This Act may be cited as the Road User Charges Amendment Act 1986, and shall be read together with and deemed part of the Road User Charges Act 1977 (hereinafter referred to as the principal Act).

(2)

This Act shall come into force on the 28th day after the date on which it receives the Governor-General’s assent.

2 Interpretation

(1)

Section 2(1) of the principal Act is hereby amended by repealing the definition of the term “gross weight”, and substituting the following definition:

“‘Gross weight’, in relation to a motor vehicle, means the weight which is transmitted to the road surface through the axle or group of axles of the vehicle, and includes all weight exerted on that vehicle by any other vehicle:

“Provided that—

“(a)

Without limiting the methods by which the gross weight of a vehicle may be determined, the gross weight of a motor vehicle may be determined by adding the weight transmitted to the road surface at different parts of the vehicle:

“(b)

Where the gross weight of any one of a combination of vehicles is to be ascertained, nothing in this Act shall require the vehicles comprising the combination to be detached from each other and be separately weighed:”.

(2)

Section 2(1) of the principal Act is hereby further amended by repealing the definition of the term “weight”, and substituting the following definition:

“‘Weight’, in relation to an axle, a group of axles, or a motor vehicle, means the weight or (as the case may be), the sum of the weights, recorded on a weighing device of a type approved by the Minister of Transport for the purposes of the definition of the term weight’ in the Transport Act 1962, and used in a manner prescribed by the Minister of Transport by notice in the Gazette for the purposes of that term under that Act.”

3 Certain motor vehicles to have distance licences

Section 5 of the principal Act is hereby further amended by repealing paragraph (c), and substituting the following paragraph:

“(c)

The motor vehicle has attached to it a distance recorder which—

“(i)

Is fitted in accordance with the provisions of any regulations made under this Act; and

“(ii)

Is of a kind defined in any regulations made under this Act; and

“(iii)

Is recording accurately the distance travelled by the vehicle.”

4 Applications for licences

(1)

Section 8 of the principal Act (as amended by section 5(2) of the Road User Charges Amendment Act 1979) is hereby amended by repealing subsection (3), and substituting the following subsection:

“(3)

In every application under this section for a distance licence for a motor vehicle, the minimum reading to be specified in the licence shall be not greater than,—

“(a)

Where the application is for the first such licence for that vehicle,—

“(i)

The reading of the distance recorder fitted to the vehicle at the time when the vehicle was first required to be licensed under this Act:

“(ii)

If at the time when the vehicle was first required to be licensed under this Act there was no distance recorder fitted to the vehicle, the reading contained in records held by any automotive surveyor of the Ministry of Transport relating to the distance travelled by that vehicle:

“(b)

Where the last distance licence held in respect of that vehicle is surrendered pursuant to section 17 of this Act, the reading of the distance recorder fitted to the vehicle at the time of the application to surrender the licence (or, where the licence ceased to be valid by virtue of section 21 of this Act, at the time the licence ceased to be valid):

“(c)

In any other case, the maximum reading specified in the last distance licence held in respect of the motor vehicle.

“Where an application for a distance licence is made in contravention of this subsection, the amount arrived at by multiplying the distance in kilometres by which the minimum reading was overstated by the road user charge per kilometre for that licence shall, until paid in full to, or remitted by, the Commissioner, constitute a debt due to the Crown by the applicant for the licence, and may be recovered accordingly in any Court of competent jurisdiction.”

(2)

The Road User Charges Amendment Act 1979 is hereby consequentially amended by repealing section 5(2).

5 Refund of current distance licence charges where new distance licence issued

Section 15(1) of the principal Act is hereby amended—

(a)

By inserting, after the expression “2”, the word “current”:

(b)

By inserting, after the words “greater than”, the words “or equal to”.

6 Refunds for off-road travel

Section 16 of the principal Act is hereby amended by adding the following subsection:

“(4)

No refund of road user charges shall be made under this section after the expiry of 2 years from the date of issue of the distance licence.”

7 Remission of debt where off-road travel

The principal Act is hereby amended by inserting, after section 16, the following section:

“16a

“(1)

Where a debt is constituted under section 8(8) of this Act in respect of a motor vehicle and the Commissioner is satisfied that a distance recorder fitted to that motor vehicle has recorded distance travelled by the motor vehicle while not on a road and a distance licence relating to that motor vehicle was not required under this Act at the time that distance was recorded, he shall, upon application made to him, remit the proportion of the debt that relates to the distance travelled while not on a road.

“(2)

Every application under this section shall be in a form provided for the purpose by the Commissioner and shall contain such information as the Commissioner considers necessary to enable the remission to be made in accordance with this section.”

8 Surrender of road user licences

Section 17(1) of the principal Act (as substituted by section 7(2) of the Road User Charges Amendment Act 1979) is hereby amended—

(a)

By inserting in paragraph (a), after the words “New Zealand”, the words “and the vehicle’s registration plates have been surrendered to the Registrar of Motor Vehicles”:

(b)

By adding to subparagraphs (i), (iii), and (iv) of paragraph (c) in each case the words “and a replacement licence has been purchased”:

(c)

By inserting in subparagraph (v) of paragraph (c), after the word “needed”, the words “by any person or body”:

(d)

By omitting from paragraph (d) the word “current”.

9 Further provisions relating to refunds

Section 18 of the principal Act is hereby amended by adding the following paragraphs:

“(c)

In calculating the amount of a refund payable in respect of a licence under any provision of Part I of this Act, the Commissioner shall make due allowance for any debt due by the applicant under any other provision of Part I of this Act:

“(d)

All money refunded in error, whether of fact or of law, under any provision of Part I of this Act, shall be recoverable by the Commissioner under paragraph (c) of this section, or by action at law as a debt due to the Crown.”

10 District Court Judge may make assessment by consent

(1)

The principal Act is hereby amended by inserting, after section 18c (as inserted by section 6 of the Road User Charges Amendment Act 1980), the following section:

“18d

A District Court Judge may, instead of holding an inquiry and making an assessment under sections 1 8a and 18c of this Act, make an assessment by consent of the Commissioner and the person specified in the Commissioner’s application under section 18a of this Act, and subsections (2), (3), (4), and (5) of section 18c shall apply to the assessment by consent accordingly.”

(2)

Section 21a(1) of the principal Act (as inserted by section 9 of the Road User Charges Amendment Act 1979 and amended by section 7(1) of the Road User Charges Amendment Act 1980) is hereby consequentially amended by inserting, after the expression “section 18c”, the words “or section 18d”.

(3)

Section 22(2) of the principal Act (as substituted by section 10 of the Road User Charges Amendment Act 1979 and amended by section 7(2) of the Road User Charges Amendment Act 1980) is hereby consequentially amended by inserting, after the expression “section 18c”, the words “or section 18d”.

11 Display of licences

Section 19 of the principal Act is hereby amended

(a)

By omitting from paragraph (a) the words “affixed to the inside of”, and substituting the words “displayed behind”:

(b)

By omitting from paragraph (b) the word “affixed”, and substituting the word “displayed”:

(c)

By omitting from paragraph (b)(i) the words “on the windscreen”, and substituting the words “behind the windscreen”.

12 Rates of road user charges may be altered by Order in Council

(1)

Section 20(1) of the principal Act is hereby amended by repealing the proviso.

(2)

Subsection (2)(a) of section 20 of the principal Act is hereby amended

(a)

By omitting the words “of that session”, and substituting the words “of the next ensuing session”; and

(b)

By inserting, after the words “passed during that”, the words “or the previous”.

(3)

Section 20 of the principal Act is further amended by adding the following subsections:

“(4)

If any Order in Council or any provision of any Order in Council expires by virtue of subsection (2) of this section, any charges collected under that Order in Council or provision in excess of the charges otherwise payable shall, except so far as any other provision is made by an Act of Parliament in respect thereof, be refunded upon application made to the Commissioner.

“(5)

Every application under subsection (4) of this section shall be in a form provided for the purpose by the Commissioner, and shall contain such information as the Commissioner considers necessary to enable the refund to be made in accordance with this section.”

13 Restriction on fitting and repair of hubodometers

Section 22a(1) of the principal Act (as inserted by section 11(1) of the Road User Charges Amendment Act 1979) is hereby amended by inserting, after the word “removal”, the words “, loss, or displacement”.

14 Offences

(1)

Section 23(1) of the principal Act is hereby amended by repealing paragraphs (d) and (e) (as amended by section 12 of the Road User Charges Amendment Act 1979), and substituting the following paragraphs:

“(d)

Displays or causes to be displayed on any motor vehicle anything (not being a licence) that is likely to be mistaken for a licence; or any licence that is not current (other than a licence that immediately precedes, or immediately follows, the current licence) or is no longer valid or that does not relate to the motor vehicle; or

“(e)

Operates any motor vehicle that has displayed on it anything (not being a licence) that is likely to be mistaken for a licence, or any licence that is not current (other than a licence that immediately precedes, or immediately follows, the current licence) or is no longer valid or that does not relate to the motor vehicle; or”.

(2)

Section 23(1) of the principal Act is hereby further amended by inserting, after paragraph (fa) (as inserted by section 12(3) of the Road User Charges Amendment Act 1979), the following paragraph:

“(fb)

Operates a motor vehicle to which this Act applies which is fitted with a hubodometer which is designed for a tyre size other than that on the wheel to which the hubodometer is fitted unless the prior written approval of the Secretary for Transport is obtained; or”.

(3)

Section 23 of the principal Act is hereby further amended by inserting, after subsection (3a) (as inserted by section 2 of the Road User Charges Amendment Act 1984), the following subsections:

“(3b)

It shall be a defence in proceedings for an offence of operating a motor vehicle on a road when the gross weight of that motor vehicle is more than the maximum gross weight specified in the licence displayed on that motor vehicle, if the Court is satisfied that, having regard to the maximum gross weights specified in the licences displayed on any other attached vehicles, and to the actual gross weights of those attached vehicles, sufficient payment has been made in total to cover the charges that apply for the actual loadings on the individual vehicles at the time of the offence.

“(3c)

It shall be a defence in proceedings for an offence of operating a motor vehicle on a road when the distance licence displayed on the motor vehicle specifies the wrong vehicle type number of that motor vehicle if the defendant proves that—

“(a)

The vehicle was fitted with a lifting axle which was not transmitting a portion of the weight of the vehicle to the roadway at the time of the offence; and

“(b)

The vehicle was unladen, except for normal operating gear; and

“(c)

The lifting axle was capable of being altered by the fitted device so as to transmit to the roadway a portion of the weight of the vehicle; and

“(d)

If the lifting axle had been transmitting a portion of the weight of the vehicle to the roadway at the time of the offence, the vehicle type number specified on the licence would have been correct for the motor vehicle.

“(3d)

For the purposes of subsection (3c) of this section, a ‘lifting axle’ is an axle which is fitted with a device to alter the distribution of weight between the axles of a heavy motor vehicle.”

(4)

Section 23 of the principal Act is hereby consequentially amended

(a)

By inserting in subsection (1), after the words “subject to subsections (3)”, the expression “(3a), (3b), (3c),”:

(b)

By inserting in subsection (2), after the words “subject to subsections (3)”, the expression “(3a), (3b), (3c),”.

(5)

The Road User Charges Amendment Act 1979 is hereby consequentially amended by repealing section 12(2).

15 Second Schedule

The Second Schedule to the principal Act (as substituted by section 4(2) of the Road User Charges Amendment Act 1984) is hereby amended by adding to item 12 the words “and log skidders”.

This Act is administered in the Ministry of Works and Development.

Road User Charges Amendment Act 1986