Land Transport (NZTA) Legislation Amendment Bill

  • enacted

Hon Phil Twyford

Land Transport (NZTA) Legislation Amendment Bill

Government Bill

192—2

Contents

Commentary
Key
1Title
2Commencement
2Commencement
3Amendments to Land Transport Management Act 2003
4Section 5 amended (Interpretation)
5Section 9 amended (The Crown’s authority to incur certain land transport expenses and capital expenditure)
6Section 10 amended (National land transport fund)
6ASection 65N amended (Functions of Agency under this subpart)
6BNew section 65NA inserted (Functions of Director under this subpart)
65NAFunctions of Director under this subpart
6CSection 65W amended (Assessment of tax)
6DSection 65X amended (Payment of regional fuel tax)
6ESection 65ZF amended (Agency and Auditor-General may require information)
6FSection 65ZG amended (Inspection of records or other information)
6GSection 65ZI amended (Offences and penalties)
7Section 92 amended (Overview)
8Section 95 replaced (Functions of Agency)
95Functions of Agency
9New sections 96A and 96B inserted
96AAgency must adopt and publish regulatory strategy
96BDelegation restrictions and other matters relating to committees that Agency is required to establish under rules
10Section 100 amended (Statement of intent)
11New sections 104A and to 104B and cross-heading inserted
104ADirector of Land Transport
104ADirector of Land Transport
104AAFunctions and powers of Director
104BDelegation of Director’s functions and powers
12Section 106 amended (Functions of regional transport committees)
12ASection 109 amended (Regulations)
12BNew sections 109A and 109B inserted
109AConfidentiality of information and documents
109BAgency may share or use information or documents
12CSchedule 1AA amended
13Amendments to Land Transport Act 1998
14Section 2 amended (Interpretation)
15Section 4 amended (General requirements for participants in land transport system)
16Section 18 amended (Health practitioners to give Agency medical reports of persons unfit to drive)
17Section 19 amended (Licences of certain persons subject to Mental Health (compulsory Assessment and Treatment) Act 1992
17ASection 22AC amended (Minister may amend, replace, or disallow bylaws)
18Section 23 amended (Issue of driver licences)
19Section 24 amended (Agency may issue temporary driver licences)
20Section 24A amended (Authorised persons may request driver licences for certain persons)
21Section 25 amended (Minimum age for driver licensing)
22Section 26 amended (Drivers may be tested and examined)
23Section 27 amended (Suspension and revocation of licences)
24Section 28 amended (Photographic driver licence)
25Section 29A amended (Persons convicted of specified serious offences prohibited from holding passenger endorsement)
26Section 29B amended (Passenger endorsement may be reinstated in certain cases)
27Section 30 amended (Driver licences are property of Agency and are to be surrendered in certain circumstances)
28Section 30A amended (Requirements for vehicles)
29Section 30C amended (General safety criteria)
30Section 30D amended (Additional criteria for small passenger service and vehicle recovery service)
31Section 30E amended (Additional criteria for large passenger service)
32Section 30F amended (Additional criteria for goods service)
33Section 30G amended (Agency may require information for fit and proper person assessment)
34Section 30H amended (Agency’s duties concerning prejudicial information)
35Section 30I amended (Non-disclosure by Agency of information for safety reasons)
36Section 30L amended (Grant of licence)
37Section 30M amended (Conditions of goods service licence)
38Section 30O amended (Term of transport service licence)
39Section 30Q amended (Records to be kept by facilitator of facilitated cost-sharing arrangements)
40Section 30S amended (When Agency may revoke transport service licence)
41Section 30T amended (Procedure Agency must follow before revoking transport service licence)
42Section 30U amended (Suspension of transport service licence)
43Section 30V amended (Interpretation)
44Section 30W amended (Agency to notify proposal to make adverse decision)
45Section 30X amended (Procedure for consideration of information)
46Section 30Y amended (Agency’s determination)
47Section 30ZA amended (Agency may grant exemptions or approve alternative fatigue management schemes)
48Section 30ZG amended (Agency may approve or revoke alternative means of recording matters)
49Section 32 amended (Contravention of section 5(1)(c))
50Section 65 amended (Mandatory disqualification and assessment for repeat offences)
51Section 65AK amended (Effect of other subsequent offences on alcohol interlock licence)
52Section 65B amended (Mandatory zero alcohol requirements for repeat offences and certain first offences)
53Section 79A amended (Offence to carry on transport service without licence)
54Section 79B amended (Provision of incorrect information)
55Section 79C amended (Failure to present vehicle for inspection)
56Section 79O amended (Failure to comply with prescribed work time restrictions or rest time requirements)
57Section 82A amended (Application for reinstatement if suspended for any period (other than under section 95), or disqualified for period not exceeding 12 months)
58Section 82C amended (Application for reinstatement following expiry of alcohol interlock licence or zero alcohol licence)
59Section 83 amended (Holder to undergo approved tests or courses if disqualified for more than 1 year)
60Section 84 amended (New licence to be issued if disqualified driver qualifies for specified vehicle classes)
61Section 87 amended (Particulars of certain court orders to be sent to Agency and offender)
62Section 87A amended (Disqualification of transport service driver)
63Section 87B amended (Disqualification of holder of transport service licence from holding transport service licence)
64Section 87D amended (Immediate suspension of transport service driver and other persons in interests of public safety)
65Section 87E amended (Procedure for suspending persons under section 87D)
66Section 87F amended (Term of suspension)
67Section 87G amended (Effect of disqualification or suspension of transport service driver and other persons)
68Section 88 amended (Demerit points to be recorded by Agency)
69Section 89 amended (Notice of demerit points)
70Section 90 amended (Suspension of licence or disqualification from driving under demerit points system)
71Section 91 amended (Cancellation and reinstatement of demerit points)
72Section 91E amended (Imposition of driver licence stop order)
73Section 91F amended (Effect of driver licence stop order)
74Section 91G amended (Cancellation of driver licence stop order)
75Section 91H amended (Termination of driver licence stop order if traffic fine paid or resolved)
76Section 92 amended (Compulsory attendance at driving improvement course or dangerous goods course)
77Section 93 amended (Court may order compulsory driving test)
77ASection 95 amended (Mandatory 28-day suspension of driver licence in certain circumstances)
78Section 96 amended (Vehicle seized and impounded for 28 days in certain circumstances)
79Section 96A amended (Impoundment of vehicle used in transport service)
80Section 99A amended (Agency may approve programmes)
81Section 100 amended (Agency to remove certain disqualifications)
82Section 100A amended (Agency may authorise removal of alcohol interlock device and certify that requirements of alcohol interlock sentence have been fulfilled)
83Section 101 amended (Appeal to Agency against mandatory suspension of driver licence)
84Section 105 amended (Court may make order authorising grant of limited licence)
85Section 106 amended (General right of appeal to District Court)
86Section 107 amended (Appeals against court orders relating to disqualification or grant of limited licence, and deferral of disqualification)
87Section 108 amended (Appeal against Agency’s refusal to remove disqualification or replace alcohol interlock licence with zero alcohol licence)
88Section 109 amended (Appeal against refusal of Agency to remove suspension of driver licence)
89Section 112 amended (Effect of appeal on demerit points)
90New sections 112A to 112G and cross-heading inserted
112ADirector Agency may accept enforceable undertakings
112BNotice of decision and reasons for decision
112CWhen enforceable undertaking is enforceable
112DCompliance with enforceable undertaking
112EContravention of enforceable undertaking
112FWithdrawal or variation of enforceable undertaking
112GProceedings for contravention or alleged contravention
91Section 115 amended (Enforcement officers may give directions prohibiting driving of vehicles)
92Section 129 amended (Vehicles may be inspected and directed to remain stopped for contravening dangerous goods rules)
93Section 130 amended (Power to inspect railway lines)
94Section 131 amended (Power to inspect premises used for loading and unloading of dangerous goods)
95Section 134 amended (Strict liability for offences involving insecure loads and loads falling from vehicles)
96Section 135 amended (Commencing proceedings, and jurisdiction, for offences)
97Section 141 amended (Provisions relating to infringement fees)
98Section 149 amended (Admissibility of certain statements by drivers of certain vehicles)
99Section 150 amended (Evidence of certain documents)
100Section 152 amended (Power of Minister to make ordinary rules)
101Section 157 amended (Rules concerning roads)
102Section 158 amended (Rules concerning licensing, standard-setting, etc)
103Section 159 amended (Rules concerning land transport documents)
104New sections 159A and 159B inserted
159ARules concerning register of land transport records
159BOrdinary rule may require committee to be established
104New section 159A inserted (Ordinary rule may require committee to be established)
159AOrdinary rule may require committee to be established
105Section 160 amended (Other provisions concerning ordinary rules)
106Section 167 amended (Regulations)
107Section 168 amended (Regulations relating to fees and charges for land transport)
107ANew section 168AAA inserted (Regulations relating to register of land transport records)
168AAARegulations relating to register of land transport records
108Section 168C amended (Piloting fees)
109Section 198 amended (Inspections and audits)
110New sections 200A to 200K and cross-heading inserted
200AInterpretation
200BLand transport Act may require creation of land transport record to give effect to decision or other thing
200BSecondary legislation may require creation of land transport record
200BALand transport records must be created for certain bylaws
200CRegister of land transport records
200DPurpose of register
200DAWhen Registrar must create land transport record
200DBEffect of land transport record
200EContents of register
200FOperation, access, and search of register
200GAmendments to register
200GAmendments to register
200HSubmitting of information to Registrar
200IRegistrar must notify person that record created
200JRegistrar may notify record or changes to register
200KCertified copy of information on register
111Section 207 amended (Delegation of Minister’s functions or powers to Agency)
112New section 208A inserted (Agency is enforcement officer for certain infringement offences)
208AAgency is enforcement officer for certain infringement offences
113Section 233 amended (Interpretation matters applying to this Part)
114Section 271 amended (Appointment of Registrar)
114ASchedule 1 amended
115Amendments to Railways Act 2005
116Section 4 amended (Interpretation)
116ANew section 5A inserted (Transitional, savings, and related provisions)
5ATransitional, savings, and related provisions
117Section 8 amended (Relationship of Act with Health and Safety at Work Act 2015)
118Section 15 amended (Certain rail participants must be licensed)
119Section 16 amended (Application for licence)
120Section 17 amended (Grant of licences)
121Section 18 amended (Transfer or assignment of licence prohibited)
122Section 19 amended (Term of licence)
123Section 20 amended (Register of licences)
124Section 21 amended (Conditions of licences)
125Section 22 amended (Agents and contractors)
126Section 23 amended (Power of Agency to suspend licence or impose temporary conditions)
127Section 24 amended (Power of Agency to revoke licence or impose permanent conditions)
128Section 25 amended (Matters relating to action taken under section 23 or section 24)
129Section 26 amended (Power of Agency to amend or revoke licences in other cases)
130Section 27 amended (Rights of persons affected in relation to adverse decisions)
131Cross-heading above section 28 amended
132Section 28 amended (Power of Agency to prohibit operation, impose conditions, or detain or immobilise rail vehicles or railway infrastructure)
133Section 30 amended (Contents of safety case)
134Section 31 amended (Matters to be taken into account in considering proposed safety case)
135Section 32 amended (Approval of safety case)
136Section 33 amended (Application to replace or vary approved safety case)
137Section 34 amended (Requirement by Agency to replace or vary approved safety case)
138Section 35 amended (Procedure for replacement or variation of approved safety case)
139Section 36 amended (Safety improvement plans)
140Section 37 amended (Ordinary and special safety assessments)
141Section 39 amended (Safety assessment report)
142Section 42 amended (Notification of requirement for improvements)
143Section 43 amended (Report on remedial action)
144Section 44 amended (Extension of time to complete remedial action)
145Section 45 amended (Appointment of safety assessors)
146Section 46 amended (Functions and duties of safety assessors)
147Section 47 amended (Powers of safety assessors to obtain information, etc)
148Section 48 amended (Powers of entry of safety assessors)
149Section 53 amended (Rules concerning authorisation, standard-setting, etc)
150Section 54 amended (Other provisions concerning ordinary rules)
151Section 60 amended (Regulations relating to fees and charges for rail transport)
152Section 67 amended (Power to prohibit or restrict persons from being involved in rail activities)
153Section 68 amended (Appeal to District Court)
154Section 69 amended (Procedure)
155Section 70 amended (Decision of Agency to continue in force pending appeal, etc)
156Section 95 amended (Who may file charging document for offence)
157Section 96 amended (Evidence and proof)
158Section 97 amended (Application of fees)
159Section 102 amended (Appointment of enforcement officers)
159ANew Schedule 1AA inserted
160Consequential amendments
Legislative history

The Parliament of New Zealand enacts as follows: