Explanatory note
This note is not part of the regulations, but is intended to indicate their general effect.
These regulations, which come into force on 8 July 2015, amend the Land Transport (Offences and Penalties) Regulations 1999 (the principal regulations). The regulations make amendments following changes made to Land Transport Rule: Vehicle Dimensions and Mass 2002 that come into force on the same day as these regulations.
Regulation 4 amends regulation 3 of the principal regulations to insert the correct reference to the relevant schedule of penalties.
Regulation 6 inserts new regulation 4B. This regulation clarifies the position where a condition of a permit issued under clause 5 of Land Transport Rule: Vehicle Dimensions and Mass 2002 is breached because of overloading. In that circumstance, the applicable penalties are the penalty for breach of the condition (in Schedule 1 of the principal regulations) and the penalty for overloading (in Schedule 1A or Part 3 of Schedule 1B of the principal regulations). Amendments are also made to Schedule 1 of the principal regulations (see regulation 7(4)) consistent with new regulation 4B.
Regulation 7 amends Schedule 1 of the principal regulations to insert 2 new offences. The amendments to Land Transport Rule: Vehicle Dimensions and Mass 2002 provide that a critical condition may be imposed in a permit issued under clause 5 of Land Transport Rule: Vehicle Dimensions and Mass 2002. The new items added to Schedule 1 make it an offence to breach a critical condition.
Regulation 8 amends Schedule 1A of the principal regulations to increase the penalties for overloading offences, and also replaces clause 5 of that schedule. New clause 5 provides that the tolerances in Schedule 1A do not apply if a vehicle receives the benefit of the weighing tolerance in section 5.8 of Land Transport Rule: Vehicle Dimensions and Mass 2002.
Regulation 9 amends Part 3 of Schedule 1B of the principal regulations to increase the infringement fees for overloading offences, and also replaces clause 5 of Part 3 of that schedule. New clause 5 provides that the tolerances in Schedule 1B do not apply if the vehicle receives the benefit of the weighing tolerance in clause 5.8 of Land Transport Rule: Vehicle Dimensions and Mass 2002.
Regulatory impact statement
The Ministry of Transport produced a regulatory impact statement on 16 July 2014 to help inform the decisions taken by the Government relating to the contents of this instrument.
A copy of this regulatory impact statement can be found at—
Issued under the authority of the Legislation Act 2012.
Date of notification in Gazette: 28 May 2015.
These regulations are administered by the Ministry of Transport.