Compare: 1989 No 74 s 25(6).”

“Part 4B
“Work time and logbooks

“30Z Application of Part

• Nothing in this Part applies in respect of any rail service vehicle.

“30ZA Director may grant exemptions or approve alternative fatigue management schemes

• “(1) If the Director takes into account the criteria specified in section 166(2), the Director may, upon any conditions that he or she considers appropriate,—

  • “(a) with respect to subpart 1, grant written variations to work time requirements specified in subpart 1 or the rules:

  • “(b) with respect to subpart 2, grant partial or total written exemptions from some or all of the requirements to maintain logbooks:

  • “(c) approve, in accordance with the rules, an alternative fatigue management scheme that varies the work time restrictions or rest time requirements of any rule for all drivers covered by the relevant transport service licence.

  “(2) A variation or exemption granted, or an approval given under subsection (1), in relation to work time or logbooks may be amended or revoked at any time by the Director in writing.

  “(3) The Director may revoke, by notice in writing, any exemption from logbook use granted under the rules if the Director has reason to believe that the person has breached the rules or any conditions imposed under subsection (1).

  “(4) Before approving an alternative fatigue management scheme under subsection (1)(c), the Director must be satisfied that the applicant has consulted any representatives of the drivers covered by the relevant transport licence (including, but not limited to, unions).

  “Compare: 1962 No 135 s 70B(4), (5)

“Subpart 1—Work time

“30ZB Application of subpart

• “(1) This subpart applies if, in a cumulative work period,—

  • “(a) a driver drives a vehicle that requires a class 2, 3, 4, or 5 licence (as specified in the rules); or

  • “(b) a driver drives a vehicle that is used in—

    • “(i) a transport service (other than a rental service); or

    • “(ii) circumstances in which that vehicle must, or ought to, be operated under a transport service licence; or

  • “(c) a driver drives a vehicle that is used to carry goods for hire or reward.

  “(2) Despite subsection (1), this subpart—

  • “(a) applies whether or not the vehicle is—

    • “(i) engaged in any transport service; or

    • “(ii) carrying any load or passengers; but

  • “(b) does not apply to a driver of a goods service vehicle that—

    • “(i) requires a class 1 or class 2 licence (as specified in the rules); and

    • “(ii) is used within a 50 km radius of the vehicle's normal base of operation; and

    • “(iii) is not used for hire or reward.

“30ZC Limits on work time

• “(1) No driver may work for a period of time that—

  • “(a) exceeds the work time restrictions specified in this section, the rules, or any variation granted under section 30ZA; or

  • “(b) fails to comply with the rest time requirements specified in this section, the rules, or any variation granted under section 30ZA.

  “(2) In any cumulative work day, a driver—

  • “(a) may not exceed 13 hours of work time; and

  • “(b) must have at least 10 hours of continuous rest time.

  “(3) No driver may, in any cumulative work period, exceed 70 hours of work time.

  “(4) This section does not apply to a driver of an ambulance service, a fire brigade, or a rural fire party who is proceeding to or returning from an incident attended in response to a priority call specified in the rules.

  “Compare: 1962 No 135 s 70B(1), (2)

“30ZD Records must be kept

• “(1) A person who employs a person to drive a vehicle referred to in section 30ZB, and any self-employed driver who drives a vehicle referred to in section 30ZB, must keep—

  • “‘(a) time records, wage records, and other related employment records for the driver; and

  • “‘(b) accommodation records and receipts for the driver that are relevant to the driver's transport service or transport service vehicle; and

  • “‘(c) fuel records and receipts for the relevant transport service vehicles.

  “(2) The person who keeps the records required under subsection (1) must—

  • “(a) keep each record for 12 months from the date it is made; and

  • “(b) make all relevant time records, fuel records and receipts, accommodation records and receipts, wage records, and other related employment records in the possession or control of that person available for immediate inspection on demand at any reasonable time by an enforcement officer.

  “(3) Every enforcement officer to whom records are made available for inspection under subsection (2)(b) is entitled to make copies of those records.

  “Compare: 1962 No 135 s 70B(6), (6A)

“Subpart 2—Logbooks

“30ZE Application of subpart

• “(1) This subpart applies if, in a cumulative work period,—

  • “(a) a driver drives a vehicle that requires a class 2, 3, 4, or 5 licence (as specified in the rules); or

  • “(b) a driver drives a vehicle that is used in—

    • “(i) a transport service (other than a rental service); or

    • “(ii) circumstances in which the vehicle must, or ought to, be operated under a transport service licence; or

  • “(c) a driver drives a vehicle that is used to carry goods for hire or reward if that vehicle is a heavy motor vehicle.

  “(2) Despite subsection (1), this subpart—

  • “(a) applies whether or not the vehicle is—

    • “(i) engaged in any transport service; or

    • “(ii) carrying any load or passengers; but

  • “(b) does not apply to a driver of a goods service vehicle that—

    • “(i) requires a class 1 or class 2 licence (as specified in the rules); and

    • “(ii) is used within a 50 km radius of the vehicle's normal base of operation; and

    • “(iii) is not used for hire or reward.

“30ZF Drivers must maintain logbooks

• Unless exempted under section 30ZA(1), the regulations, or the rules, a driver must maintain a logbook in the—

  • “(a) manner prescribed by the rules; and

  • “(b) form approved by the Director in accordance with the rules.

  “Compare: 1962 No 135 s 70C(1)

“30ZG Director may approve or revoke alternative means of recording matters

• The Director may, in accordance with the rules, approve or revoke an alternative means of recording matters relevant to the monitoring of work time.

“30ZH Duties regarding logbooks

• “(1) A driver must—

  • “(a) retain a logbook required to be maintained by that driver under section 30ZF for a period of 12 months after the date of the last entry in that logbook; and

  • “(b) in the case of a driver who is an employee, deliver a copy of each completed logbook record to the driver's employer within 14 days after completing that record, and the employer must retain the copy of each logbook record for a period of 12 months from the date of the record.

  “(2) A driver must—

  • “(a) carry a logbook with him or her at all times when driving a vehicle to which section 30Z applies; and

  • “(b) produce, on demand by any enforcement officer and without delay, any logbook that—

    • “(i) the driver is required to maintain; and

    • “(ii) relates to—

      • “(A) the day of the driver's last rest time of at least 24 hours; and

      • “(B) all the days since that rest time.

  “(3) If the form of the logbook required to be maintained under section 30ZF includes an identical copy made simultaneously with the original of that logbook, and the logbook has been produced to an enforcement officer, that enforcement officer is entitled, on demand,—

  • “(a) to remove that identical copy; or

  • “(b) if that identical copy has previously been removed or is illegible, to make a copy of that logbook.

  “(4) A person who is required to retain a logbook or a copy of a logbook under subsection (1) must make it and all relevant time records, wage records, and other related employment records available for immediate inspection on demand by an enforcement officer at any reasonable time during the period for which it is required to be retained.

  “(5) A person to whom a logbook or a copy of a logbook or records are required to be made available for inspection under subsection (4) is entitled to make a copy of that logbook or that copy or those records.

  “Compare: 1962 No 135 s 70C(5)-(7A)

“Subpart 3—Evidence in proceedings

“30ZI Evidence in proceedings for offences against subpart 1 or subpart 2

• “(1) In proceedings for an offence against subpart 1 or subpart 2, the following is sufficient evidence of the contents of a log-book, unless the contrary is proved by production to the Court of the logbook or of an identical copy of the logbook made simultaneously with the original logbook,—

  • “(a) evidence given by an enforcement officer authorised to demand the production of logbooks under section 30ZH(2)(b), or by any person who had that status at the time when the alleged offence was committed, as to the contents of any logbook as seen and recorded by that person at the time it was produced; and

  • “(b) an identical copy of any logbook removed, or a copy of any logbook made, by an enforcement officer in accordance with section 30ZH(3) or section 30ZH(4).

  “(2) In any proceedings in respect of an offence against subpart 1 it is presumed, until the contrary is proved, that the contents of any logbook produced to an enforcement officer authorised to demand production of the logbook or removed by an enforcement officer from an accident scene where the driver is incapacitated are an accurate statement of the truth of the matter required to be recorded in the logbook by section 30ZF.

  “Compare: 1962 No 135 s 70D(8), (9).”

• “(a) drives a motor vehicle on a road—

  • “(i) with an expired driver licence; or

  • “(ii) without an appropriate driver licence; or”.

• “(i) in the case of a motorcyclist, drives under the supervision of a person who holds a driving instructor or testing officer endorsement under Part 5 of the Land Transport (Driver Licensing) Rule 1999 that is relevant to a class of licence for a motorcycle:

• “(ii) in any other case, drives while accompanied by a person who holds a driving instructor or testing officer endorsement under Part 5 of the Land Transport (Driver Licensing) Rule 1999.”

“33A Offence to operate as driving instructor without authorisation

• “(1) A person commits an offence if the person provides, or offers or agrees to provide, driving instruction in a motor vehicle for financial or commercial gain without an appropriate current driver licence authorising the person to operate as a driving instructor.

  “(2) The maximum penalty on conviction for an offence against subsection (1) is a fine not exceeding $1,000.”

• “(1) A person commits an indictable offence if the person—

  • “(a) drives or causes to be driven a motor vehicle recklessly and by that act or omission causes an injury to or the death of another person; or

  • “(b) drives or causes a motor vehicle to be driven at a speed or in a manner which, having regard to all the circumstances, is or might be dangerous to the public or to a person and by that act or omission causes an injury to or death of another person; or

  • “(c) without reasonable excuse, contravenes section 22 by failing to stop and ascertain whether any person has been injured, and render assistance, after an accident where a person has been injured or killed.”

“36B Contravention of section 22B or section 22C

• “(1) A person commits an offence if the person—

  • “(a) uses a traction engine without an appropriate qualification provided for in the regulations or the rules, for the purpose of qualifying the person to safely use the traction engine in a public place; or

  • “(b) uses a traction engine in a public place in a manner that, having regard to all the circumstances, is or might be dangerous to the public or to a person; or

  • “(c) uses a traction engine in a public place without displaying current evidence of vehicle inspection or any other certificate or both (as may be required by the regulations or the rules); or

  • “(d) fails to comply with the regulations or the rules concerning evidence of vehicle inspection or any other certificate required by the regulations or the rules, or concerning the use of a traction engine that is required to have such evidence or certificate or both.

  “(2) The maximum penalty on conviction for an offence against subsection (1) is a fine not exceeding $5,000.

  “(3) For the purposes of this section, public place has the meaning set out in section 22B(3).”

• “(1A) A person commits an offence if—

  • “(a) the person drives a motor vehicle, or causes a motor vehicle to be driven, carelessly; and

  • “(b) by that act or omission, causes an injury to or the death of another person.”

“43A Courts may impose appropriate fines for infringement offences that are not overloading offences

• A court may impose a fine for an infringement offence, other than an overloading offence, that is not more than the maximum fine prescribed for that offence, whether the fine imposed is more than, the same as, or less than the prescribed infringement fee for that offence.”

“47 Contravention of section 22(2), (3), (4), or (5)

• “(1) A person commits an offence if the person, without reasonable excuse, fails to provide the particulars specified under section 22(2) when required to do so under that section.

  “(2) A person commits an offence if the person, without reasonable excuse, fails to report an accident involving an injury to or the death of a person, in accordance with section 22(3), when required to do so by that section.

  “(3) A person commits an offence if the person, without reasonable excuse, fails to report damage to a motor vehicle or other property, in accordance with section 22(4) or (5), when required to do so by the applicable section.

  “(4) The maximum penalty on conviction for an offence against subsection (1) or subsection (2) or subsection (3) is a fine not exceeding $5,000.”

• “(aa) is the driver of a vehicle that is stopped and fails to remain stopped in accordance with section 114(2A); or”.

• “(4A) Subsection (4)(b) does not apply if an order is made under section 65.”

• “(3A) Subsection (3)(b) does not apply if an order is made under section 65.”

• “(3A) Subsection (3)(b) does not apply if an order is made under section 65.”

• “(b) the court must order the person to be disqualified from holding or obtaining a driver licence for 1 year or more in the case of a first or second offence against this section or section 56(1) or (2), or section 58(1), or section 60(1).”

• “(3A) If a person is convicted of a third or subsequent offence against this section or section 56(1) or (2), or section 58(1), or section 60(1) (whether or not that offence is of the same kind as the person's first or second offence against any of those provisions), the court must order the person to be disqualified from holding or obtaining a driver licence for more than 1 year.

• “(3B) Subsection (3A) does not apply if an order is made under section 65.”

• “(3A) It is no defence to proceedings for an offence against section 60 (which relates to failing or refusing to supply a blood specimen) that—

  • “(a) there was or may have been an error in the result of the breath screening test or evidential breath test; or

  • “(b) the occurrence or likely occurrence of any such error did not entitle or empower a person to request or require an evidential breath test or a blood test.”

• “(4) The court must make an order that requires a person to attend an Assessment Centre and that disqualifies that person from holding or obtaining a driver licence until the Director removes that disqualification under section 100 if—

  • “(a) the court convicts that person of a third or subsequent offence to which this section applies; and

  • “(b) the 2 or more previous offences were committed within 5 years of the date of the commission of the offence being dealt with by the court.”

“Part 6A
“Offences relating to transport services and penalties

“79A Offence to carry on transport service without licence

• “(1) A person commits an offence if the person carries on any transport service without the appropriate current licence.

  “(2) The maximum penalty on conviction for an offence against subsection (1) is a fine not exceeding $10,000.

  “(3) A person who is convicted of a second or subsequent offence against subsection (1) is liable on summary conviction to a fine not exceeding $25,000 and the court may, if it thinks appropriate, order any or every vehicle used under the transport service to be immediately impounded and held at a location that the Director specifies, at the expense of the convicted person (which is in addition to the fine and any other costs (if any) ordered by the court), for a period specified by the court that does not exceed 90 days.

  “(4) Any fees and charges incurred with respect to an impoundment under subsection (3) are recoverable from the convicted person by the vehicle recovery service operator or storage provider.

  “(5) Nothing in subsection (4) limits or affects any rights against the owner of the vehicle, or in respect of the vehicle, that may be exercised by the vehicle recovery service operator or storage provider.

  “(6) A person may not remove or release from storage an impounded motor vehicle, unless allowed to do so under this Act.

  “(7) The storage provider must immediately comply with a direction under this Act to release the vehicle to the owner or a person authorised for the purpose by the owner.

  “(8) The Director, or a person authorised for the purpose by the Director, may enter into such arrangements with vehicle recovery service operators and storage providers as he or she thinks necessary for the purposes of this section.

  “Compare: 1989 No 74, s 5(2), (5), (6)

“79B Provision of incorrect information

• A licence holder or person having control of a transport service who notifies the Director that the licence holder or person holds the appropriate certificate, knowing that the information is incorrect or being reckless as to whether or not it is correct, commits an offence and is liable on summary conviction to a fine not exceeding $10,000.

  “Compare: 1989 No 74 s 18(6)

“79C Failure to present vehicle for inspection

• “(1) A transport service licence holder commits an offence if he or she fails to present his or her transport service vehicle for inspection when required to do so by the Director.

  “(2) The maximum penalty on conviction for an offence against subsection (1) is a fine not exceeding $10,000.

“79D Contravention of section 30K

• “(1) A person commits an offence if the person applies for a transport service licence while disqualified from holding or obtaining a transport service licence.

  “(2) If a person is convicted of an offence against subsection (1),—

  • “(a) the maximum penalty is imprisonment for a term not exceeding 3 months or a fine not exceeding $4,500; and

  • “(b) the court must order the person to be disqualified from holding or obtaining a transport service licence for 6 months or more.

  “(3) The imposition of a mandatory disqualification under this section is subject, with all necessary modifications, to the criteria specified in section 81.

“79E Liability of persons who use unlicensed transport service

• “(1) A person commits an offence if the person uses a transport service and knows or ought reasonably to know that, at the time the person used the transport service,—

  • “(a) the operator of the transport service did not hold an appropriate transport service licence; or

  • “(b) the operator of the transport service was disqualified from holding or obtaining a transport service licence; or

  • “(c) the transport service licence of the operator was suspended or revoked.

  “(2) The maximum penalty on conviction for an offence against subsection (1) is a fine not exceeding $25,000.

“79F Contravention of section 30M

• “(1) A person who holds a goods service licence commits an offence if the person fails to comply with or contravenes any condition imposed in respect of the holder's licence under section 30M.

  “(2) The maximum penalty on conviction for an offence against subsection (1) is a fine not exceeding $10,000.

  “Compare: 1989 No 74 s 8(4)

“79G Contravention of section 87G

• “(1) A person commits an offence if the person, having been prohibited under section 87G(1)(b) from driving a transport service vehicle, drives during the currency of the prohibition any vehicle being used in a transport service (other than a rental service) or a specified class of transport service.

  “(2) A person commits an offence if the person, having been prohibited under section 87G(1)(c) from carrying out duties or activities of a driving instructor or testing officer, does so during the currency of the prohibition.

  “(3) The maximum penalty on conviction for an offence against subsections (1) and (2) is a fine not exceeding $2,000 and disqualification from holding or obtaining a driver licence for such period (if any) as the court thinks fit.

  “(4) A person commits an offence if the person applies for or obtains a driver licence, other than a driver licence that relates principally to the use of private motor vehicles, while the person is disqualified under section 87G(1)(a) from obtaining the licence.

  “(5) The maximum penalty on conviction for an offence against subsection (4) is a fine not exceeding $500.

  “Compare: 1989 No 74 s 17(3)--(5)

“79H Contravention of section 128A

• “(1) A person who holds a passenger service licence or a driver of a small passenger service vehicle commits an offence if the person or the driver acts in contravention of or fails to comply with any direction given by an enforcement officer under section 128A.

  “(2) The maximum penalty on conviction for an offence against subsection (1) is a fine not exceeding $2,000.

  “Compare: 1989 No 74 s 37(3)

“79I Contravention of section 128B

• “(1) A person who holds a vehicle recovery service licence or a driver of a vehicle recovery service vehicle commits an offence if the person or the driver acts in contravention of or fails to comply with any direction given by an enforcement officer under section 128B.

  “(2) The maximum penalty on conviction for an offence against subsection (1) is a fine not exceeding $2,000.

  “Compare: 1989 No 74 s 38(3)

“79J Liability of employers and principal

• If an offence is committed against this Part by a person as the employee, agent, or contractor of another person, that offence must be treated as having been committed by both persons, whether or not it was done with the other person's knowledge or approval, if it is proved that—

  • “(a) the other person—

    • “(i) knew, or could reasonably be expected to have known, that the offence was to be, or was being, committed; and

    • “(ii) failed to take the steps that were reasonably practicable to prevent the commission of the offence; and

  • “(b) the other person failed to take the steps that were reasonable in the circumstances to remedy the effects of the act or omission that gave rise to the offence.

  “Compare: 1989 No 74 s 5(3)

“79K Liability of directors of bodies corporate

• If a body corporate is convicted of an offence against this Part, every director of the body corporate also commits the offence and is liable to the same penalty if it is proved that—

  • “(a) the act or omission that constituted the offence took place with his or her express or implied authority; and

  • “(b) he or she failed to take all reasonable steps to prevent or stop that act, or remedy that omission.

  “Compare: 1989 No 74 s 5(4)

“79L Court may require convicted transport service licence holder to sit examination

• The court may require a transport service licence holder to sit, or re-sit, the Certificate of Knowledge of Law and Practice examination if the transport service licence holder is convicted of—

  • “(a) an offence under this Part or any regulations pertaining to the operation of a licensed transport service; or

  • “(b) any other offence under this Act that is applicable to a vehicle used in a licensed transport service.

“79M Penalties for failure to pay passenger service fares

• “(1) A person who fails to pay a passenger service fare that he or she is liable to pay commits an infringement offence.

  “(2) The maximum penalty, on summary conviction for an offence against subsection (1), is a fine not exceeding $500.”

“Part 6B
“Offences relating to work time and logbooks

“Subpart 1—Work time

“79N Failure to keep or produce records or comply with conditions of exemption or approval

• Every person commits an offence who fails or refuses to comply with any of the requirements of section 30ZD or the conditions of any exemption granted or approval given under section 30ZA(1)(a) or (c), and is liable on conviction,—

  • “(a) in the case of a driver, to a fine not exceeding $2,000, and the person may, for a period of 1 calendar month or such greater period as the court thinks fit, be disqualified from holding or obtaining a licence to drive a vehicle that—

    • “(i) requires a class 2, 3, 4, or 5 licence (as specified in the rules); and

    • “(ii) is used in the relevant transport service; and

    • “(iii) is used to carry goods for hire or reward; or

  • “(b) in any other case, to a fine not exceeding $100,000.

  “Compare: 1962 No 135 s 70B(7)

“79O Failure to comply with prescribed work time restrictions or rest time requirements

• Every person commits an offence who fails to comply with any work time restrictions or rest time requirements prescribed in this Act or the rules, and is liable on conviction to,—

  • “(a) in the case of a person exceeding the work time restrictions or failing to comply with the rest time requirements by less than 60 minutes, a fine not exceeding $2,000, and, as the court thinks fit,—

    • “(i) the person may, for a period of 1 calendar month or any greater period that the court thinks fit, be disqualified from holding or obtaining a licence to drive a vehicle that—

      • “(A) requires a class 2, 3, 4, or 5 licence (as specified in the rules); and

      • “(B) is used in the relevant transport service; and

      • “(C) is used to carry goods for hire or reward; or

    • “(ii) the person must complete a work time and log-book course approved by the Director:

  • “(b) in the case of a person exceeding the work time restrictions or failing to comply with the rest time requirements by 60 minutes or more in a cumulative work day, a fine not exceeding $2,000, and the person must, for a period of 1 calendar month or any greater period that the court thinks fit, be disqualified from holding or obtaining a licence to drive a vehicle that—

    • “(i) requires a class 2, 3, 4, or 5 licence (as specified in the rules); and

    • “(ii) is used in the relevant transport service; and

    • “(iii) is used to carry goods for hire or reward; or

  • “(c) in the case of a person exceeding the work time restrictions or failing to comply with the rest time requirements by 120 minutes or more in a cumulative work period, a fine not exceeding $2,000, and the person must, for a period of 1 calendar month or any greater period that the court thinks fit, be disqualified from holding or obtaining a licence to drive a vehicle that—

    • “(i) requires a class 2, 3, 4, or 5 licence (as specified in the rules); and

    • “(ii) is used in the relevant transport service; and

    • “(iii) is used to carry goods for hire or reward.

“79P Defences to work time offences

• “(1) It is a defence in any proceedings for an offence under this subpart if the defendant proves that the failure to comply with subpart 1 of Part 4B was due to unavoidable delay in the completion of any journey arising out of—

  • “(a) circumstances that could not reasonably have been foreseen by the defendant; or

  • “(b) an emergency.

  “(2) For the purposes of subsection (1), emergency means—

  • “(a) a state of emergency declared under the Civil Defence Emergency Management Act 2002; or

  • “(b) an incident attended by an emergency service; or

  • “(c) an event requiring immediate action to save life or prevent serious injury.

  “Compare: 1962 No 135 s 70B(8)

“Subpart 2—Logbooks

“79Q Failure to discharge duties regarding logbooks

• Every person who fails or refuses to comply with any requirement of or demand made under section 30ZH commits an offence and is liable on conviction,—

  • “(a) in the case of a driver, to a fine not exceeding $2,000, and the person may, for a period of 1 calendar month or any greater period that the court thinks fit, be disqualified from holding or obtaining a licence to drive a vehicle that—

    • “(i) requires a class 2, 3, 4, or 5 licence as specified in the rules); and

    • “(ii) is used in the relevant transport service; and

    • “(iii) is—

      • “(A) a heavy motor vehicle; and

      • “(B) used to carry goods for hire or reward:

  • “(b) in any other case, to a fine not exceeding $25,000.

  “Compare: 1962 No 135 s 70C(8)

“79R Offences and proceedings concerning logbooks

• “(1) Every person commits an offence who—

  • “(a) maintains a logbook under section 30ZF while maintaining another logbook under that section; or

  • “(b) makes or causes to be made any false statement in a logbook or allows any omission to occur in the logbook.

  “(2) Every person commits an offence who, being the driver of a vehicle to which section 30ZF or section 30ZG applies,—

  • “(a) on demand by an enforcement officer fails to produce without delay all logbooks that are so demanded; or

  • “(b) on demand by an enforcement officer produces any logbook that is false in a material particular, whether or not the driver knows of the falsehood; or

  • “(c) on demand by an enforcement officer produces any logbook—

    • “(i) that omits a material particular, whether or not the driver knows of the omission; or

    • “(ii) in which any material particular is entered illegibly or in such a manner that the matters specified in the rules cannot be readily ascertained.

  “(3) Every person, not being the driver of the vehicle, commits an offence where the person requires, directs, or allows a vehicle to which section 30ZF or section 30ZG applies to be used and—

  • “(a) a logbook is not maintained in respect of the driving of that vehicle, whether or not the person knows that a logbook is not maintained; or

  • “(b) the logbook maintained in respect of the driving of that vehicle is false in a material particular, whether or not the person knows of the falsehood; or

  • “(c) the logbook maintained in respect of the driving of that vehicle omits a material particular, whether or not the person knows of the omission.

  “(4) Every person who commits an offence against this section is liable on conviction,—

  • “(a) in the case of a driver to a fine not exceeding $2,000, and the person may, for a period of 1 calendar month or any greater period that the court thinks fit, be disqualified from holding or obtaining a licence to drive a vehicle that—

    • “(i) requires a class 2, 3, 4, or 5 licence (as specified in the rules); and

    • “(ii) is used in the relevant transport service; and

    • “(iii) is—

      • “(A) a heavy motor vehicle; and

      • “(B) used to carry goods for hire or reward:

  • “(b) in any other case, to a fine not exceeding $25,000.

  “Compare: 1962 No 135 s 70D(1)-(3), (10)

“79S Defences to logbook offences

• “(1) It is a defence to a charge under section 79R(1) or section 79R(2) or section 79R(3) if the defendant proves that the proceedings relate to a motor vehicle or service or individual that has been exempted from the requirement to maintain a logbook under this Act, the rules, or regulations.

  “(2) In the case of a defendant who was not the driver of the vehicle to which the charge relates, it is a defence to a charge under section 79R(1) or section 79R(3)(b) or section 79R(3)(c) if the defendant proves that—

  • “(a) reasonable steps were taken by the defendant to prevent the false statement or material omission in the logbook; and

  • “(b) as soon as reasonably practicable after the false statement or material omission was drawn to the person's attention by any enforcement officer authorised to demand the production of logbooks under section 30ZH(2), the person produced to the enforcement officer a logbook containing no false statement or material omission.

  “(3) Except as provided in subsection (4), subsection (2) does not apply unless within 7 days after the service of the summons, or within such further time as the court may allow, the defendant has delivered to the prosecutor a written notice—

  • “(a) stating that the defendant intends to rely on subsection (2); and

  • “(b) specifying the reasonable steps that the defendant will claim to have taken.

  “(4) In any proceedings relating to a charge to which subsection (2) applies, evidence that the defendant took a step not specified in the written notice required by subsection (3) is not, except with the leave of the court, admissible for the purpose of supporting a defence under subsection (2).

  “Compare: 1962 No 135 s 70D(4)-(7).”

“Part 6C
“Offences relating to chain of responsibility

“79T Offence to cause or require driver to breach speed limits, maximum work time, or rest time requirements

• Every person commits an offence, and is liable on conviction to a fine not exceeding $25,000, who, by act or omission, directly or indirectly causes or requires (whether or not the sole cause) a driver to—

  • “(a) exceed any applicable speed limit if that—

    • “(i) person knew, or should have known, that the speed limit would be, or would likely be, exceeded; and

    • “(ii) driver is a driver to whom subpart 1 of Part 4B applies; or

  • “(b) exceed the maximum work time prescribed in this Act or the rules if that person knew, or should have known, that the maximum work time would be, or would likely be, exceeded; or

  • “(c) fail to comply with the rest time requirements prescribed in this Act or the rules if that person knew, or should have known, that the rest time requirements would not be, or would likely not be, complied with; or

  • “(d) fail to maintain a logbook in the prescribed manner if that person knew, or should have known, that the failure to maintain the logbook would contravene subpart 2 of Part 6B.”

“79U Offence to cause or require driver to breach maximum gross weight limits

• Every person commits an offence, and is liable on conviction to a fine not exceeding $25,000, who, by act or omission, directly or indirectly causes or requires (whether or not the sole cause) a driver to operate a vehicle or combination of vehicles in breach of the applicable maximum gross weight limits for that vehicle or combination of vehicles if that person knew, or should have known, that the breach would, or would be likely to, occur.”

• “(a) the licence continues to be of no effect after the disqualification ends until the person applies for the same class of licence and the person qualifies for the licence by any or all (as the case may be) of the following:

  • “(i) completing any courses approved by the Director for that purpose:

  • “(ii) passing the tests and examinations approved by the Director for that purpose; and”.

• “(1A) If a person to whom subsection (1) applies has passed the appropriate theory test, the Director may—

  • “(a) issue a new licence to that person with the supervisory condition (if any) applicable to a learner licence for that class of vehicle as specified in the rules; or

  • “(b) endorse that person's existing licence with the supervisory condition (if any) applicable to a learner licence for that class of vehicle as specified in the rules.”

“84 New licence or endorsement to be issued if disqualified driver qualifies for specified vehicle classes

• “(1) This section applies if—

  • “(a) section 83(1) applies; and

  • “(b) the person—

    • “(i) applies for a class of licence that the person held immediately before that person was disqualified; and

    • “(ii) qualifies for that class of licence by any or all of the following:

      • “(A) completing any courses approved by the Director for that purpose:

      • “(B) passing the tests and examinations approved by the Director for that purpose.

  “(2) If this section applies, then the Director must—

  • “(a) issue a new licence to that person to authorise that person to drive the relevant class of motor vehicle and all lower classes of motor vehicles for which that person held a licence immediately before he or she was disqualified; or

  • “(b) endorse that person's existing licence to authorise that person to drive the relevant class of motor vehicle and all lower classes of motor vehicles for which that person held a licence immediately before he or she was disqualified.

  “(3) A class of licence to drive a motorcycle does not entitle a person to drive a motor vehicle other than a motor vehicle authorised by that class of licence.”

“Disqualification of transport service driver and other persons

“87A Disqualification of transport service driver

• If the Director is satisfied that a transport service driver is not a fit and proper person within the meaning of subpart 2 of Part 4A to drive a transport service vehicle, the Director may disqualify that person, for a period not exceeding 10 years, from driving any vehicle being used in a transport service (other than a rental service) or a specified class of transport service.

  “Compare: 1989 No 74 s 15(1)

“87B Disqualification of holder of transport service licence from holding transport service licence

• If the Director revokes a transport service licence, the Director may disqualify, for a period not exceeding 10 years, the holder of the transport service licence, or any other person who was in control of or involved in the transport service and whose fitness and propriety was the basis of, or contributed to, a decision to revoke the transport service licence, from—

  • “(a) holding or obtaining a transport service licence:

  • “(b) having any form of control of a transport service.

“87C Procedure for disqualifying person under section 87A or section 87B

• Subpart 5 of Part 4A applies to a decision to disqualify a person under section 87A or section 87B.

  “Compare: 1989 No 74 s 15(2)

“Suspension of transport service driver and other persons

“87D Immediate suspension of transport service driver and other persons in interests of public safety

• “(1) If the circumstances described in subsection (2) apply, the Director may, by notice in writing to the person concerned, suspend that person from—

  • “(a) driving any vehicle used in a transport service (other than a rental service) or a specified class of transport service:

  • “(b) being a driving instructor or testing officer, as the case may be.

  “(2) The circumstances referred to in subsection (1) are—

  • “(a) the Director considers that—

    • “(i) the person concerned is not a fit and proper person within the meaning of subpart 2 of Part 4A to drive a transport service vehicle or to be a driving instructor or testing officer, as the case may be; and

    • “(ii) the interests of public safety, or the need to ensure that the public is protected from serious or organised criminal activity, would seem to require immediate suspension of the person as a transport service driver, driving instructor, or testing officer, as the case may be; or

  • “(b) the person has been charged with any offence that is of such a nature that the interests of public safety, or the need to protect the public against serious or organised criminal activity, would require that a person convicted of committing such an offence not be a transport service driver, or driving instructor, or testing officer, as the case may be.

  “(3) In this section and sections 87E and 87F,—

  “driving instructor means a person who holds a driving instructor endorsement under Part 5 of the Land Transport (Driver Licensing) Rule 1999

  “testing officer means a person who holds a testing officer endorsement under Part 5 of the Land Transport (Driver Licensing) Rule 1999.

  “Compare: 1989 No 74 s 16(1)

“87E Procedure for suspending a person under section 87D

• Subpart 5 of Part 4A applies to a decision to suspend a person under section 87D.

  “Compare: 1989 No 74 s 16(2)

“87F Term of suspension

• “(1) A suspension under section 87D may take effect either immediately or from any date that the Director may specify.

  “(2) The Director may at any time withdraw a suspension imposed under section 87D.

  “(3) If any suspension has been imposed in respect of a person to whom section 87D(2)(b) applies, the suspension ceases immediately if—

  • “(a) the charge is withdrawn in circumstances where it is not replaced with another charge based on the same circumstances; or

  • “(b) the person is found not guilty of the offence charged.

  “Compare: 1989 No 74 s 16(1), (3), (4)

“Effect of disqualification or suspension of transport service driver and other persons

“87G Effect of disqualification or suspension of transport service driver and other persons

• “(1) If the Director disqualifies or suspends any person from driving a transport service vehicle or being a driving instructor or testing officer under either section 87A or section 87D, the Director may, for the period of the disqualification or suspension,—

  • “(a) revoke or suspend any driver licence held by the person, not being a licence of a class that relates principally to the use of private motor vehicles, and disqualify the person from holding or obtaining any such licence; and

  • “(b) prohibit the person from driving any vehicle used in a transport service (other than a rental service vehicle) or a specified class of transport service, even though the person may obtain or continue to hold a driver licence of a class that, although it relates principally to the use of private motor vehicles, also entitles the person to drive a transport service vehicle; and

  • “(c) prohibit the person from carrying out duties or activities as a driving instructor or testing officer.

  “(2) Nothing in this section or in any of sections 87A to 87F derogates from or affects any power of the Director under this Act, the regulations, or the rules, to revoke, suspend, or otherwise deal with any driver licence.

  “Compare: 1989 No 74 s 17(1), (2).”

• “(5) For the purposes of subsections (1) and (4), if an infringement fee is paid to the enforcement authority at the address for payment specified in the infringement notice before or within 28 days after service of a reminder notice for that offence or within 5 days after the expiry of that 28-day period, the following provisions apply to an infringement offence:

  • “(a) the date on which the infringement notice was issued is to be treated as the date on which the offence was committed; and

  • “(b) a summary conviction for the offence is to be treated as having been entered against the offender on the date of the payment of the infringement fee.”

“90 Suspension of licence or disqualification from driving under demerit points system

• “(1) If, in any 2-year period, a total of 100 or more demerit points have effect against a person, the Director must, by notice in writing given to that person, either—

  • “(a) suspend that person's current driver licence for 3 months; or

  • “(b) if the person does not hold a current driver licence on the date of the giving of the notice, disqualify the person from holding or obtaining a driver licence for 3 months.

  “(2) If the Director has been unsuccessful in giving notice to a person under subsection (1), an enforcement officer may, by notice in writing given to that person, either—

  • “(a) suspend that person's current driver licence for 3 months; or

  • “(b) if the person does not hold a current driver licence on the date of the giving of the notice, disqualify the person from holding or obtaining a driver licence for 3 months.

  “(3) A suspension or disqualification under subsection (1) or subsection (2) starts on the date the notice is given to the person.

  “(4) A person whose driver licence has been suspended under subsection (1) or subsection (2) may not hold or obtain a driver licence while the suspension is in force.”

• “(3A) For the purposes of subsection (3)(a), the court may impose a sentence of supervision as a community-based sentence if—

  • “(a) that sentence is appropriate; and

  • “(b) a suitable programme is available; and

  • “(c) the offender attends a suitable programme.”

• “(4) This section does not apply if—

  • “(a) section 63 or section 65 applies; or

  • “(b) the offender is prohibited from applying for a limited licence under section 103(2)(a), (b), or (d).”

• “(a) undergone an evidential breath test or blood test under this Act and been found,—

  • “(i) for an offence, where the person has previously been convicted of an offence against any of sections 56(1) or (2), 58(1), 60(1), or 61(1) or (2) within the last 4 years,—

    • “(A) to have a breath alcohol concentration exceeding 400 micrograms of alcohol per litre of breath; or

    • “(B) to have a blood alcohol concentration exceeding 80 milligrams of alcohol per 100 millilitres of blood:

  • “(ii) in any other case,—

    • “(A) to have a breath alcohol concentration exceeding 650 micrograms of alcohol per litre of breath; or

    • “(B) to have a blood alcohol concentration exceeding 130 milligrams of alcohol per 100 millilitres of blood; and”.

• “(c) driven a motor vehicle on a road at a speed exceeding—

  • “(i) the applicable permanent posted speed limit by more than 40 km an hour (which speed was detected by a means other than approved vehicle surveillance equipment); or

  • “(ii) any other speed limit by more than 50 km an hour (which speed was detected by a means other than approved vehicle surveillance equipment).”