Goods-service Vehicle (Constructional) Regulations 1936

Reprint
as at 10 May 2011

Coat of Arms of New Zealand

Goods-service Vehicle (Constructional) Regulations 1936

(SR 1936/80)

Galway, Governor-General

Order in Council

This 9th day of December 1936

Present
His Excellency the Governor-General in Council

Note

Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this reprint.

A general outline of these changes is set out in the notes at the end of this reprint, together with other explanatory material about this reprint.

These regulations are administered by the Ministry of Transport.

Pursuant to section 59 of the Transport Licensing Act 1931, His Excellency the Governor-General makes the following regulations.

Regulations

1 Preliminary

  • (1) This subclause contained a table of contents, which has been omitted in this reprint.

    (2) These regulations may be cited as the Goods-service Vehicle (Constructional) Regulations 1936.

    (3) These regulations shall come into force on 16 December 1936.

    (4) In these regulations, unless the context otherwise requires,—

    Agency means the New Zealand Transport Agency established under section 93 of the Land Transport Management Act 2003

    approved means approved by a vehicle inspector

    body means that portion of a vehicle designed or adapted to accommodate and protect the goods carried, and the driver and the attendants (if any)

    chassis means all that portion of a vehicle exclusive of the body and attachments for the body

    licensee means the holder of the licence under the authority of which a vehicle is so used, and includes an applicant for such licence

    vehicle means a motor vehicle used under the authority of a continuous or seasonal goods service licence issued under the Land Transport Act 1998 or required to be issued with a certificate of fitness or inspection warrant in terms of the said Act

    vehicle inspector, in relation to any provision in these regulations, means a person authorised by the Agency to perform any functions and exercise any powers of a vehicle inspector under that provision.

    (5) Subject to subclause (4) and unless the context otherwise requires, terms used in these regulations shall have the same meaning as in the Passenger Service Vehicle Construction Regulations 1978 (hereinafter referred to as the Passenger Regulations).

    (6) In so far as these regulations are inconsistent with or repugnant to the Heavy Motor Vehicle Regulations 1974, the Traffic Regulations 1976, or any regulations made in amendment thereof these regulations shall prevail; but save as aforesaid, compliance with these regulations shall not excuse any person from compliance with the other regulations above referred to.

    (7) 

    • (a) The Agency may, in special circumstances and subject to such conditions as he thinks fit to impose, grant exemption in respect of any vehicle from the provisions of any of these regulations, and may extend such exemption so that it may be granted at the discretion of the vehicle inspector to all vehicles of the same make, type, and model plying under similar conditions.

    • (b) Written application for such exemption shall in every case be made by the owner (or intending owner) of the vehicle or of the chassis to the vehicle inspector, and shall state fully the grounds on which exemption is sought. The application shall state the name of the maker of the chassis, shall properly identify the vehicle, and any other information required by the vehicle inspector shall be also supplied.

    Regulation 1(4) Agency: inserted, on 1 August 2008, by section 50(2) of the Land Transport Management Amendment Act 2008 (2008 No 47).

    Regulation 1(4) Authority: revoked, on 1 August 2008, by section 50(2) of the Land Transport Management Amendment Act 2008 (2008 No 47).

    Regulation 1(4) Director: revoked, on 1 August 2008, by section 50(2) of the Land Transport Management Amendment Act 2008 (2008 No 47).

    Regulation 1(4) vehicle: amended, on 10 May 2011, by section 100(3) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).

    Regulation 1(4) vehicle: amended, on 17 June 1949, by regulation 4(a) of the Goods-service Vehicle (Constructional) Regulations 1936, Amendment No 1 (SR 1949/76).

    Regulation 1(4) vehicle inspector: replaced, on 20 August 1993, by section 35(3) of the Land Transport Act 1993 (1993 No 88).

    Regulation 1(4) vehicle inspector: amended, on 1 August 2008, by section 50(2) of the Land Transport Management Amendment Act 2008 (2008 No 47).

    Regulation 1(5): amended, on 10 February 1978, pursuant to regulation 77 of the Passenger Service Vehicle Construction Regulations 1978 (SR 1978/15).

    Regulation 1(6): amended, on 1 February 1977, pursuant to regulation 138(1) of the Traffic Regulations 1976 (SR 1976/227).

    Regulation 1(6): amended, on 5 September 1974, pursuant to regulation 19(1) of the Heavy Motor Vehicle Regulations 1974 (SR 1974/218).

    Regulation 1(7): inserted, on 17 June 1949, by regulation 4(b) of the Goods-service Vehicle (Constructional) Regulations 1936, Amendment No 1 (SR 1949/76).

    Regulation 1(7)(a): amended, on 1 August 2008, by section 50(2) of the Land Transport Management Amendment Act 2008 (2008 No 47).

2 Brakes

  • [Revoked]

    Regulation 2: revoked, on 1 March 2007, by regulation 4 of the Goods Service Vehicle (Constructional) Amendment Regulations 2007 (SR 2007/4).

3 Tyres

  • [Revoked]

    Regulation 3: revoked, on 1 April 2002, by regulation 6(a) of the Land Transport (Offences and Penalties) Amendment Regulations 2002 (SR 2002/44).

4 Steering gear

  • [Revoked]

    Regulation 4: revoked, on 1 April 2002, by regulation 6(a) of the Land Transport (Offences and Penalties) Amendment Regulations 2002 (SR 2002/44).

5 Inspection of vehicle

  • (1) Whenever the vehicle is presented for inspection for any purpose the licensee shall on each such occasion present it in a thoroughly clean condition in all its parts.

    (2) The licensee shall give without charge every facility for expediting the inspection of the vehicle or its separate parts or for any testing or weighing thereof, and, if requested so to do, shall supply all tools or workshop equipment that it is possible for him to provide for the prompt inspection of the vehicle.

    (3) The licensee shall also provide without charge any skilled or unskilled labour that may reasonably be required during the inspection.

6 Jacks

  • One approved lifting jack of an ordinary rated capacity of at least two-thirds of the unladen weight of the vehicle shall at all times while a vehicle is in service be carried in a position which is easy of access without the use of a key.

7 Liquid fuel

  • Supplies of motor spirits or other liquid fuel intended to be consumed in any vehicle shall not be carried in that vehicle otherwise than in—

    • (a) the permanent fuel supply tanks thereof; or

    • (b) a specially fitted approved emergency fuel tank; or

    • (c) approved containers.

8 Dimensions and loading

  • [Revoked]

    Regulation 8: revoked, on 1 April 2005, by regulation 3 of the Goods Service Vehicle (Constructional) Amendment Regulations 2004 (SR 2004/446).

9 Notification of name and weight

  • [Revoked]

    Regulation 9: revoked, on 1 November 2009, by regulation 4 of the Goods Service Vehicle (Constructional) Amendment Regulations 2009 (SR 2009/288).

10 Passenger vehicles

  • (1) Notwithstanding anything to the contrary in these regulations, any motor vehicle used to carry passengers for hire or reward under a goods service licence endorsed for the carriage of passengers pursuant to subpart 3 of Part 4A of the Land Transport Act 1998 shall, subject as hereinafter appears, be deemed to be a passenger truck within the meaning and for the purposes of the Passenger Regulations.

    (2) Every such vehicle shall conform to regulation 8 and need not conform to the provisions of the Passenger Regulations relating to limitation of loads.

    (3) Every such vehicle shall conform to the provisions of the Passenger Regulations declared to apply to passenger trucks.

    (4) It shall not be necessary for any such vehicle to conform to any provision of the Passenger Regulations from which exemption is duly granted.

    Regulation 10(1): amended, on 10 May 2011, by section 100(3) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).

11 Offences and penalties

  • (1) No person shall use or drive or cause or permit to be used or driven for the purposes of a goods service licensed under a continuous or seasonal goods service licence any vehicle that does not comply with the requirements set out in these regulations.

    (2) No person shall do or omit or cause or knowingly permit or suffer to be done or omitted any act, matter, or thing contrary to the provisions of these regulations.

    (3) No person shall in relation to any matter dealt with in these regulations make any statement or supply any information that is false or misleading in any material particular.

    (4) [Revoked]

    Regulation 11(4): revoked, on 10 May 2011, by section 100(3) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).

Issued under the authority of the Acts and Regulations Publication Act 1989.

Date of notification in Gazette: 10 December 1936.

Contents

  • 1General

  • 2Status of reprints

  • 3How reprints are prepared

  • 4Changes made under section 17C of the Acts and Regulations Publication Act 1989

  • 5List of amendments incorporated in this reprint (most recent first)

Notes
1 General

  • This is a reprint of the Goods-service Vehicle (Constructional) Regulations 1936. The reprint incorporates all the amendments to the regulations as at 10 May 2011, as specified in the list of amendments at the end of these notes.

    Relevant provisions of any amending enactments that contain transitional, savings, or application provisions that cannot be compiled in the reprint are also included, after the principal enactment, in chronological order. For more information, see http://www.pco.parliament.govt.nz/reprints/ .

2 Status of reprints

  • Under section 16D of the Acts and Regulations Publication Act 1989, reprints are presumed to correctly state, as at the date of the reprint, the law enacted by the principal enactment and by the amendments to that enactment. This presumption applies even though editorial changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in the reprint.

    This presumption may be rebutted by producing the official volumes of statutes or statutory regulations in which the principal enactment and its amendments are contained.

3 How reprints are prepared

  • A number of editorial conventions are followed in the preparation of reprints. For example, the enacting words are not included in Acts, and provisions that are repealed or revoked are omitted. For a detailed list of the editorial conventions, see http://www.pco.parliament.govt.nz/editorial-conventions/ or Part 8 of the Tables of New Zealand Acts and Ordinances and Statutory Regulations and Deemed Regulations in Force.

4 Changes made under section 17C of the Acts and Regulations Publication Act 1989

  • Section 17C of the Acts and Regulations Publication Act 1989 authorises the making of editorial changes in a reprint as set out in sections 17D and 17E of that Act so that, to the extent permitted, the format and style of the reprinted enactment is consistent with current legislative drafting practice. Changes that would alter the effect of the legislation are not permitted.

    A new format of legislation was introduced on 1 January 2000. Changes to legislative drafting style have also been made since 1997, and are ongoing. To the extent permitted by section 17C of the Acts and Regulations Publication Act 1989, all legislation reprinted after 1 January 2000 is in the new format for legislation and reflects current drafting practice at the time of the reprint.

    In outline, the editorial changes made in reprints under the authority of section 17C of the Acts and Regulations Publication Act 1989 are set out below, and they have been applied, where relevant, in the preparation of this reprint:

    • •omission of unnecessary referential words (such as “of this section” and “of this Act”)

    • •typeface and type size (Times Roman, generally in 11.5 point)

    • •layout of provisions, including:

      • •indentation

      • •position of section headings (eg, the number and heading now appear above the section)

    • •format of definitions (eg, the defined term now appears in bold type, without quotation marks)

    • •format of dates (eg, a date formerly expressed as “the 1st day of January 1999” is now expressed as “1 January 1999”)

    • •position of the date of assent (it now appears on the front page of each Act)

    • •punctuation (eg, colons are not used after definitions)

    • •Parts numbered with roman numerals are replaced with arabic numerals, and all cross-references are changed accordingly

    • •case and appearance of letters and words, including:

      • •format of headings (eg, headings where each word formerly appeared with an initial capital letter followed by small capital letters are amended so that the heading appears in bold, with only the first word (and any proper nouns) appearing with an initial capital letter)

      • •small capital letters in section and subsection references are now capital letters

    • •schedules are renumbered (eg, Schedule 1 replaces First Schedule), and all cross-references are changed accordingly

    • •running heads (the information that appears at the top of each page)

    • •format of two-column schedules of consequential amendments, and schedules of repeals (eg, they are rearranged into alphabetical order, rather than chronological).

5 List of amendments incorporated in this reprint (most recent first)