Land Transport (Ordering a Vehicle off the Road) Notice 1999

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Land Transport (Ordering a Vehicle off the Road) Notice 1999

(SR 1999/33)


Note

This notice is administered in the Ministry of Transport.


PURSUANT to section 115 of the Land Transport Act 1998, the Land Transport Safety Authority of New Zealand gives the following notice.

1 Title and commencement
  • (1) This notice may be cited as the Land Transport (Ordering a Vehicle off the Road) Notice 1999.

    (2) This notice comes into force on 1 March 1999.

2 Interpretation
  • In this notice,—

    Authorised vehicle inspection agent means a person authorised by the Land Transport Authority to inspect vehicles and issue evidence of vehicle inspection who does not engage in repairing vehicles in the course of business

    Authorised vehicle inspection agent: this definition was amended, as from 1 December 2004, by section 19(2) Land Transport Management Amendment Act 2004 (2004 No 97) by omitting the word Safety. See sections 20 to 22 of that Act as to the savings and transitional provisions.

    Vehicle inspector means a person authorised by the Director of Land Transport to act as a vehicle compliance certifier.

    Vehicle inspector: this definition was amended, as from 1 December 2004, by section 19(2) Land Transport Management Amendment Act 2004 (2004 No 97) by omitting the word Safety. See sections 20 to 22 of that Act as to the savings and transitional provisions.

3 Forms
  • The forms set out in Schedules 1 to 3, or forms to the same effect, must be used in all appropriate cases.

4 Form of notice to be affixed to defective vehicle
  • Every notice directing that a vehicle is not to be driven on the road, which is to be affixed to the vehicle under section 115(1)(a) of the Land Transport Act 1998, must be in the form set out in Schedule 1.

    Clause 4 was substituted, as from 16 January 2006, by clause 3 Land Transport (Ordering a Vehicle off the Road) Amendment Notice 2005 (SR 2005/294).

4A Form of notice to be given to driver or owner of defective vehicle
  • Every notice directing that a vehicle is not to be driven on the road, which is to be given to the driver or owner of the vehicle under section 115(1)(b) of the Land Transport Act 1998, must be in the form set out in Schedule 1A.

    Clause 4A was inserted, as from 16 January 2006, by clause 3 Land Transport (Ordering a Vehicle off the Road) Amendment Notice 2005 (SR 2005/294).

5 Form of notice to be affixed to unsafe vehicle
  • Every notice to the effect that a vehicle on a road is not in a safe condition to be driven on the road, that is to be affixed to the vehicle under section 115(3)(a) of the Land Transport Act 1998, must be in the form set out in Schedule 2.

    The heading was amended, as from 16 January 2006, by clause 4 Land Transport (Ordering a Vehicle off the Road) Amendment Notice 2005 (SR 2005/294) by inserting the word unsafe after the words affixed to.

6 Form of notice to driver or owner of unsafe vehicle
  • Every notice ordering the removal of a vehicle from the road, that is to be given to the driver or owner of the vehicle under section 115(3)(b) of the Land Transport Act 1998, must be in the form set out in Schedule 3.

    The heading was amended, as from 16 January 2006, by clause 5 Land Transport (Ordering a Vehicle off the Road) Amendment Notice 2005 (SR 2005/294) by adding the words of unsafe vehicle.

7 Revocation
  • The Transport (Ordering a Vehicle off the Road) Notice 1995 (SR 1995/156) is consequentially revoked.


Schedule 1
Form of notice to be affixed to vehicle

cl 4

  • Schedule 1 was amended, as from 2 May 2003, by section 11 Land Transport (Unauthorised Street and Drag Racing) Amendment Act 2003 (2003 No 11) by inserting the note after paragraph 1.

  • Clause 8 was amended, as from 1 December 2004, by section 19(2) Land Transport Management Amendment Act 2004 (2004 No 97) by omitting the word Safety. See sections 20 to 22 of that Act as to the savings and transitional provisions.

  • Schedule 1 was substituted, as from 16 January 2006, by clause 6 Land Transport (Ordering a Vehicle off the Road) Amendment Notice 2005 (SR 2005/294).

Form
Notice to be affixed to defective vehicle

.

Schedule 1A
Form of notice to driver or owner

cl 4A

  • Schedule 1A was inserted, as from 16 January 2006, by clause 6 Land Transport (Ordering a Vehicle off the Road) Amendment Notice 2005 (SR 2005/294).

Form
Notice to driver or owner of defective vehicle

.
.

Schedule 2
Notice to be affixed to unsafe vehicle

cl 5

.
  • Clause 5 was amended, as from 1 December 2004, by section 19(2) Land Transport Management Amendment Act 2004 (2004 No 97) by omitting the word Safety. See sections 20 to 22 of that Act as to the savings and transitional provisions.

  • Clause 5 was amended, as from 16 January 2006, by clause 7 Land Transport (Ordering a Vehicle off the Road) Amendment Notice 2005 (SR 2005/294) by substituting the words Land Transport New Zealand for the words the Land Transport Authority.

Schedule 3
Notice to driver or owner of unsafe vehicle

cl 6

.

(Pursuant to section 115(3)(b) of the Land Transport Act 1998) Full name: Address: Date: ____________________________ Time: _____________________ 1. I believe that the vehicle, registration number, is not in a safe condition to be driven on the road because of— ____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________ 2. Under the provisions of section 115(3)(b) of the Land Transport Act 1998 you are directed that this vehicle is to be removed from the road and is not to be driven on any road until— (a) It has been inspected by a vehicle inspector who is an employee of an authorised vehicle inspection agent; and (b) The vehicle inspector is satisfied that the vehicle is in a safe condition for driving on the road; and (c) The vehicle inspector has issued new evidence of vehicle inspection for the vehicle and it is displayed on the vehicle. *3. You may, however, proceed at a speed of not more than ____ km/h via _______________________________________ to _________________________________ for repairs. 4. It is an offence to drive this vehicle (other than in circumstances outlined in paragraph 3) before new evidence of vehicle inspection has been obtained for, and is displayed on, the vehicle. It is also an offence to remove any notice issued under section 115(3)(a) of the Land Transport Act 1998 which is affixed to this vehicle before new evidence of vehicle inspection for the vehicle has been obtained for, and is displayed on, the vehicle. You are liable on conviction for either offence to a fine not exceeding $10,000. 5. Further information may be obtained from— *The nearest office of Land Transport New Zealand; or *The ________________________ police station. Notice no: __________________________ Enforcement officer no: _________________ stationed at ____________________________________ *Delete if inapplicable.

  • The heading was amended, as from 16 January 2006, by clause 8 Land Transport (Ordering a Vehicle off the Road) Amendment Notice 2005 (SR 2005/294) by inserting the word unsafe after the words owner of

  • Clause 5 was amended, as from 1 December 2004, by section 19(2) Land Transport Management Amendment Act 2004 (2004 No 97) by substituting the words Land Transport New Zealand for the words the Land Transport Safety Authority. See sections 20 to 22 of that Act as to the savings and transitional provisions.

Dated at Wellington this 5th day of February 1999.
MICHAEL S MORRIS,
Chairperson.
This notice was made by the Land Transport Safety Authority of New Zealand by a resolution passed at a duly constituted meeting held on the 5th day of February 1999.

Explanatory note

This note is not part of the notice, but is intended to indicate its general effect.

This notice, which comes into force on 1 March 1999, replaces the Transport (Ordering a Vehicle off the Road) Notice 1995, and empowers enforcement officers to order vehicles off the road. A new notice is required because of changes to procedures made by the Land Transport Act 1998.


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

Date of notification in Gazette: 11 February 1999.