Land Transport (Driver Licensing) Amendment Rule 2014

2014/265

Coat of Arms of New Zealand

Land Transport (Driver Licensing) Amendment Rule 2014

Pursuant to sections 152, 154, and 158 of the Land Transport Act 1998, and after having had regard to the criteria specified in section 164(2) of that Act, the Associate Minister of Transport makes the following ordinary rule.

Contents

1 Title

2 Commencement

3 Principal rule

4 Objective of rule

5 Consultation

6 New clause 5A inserted (Transitional, savings, and related provisions)

5A Transitional, savings, and related provisions

7 Clauses 9 to 13 replaced

9 Manner of lodging application for driver licence, endorsement, or driver identification card

10 Content of application

11 Identification: application in person

11A Identification: application online

12 Images on driver licences and driver identification cards

12A Statements in applications made online

13 Eyesight test

8 Clause 15 amended (Obtaining learner licence)

9 Clause 17 amended (Obtaining restricted licence)

10 Clause 19 amended (Obtaining full licence)

11 Clause 21 amended (Obtaining dangerous goods endorsement)

12 Clause 23 amended (Obtaining driving instructor endorsement)

13 Clause 27 amended (Obtaining passenger endorsement)

14 Clause 29 amended (Obtaining special-type endorsement)

15 Clause 31 amended (Obtaining testing officer endorsement)

16 Clause 34 amended (Obtaining vehicle recovery endorsement)

17 Clause 35 amended (Criteria and procedure in relation to fit and proper person test)

18 Clause 36 replaced (Application for driver identification card)

36 Application for driver identification card

19 Clause 37 amended (Driver identification card property of Agency)

20 Clause 55 amended (Person taking test must produce identification)

21 Clause 60 amended (Period of validity of driver licence)

22 Clause 63 amended (Form of driver licence)

23 Clause 67 amended (Renewal of driver licence)

24 Clause 67A amended (Reinstatement of driver licence with respect to those who have been disqualified for more than 12 months after end of disqualification)

25 Clause 67B amended (Reinstatement of driver licence after end of suspension for any period (other than under section 95 of Act) or disqualification for a period of not more than 12 months)

26 Clause 67C (Reinstatement of driver licence when there is no alcohol interlock licence or zero alcohol licence in force)

27 Clause 70 amended (Renewal of passenger, vehicle recovery, driving instructor, testing officer, or dangerous goods endorsement)

28 Clause 71 amended (Renewal of special-type endorsement)

29 Clause 73 amended (Renewal of driver identification card)

30 Clause 74 amended (Replacement of driver licence or driver identification card if lost, stolen, etc)

31 Clause 86 amended (Replacement of driver licence or endorsement revoked on medical grounds)

32 Clause 89 amended (Obtaining New Zealand driver licence)

33 Clause 113 amended (Obtaining new driver licence)

34 Clause 119 revoked (Period of validity of licences issued under this Part)

35 Clause 120 amended (Period of validity of endorsements issued under this Part)

36 New Schedule 2A inserted

37 New Schedule 9 inserted

Schedule 1
Objective of rule

Schedule 2
Consultation carried out under section 161(2) of Act

Schedule 3
New Schedule 2A inserted

Schedule 4
New Schedule 9 inserted

Rule

1 Title

  • This rule is the Land Transport (Driver Licensing) Amendment Rule 2014.

2 Commencement

  • This rule comes into force on 1 December 2014.

3 Principal rule
4 Objective of rule

  • A statement of the objective of this rule is set out in Schedule 1.

5 Consultation

  • A statement of the extent of the consultation carried out in relation to this rule under section 161(2) of the Act is set out in Schedule 2.

6 New clause 5A inserted (Transitional, savings, and related provisions)

  • After clause 5, insert:

    “5A Transitional, savings, and related provisions

    • The transitional, savings, and related provisions set out in Schedule 2A have effect according to their terms.”

7 Clauses 9 to 13 replaced

  • Replace clauses 9 to 13 with:

    “9 Manner of lodging application for driver licence, endorsement, or driver identification card

    • “(1) An application to obtain, renew, replace, or reinstate a driver licence, an endorsement, or a driver identification card must be lodged with a licensing agent.

      “(2) An application under clause 86(2) must be made to the Agency.

      “(3) If the Agency provides a system for the lodging online of an application, the application may be lodged in that manner.

    “10 Content of application

    • A person who applies to obtain, renew, replace, or reinstate a driver licence, an endorsement, or a driver identification card must complete an application form that must include—

      • “(a) the applicant's full name; and

      • “(b) the applicant's residential and postal addresses; and

      • “(c) the applicant's date of birth; and

      • “(d) the applicant's place of birth; and

      • “(e) the applicant's gender; and

      • “(f) the medical declaration required by clause 39 and, if required by that clause, a medical certificate in accordance with that clause; and

      • “(g) the class of driver licence or type of endorsement applied for; and

      • “(h) if the application is for a passenger, vehicle recovery, driving instructor, or testing officer endorsement, whether the applicant is applying for the endorsement to be issued for a period of 1 year or a period of 5 years; and

      • “(i) whether the applicant agrees to be an organ donor; and

      • “(j) whether the applicant requests that the applicant's address appear on the driver licence; and

      • “(k) a signed statement by the applicant that, to the best of the applicant's knowledge and belief, all the information given by the applicant is correct and that the applicant is not disqualified from obtaining or holding a driver licence.

    “11 Identification: application in person

    • “(1) This clause applies if an application is made in person.

      “(2) An applicant who is applying to obtain the applicant's first New Zealand photographic driver licence must produce the following evidence of identity of the applicant to be sighted by a licensing agent:

      • “(a) a current and valid New Zealand passport; or

      • “(b) an original and current document specified in Part 1 of Schedule 9 and an original and current document specified in Part 2 of Schedule 9.

      “(3) In any case other than one to which subclause (2) applies, the applicant must produce the following evidence of identity of the applicant to be sighted by a licensing agent:

      • “(a) a current New Zealand photographic driver licence; or

      • “(b) a current and valid New Zealand passport; or

      • “(c) an original and current document specified in Part 1 of Schedule 9 and an original and current document specified in Part 2 of Schedule 9.

      “(4) Despite subclauses (2) and (3), the Agency may accept the following documents for up to 2 years after their expiry date:

      • “(a) a New Zealand passport, if accompanied by an original and current document specified in Part 2 of Schedule 9:

      • “(b) a New Zealand photographic driver licence:

      • “(c) a passport issued by or on behalf of the government of a country other than New Zealand:

      • “(d) a firearms licence issued under the Arms Act 1983 that contains a photograph.

      “(5) If an applicant provides a document from Part 1 or 2 of Schedule 9 that does not contain a photographic image of the applicant, the applicant must also provide the Agency with—

      • “(a) a photographic image of the applicant that has been taken within the previous 6 months, and that complies with the requirements of clause 12(4) and (5); and

      • “(b) a verification statement in relation to that photographic image that has been signed by an identity referee.

      “(6) The applicant must provide one of the documents specified in Part 3 of Schedule 9 if the applicant wishes to have the driver licence, endorsement, or driver identification card issued in a name that—

      • “(a) is not the same as the applicant's name on a document referred to in Part 1 or 2 of Schedule 9; or

      • “(b) is not the same as the applicant's name on the national register of driver licences.

      “(7) Despite anything in subclauses (2) to (6),—

      • “(a) if the Agency considers that the information contained in driver licences, passports, or other documents issued by or on behalf of the government of a country other than New Zealand may not be reliable, the Agency may issue a direction to all licensing agents prohibiting the acceptance of all or any specified class of documents issued by or on behalf of the government of that country as evidence of the identity of the applicant; and

      • “(b) no document to which a direction under paragraph (a) applies may be accepted by a licensing agent as evidence of the identity of the applicant while that direction remains in force.

      “(8) The Agency may accept any document in substitution for a document of a kind specified in Schedule 9 if the Agency is satisfied that—

      • “(a) the applicant is unable to provide the document of the kind specified in Schedule 9; and

      • “(b) the alternative document is of equivalent authenticity and effect.

      “(9) In this clause, identity referee means a person who—

      • “(a) holds a valid and current New Zealand passport or New Zealand driver licence; and

      • “(b) has known the applicant for 1 year or more; and

      • “(c) is 16 years of age or older; and

      • “(d) is not related to the applicant or part of the applicant's extended family; and

      • “(e) is not a spouse or partner of the applicant; and

      • “(f) does not live at the same address as the applicant.

    “11A Identification: application online

    • If an application is lodged online, the applicant must, instead of complying with clause 11, use identity credentials in terms of the Electronic Identity Verification Act 2012.

    “12 Images on driver licences and driver identification cards

    • “(1) An applicant who is applying to obtain the applicant's first New Zealand photographic driver licence must allow the licensing agent to take a photographic image of the applicant and an electronic impression of the applicant's signature.

      “(2) Subclause (3) applies if a person is applying to—

      • “(a) renew or reinstate a driver licence or obtain an additional licence class; or

      • “(b) obtain or renew a driver identification card; or

      • “(c) replace a driver licence or driver identification card where clause 74(2)(c) applies.

      “(3) The applicant must,—

      • “(a) if applying in person, allow the licensing agent to take a photographic image of the applicant; or

      • “(b) if applying online, provide a photographic image of the applicant that complies with the specified requirements of the Agency in relation to electronic format, file size, and any other matter.

      “(4) In the photographic image, the applicant must not be wearing sunglasses, a hat, any head coverings, or anything else that obscures the applicant's face or prevents the photographic image from being a good likeness of the applicant.

      “(5)  Despite subclause (4), the Agency may permit an applicant to wear an item on or near the applicant's face if—

      • “(a) the Agency is satisfied that the applicant is required to wear the item for religious or medical reasons; and

      • “(b) the applicant provides the Agency with a signed statement to that effect; and

      • “(c) the applicant's facial features from the bottom of the chin to the top of the forehead and both edges of the face are clearly shown; and

      • “(d) the Agency is satisfied that the item does not prevent the photographic image from being a good likeness of the applicant.

      “(6) An applicant for the renewal of a driver licence who is 80 years of age or over is required to comply with subclause (3) only if renewing a licence at 86 years of age or any birthday that is 10 years or a multiple of 10 years after the person's 86th birthday.

    “12A Statements in applications made online

    • Where this rule provides that a signed statement must be made by an applicant or other specified person, and the application is made online, the statement must be made, but need not be signed.

    “13 Eyesight test

    • An applicant must pass an eyesight test as specified in clause 38 when applying—

      • “(a) to obtain a driver licence or an endorsement; or

      • “(b) to obtain an additional licence class; or

      • “(c) to renew a driver licence or an endorsement; or

      • “(d) to reinstate a licence where the licence will be issued with a new expiry date.”

8 Clause 15 amended (Obtaining learner licence)

  • Replace clause 15(a) with:

    • “(a) has made an application in accordance with Part 3; and”.

9 Clause 17 amended (Obtaining restricted licence)

  • Replace clause 17(a) with:

    • “(a) has made an application in accordance with Part 3; and”.

10 Clause 19 amended (Obtaining full licence)

  • Replace clause 19(a) with:

    • “(a) has made an application in accordance with Part 3; and”.

11 Clause 21 amended (Obtaining dangerous goods endorsement)

  • Replace clause 21(a) with:

    • “(a) has made an application in accordance with Part 3; and”.

12 Clause 23 amended (Obtaining driving instructor endorsement)

  • Replace clause 23(1)(a) with:

    • “(a) the person has made an application in accordance with Part 3; and”.

13 Clause 27 amended (Obtaining passenger endorsement)

  • Replace clause 27(1)(a) with:

    • “(a) the person has made an application in accordance with Part 3; and”.

14 Clause 29 amended (Obtaining special-type endorsement)

  • Replace clause 29(a) with:

    • “(a) has made an application in accordance with Part 3; and”.

15 Clause 31 amended (Obtaining testing officer endorsement)

  • Replace clause 31(a) with:

    • “(a) the person has made an application in accordance with Part 3; and”.

16 Clause 34 amended (Obtaining vehicle recovery endorsement)

  • Replace clause 34(1)(a) with:

    • “(a) the person has made an application in accordance with Part 3; and”.

17 Clause 35 amended (Criteria and procedure in relation to fit and proper person test)

  • In clause 35(5), replace “sections 24 and 25 of the Transport Services Licensing Act 1989” with “Part 4A of the Act”.

18 Clause 36 replaced (Application for driver identification card)

  • Replace clause 36 with:

    “36 Application for driver identification card

    • “(1) An application for a driver identification card required under clauses 3.2, 10.3, and 11.3 of Land Transport Rule: Operator Licensing 2007 must be in accordance with Part 3.

      “(2) The applicant must provide a unique identifier as described in clauses 3.2, 10.3, and 11.3 of Land Transport Rule: Operator Licensing 2007.”

19 Clause 37 amended (Driver identification card property of Agency)

  • In clause 37(1), replace “section 19 of the Transport Services Licensing Act 1989” with “clauses 3.2, 10.3, and 11.3 of Land Transport Rule: Operator Licensing 2007”.

20 Clause 55 amended (Person taking test must produce identification)

  • In clause 55(b), replace “10(1)” with “11(2) or 11(3)”.

21 Clause 60 amended (Period of validity of driver licence)

  • (1) Replace clause 60(1)(a) with:

    • “(a) if the person is at least 64 years of age but younger than 75 years of age at the date of the issue of the licence, the expiry date specified on the licence must be,—

      • “(i) unless subparagraph (ii) applies, the date of the person's 75th birthday:

      • “(ii) if the licence is of Class 1L, Class 1R, Class 6L, or Class 6R, 5 years after the date of issue, or the person's 75th birthday, whichever is the earlier:”.

    (2) After clause 60(1)(c), insert:

    • “(ca) if the licence is of Class 1L, Class 1R, Class 6L, or Class 6R, the expiry date for that licence must be 5 years after the date of the issue of the licence:”.

    (3) After clause 60(1), insert:

    • “(1A) Nothing in subclause (1)(ca) applies in a case to which subclause (1)(b) or (c) applies.”

    (4) Replace clause 60(3) with:

    • “(3) Despite subclause (1), but subject to subclause (3A), the Agency may extend the period of validity of a driver licence for a period not exceeding 1 year.

    • “(3A) The period of validity of a driver licence of Class 1L, Class 1R, Class 6L, or Class 6R must not be extended beyond the expiry date on the licence unless the holder of the licence passes an appropriate theory test in accordance with clause 45(1)(b).”

    (5) After clause 60(5), insert:

    • “(6) Subclause (5) does not apply if the existing licence is of Class 1L, Class 1R, Class 6L, or Class 6R.”

22 Clause 63 amended (Form of driver licence)
23 Clause 67 amended (Renewal of driver licence)

  • (1) Replace clause 67(1) with:

    • “(1) The Agency may, from time to time, on the application of the holder of a licence, renew the licence.

    • “(1A) The application may be made,—

      • “(a) in the case of a licence of Class 1L, Class 1R, Class 6L, or Class 6R,—

        • “(i) unless subparagraph (ii) applies, on or after the expiry date:

        • “(ii) if the person is renewing a licence for a period beyond the person’s 75th birthday, before or after the expiry of the licence; and

      • “(b) in any other case, before or after the expiry of the licence.”

    (2) Replace clause 67(2)(a) with:

    • “(a) makes an application in accordance with Part 3; and”.

    (3) After clause 67(2A), insert:

    • “(2B) Unless subclause (2)(e) or (f) applies or the person is required to pass a theory test under clause 67A(2)(f) or (g) or the person is renewing a licence for a period beyond the person’s 75th birthday, a person whose Class 1L, Class 1R, Class 6L, or Class 6R licence has expired, or reached its expiry date, must pass an appropriate theory test in accordance with clause 45(1)(b) for the class of licence the person is applying to renew.”

24 Clause 67A amended (Reinstatement of driver licence with respect to those who have been disqualified for more than 12 months after end of disqualification)

  • (1) After clause 67A(2), insert:

    • “(2A) To have the licence reinstated, the person must apply in accordance with Part 3.”

    (2) After clause 67A(6), insert:

    • “(7) Except as provided in subclauses (8) and (9), a licence that is reinstated under this clause will retain the expiry date of the licence being reinstated.

    • “(8) The person must also comply with clause 67 if—

      • “(a) the licence being reinstated (not being a licence described in paragraph (b)) has expired or will expire within the following 12 months; or

      • “(b) the licence being reinstated is of Class 1L, Class 1R, Class 6L, or Class 6R and has expired or reached its expiry date.

    • “(9) A licence that is reinstated under subclause (8) will be issued with an expiry date as if the person had applied to renew the licence under clause 67.”

25 Clause 67B amended (Reinstatement of driver licence after end of suspension for any period (other than under section 95 of Act) or disqualification for a period of not more than 12 months)

  • (1) In clause 67B(3), replace “comply with clauses 9, 10, 11, and 14” with “apply in accordance with Part 3”.

    (2) Replace clause 67B(4) and (5) with:

    • “(4) Except as provided in subclauses (5) and (6), a licence that is reinstated under this clause will retain the expiry date of the licence being reinstated.

    • “(5) The person must also comply with clause 67 if—

      • “(a) the licence being reinstated (not being a licence described in paragraph (b)) has expired or will expire within the following 12 months; or

      • “(b) the licence being reinstated is of Class 1L, Class 1R, Class 6L, or Class 6R and has expired or reached its expiry date.”

26 Clause 67C (Reinstatement of driver licence when there is no alcohol interlock licence or zero alcohol licence in force)

  • (1) In clause 67C(3), replace “comply with clauses 9, 10, 11, and 14” with “apply in accordance with Part 3”.

    (2) Replace clause 67C(4) and (5) with:

    • “(4) Except as provided in subclauses (5) and (6), a licence that is reinstated under this clause will retain the expiry date of the licence being reinstated.

    • “(5) The person must also comply with clause 67 if—

      • “(a) the licence being reinstated (not being a licence described in paragraph (b)) has expired or will expire within the following 12 months; or

      • “(b) the licence being reinstated is of Class 1L, Class 1R, Class 6L, or Class 6R and has expired or reached its expiry date.”

27 Clause 70 amended (Renewal of passenger, vehicle recovery, driving instructor, testing officer, or dangerous goods endorsement)

  • (1) Replace clause 70(2)(a) with:

    • “(a) the person makes an application in accordance with Part 3; and”.

    (2) Replace clause 70(3)(a) with:

    • “(a) makes an application in accordance with Part 3; and”.

28 Clause 71 amended (Renewal of special-type endorsement)

  • Replace clause 71(2)(a) with:

    • “(a) makes an application in accordance with Part 3; and”.

29 Clause 73 amended (Renewal of driver identification card)

  • Replace clause 73(2) with:

    • “(2) The application must be made in accordance with Part 3.”

30 Clause 74 amended (Replacement of driver licence or driver identification card if lost, stolen, etc)

  • (1) Replace clause 74(3)(a) with:

    • “(a) makes an application in accordance with Part 3; and”.

    (2) In clause 74(4) replace “that is 10 years after the expiry date of the licence being replaced” with “as if the person had applied to renew the licence under clause 67”.

31 Clause 86 amended (Replacement of driver licence or endorsement revoked on medical grounds)

  • Replace clause 86(2)(a) with:

    • “(a) the person makes an application in accordance with Part 3; and”.

32 Clause 89 amended (Obtaining New Zealand driver licence)

  • Replace clause 89(2)(a) with:

    • “(a) apply for a driver licence in accordance with Part 3; and”.

33 Clause 113 amended (Obtaining new driver licence)
34 Clause 119 revoked (Period of validity of licences issued under this Part)
35 Clause 120 amended (Period of validity of endorsements issued under this Part)

  • Replace clause 120(3) with:

    • “(3) A special-type vehicle endorsement issued under clause 113 expires in accordance with clause 61.”

36 New Schedule 2A inserted
37 New Schedule 9 inserted

Schedule 1
Objective of rule

cl 4

This rule amends the Land Transport (Driver Licensing) Rule 1999 (the principal rule). It is intended to improve road safety by placing a 5-year time restriction on learner or restricted car or motorcycle driver licences when issued and for each renewal or reinstatement. Other changes aim to improve the integrity of the driver licensing system by updating the requirements for evidence of identity, and allow more flexible business processes. The changes will also make the principal rule easier to comply with and less prescriptive.

This rule amends the principal rule by—

  • (a) placing a 5-year time restriction on learner or restricted car or motorcycle driver licences (Class 1 or Class 6 licences) when issued and for each renewal or reinstatement:

  • (b) enabling the New Zealand Transport Agency to eventually introduce driver licensing and driver testing transactions other than in person (for example, via online and kiosk channels):

  • (c) strengthening the evidence of identity requirements for a driver licence applicant.

Schedule 2
Consultation carried out under section 161(2) of Act

cl 5

The New Zealand Transport Agency (the Agency) consulted on the draft of this proposed amendment to the Land Transport (Driver Licensing) Rule 1999. The proposed amendments were notified to about 1 370 interested groups and individuals and made available on the Agency’s website on 29 April 2014. A notice of these rule amendment proposals was also published in the daily newspapers in Auckland, Hamilton, Wellington, Christchurch, and Dunedin on 3 May 2014 and in the Gazette on 1 May 2014. Submissions closed on 28 May 2014. The Agency received 36 submissions on the draft amendment rule.

The submissions were taken into account in finalising this rule before it was submitted to the Associate Minister of Transport for signing.

Schedule 3
New Schedule 2A inserted

cl 36

Schedule 2A
Transitional, savings, and related provisions

cl 5A

Provision relating to Land Transport (Driver Licensing) Amendment Rule 2014

Transitional provision in relation to existing licences of Class 1L, Class 1R, Class 6L, or Class 6R

  • This rule, as amended by the Land Transport (Driver Licensing) Amendment Rule 2014, applies to a licence of Class 1L, Class 1R, Class 6L, or Class 6R that was issued before the date on which the Land Transport (Driver Licensing) Amendment Rule 2014 came into force, except that—

    • (a) nothing in clause 60 (as amended by the Land Transport (Driver Licensing) Amendment Rule 2014) has the effect of changing the expiry date as expressed on the licence; and

    • (b) clause 67(1A)(a)(i) and (2B) does not apply in respect of the first renewal of the licence to occur after the date on which the Land Transport (Driver Licensing) Amendment Rule 2014 came into force; and

    • (c) for the purpose of any reinstatement of any such licence under clauses 67A, 67B, or 67C,—

      • (i) clause 67A(8) must be read as if it requires that the person comply with clause 67 if the licence has expired or will expire within the following 12 months; and

      • (ii) clause 67B(5) must be read as if it requires that the person comply with clause 67 if the licence has expired or will expire within the following 12 months; and

      • (iii) clause 67C(5) must be read as if it requires that the person comply with clause 67 if the licence has expired or will expire within the following 12 months.

Schedule 4
New Schedule 9 inserted

cl 37

Schedule 9
Evidence of identity

cl 11

Part 1
Primary evidence of identity documents

Evidence of identity type Issuing agency
New Zealand passport Department of Internal Affairs (identity services)
Overseas passport (may include New Zealand immigration visa or permit issued by Department of Labour) Overseas authority
New Zealand emergency travel document Department of Internal Affairs (identity services)
New Zealand refugee travel document Department of Internal Affairs (identity services)
New Zealand certificate of identity (issued under the Passports Act 1992 to non-New Zealand citizens who cannot obtain a passport from their country of origin) Department of Internal Affairs (identity services)
New Zealand certificate of identity (issued under the Immigration Act 1987 issued to people who have refugee status) Department of Labour (Immigration)
New Zealand firearms licence New Zealand Police
New Zealand full birth certificate issued on or after 1 January 1998 carrying a unique identification number Department of Internal Affairs (identity services)
New Zealand citizenship certificate Department of Internal Affairs (identity services)

Part 2
Supporting evidence of identity documents

Evidence of identity type Issuing agency
18+ card Hospitality New Zealand Incorporated
Community services card Ministry of Social Development
SuperGold Card Ministry of Social Development
Veteran SuperGold Card Ministry of Social Development
New Zealand student photo identification card New Zealand educational institution
New Zealand employee photo identification card Employer
New Zealand electoral roll record Electoral Enrolment Centre of New Zealand Post Limited
Inland Revenue number Inland Revenue Department
New Zealand issued utility bill, issued not more than 6 months before application  
Overseas driver licence Overseas licensing authority
Steps to freedom form Department of Corrections

Part 3
Documents to support name change

Document or record Issuing agency or organisation
New Zealand birth certificate (issued for the purpose) Department of Internal Affairs (identity services)
Change of name by statutory declaration Department of Internal Affairs (identity services)
Change of name by deed poll Department of Internal Affairs (identity services)
New Zealand name change certificate Department of Internal Affairs (identity services)
New Zealand marriage certificate Department of Internal Affairs (identity services)
New Zealand civil union certificate Department of Internal Affairs (identity services)
New Zealand dissolution of marriage or civil union papers Ministry of Justice
Certificate of annulment Ministry of Justice

Dated at Wellington this 29th day of July 2014.

 Michael Woodhouse,
Associate Minister of Transport.

Explanatory note

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

This rule, which comes into force on 1 December 2014, amends the Land Transport (Driver Licensing) Rule 1999 (the principal rule). The amendments are of the following kinds:

  • changes to the requirements about evidence of identity that applicants must comply with when obtaining, renewing, replacing, or reinstating a driver licence, an endorsement, or a driver identity card (in particular, see clause 7 and new Schedule 9 inserted by clause 37):

  • shortening the validity period for learner and restricted licences of Classes 1 and 6 from 10 years to 5 years (in particular, see clauses 21 and 23 to 26):

  • changes to enable some applications to be dealt with online if the facility for that is introduced in the future (see clause 7):

  • miscellaneous amendments to update the rule.

Clause 1 is the Title clause.

Clause 2 provides that the rule comes into force on 1 December 2014.

Clause 3 provides that the rule amends the Land Transport (Driver Licensing) Rule 1999.

Clause 4 is the objective statement for the rule (see Schedule 1).

Clause 5 specifies the consultation undertaken (see Schedule 2).

Clause 6 inserts a new clause 5A into the principal rule. It provides that the transitional and other provisions in new Schedule 2A have effect. There are transitional provisions in relation to the shortening of the period of validity of learner and restricted Class 1 and 6 licences.

Clause 7 replaces clauses 9 to 13 of the principal rule. These clauses relate to the manner of lodging an application for a driver licence, an endorsement, or a driver identification card, and the required content of the application as follows:

  • new clause 9 specifies the manner in which an application must be lodged. It provides that an application may be made online if the Agency provides a system for that application to be made online:

  • new clause 10 specifies the required content of the application. The required content of the application is the same as currently required under clause 9 of the principal rule:

  • new clause 11 specifies the evidence of identity required where an application is made in person (that is, not online). There are changes to the documents that may be produced as evidence of the identity of the applicant (see also new Schedule 9):

  • new clause 11A deals with evidence of identity when an application is lodged online:

  • new clause 12 specifies the requirements for photographic images on licences and driver identification cards. These now include requirements for the inclusion of photographs in applications lodged online:

  • new clause 12A provides that where the principal rule provides that a signed statement must be made and the application is made online, the statement must be made, but need not be signed:

  • new clause 13 relates to eyesight testing. It clarifies that a person applying to obtain an additional licence class or to reinstate a licence where the licence will be issued with a new expiry date must pass an eyesight test.

Clauses 8 to 16 make amendments to the principal rule that are consequential on the changes in new clauses 9 to 13.

Clause 17 amends clause 35 of the principal rule (which relates to the criteria and procedure in relation to the fit and proper person test) to replace a reference to a repealed Act.

Clause 18 replaces clause 36 of the principal rule (which relates to an application for a driver identification card) to replace a reference to a repealed Act.

Clause 19 amends clause 37 of the principal rule (which relates to the property in the driver identification card) to replace a reference to a repealed Act.

Clause 20 makes an amendment to clause 55 of the principal rule (which provides that a person taking a test must produce identification) that is consequential on the changes in new clauses 9 to 13.

Clause 21 amends clause 60 of the principal rule (which relates to the period of validity of driver licences). The clause is amended to provide that,—

  • for learner and restricted licences of Classes 1 and 6, the period of validity of the licence is 5 years (but this is not applicable to drivers aged 75 years and over); and

  • the Agency may extend the period of validity of a Class 1L, 1R, 6L, or 6R licence beyond its expiry date only if the holder passes an appropriate theory test.

Clause 22 amends clause 63 of the principal rule (which relates to the form of a driver licence). The amendment removes the requirement for the electronically captured image of the holder’s signature to be printed on the card, but without removing the need for the driver licence to continue to display the holder’s signature. The clause is also amended to recognise that there may be more than 1 date of expiry applicable to a single driver licence and that those dates all need to be specified on it.

Clause 23 amends clause 67 of the principal rule (which relates to the renewal of a driver licence). The amendments provide that an application for renewal of a licence of Class 1L, 1R, 6L, or 6R can be made only on or after the date of expiry and that the applicant must pass an appropriate theory test.

Clauses 24 to 26 amend clauses 67A to 67C of the principal rule (which relate to the reinstatement of a driver licence). The amendments provide as follows:

  • generally, a licence being reinstated will retain its original expiry date:

  • for licences other than of Class 1L, 1R, 6L, or 6R, if the licence has expired or is within 12 months of its expiry the person must meet the requirements for renewal (and the licence will be renewed with a new expiry date as per clause 67):

  • for licences of Class 1L, 1R, 6L, or 6R, if the licence has expired or reached its expiry date the person must comply with the requirements for renewal (and the licence will be renewed with a new expiry date as per clause 67).

Clauses 27 to 33 make amendments to the principal rule that are consequential on the changes in clauses 7 and 21 to 26.

Clause 34 revokes clause 119 of the principal rule, which is no longer required.

Clause 35 amends clause 120 of the principal rule to replace a reference to the revoked clause 119.

Clause 36 inserts new Schedule 2A, which sets out transitional provisions. The transitional provisions deal with the transition to the new rules about the period of validity of licences of Classes 1L, 1R, 6L, and 6R for existing licences of those classes.

Clause 37 inserts new Schedule 9, which sets out the documents that are evidence of identity.

Issued under the authority of the Legislation Act 2012.

Date of notification in Gazette: 7 August 2014.

This rule is administered by the Ministry of Transport.