Transport Amendment Act 1988
Transport Amendment Act 1988
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Transport Amendment Act 1988
Public Act |
1988 No 139 |
|
Date of assent |
30 July 1988 |
|
Contents
An Act to amend the Transport Act 1962
BE IT ENACTED by the Parliament of New Zealand as follows:
1 Short Title and commencement
(1)
This Act may be cited as the Transport Amendment Act 1988, and shall be read together with and deemed part of the Transport Act 1962 (hereinafter referred to as the principal Act).
(2)
Except as provided in section 4(3) of this Act, this Act shall come into force on the date on which it receives the Royal assent.
2 Regulations
(1)
Section 77(1) of the principal Act is hereby amended by repealing paragraph (g), and substituting the following paragraph:
“(g)
Providing for the periodical examination of motor vehicles and the issue of warrants of fitness by the Department, local authorities, or persons approved by the Minister; prescribing fees or maximum fees or authorising the charging of reasonable fees in respect of such examinations (and different fees may be prescribed or provided for in respect of different circumstances and different testing authorities); prescribing the persons to whom any fees are to be paid; and exempting specified motor vehicles or classes of motor vehicles from the provisions of the regulations:”.
(2)
The following provisions are hereby consequentially repealed:
(a)
Section 12(1) of the Transport Amendment Act 1970:
(b)
Section 23(1) of the Transport Amendment Act 1974:
(c)
Section 26(3) of the Transport Amendment Act 1987.
3 Fees for traffic officer accident reports
The principal Act is hereby amended by inserting, after section 199, the following section:
“199a
“(1)
Any person shall, on making application to the Secretary and on payment of a fee of $55 (inclusive of any amount of goods and services tax that may be payable under the Goods and Services Tax Act 1985), be entitled to obtain a copy of any traffic officer accident report.
“(2)
The Secretary may delete or omit from any copy of a report required to be supplied under subsection (1) of this section any information that may be withheld in accordance with the provisions of the Official Information Act 1982, but where any such deletion or omission occurs—
“(a)
The Secretary shall inform the applicant that information has been deleted or omitted from the copy of the report; and
“(b)
The provisions of the Official Information Act 1982 shall apply to the deletion or omission as if, following a request under that Act for the information deleted or omitted, the information had been withheld in reliance on that Act.
“(3)
The fee referred to in subsection (1) of this section shall, notwithstanding anything in section 24(1) of the Official Information Act 1982, be payable by every person (including a natural person to whom the report relates) applying for a copy of a traffic officer accident report.
“(4)
In this section, the term “traffic officer accident report”
means a written report by a traffic officer who is an officer of the Department relating to an investigation of a traffic accident.”
4 Infringement fees increased
(1)
The principal Act is hereby amended by repealing the Second Schedule (as substituted by section 38(1) of the Transport Amendment Act 1987), and substituting the Second Schedule set out in the Schedule to this Act.
(2)
Section 38(1) of, and the Second Schedule to, the Transport Amendment Act 1987 are hereby consequentially repealed.
(3)
This section shall come into force on the 8th day of August 1988, and the infringement fees provided for in the Second Schedule to the principal Act (as substituted by subsection (1) of this section) shall apply only in respect of offences committed on or after that date.
Schedule New Second Schedule to Principal Act
Section 4(1)
“SECOND SCHEDULE Infringement Offences and Fees
Section 42a
PART I Parking Offences
| Offence | Infringement Fee (in addition to any towage fee—see below) |
|---|---|
| Any parking offence involving parking on a road in breach of a local authority bylaw, in excess of a period fixed by a meter or otherwise, where the excess time is— | |
| Not more than 30 minutes | $10 or such lesser amount as is fixed by the local authority |
| More than 30 minutes but not more than 1 hour | $14 or such lesser amount as is fixed by the local authority |
| More than 1 hour but not more than 2 hours | $20 or such lesser amount as is fixed by the local authority |
| More than 2 hours but not more than 4 hours | $30 or such lesser amount as is fixed by the local authority |
| More than 4 hours | $34 or such lesser amount as is fixed by the local authority |
| Any other parking offence | $40 |
Towage fee: Where expenses are incurred by an enforcement authority in respect of the movement or proposed movement under section 68b(1)(c) or section 68ba(2)(b) of this Act of the vehicle involved in the offence (whether or not the vehicle is in fact moved), the infringement fee shall be the total of the amount specified above in respect of the offence and the amount of the appropriate towage fee (including any goods and services tax payable in respect of the towage fee).
PART II Speeding Offences
| Offence | Infringement Fee $ |
|---|---|
| Any speeding offence, where the speed exceeds the speed limit by— | |
| Not more than 10 kilometres an hour | 30 |
| More than 10 kilometres an hour but not more than 15 kilometres an hour | 60 |
| More than 15 kilometres an hour but not more than 20 kilometres an hour | 90 |
| More than 20 kilometres an hour but not | |
| more than 25 kilometres an hour | 120 |
| More than 25 kilometres an hour but not more than 30 kilometres an hour | 160 |
| More than 30 kilometres an hour but not more than 35 kilometres an hour | 250 |
| More than 35 kilometres an hour but not more than 40 kilometres an hour | 300 |
PART III Overloading Offences
Table No. 1—Individual Axles
| Overloading Offence | Infringement Fee for that Axle |
|---|---|
| Where the axle weight recorded, reduced by 5 percent, exceeds the maximum permitted weight on the axle by— | $ |
| Not more than 500 kg | 150 |
| More than 500 kg but not more than 1,000 kg | 330 |
| More than 1,000 kg but not more than 1,500 kg | 600 |
| More than 1,500 kg but not more than 2,000 kg | 1,000 |
| More than 2,000 kg but not more than 2,500 kg | 1,300 |
| More than 2,500 kg but not more than 3,000 kg | 1,800 |
| More than 3,000 kg but not more than 3,500 kg | 2,300 |
| More than 3,500 kg | 2,800 |
Table No. 2—Groups of Two or More Consecutive Axles and All Axles of a Vehicle or Combination of Vehicles
| Overloading Offence | Infringement Fee for the Sum of Axle Weights |
|---|---|
| Where the sum of the recorded weights on the axles, reduced by 5 percent, exceeds the maximum permitted weight by— | $ |
| Not more than 1,000 kg | 150 |
| More than 1,000 kg but not more than 2,000 kg | 330 |
| More than 2,000 kg but not more than 3,000 kg | 600 |
| More than 3,000 kg but not more than 4,000 kg | 1,000 |
| More than 4,000 kg but not more than 5,000 kg | 1,300 |
| More than 5,000 kg but not more than 6,000 kg | 1,800 |
| More than 6,000 kg but not more than 7,000 kg | 2,300 |
| More than 7,000 kg but not more than 8,000 kg | 2,800 |
| More than 8,000 kg | 3,300 |
Individual axle weights
1.
For each axle the weight on which exceeds the maximum permitted weight for such an axle, the appropriate overloading infringement fee shown in table No. 1 shall be payable.
Two or more consecutive axle weights
2.
For each group of 2 or more consecutive axles of a vehicle or combination of vehicles the sum of the weights of which exceeds the sum of the weights permitted on a group of 2 or more consecutive axles with the recorded distance between the centres of the first and last axle of the group, the appropriate overloading infringement fee shown in table No. 2 shall be payable.
Total axle weight of a vehicle or combination of vehicles
3.
For each vehicle the sum of the axle weights of which exceeds the permitted sum of axle weights for a vehicle with the recorded distance between the centres of the first and last axle of the vehicle, the appropriate overloading infringement fee shown in table No. 2 shall be payable.
4.
For each combination of vehicles the sum of the axle weights of which exceeds the permitted sum of axle weights for a combination of vehicles with the recorded distance between the centre of the first axle of the first vehicle and the centre of the last axle of the last vehicle, the appropriate overloading infringement fee shown in table No. 2 shall be payable.
PART IV Offences Against Traffic Regulations 1976
| Offence against Regulation | Brief Description of Offence | Infringement Fee $ |
|---|---|---|
| 4(3) | Failure to drive within a lane | 55 |
| 6 | Failure to comply with lane-usage arrows | 55 |
| 9(1)(a) | Failure to stop at a stop sign | 55 |
| 15(1)(b), (c) | Failure to signal turn or move to right or left | |
| 55 | ||
| 18(1) | Failure to comply with signals given by traffic lights | 55 |
| 19(2) | Towing without required lights | 55 |
| 28(1) | Excessive emission of smoke or vapour | 55 |
| 29(1) | Excessively noisy vehicle | 55 |
| 29(6) | Unreasonable use of warning device | 55 |
| 30 | Failure to ensure child properly restrained in child restraint or seat belt | 75 |
| 30a | Permitting unrestrained child to ride alongside driver | 75 |
| 30b | Failure to wear seat belt or ensure child 8–15 years wears seat belt | 75 |
| 31(1) | Failure to wear securely fastened safety helmet | 75 |
| 32 | Operating motorcycle without adequate footrests | 55 |
| 37(2) | Driving without required lights | 55 |
| 37(5) | Failure to display red light on parked goods-service vehicle | 55 |
| 40 | Riding abreast | 35 |
| 42(2), (3) | Failure to display red light and reflector on moped | 35 |
| 43 | Failure to display red light and reflector on cycle manufactured before 1 January 1988 | 35 |
| 44 | Failure to display red light and reflector on cycle manufactured after 1 January 1988 | 35 |
| 44b | Careless riding of cycle or moped | 35 |
| Any offence involving a cycle or moped not specified above | 35 | |
| 51 to 56 | Any offence committed by a pedestrian | 16 |
| 58(1)(c) | Motorcycle not equipped with required headlamp | 55 |
| 60(1) | No rearward-facing side lamps | 35 |
| 69(1) | Vehicle not equipped with required warning device | 35 |
| 71(1) | Using worn or damaged tyre | 100 |
| 71(2) | Using smooth tyre | 100 |
| 73(3) | Driving with obscured windscreen | 55 |
| 74(1) | Operating vehicle without rear-vision mirror | 55 |
| 78(1) | Operating vehicle without required seat belts | 65 |
| 81 | Operating vehicle without required exhaust system and silencer | 55 |
| 82a | Operating moped or motorcycle without adequate footrests | 55 |
| 85(1) | Operating vehicle without current warrant or certificate of fitness | 100 |
| 85(5) | Operating vehicle not up to warrant or certificate of fitness standard | 100 |
PART V Other Offences
| Offence against Regulation | Brief Description of Offence | Infringement Fee $ |
|---|---|---|
| Section 5 Transport (Vehicle and Driver Registration and Licensing) Act 1986 | Using, or permitting to be used, on a road an unlicensed motor vehicle or a motor vehicle that does not have registration plates affixed in the prescribed manner | 200 |
| Section 37(4)(b) Transport (Vehicle and Driver Registration and Licensing) Act 1986 | Driving with an expired licence | 55 |
| Section 41(1) Transport (Vehicle and Driver Registration and Licensing) Act 1986 | Failure to produce driver’s licence | 55” |
This Act is administered in the Ministry of Transport.
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Versions
Transport Amendment Act 1988
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