Road User Charges Bill

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Hon Steven Joyce

Road User Charges Bill

Government Bill

261—2

As reported from the Transport and Industrial Relations Committee

Contents

Commentary

Key

1 Title

2 Commencement

Part 1
Preliminary provisions

3 Purpose

4 Overview

5 Interpretation

6 Act binds the Crown

Part 2
Road user charges

Subpart 1Key provisions

7 Requirement to pay road user charges

8 RUC vehicle must have distance recorder

9 RUC vehicle must have distance licence

10 Reading of distance recorder must not exceed maximum reading

11 RUC vehicle must have RUC vehicle type and RUC weight

12 Certain RUC vehicles must have additional licence

12 RUC vehicles issued with permit must have distance licence for RUC vehicle type H or additional licence

Other offences relating to distance recorders

13 Offences relating to distance recorders

14 Offence relating to interference with operation of distance recorder

Subpart 2Issue and display of RUC licence

15 Application for RUC licence

16 Application must be accompanied by payment of road user charges

17 Issue of RUC licence

18 Form of licence

19 Display of RUC licence

20 Proof of purchase if RUC licence issued but not received by operator

21 RUC licence must be produced on demand

22 Current distance licence to be provided to purchaser on sale of RUC vehicle

23 Offences relating to altering or defacing RUC licence

24 Offence of displaying anything on RUC vehicle likely to be mistaken for RUC licence

25 Offence of operating RUC vehicle on road with RUC licence obscured

Subpart 3Payment of road user charges

26 Road user charges are debt due to the Crown

27 Issue of RUC licence may be conditional on payment

28 Penalty for late payment

29 Road user charges to be paid into national land transport fund

30 Payment of administration fees received under this Act

Subpart 4Refund and waiver of road user charges

Refund of road user charges

31 Refund of road user charges for off-road travel

32 Refund of distance licence charge where new distance licence issued

33 Surrender of RUC licence

34 RUC collector may waive or refund road user charges if satisfied charge is excessive

Other provisions relating to refunds

35 Application for refund or waiver to be verified

36 Further provisions relating to refunds

37 Cancellation of debts

Subpart 5Electronic system providers

38 RUC collector may approve electronic system provider

39 Obligation of electronic system provider to report tampering

40 Disclosure and management of RUC information by electronic system provider

Offences

41 Offences relating to electronic system providers

42 Offences relating to electronic distance recorders

Subpart 6Hubodometers

43 RUC collector may approve hubodometer

44 Restrictions on fitting of hubodometer

45 Removal and retention of hubodometer or licence by enforcement officer

46 RUC collector may seize and retain hubodometer and licence

Offences

47 Offences relating to hubodometers

Part 3
Assessment of unpaid road user charges

Subpart 1RUC collector may issue assessment for unpaid road user charges

48 RUC collector may issue assessment for unpaid road user charges

Amendment of assessment

49 RUC collector may amend assessment

Review of assessment

50 Review of assessment

51 Unpaid road user charges specified in assessment debt due to the Crown

Penalties

52 Penalty for failure to pay after assessment

52A Penalty for failure to pay after receipt of notice under section 50(5)(a)

53 Penalty for failure to pay after review of assessment

53 Penalty for failure to pay after issue of new assessment

54 RUC collector may cancel penalty

Recovery of unpaid road user charges and penalties

54A Recovery of unpaid road user charges and penalties

Instalment arrangements

55 Instalment arrangements

Other provisions

56 Validity of assessments

57 RUC collector may take information from vehicle management system

58 Vehicle inspection records

Records

59 Certain persons must make and retain records

60 Inspection of records or other information

61 Access to business records held by third parties in relation to RUC vehicle

Subpart 2Appeal against review of assessment

62 Appeal to District Court against review of assessment

62 Appeal to District Court against notice issued under section 50(5)(a)

63 Procedure for appeal

Further appeals

64 Appeal to High Court on question of law

65 Further appeals to Court of Appeal or Supreme Court

66 Notice issued under section 50(5)(a) to continue in force pending appeal

67 Obligation to pay penalty not suspended by appeal

67 Obligation to pay penalty not suspended by appeal

67A RUC collector must refund overpayment of road user charges

Part 4
Enforcement and other matters

Subpart 1Enforcement

67B Interpretation

Proceedings for offences generally

68 Proceedings for offences generally

69 Evidence in proceedings

70 Admissibility of certain statements

Defences

71 Defences

Search warrants

72 Power to issue search warrant in respect of alleged offence

73 Offence relating to disclosing information acquired during inspection of records or search

Infringement offences

74 Interpretation

75 Infringement offences

76 Issue of infringement notice and reminder notices

77 Infringement fees

78 Courts may impose appropriate fines for infringement offences

Subpart 2Other matters

Regulations

79 Regulations specifying rates of road user charges

80 Licence for heavy RUC vehicle invalid 1 month after road user charges rate increased

80A Appointment of RUC collector

80B Exemption relating to light electric vehicles

80C Regulations relating to other exempt vehicles

81 Other regulations

81 Other regulations

81A Transitional regulations

Exemption of particular RUC vehicles

81B RUC collector may exempt particular RUC vehicles

Delegations

82 Chief executive may delegate functions, duties, or powers to person outside Ministry

83 Further provisions relating to delegation

Notice requirements

84 Notice requirements

Subpart 3Consequential amendments, repeal and revocation, and transitional and savings provisions

85 Consequential amendments to other enactments

86 Repeal and revocation

87 Transitional and savings provisions

Transitional and savings provisions

87 Transitional and savings provisions relating to licences issued under former Act

88 Transitional and savings provisions relating to electronic distance recorders and hubodometers approved under former Act

89 Other transitional and savings provisions

Schedule 1
Duties relating to management of RUC information by electronic system providers

Schedule 2
Notice requirements

Schedule 3
Consequential amendments to other enactments

Legislative history


The Parliament of New Zealand enacts as follows: