Transport (Vehicle and Driver Registration and Licensing) Act 1986

  • repealed
  • Transport (Vehicle and Driver Registration and Licensing) Act 1986: repealed, on 1 May 2011, by section 33 of the Land Transport Amendment Act 2009 (2009 No 17)
2 Interpretation
  • (1) In this Act, unless the context otherwise requires,—

    articulated vehicle means any motor vehicle with a semi-trailer attached so that part of the trailer is superimposed upon the motor vehicle and a substantial part of the weight of the trailer and of its load is borne by the motor vehicle

    design, in relation to a motor vehicle, refers to the construction of the motor vehicle, and not its use or intended use; and designed has a corresponding meaning

    driver, in relation to any vehicle, includes the rider of a motor cycle or moped; and drive has a corresponding meaning

    duplicate, in relation to any original certificate issued under this Act, includes a document that is a substitute or replacement for that certificate

    goods-service vehicle means a motor vehicle designed exclusively or principally for the carriage of goods (including animals and mails) but does not include a tractor

    gross weight, in relation to any vehicle or combination of vehicles, means the weight of the vehicle or of the vehicles comprising the combination, together with the load for the time being carried by the vehicle or vehicles, including any equipment and accessories

    provided that for the purposes of this Act and of any regulations under this Act, and without limiting the methods by which the gross weight of a vehicle may be determined, the gross weight of a vehicle may be determined by adding the weight on its axles or groups of axles:

    heavy-motor vehicle means a motor vehicle (other than a motorcar that is not used, kept, or available for the carriage of passengers for hire or reward) the gross weight of which exceeds 3 500 kilograms

    Minister means the Minister of Transport

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

    moped means a motor vehicle running on 2 or 3 wheels that is fitted with a motor having a power output not exceeding 2 kilowatts and is designed to be ridden at a speed not exceeding 50 kilometres per hour under normal conditions of use

    motorcar means a motor vehicle (other than a motor cycle or moped) designed exclusively or principally for the carriage of persons not exceeding 9 in number inclusive of the driver; and includes a motor vehicle which is designed principally for the carriage of passengers but which has rear doors and collapsible rear seats

    motor cycle means a motor vehicle running on 2 wheels, or not more than 3 wheels when fitted with a sidecar; and includes any vehicle with motor cycle controls declared by the Secretary to be a motor cycle; but does not include a moped

    motor vehicle means a vehicle drawn or propelled by mechanical power; and includes a trailer, but does not include—

    • (a) a vehicle running on rails; or

    • (b) [Repealed]

    • (c) a trailer (not being a trailer designed solely for the carriage of goods) that is designed and used exclusively as part of the armament of any of Her Majesty's Forces; or

    • (d) a trailer running on 1 wheel and designed exclusively as a speed measuring device or for testing the wear of vehicle tyres; or

    • (e) a vehicle designed for amusement purposes and used exclusively within a place of recreation, amusement, or entertainment to which the public does not have access with motor vehicles; or

    • (f) a pedestrian-controlled machine designed to perform some mechanical operation and not designed for the carriage of persons or goods; or

    • (g) a pedestrian-controlled forklift; or

    • (h) a vehicle that the Agency has declared is not a motor vehicle under section 168A of the Land Transport Act 1998; or

    • (i) a mobility device

    owner, in relation to a motor vehicle, means the person lawfully entitled to possession of the motor vehicle, except where—

    • (a) the motor vehicle is subject to a bailment that is for a period not exceeding 28 days; or

    • (b) the motor vehicle is let on hire pursuant to the terms of a rental-service licence—

    in which case owner means the person who, but for the bailment or letting on hire, would be lawfully entitled to possession of the motor vehicle

    prescribed fees means the applicable fees and charges prescribed for the purposes of Part 1 of this Act by regulations made under the Land Transport Act 1998

    Registrar means the person appointed by the Minister to be the Registrar of Motor Vehicles, and includes, where appropriate,—

    • (a) any person to whom the Registrar has delegated any of the powers, duties, or functions of the Registrar under this Act:

    • (b) any person for the time being authorised by the Registrar to perform any specified function of the Registrar under this Act

    registration plate means any registration plate issued under the Transport Act 1962 or this Act

    road includes a street; and also includes any place to which the public have access, whether as of right or not; and also includes all bridges, culverts, ferries, and fords forming part of any road, street, or place to which the public have access

    sale, in relation to any motor vehicle, includes disposition by way of hire-purchase; and sell, seller, and purchaser have corresponding meanings

    Secretary means the chief executive of the Ministry of Transport

    taxicab means a motor vehicle—

    • (a) designed principally for the carriage of persons not exceeding 8 in number, inclusive of the driver; and

    • (b) used for hire or reward for the carriage of passengers otherwise than on defined routes; and

    • (c) available for hire to any member of the public:

    traction engine means a motor vehicle that is—

    • (a) propelled by steam power; and

    • (b) designed for use on roads; and

    • (c) not designed for the carriage of goods or persons other than the driver:

    tractor means a motor vehicle (not being a traction engine) designed principally for traction at speeds not exceeding 50 kilometres an hour

    trade plate means a trade plate issued under section 22 of the Transport Act 1962 or section 34 of this Act

    traffic officer means an enforcement officer under the Land Transport Act 1998

    trailer means a vehicle without motive power that is capable of being drawn or propelled by a motor vehicle from which it is readily detachable; but does not include—

    • (a) a sidecar attached to a motor cycle; or

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

    trolley omnibus means an electrically propelled passenger-service vehicle that normally derives its power from an external source

    use, in relation to a vehicle, includes driving, drawing, or propelling by means of another vehicle, and permitting to be on any road; and to use and user have corresponding meanings

    vehicle means a contrivance equipped with wheels, tracks, or revolving runners upon which it moves or is moved; but does not include—

    • (a) a perambulator or pushchair:

    • (b) a shopping or sporting trundler not propelled by mechanical power:

    • (c) a wheelbarrow or hand-trolley:

    • (d) [Repealed]

    • (e) a pedestrian-controlled lawnmower:

    • (f) a pedestrian-controlled agricultural machine not propelled by mechanical power:

    • (g) an article of furniture:

    • (h) a wheel-chair not propelled by mechanical power.

    (2) Except in proceedings for an offence against this Act or any regulations under this Act, if any question arises whether any vehicle is designed as a motorcar, a goods-service vehicle, or any other type of motor vehicle for the purposes of this Act or of any regulations under this Act, that question shall be determined by the Secretary.

    Section 2(1) Authority: repealed, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

    Section 2(1) disabled person's vehicle: repealed, on 22 June 2005, by section 95(5) of the Land Transport Amendment Act 2005 (2005 No 77).

    Section 2(1) Director: repealed, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

    Section 2(1) duplicate: inserted, on 2 September 1993, by section 2 of the Transport (Vehicle and Driver Registration and Licensing) Amendment Act 1992 (1992 No 110).

    Section 2(1) gross weight: inserted, on 7 January 1989, by section 2 of the Transport (Vehicle and Driver Registration and Licensing) Amendment Act 1988 (1988 No 171).

    Section 2(1) heavy-motor vehicle: amended, on 29 July 1995, by section 2 of the Transport (Vehicle and Driver Registration and Licensing) Amendment Act 1995 (1995 No 45).

    Section 2(1) mobility device: inserted, on 22 June 2005, by section 95(5) of the Land Transport Amendment Act 2005 (2005 No 77).

    Section 2(1) motor vehicle paragraph (b): repealed, on 22 June 2005, by section 95(5) of the Land Transport Amendment Act 2005 (2005 No 77).

    Section 2(1) motor vehicle paragraph (g): amended, on 22 June 2005, by section 95(5) of the Land Transport Amendment Act 2005 (2005 No 77).

    Section 2(1) motor vehicle paragraph (h): inserted, on 22 June 2005, by section 95(5) of the Land Transport Amendment Act 2005 (2005 No 77).

    Section 2(1) motor vehicle paragraph (h): amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

    Section 2(1) motor vehicle paragraph (i): inserted, on 22 June 2005, by section 95(5) of the Land Transport Amendment Act 2005 (2005 No 77).

    Section 2(1) Officer of the Authority: repealed, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

    Section 2(1) prescribed fees: inserted, on 1 March 1999, by section 215(1) of the Land Transport Act 1998 (1998 No 110).

    Section 2(1) Registrar: substituted, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

    Section 2(1) Registrar: substituted, on 1 April 1987, by section 32(1) of the State Owned-Enterprises Act 1986 (1986 No 124).

    Section 2(1) Registrar: substituted, on 30 April 1997, by section 2(1) of the Transport (Vehicle and Driver Registration and Licensing) Amendment Act 1997 (1997 No 2).

    Section 2(1) Secretary: substituted, on 2 September 1993, by section 2 of the Transport (Vehicle and Driver Registration and Licensing) Amendment Act 1992 (1992 No 110).

    Section 2(1) traffic officer: substituted, on 1 August 1987, by section 2 of the Transport (Vehicle and Driver Registration and Licensing) Amendment Act 1987 (1987 No 107).

    Section 2(1) traffic officer: substituted, on 1 March 1999, by section 215(1) of the Land Transport Act 1998 (1998 No 110).

    Section 2(1)(d) vehicle: repealed, on 22 June 2005, by section 95(5) of the Land Transport Amendment Act 2005 (2005 No 77).