Accident Compensation (Motor Vehicle Account Levies) Regulations 2022

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2022/115

Accident Compensation (Motor Vehicle Account Levies) Regulations 2022

Cindy Kiro, Governor-General

Order in Council

At Wellington this 19th day of April 2022

Present:
Her Excellency the Governor-General in Council

These regulations are made under section 329 of the Accident Compensation Act 2001—

(a)

on the advice and with the consent of the Executive Council; and

(b)

on the recommendation of the Minister for ACC made—

(i)

after having regard to the principles of financial responsibility in section 166A(2) of that Act; and

(ii)

after complying with the consultation requirements of sections 330 and 331 of that Act.

1	Title
2	Commencement
3	Interpretation
4	Periods to which levy relates
	Fuel levy
5	Fuel levy
	Motor vehicle levy and motorcycle safety levy
6	Motor vehicle levy and motorcycle safety levy
7	When levies payable
8	Lower motor vehicle levy rates for certain goods vehicles over 3,500 kilograms
	Miscellaneous provisions
9	Levies exclusive of GST
10	Revocation and savings
	Schedule 1 Motor vehicle levy for motor vehicles and motorcycle safety levy starting on 1 July 2022
	Schedule 2 Motor vehicle levy for motor vehicles and motorcycle safety levy starting on 1 July 2023
	Schedule 3 Motor vehicle levy for motor vehicles and motorcycle safety levy starting on 1 July 2024
	Schedule 4 Fleet Safety Incentive Programme for goods vehicles over 3,500 kilograms
	Schedule 5 Fleet Safety Incentive Programme standards—vehicles other than rental service vehicles
	Schedule 6 Fleet Safety Incentive Programme standards—rental service vehicles
	Explanatory note
	Administrative Information

Regulations

1 Title

These regulations are the Accident Compensation (Motor Vehicle Account Levies) Regulations 2022.

2 Commencement

These regulations come into force on 1 July 2022.

3 Interpretation

(1)

In these regulations, unless the context otherwise requires,—

Act means the Accident Compensation Act 2001

ambulance has the same meaning as in section 2(1) of the Land Transport Act 1998

Corporation means the Accident Compensation Corporation

customer, in relation to a rental service vehicle, means the person who rents the vehicle

exempted vehicle means—

(a)

a motor vehicle that is described in regulation 77(3)(a), (b), (c), or (f) of the Land Transport (Motor Vehicle Registration and Licensing) Regulations 2011; or

(b)

a motor vehicle of a kind described in the Schedule of the Land Transport Management (Apportionment and Refund of Excise Duty and Excise-Equivalent Duty) Regulations 2004; or

(c)

a trailer that is attached to or being drawn by a motor vehicle to which paragraph (b) applies

fire brigade has the same meaning as in section 2(1) of the Land Transport Act 1998

fire brigade vehicle means a vehicle used by a fire brigade

Fleet Safety Incentive Programme means the levy scheme for goods vehicles over 3,500 kilograms prescribed in Schedules 4 to 6

fuel levy means the levy payable under sections 213(2)(c) and (3) and 214(4) of the Act

goods vehicle—

(a)

means a motor vehicle designed exclusively or principally for the carriage of goods (including animals and mail); but

(b)

does not include a tractor

goods vehicle 3,500 kilograms or less means a goods vehicle with a gross vehicle mass of 3,500 kilograms or less

goods vehicle over 3,500 kilograms means a goods vehicle with a gross vehicle mass of more than 3,500 kilograms

licensing period, in relation to a licence, means the period for which the licence has been issued under section 244(2) of the Land Transport Act 1998

light electric vehicle means a passenger vehicle or passenger service vehicle with a gross vehicle mass of 3,500 kilograms or less, and with motive power wholly or partly derived from an external source of electricity

motor spirits has the same meaning as in clause 23(3) of Schedule 3 of the Customs and Excise Act 2018

motor vehicle—

(a)

has the same meaning as in section 2(1) of the Land Transport Act 1998; but

(b)

despite paragraph (c) of that definition, includes any vehicle classified in Schedules 1, 2, and 3 of these regulations

motor vehicle levy means the levy payable under section 214(1) and (2) of the Act

non-petrol-driven, in relation to a motor vehicle,—

(a)

means using a fuel other than petrol as the primary fuel for operation, regardless of whether the vehicle uses or is capable of using petrol; but

(b)

does not include a light electric vehicle

passenger service vehicle means a vehicle within the meaning of paragraph (a) of the definition of passenger service vehicle in section 2(1) of the Land Transport Act 1998

passenger vehicle means a motor vehicle (other than a motorcycle or moped) designed exclusively or principally for the carriage of people not exceeding 9 in number, including the driver

petrol-driven, in relation to a motor vehicle, means using petrol as the primary fuel for operation, regardless of whether the vehicle uses or is capable of using another fuel

prescribed standards means the standards prescribed in—

(a)

Schedule 5, in the case of vehicles other than rental service vehicles:

(b)

Schedule 6, in the case of rental service vehicles

registered person, in relation to a vehicle, means the person registered under Part 17 of the Land Transport Act 1998 in respect of the vehicle

rental service vehicle has the same meaning as in section 2(1) of the Land Transport Act 1998

specified vehicle means—

(a)

a motor vehicle that is described in regulation 77(3)(e) of the Land Transport (Motor Vehicle Registration and Licensing) Regulations 2011; or

(b)

a motor vehicle of a kind specified in Part 2 of Schedule 2 of the Land Transport (Motor Vehicle Registration and Licensing) Regulations 2011

traction engine means a motor vehicle that—

(a)

is propelled by steam power; and

(b)

is not a rail vehicle within the meaning of section 4(1) of the Railways Act 2005; and

(c)

is not designed for the carriage of goods or people other than the driver and any other people involved in its operation

tractor means a motor vehicle (other than a traction engine) that is designed principally for traction at speeds not exceeding 50 kilometres per hour

trailer—

(a)

means a vehicle without its own power source that is capable of being drawn or propelled by a motor vehicle from which it is readily detachable; but

(b)

does not include—

(i)

a sidecar (attached to a motorcycle); or

(ii)

a vehicle normally propelled by mechanical power while it is being temporarily towed without the use of its own power

veteran vehicle means a motor vehicle—

(a)

that was manufactured before 1 January 1919; and

(b)

in relation to which the applicable rate of motor vehicle levy is payable under Part 1 of Schedules 1, 2, and 3

vintage vehicle means a motor vehicle—

(a)

that was manufactured on or after 1 January 1919; and

(b)

that is at least 40 years old on the day that it is registered, reregistered, or licensed; and

(c)

in relation to which the applicable rate of motor vehicle levy is payable under Part 1 of Schedules 1, 2, and 3.

(2)

Any term or expression that is defined in the Act and used, but not defined, in these regulations (for example, moped, motorcycle, motorcycle safety levy, trade plate) has the same meaning as in the Act.

4 Periods to which levy relates

(1)

The following periods are prescribed for the purposes of these regulations:

(a)

the period starting on 1 July 2022 and ending on the close of 30 June 2023; and

(b)

the period starting on 1 July 2023 and ending on the close of 30 June 2024; and

(c)

the period starting on 1 July 2024 and ending on the close of 30 June 2025; and

(d)

any period starting on or after 1 July 2025.

(2)

Schedule 1 prescribes the motor vehicle levy for motor vehicles and motorcycle safety levy for the period starting on 1 July 2022 and ending on the close of 30 June 2023.

(3)

Schedule 2 prescribes the motor vehicle levy for motor vehicles and motorcycle safety levy for the period starting on 1 July 2023 and ending on the close of 30 June 2024.

(4)

Schedule 3 prescribes the motor vehicle levy for motor vehicles and motorcycle safety levy for the period starting on 1 July 2024 and ending on the close of 30 June 2025 and any later period.

Fuel levy

5 Fuel levy

(1)

The rate of fuel levy is 6 cents per litre of motor spirits.

(2)

The fuel levy is payable on and after 1 July 2022 with any excise or excise-equivalent duty payable on the motor spirits.

Motor vehicle levy and motorcycle safety levy

6 Motor vehicle levy and motorcycle safety levy

Schedules 1, 2, and 3—

(a)

classify types of motor vehicles, holders of trade plates, and registered persons of certain goods vehicles over 3,500 kilograms; and

(b)

specify the relevant annual rates of—

(i)

the motor vehicle levy for those motor vehicles and holders of trade plates in each class; and

(ii)

the motorcycle safety levy, if applicable to a class.

7 When levies payable

The motor vehicle levy and motorcycle safety levy are payable—

(a)

for each licensing period that commences on or after 1 July 2022; and

(b)

on application for one of the following:

(i)

a licence for a motor vehicle, under section 244 of the Land Transport Act 1998:

(ii)

a trade plate, under section 262 of the Land Transport Act 1998.

8 Lower motor vehicle levy rates for certain goods vehicles over 3,500 kilograms

(1)

Part 3 of Schedules 1, 2, and 3 specifies lower motor vehicle levy rates payable for a goods vehicle over 3,500 kilograms instead of the rates prescribed in Part 1 of Schedules 1, 2, and 3 if the vehicle is in the Fleet Safety Incentive Programme prescribed in Schedules 4 to 6.

(2)

Different rates are payable depending on whether the safety management practices to which the vehicle is subject meet the prescribed standards to a bronze, silver, or gold level.

Miscellaneous provisions

9 Levies exclusive of GST

In accordance with section 214(5) of the Act, the rates of levy prescribed in these regulations are expressed exclusive of any goods and services tax payable.

10 Revocation and savings

(1)

The Accident Compensation (Motor Vehicle Account Levies) Regulations 2019 (SL 2019/85) are revoked.

(2)

Despite subclause (1), the Accident Compensation (Motor Vehicle Account Levies) Regulations 2019 continue to apply in respect of any licensing period starting on 1 July 2019 and ending on the close of 30 June 2022 as if they had not been revoked.

Schedule 1 Motor vehicle levy for motor vehicles and motorcycle safety levy starting on 1 July 2022

rr 6, 8

Part 1 Motor vehicle levy on licensed vehicles

Class of vehicles	Classification description	Motorcycle safety levy ($)	Annual rate of motor vehicle levy ($)	Total ($)
1	Ambulances Fire brigade vehicles Exempted vehicles Trailers	Nil	Nil	Nil
2	All petrol-driven vehicles not classified elsewhere, including— passenger vehicles: self-propelled caravans: mobile cranes: passenger service vehicles	Nil	40.59	40.59
2a	Light electric vehicles	Nil	40.59	40.59
3	Petrol-driven— tractors: veteran vehicles: vintage vehicles: specified vehicles	Nil	22.35	22.35
4a	Petrol-driven mopeds	25.00	99.33	124.33
4b	Petrol-driven motorcycles 600 cc or less	25.00	297.91	322.91
4c	Petrol-driven motorcycles over 600 cc	25.00	397.18	422.18
5L	Petrol-driven goods vehicles 3,500 kg or less	Nil	73.08	73.08
5H	Petrol-driven goods vehicles over 3,500 kg	Nil	243.35	243.35
6	All non-petrol-driven vehicles not classified elsewhere, including— passenger vehicles: self-propelled caravans: mobile cranes: passenger service vehicles	Nil	101.16	101.16
7	Non-petrol-driven— tractors: veteran vehicles: vintage vehicles: specified vehicles	Nil	55.70	55.70
8a	Non-petrol-driven mopeds	25.00	113.32	138.32
8b	Non-petrol-driven motorcycles 600 cc or less	25.00	311.90	336.90
8c	Non-petrol-driven motorcycles over 600 cc	25.00	411.17	436.17
9L	Non-petrol-driven goods vehicles 3,500 kg or less	Nil	129.75	129.75
9H	Non-petrol-driven goods vehicles over 3,500 kg	Nil	261.04	261.04

Part 2 Motor vehicle levy on holders of trade plates

Classification description	Motorcycle safety levy ($)	Annual rate of motor vehicle levy ($)	Total ($)
Holders of trade plates for trailers	Nil	Nil	Nil
Holders of trade plates for vehicles not classified elsewhere	Nil	40.59	40.59
Holders of trade plates for mopeds and motorcycles 60 cc or less	25.00	99.33	124.33
Holders of trade plates for mopeds and motorcycles over 60 cc	25.00	397.18	422.18

Part 3 Lower levies for registered persons participating in Fleet Safety Incentive Programme

Class of vehicles	Classification description	Annual rate of motor vehicle levy ($)	Total ($)
5H	Petrol-driven goods vehicles over 3,500 kg—
	vehicle in the Fleet Safety Incentive Programme and relevant safety management practices meet the prescribed standards to a bronze level:	217.24	217.24
	vehicle in the Fleet Safety Incentive Programme and relevant safety management practices meet the prescribed standards to a silver level:	178.09	178.09
	vehicle in the Fleet Safety Incentive Programme and relevant safety management practices meet the prescribed standards to a gold level	138.93	138.93
9H	Non-petrol-driven goods vehicles over 3,500 kg—
	vehicle in the Fleet Safety Incentive Programme and relevant safety management practices meet the prescribed standards to a bronze level:	234.94	234.94
	vehicle in the Fleet Safety Incentive Programme and relevant safety management practices meet the prescribed standards to a silver level:	195.78	195.78
	vehicle in the Fleet Safety Incentive Programme and relevant safety management practices meet the prescribed standards to a gold level	156.62	156.62

Schedule 2 Motor vehicle levy for motor vehicles and motorcycle safety levy starting on 1 July 2023

rr 6, 8

Part 1 Motor vehicle levy on licensed vehicles

Class of vehicles	Classification description	Motorcycle safety levy ($)	Annual rate of motor vehicle levy ($)	Total ($)
1	Ambulances Fire brigade vehicles Exempted vehicles Trailers	Nil	Nil	Nil
2	All petrol-driven vehicles not classified elsewhere, including— passenger vehicles: self-propelled caravans: mobile cranes: passenger service vehicles	Nil	41.27	41.27
2a	Light electric vehicles	Nil	41.27	41.27
3	Petrol-driven— tractors: veteran vehicles: vintage vehicles: specified vehicles	Nil	22.72	22.72
4a	Petrol-driven mopeds	25.00	99.33	124.33
4b	Petrol-driven motorcycles 600 cc or less	25.00	297.91	322.91
4c	Petrol-driven motorcycles over 600 cc	25.00	397.18	422.18
5L	Petrol-driven goods vehicles 3,500 kg or less	Nil	73.71	73.71
5H	Petrol-driven goods vehicles over 3,500 kg	Nil	243.45	243.45
6	All non-petrol-driven vehicles not classified elsewhere, including— passenger vehicles: self-propelled caravans: mobile cranes: passenger service vehicles	Nil	101.12	101.12
7	Non-petrol-driven— tractors: veteran vehicles: vintage vehicles: specified vehicles	Nil	55.67	55.67
8a	Non-petrol-driven mopeds	25.00	113.15	138.15
8b	Non-petrol-driven motorcycles 600 cc or less	25.00	311.73	336.73
8c	Non-petrol-driven motorcycles over 600 cc	25.00	411.00	436.00
9L	Non-petrol-driven goods vehicles 3,500 kg or less	Nil	129.69	129.69
9H	Non-petrol-driven goods vehicles over 3,500 kg	Nil	260.93	260.93

Part 2 Motor vehicle levy on holders of trade plates

Classification description	Motorcycle safety levy ($)	Annual rate of motor vehicle levy ($)	Total ($)
Holders of trade plates for trailers	Nil	Nil	Nil
Holders of trade plates for vehicles not classified elsewhere	Nil	41.27	41.27
Holders of trade plates for mopeds and motorcycles 60 cc or less	25.00	99.33	124.33
Holders of trade plates for mopeds and motorcycles over 60 cc	25.00	397.18	422.18

Part 3 Lower levies for registered persons participating in Fleet Safety Incentive Programme

Class of vehicles	Classification description	Annual rate of motor vehicle levy ($)	Total ($)
5H	Petrol-driven goods vehicles over 3,500 kg—
	vehicle in the Fleet Safety Incentive Programme and relevant safety management practices meet the prescribed standards to a bronze level:	217.35	217.35
	vehicle in the Fleet Safety Incentive Programme and relevant safety management practices meet the prescribed standards to a silver level:	178.22	178.22
	vehicle in the Fleet Safety Incentive Programme and relevant safety management practices meet the prescribed standards to a gold level	139.08	139.08
9H	Non-petrol-driven goods vehicles over 3,500 kg—
	vehicle in the Fleet Safety Incentive Programme and relevant safety management practices meet the prescribed standards to a bronze level:	234.83	234.83
	vehicle in the Fleet Safety Incentive Programme and relevant safety management practices meet the prescribed standards to a silver level:	195.69	195.69
	vehicle in the Fleet Safety Incentive Programme and relevant safety management practices meet the prescribed standards to a gold level	156.56	156.56

Schedule 3 Motor vehicle levy for motor vehicles and motorcycle safety levy starting on 1 July 2024

rr 6, 8

Part 1 Motor vehicle levy on licensed vehicles

Class of vehicles	Classification description	Motorcycle safety levy ($)	Annual rate of motor vehicle levy ($)	Total ($)
1	Ambulances Fire brigade vehicles Exempted vehicles Trailers	Nil	Nil	Nil
2	All petrol-driven vehicles not classified elsewhere, including— passenger vehicles: self-propelled caravans: mobile cranes: passenger service vehicles	Nil	42.09	42.09
2a	Light electric vehicles	Nil	42.09	42.09
3	Petrol-driven— tractors: veteran vehicles: vintage vehicles: specified vehicles	Nil	23.17	23.17
4a	Petrol-driven mopeds	25.00	99.33	124.33
4b	Petrol-driven motorcycles 600 cc or less	25.00	297.91	322.91
4c	Petrol-driven motorcycles over 600 cc	25.00	397.18	422.18
5L	Petrol-driven goods vehicles 3,500 kg or less	Nil	74.46	74.46
5H	Petrol-driven goods vehicles over 3,500 kg	Nil	243.59	243.59
6	All non-petrol-driven vehicles not classified elsewhere, including— passenger vehicles: self-propelled caravans: mobile cranes: passenger service vehicles	Nil	101.07	101.07
7	Non-petrol-driven— tractors: veteran vehicles: vintage vehicles: specified vehicles	Nil	55.65	55.65
8a	Non-petrol-driven mopeds	25.00	112.95	137.95
8b	Non-petrol-driven motorcycles 600 cc or less	25.00	311.53	336.53
8c	Non-petrol-driven motorcycles over 600 cc	25.00	410.80	435.80
9L	Non-petrol-driven goods vehicles 3,500 kg or less	Nil	129.64	129.64
9H	Non-petrol-driven goods vehicles over 3,500 kg	Nil	260.81	260.81

Part 2 Motor vehicle levy on holders of trade plates

Classification description	Motorcycle safety levy ($)	Annual rate of motor vehicle levy ($)	Total ($)
Holders of trade plates for trailers	Nil	Nil	Nil
Holders of trade plates for vehicles not classified elsewhere	Nil	42.09	42.09
Holders of trade plates for mopeds and motorcycles 60 cc or less	25.00	99.33	124.33
Holders of trade plates for mopeds and motorcycles over 60 cc	25.00	397.18	422.18

Part 3 Lower levies for registered persons participating in Fleet Safety Incentive Programme

Class of vehicles	Classification description	Annual rate of motor vehicle levy ($)	Total ($)
5H	Petrol-driven goods vehicles over 3,500 kg—
	vehicle in the Fleet Safety Incentive Programme and relevant safety management practices meet the prescribed standards to a bronze level:	217.50	217.50
	vehicle in the Fleet Safety Incentive Programme and relevant safety management practices meet the prescribed standards to a silver level:	178.38	178.38
	vehicle in the Fleet Safety Incentive Programme and relevant safety management practices meet the prescribed standards to a gold level	139.26	139.26
9H	Non-petrol-driven goods vehicles over 3,500 kg—
	vehicle in the Fleet Safety Incentive Programme and relevant safety management practices meet the prescribed standards to a bronze level:	234.73	234.73
	vehicle in the Fleet Safety Incentive Programme and relevant safety management practices meet the prescribed standards to a silver level:	195.61	195.61
	vehicle in the Fleet Safety Incentive Programme and relevant safety management practices meet the prescribed standards to a gold level	156.49	156.49

Schedule 4 Fleet Safety Incentive Programme for goods vehicles over 3,500 kilograms

r 8

1 Interpretation

In this schedule,—

applicant, in relation to an application under clause 2(2), means all of the applicants

financial group means—

(a)

a group comprising a company and its subsidiaries; or

(b)

2 or more companies, each of which is wholly owned by the same person

fleet means a group of 5 or more goods vehicles over 3,500 kilograms that are subject to the same safety management practices

lower rate, in relation to a goods vehicle over 3,500 kilograms, means the applicable rate of motor vehicle levy payable under Part 3 of Schedule 1, 2, or 3

subsidiary means a subsidiary within the meaning of sections 5, 7, and 8 of the Companies Act 1993.

Initial applications to join programme

2 Who may join Fleet Safety Incentive Programme

(1)

A person may apply to the Corporation for 5 or more goods vehicles over 3,500 kilograms to join the Fleet Safety Incentive Programme if—

(a)

the person is the registered person of all of the vehicles; and

(b)

the vehicles are subject to the same safety management practices.

(2)

Two or more persons may apply jointly for 5 or more goods vehicles over 3,500 kilograms to join the Fleet Safety Incentive Programme if—

(a)

those persons are—

(i)

the registered persons of all of the vehicles; and

(ii)

members of the same financial group; and

(b)

all of the vehicles are subject to the same safety management practices (regardless of whether some or all of the vehicles are also subject to other safety management practices).

3 Applications to join Fleet Safety Incentive Programme

An application must be accompanied by—

(a)

a statement that the applicant has conducted an assessment of the safety management practices of the registered person and, if applicable, the financial group; and

(b)

a declaration that, in the light of the results of the assessment referred to in paragraph (a), the applicant believes that an audit conducted by or for the Corporation would determine that the relevant safety management practices meet the prescribed standards, and whether they would meet the standards to a bronze, silver, or gold level; and

(c)

any information that the Corporation reasonably requires to enable it to determine the application.

4 Processing of applications

(1)

An application under clause 2 is to be treated as not having been received until the day on which the Corporation has received all of the information that it reasonably requires to enable it to determine the application.

(2)

If an applicant fails to provide the Corporation with the information it requests under subclause (1) within 15 working days after the request is made, the application is deemed to be withdrawn.

5 Determining whether safety management practices meet prescribed standards

(1)

The Corporation must determine whether it is satisfied that the relevant safety management practices meet the prescribed standards and, if so, whether they meet the standards to a bronze, silver, or gold level.

(2)

Safety management practices for goods vehicles over 3,500 kilograms that are not rental service vehicles meet the prescribed standards—

(a)

to a bronze level, if the Corporation is satisfied that the practices comply with all of the requirements specified in Part 1 of Schedule 5:

(b)

to a silver level, if the Corporation is satisfied that the practices comply with all of the requirements specified in Parts 1 and 2 of Schedule 5:

(c)

to a gold level, if the Corporation is satisfied that the practices comply with all of the requirements specified in Parts 1, 2, and 3 of Schedule 5.

(3)

Safety management practices for goods vehicles over 3,500 kilograms that are rental service vehicles meet the prescribed standards—

(a)

to a bronze level, if the Corporation is satisfied that the practices comply with all of the requirements specified in Part 1 of Schedule 6:

(b)

to a silver level, if the Corporation is satisfied that the practices comply with all of the requirements specified in Parts 1 and 2 of Schedule 6.

(4)

The Corporation must notify the applicant of its determination under subclause (1).

(5)

If the Corporation notifies an applicant that the safety management practices meet the prescribed standards,—

(a)

the vehicles to which the application relates are deemed to be in the Fleet Safety Incentive Programme for a period of 4 years beginning on the first day after the date on which the Corporation notifies the applicant under subclause (4); and

(b)

the lower rate of levy applies to each of the vehicles from the first day of the next licensing period for the vehicle after the date on which the Corporation notifies the applicant under subclause (4).

6 Audit of safety management practices

(1)

The Corporation must audit safety management practices to determine if they meet the prescribed standards.

(2)

An audit of safety management practices may be conducted for or by the Corporation by any or all of the following means:

(a)

assessing the documentation included in the application:

(b)

conducting an interview with—

(i)

any registered person or operator of a vehicle subject to the relevant safety management practices:

(ii)

any employee of a person referred to in subparagraph (i):

(iii)

any driver of a vehicle subject to the relevant safety management practices:

(c)

carrying out an on-site (workplace or on-road) audit of the relevant safety management practices.

(3)

After carrying out an audit, the Corporation may, but is not obliged to, allow an applicant up to 30 days to improve the relevant safety management practices, or aspects of them, before finalising its determination.

(4)

The 30-day period begins when the Corporation notifies the applicant of the safety management practices, or aspects of them, that must be improved.

(5)

To avoid doubt, the manner of conducting an audit is at the Corporation’s discretion.

7 Restriction on further applications

If an applicant has been notified under clause 5(4) that the relevant safety management practices do not meet the prescribed standards, the applicant may not make another application under clause 2 within 6 months after the notification.

Vehicles in programme

8 Corporation may require further audits in certain circumstances

(1)

The Corporation may at any time require that an audit be carried out of the safety management practices to which a fleet of vehicles in the Fleet Safety Incentive Programme is subject, if—

(a)

the Corporation believes, on reasonable grounds, that the safety management practices might no longer meet the prescribed standards:

(b)

the registered person of any of the vehicles in the fleet becomes insolvent, files for bankruptcy, or goes into liquidation:

(c)

the Corporation believes, on reasonable grounds, that there is a significant change in 1 or more of the following that could affect the safety management practices:

(i)

the ownership of vehicles in the fleet:

(ii)

the management of the fleet:

(iii)

if the registered person is not a natural person, the ownership, management, or company structure of the registered person or the financial group of which the registered person is a member.

(2)

After an audit under this clause, the Corporation must determine whether the safety management practices meet the prescribed standards and, if so, whether they meet the standards to a bronze, silver, or gold level.

(3)

The Corporation must notify the registered person or registered persons of its determination under subclause (2).

(4)

If the Corporation is satisfied that the safety management practices meet the prescribed standards, the vehicles are deemed to remain in the Fleet Safety Incentive Programme for a period of 4 years beginning on the first day after the date on which the Corporation notifies the registered person or registered persons under subclause (3).

(5)

If a new rate of levy applies to the vehicles as a result of the Corporation’s determination under subclause (2), the new rate applies in relation to each vehicle from the first day of the next licensing period for the vehicle after the date on which the Corporation notifies the registered person under subclause (3).

Additional vehicles joining programme

9 Additional vehicles joining programme

(1)

This clause applies if—

(a)

the Corporation is notified that a person has become the registered person of a goods vehicle over 3,500 kilograms; and

(b)

that person is the registered person of other vehicles that are in the Fleet Safety Incentive Programme.

(2)

If the Corporation is satisfied that the new vehicle is subject to the same safety management practices as the registered person’s other vehicles in the Fleet Safety Incentive Programme, then—

(a)

the new vehicle is also deemed to be in the Fleet Safety Incentive Programme—

(i)

beginning on the day after the date on which the Corporation is notified under subclause (1)(a):

(ii)

until the end of the period that applies to the other vehicles in the fleet under clause 5(5)(a) or 8(4); and

(b)

the lower rate of levy applies to the new vehicle from the first day of the next licensing period after the date on which the Corporation is notified under subclause (1)(a).

Vehicles leaving programme

10 Registered person or registered persons may ask for fleet to leave programme

(1)

A registered person or registered persons may apply to the Corporation for a fleet of vehicles to leave the Fleet Safety Incentive Programme.

(2)

Within 10 working days after receiving an application under subclause (1), the Corporation must notify the registered person or registered persons that it has received the application.

(3)

The vehicles in the fleet cease to be in the Fleet Safety Incentive Programme at the close of the day on which the Corporation notifies the registered person or registered persons under subclause (2).

11 Vehicles leaving programme on change of registered ownership

(1)

If a vehicle’s registered person changes and as a result that vehicle ceases to be subject to the same safety management practices, the vehicle ceases to be part of the Fleet Safety Incentive Programme at the close of the day on which the registered ownership changes.

(2)

However, if applicable, the vehicle’s new registered person may apply for the vehicle to rejoin the programme in accordance with clause 2 or 9.

Vehicles rejoining programme

12 Vehicles previously in programme rejoining programme

(1)

To avoid doubt, a registered person may apply—

(a)

for a vehicle that is currently in the Fleet Safety Incentive Programme to rejoin the programme (for example, at the end of the period referred to in clause 5(5)(a) or 8(4)):

(b)

for a vehicle that was previously in the Fleet Safety Incentive Programme to rejoin the programme.

(2)

This clause is subject to clause 7.

Decisions under this schedule

13 Decisions under this schedule

The following determinations under clause 5(1) or 8(2) are decisions of the Corporation:

(a)

whether safety management practices meet the prescribed standards:

(b)

whether safety management practices meet the prescribed standards to a bronze, silver, or gold level.

Schedule 5 Fleet Safety Incentive Programme standards—vehicles other than rental service vehicles

r 8

1 Interpretation

In this schedule, unless the context otherwise requires,—

health and safety legislation means—

(a)

the Health and Safety at Work Act 2015; and

(b)

regulations made under that Act

notifiable incident has the same meaning as in section 24 of the Health and Safety at Work Act 2015

notifiable injury has the meaning given to notifiable injury or illness in section 23 of the Health and Safety at Work Act 2015

officer of the PCBU has the meaning given to officer in section 18 of the Health and Safety at Work Act 2015

PCBU has the same meaning as in section 17 of the Health and Safety at Work Act 2015

SMART means objectives that are specific, measurable, achievable, realistic, and time-framed

worker has the same meaning as in section 19 of the Health and Safety at Work Act 2015.

Part 1 Bronze-level requirements

1 Registered person’s commitment to safety management practices

Objective

The registered person is able to demonstrate a commitment to health and safety with health and safety practices that are regularly reviewed and evaluated to ensure continuous improvement in on-road and workplace safety management and injury prevention practices.

Details of requirements		Means of verification
1	Health and safety documents outline the registered person’s commitment to health and safety and injury prevention.	A policy (or similar document) that— outlines the registered person’s commitment to health and safety: includes a commitment to comply with health and safety legislation, regulations, codes of practice, standards, and safe operating procedures: includes a statement of support for worker consultation and participation in health and safety practices: identifies individual responsibilities for health and safety: is current, dated, and authorised by the PCBU or an officer of the PCBU: is reviewed at least every 24 months.
2	PCBU responsibilities for health and safety and for injury prevention are assigned and reviewed.	Health and safety roles are designated by the PCBU or an officer of the PCBU in accordance with health and safety legislation.
3	There is a commitment to the accurate reporting and recording of on-road and workplace incidents and injuries.	Health and safety documents include a statement requiring accurate reporting and recording of notifiable incidents and notifiable injuries.
4	There is a commitment to supporting the safe and early return to work of injured workers.	Health and safety documents include a statement of commitment to the safe and early return to work of injured workers.
5	Health and safety practices are reviewed and the implementation of those practices is monitored.	A procedure to review and update health and safety systems annually.
6	Health and safety objectives or projects that are appropriate to the size and type of the business and are related to identified risks and hazards. Note: Objectives should be SMART.	Health and safety objectives and projects are— documented: relevant to each level of the business. A plan to achieve the health and safety objectives and projects.
7	The Fleet Safety Incentive Programme audit standard requirements are met and maintained while the registered person is in the Fleet Safety Incentive Programme.	A procedure for the PCBU or an officer of the PCBU and worker representatives to undertake an annual self-assessment using the tool made available by the Corporation for that purpose.
		Evidence that annual self-assessments are undertaken by the PCBU or an officer of the PCBU and worker representatives.

2 Fleet safe driving practices

Objective

There are systems in place to promote safe and fuel-efficient driving practices as well as systems for reporting and investigating on-road incidents and crashes. Regular reviews of fleet performance are undertaken to promote continuous improvement in all areas of fleet safety.

Details of requirements		Means of verification
1	Health and safety documents outline the registered person’s commitment to fleet safety.	A policy (or similar) that— outlines management’s commitment to fleet safety and fuel efficiency: outlines expectations in relation to safe driving requirements: includes a commitment to comply with transport legislation, codes of practice, and standard operating procedures: outlines the requirement for drivers to drive safely and within the legal speed limit at all times: is current, dated, and authorised by the PCBU or an officer of the PCBU: is reviewed at least every 24 months.
		Responsibility for fleet safety is designated at a senior management level.
2	There are driver development systems in place to promote safe and fuel-efficient driving practices.	Evidence that workers are provided with training in safe and fuel-efficient driving practices (eg, vehicle familiarisation training).
3	There is a procedure for reporting, recording, and investigating road traffic incidents, near misses, and crashes. Note: This may be part of the workplace incident reporting and recording system.	A documented reporting, recording, and investigation procedure.
		Evidence of completed incident and injury (accident) investigation reports (including any reports by the Ministry of Business, Innovation, and Employment, WorkSafe New Zealand, or the New Zealand Police).
		Evidence that corrective actions are undertaken in relation to any deficiencies identified during an investigation.
4	There is a procedure to monitor and review driver and fleet safety performance and encourage continuous improvement.	A procedure to monitor driver performance.
		A procedure to actively monitor and manage driver infringements.
		Evidence of monitoring and management of driver infringements.
		A procedure to review fleet safety performance that includes information such as— near-miss and crash data analysis: property damage and vehicle repair costs: traffic infringements: fuel efficiency: lessons learned from other companies or operators: fleet inspection results.
5	There is active journey management and scheduling to ensure that drivers do not have to speed and that safety is considered during route planning.	There is a list of factors that are considered as part of journey management, including— distance to travel: times of the day or night for travel: time required to complete the whole transport task (including loading, driving, rest breaks, refuelling): delays and how they are managed to ensure that drivers do not have to speed to make up for lost time: ensuring that drivers have sufficient opportunity to stop during shifts (eg, to rest, eat, and use facilities).
		Evidence of consideration of the above factors in journey management and scheduling.
6	There is a procedure to manage driver fatigue and ensure that workers are fit for duty.	There is a procedure that includes— undertaking regular driver health checks: providing information to workers about the importance of hydration, food, sleep, managing fatigue, and being fit for duty: ensuring compliance with driving hours and rest-break requirements: review of driving hours or logbooks to confirm compliance: managing workers who are not fit for duty.

3 Fleet vehicle selection and maintenance

Objective

The registered person has documented processes in place to ensure that safety, injury prevention, and fuel efficiency are considered in the selection, replacement, and ongoing maintenance of fleet vehicles.

Details of requirements		Means of verification
1	There is a documented process to consider safety, injury prevention, and fuel efficiency in the selection and replacement of fleet vehicles.	Evidence that general safety requirements are taken into account in vehicle purchasing decisions (eg, checklists).
2	There is a documented process to ensure fleet vehicles are roadworthy.	A documented process to undertake daily inspections of vehicles.
		A documented process to ensure repairs are undertaken according to risk and remedial action is undertaken in a timely manner.
		Evidence of daily inspections and repairs undertaken.
		Maintenance and certificate of fitness inspections are scheduled, performed, and recorded in a timely manner (eg, regular maintenance at intervals recommended by the vehicle manufacturer).
		There is a documented reminder process for recurring maintenance, vehicle inspections, and certification requirements.
3	Fleet vehicles are equipped with appropriate safety and emergency equipment.	There is identification of the safety and emergency equipment required in vehicles. Drivers are provided with training and information on the use of safety and emergency equipment.

4 Risk and hazard identification, assessment, and management

Objective

The registered person systematically identifies, assesses, and manages on-road and workplace risks and hazards over which the registered person has authority or influence. Workers are provided with appropriate and adequate information, training, and supervision to be able to work safely.

Details of requirements		Means of verification
1	The registered person systematically identifies and records actual and potential on-road and workplace risks and hazards.	A documented procedure that— outlines how to identify risks and hazards facing workers on-road and in the workplace: outlines when a review should occur (for example, before a process is changed or before new or modified equipment is used): includes definitions of notifiable event and notifiable injury as used in health and safety legislation.
		A review of the risk and hazard systems and documentation to support the process in action.
2	There are appropriate controls in place for risks and significant hazards based on the hierarchy in health and safety legislation to— (a) eliminate the risk or hazard; or (b) minimise the impact of the risk or hazard.	A procedure for developing appropriate controls.
		Systems and documentation that identify risks and significant hazards and their controls.
		A documented process for the issue, renewal, and maintenance of safety equipment and personal protective equipment.
3	There are appropriately trained or experienced people leading the identification and management of risks and hazards.	Records of training or skills and experience of people leading the identification and management of on-road and workplace risks and hazards.
		A procedure to obtain specialist advice to manage specific risks and hazards as required.
4	Health and safety information specific to the workplace is available to all workers.	Access to health and safety information is available in the workplace (eg, posters, signs, training, intranet site, or similar).
5	A worker representative is involved in the identification and management of risks and hazards.	Evidence of ongoing worker consultation and involvement in the identification and management of risks and hazards.
6	Health monitoring is undertaken in relation to specific tasks as required.	A procedure to— determine if health monitoring is required in relation to specific tasks: undertake health monitoring (as required) and provide feedback to workers.
7	There is appropriate health and safety training for new workers and workers transferring to a new work area, role, or task.	Induction training includes (where appropriate)— emergency procedures: incident and injury reporting: risk and hazard identification: the process for worker health and safety representation: the use and maintenance of relevant health and safety equipment, including personal protective equipment.
		Evidence that trainers have the relevant skills, experience, or qualifications to conduct training.
		New workers or those undergoing on-the-job training are supervised by skilled and experienced staff.
8	There is training in relation to risks, hazards, and controls associated with specific tasks, roles, or areas of work.	Training needs for specific areas of work, roles, or tasks are identified.
		Evidence of training for specific tasks (eg, certification, training records).
9	Health and safety information and training are provided in a manner that ensures that key messages are understood, taking into account language, literacy, vision, hearing, and other variables.	Health and safety training is understood by workers (eg, signed forms).
10	Exposure of visitors to workplace risks and hazards is minimised.	Clear marking of designated areas, visitor controls, induction for site visitors, and provision of appropriate personal protective equipment for visitors to the workplace and within the vicinity of vehicles.

5 Incident and injury reporting, recording, and investigation

Objective

There is a system for the reporting, recording, and investigation of all incidents and injuries. Investigations and corrective actions are undertaken to promote continuous improvement in health and safety and injury prevention.

Details of requirements		Means of verification
1	There is a system for reporting and recording incidents, injuries, work-related illnesses, and near misses.	Evidence— of reporting and recording procedures: of incident and injury (accident) reporting forms: of workplace incident and injury (accident) registers: of procedures requiring prompt attention to, and notification to regulatory agencies of, all notifiable incidents and notifiable injuries: that notification of notifiable incidents and notifiable injuries is completed within the required time frames (where applicable).
2	Workers understand their responsibilities for reporting and recording workplace and on-road incidents, injuries, and work-related illnesses.	Evidence of staff communications, team briefings, meeting minutes.
3	Injuries to workers, and incidents that result in harm (or could have resulted in harm) to a worker, are investigated.	Evidence of— incident and injury investigation procedures: designated incident and injury (accident) investigators: incident and injury (accident) investigation example reports (where applicable).
4	Corrective actions are undertaken in relation to any deficiencies identified during an investigation.	Evidence of— a procedure to undertake corrective actions: feedback into risk and hazard management (where applicable).
5	Injury and incident data is reviewed to identify trends and provide information that can be used in injury prevention initiatives.	Collation of all incident and injury data into a central record for analysis.

6 Worker participation in health and safety management

Objective

Workers have ongoing opportunities to participate in the development, implementation, and review of on-road and workplace health and safety practices.

Details of requirements		Means of verification
1	There is regular ongoing consultation and communication between the PCBU or an officer of the PCBU and workers regarding health and safety.	Evidence of quarterly health and safety meetings (or similar) between the PCBU or an officer of the PCBU and workers (eg, health and safety committee meetings, forums, and safety “toolbox” talks).
2	There is an agreed procedure for workers to be involved in the development, monitoring, and review of health and safety practices.	Evidence of an agreed procedure to elect health and safety representatives in accordance with health and safety legislation.
		Information on the agreed process is readily available to all workers.

7 Emergency planning and readiness

Objective

The registered person has identified the potential on-road and workplace emergency situations and has emergency plans in place to deal with these.

Details of requirements		Means of verification
1	There is an emergency plan that identifies potential emergency situations and meets relevant emergency service requirements.	Evidence of identification of the range of potential on-road and workplace emergency situations.
		An emergency plan that considers emergency service requirements and includes the response required for the relevant emergency situations.
2	There are procedures, equipment, and trained workers to deal with emergency situations.	Emergency procedures have been implemented and communicated to workers (eg, signage and communications).
		Designated managers, workers, or wardens are appointed and trained to manage emergency situations.
3	There is periodic testing and review of emergency procedures.	Records of emergency procedure practices held at least once every 6 months.

8 Contractor and subcontractor management

Objective

The registered person has systems in place to manage contractors and subcontractors to ensure that they do not cause harm to the registered person’s workers. All contractors and subcontractors are required to comply with the registered person’s health and safety requirements.

Details of requirements			Means of verification
Health and safety inductions are undertaken for all contractors and subcontractors, including contractors and subcontractors carrying out one-off maintenance (or similar).			Evidence of completed contractor inductions.
			A designated person to co-ordinate inductions.

9 Workplace observation

Objective

On-road and workplace health and safety systems have been implemented and are understood by workers.

Details of requirements			Means of verification
On-road and workplace health and safety systems have been implemented and are understood by workers.			Selection and review of risks and significant hazards and related controls.
			Systems and documentation include actual and potential on-road and workplace risks and hazards, and identify those that are high and significant, respectively.
			Safety and emergency equipment is in vehicles.
			Vehicles have current certifications (eg, a certificate of fitness).
			Evidence of personal protective equipment in use (where appropriate).
			Restricted areas of work are clearly marked.
			Incident and injury (accident) registers are available in the workplace.
			Security logbooks, visitor registers (or similar), and appropriate personal protective equipment are provided.
			Emergency evacuation procedures are clearly outlined (eg, on signs and posters).
			Confirmation with workers.

Part 2 Additional silver-level requirements

1 Registered person’s commitment to safety management practices

Objective

Details of requirements		Means of verification
1	There is a commitment to supporting the safe and early return to work of injured workers.	Information is provided to the PCBU or an officer of the PCBU on how to support the safe and early return to work of injured workers.
2	Health and safety objectives or projects are set that are appropriate to the size and type of the business and are related to identified risks and hazards. Note: Objectives should be SMART.	Evidence of annual review and update of objectives or projects.
3	The registered person has knowledge of current health and safety information, including legislation, codes of practice, and other relevant information.	A procedure to— identify relevant health and safety information: ensure compliance or conformance with relevant requirements.
		Evidence of updates to reflect any changes to health and safety information (where applicable).
4	There is a system for controlling and updating health and safety related documents and information.	A document control system.
		Responsibilities for document control are assigned.

2 Fleet safe driving practices

Objective

Details of requirements		Means of verification
1	There are driver development systems in place to promote safe and fuel-efficient driving practices.	Evidence that ongoing training (eg, driver safety awareness) is provided to drivers at least once every 24 months.
2	There is a procedure for reporting, recording, and investigating road traffic incidents, near misses, and crashes. Note: This may be part of the workplace incident reporting and recording system.	Evidence (documented and signed) that— responsibility for corrective action is assigned: deadlines for correction actions are set: appropriate training is undertaken (where applicable).
3	There is a procedure to monitor and review driver and fleet safety performance and encourage continuous improvement.	Evidence of annual review of fleet safety performance.

3 Fleet vehicle selection and maintenance

Objective

Details of requirements			Means of verification
There is a documented process to consider safety, injury prevention, and fuel efficiency in the selection and replacement of fleet vehicles.			The documented vehicle selection process outlines detailed criteria to be considered in purchasing decisions that include (at least)— operating environment and vehicle specifications: road safety: injury prevention: vehicle performance (including fuel efficiency).

4 Risk and hazard identification, assessment, and management

Objective

The registered person systematically identifies, assesses, and manages on-road and workplace risks and hazards over which he or she has authority or influence. Workers are provided with appropriate and adequate information, training, and supervision to be able to work safely.

Details of requirements		Means of verification
1	The registered person systematically identifies and records actual and potential on-road and workplace risks and hazards.	Evidence that systems and documentation are regularly reviewed and updated.
2	There are appropriate controls in place for risks and significant hazards based on the hierarchy in health and safety legislation to— (a) eliminate the risk or hazard; or (b) minimise the risk or hazard by— (i) substitution: (ii) isolation: (iii) application of engineering controls: (iv) application of administrative controls: (v) provision of personal protective equipment.	There is an inspection schedule (or similar) to confirm that risk and hazard controls are in place and appropriate.
3	Health monitoring is undertaken in relation to specific tasks as required.	A procedure— to undertake pre-employment health screening that is linked to specific risks or significant hazards (where applicable): for post-critical event and exit testing: to manage sub-optimal test results that considers medical and vocational needs: to ensure sub-optimal results are considered and addressed in the management of risks and hazards.
4	Health and safety information and training are provided in a manner that ensures that key messages are understood, taking into account language, literacy, vision, hearing, and other variables.	A reminder process (or similar) for recurring training or certifications.

5 Incident and injury reporting, recording, and investigation

Objective

Details of requirements		Means of verification
1	Injuries to workers, and incidents that result in harm (or could have resulted in harm) to a worker, are investigated.	Evidence of in-depth incident investigation that identifies root causes of incidents and wider organisational factors, including chain of responsibility (as appropriate to the potential severity of the incident).
2	Corrective actions are undertaken in relation to any deficiencies identified during an investigation.	Evidence (documented and signed) that— responsibility for corrective action is assigned: deadlines for corrective actions are set: appropriate training is undertaken (where applicable).
3	Injury and incident data are reviewed to identify trends and provide information that can be used in injury prevention initiatives.	Evidence of annual review of collated data.

6 Worker participation in health and safety management

Objective

Workers have ongoing opportunities to participate in the development, implementation, and review of on-road and workplace health and safety practices.

[No additional silver-level requirements.]

7 Emergency planning and readiness

Objective

The registered person has identified the potential on-road and workplace emergency situations and has emergency plans in place to deal with these.

Details of requirements			Means of verification
1	There are procedures, equipment, and trained workers to deal with emergency situations.		Review or refresher training has been undertaken with designated managers, workers, or wardens within the previous 12 months.
2	There is periodic testing and review of emergency procedures.		Evidence of review of emergency procedures after practice drills and following any actual emergency event.

8 Contractor and subcontractor management

Objective

Details of requirements		Means of verification
1	Criteria to select contractors includes an assessment of their safety, injury prevention, and fuel-efficiency practices (where applicable).	Documented contractor selection criteria.
		Evidence that contractors provide details of their safety, injury prevention, and fuel-efficiency practices as part of the documented contract tendering process.
2	Health and safety expectations and responsibilities are included in contracts.	Evidence that contracts or other signed agreements include health and safety responsibilities.
		The health and safety performance of contractors is monitored throughout the contract period.

Part 3 Additional gold-level requirements

1 Registered person’s commitment to safety management practices

Objective

Details of requirements		Means of verification
1	PCBU responsibilities for health and safety and injury prevention are assigned and reviewed.	Evidence that individual management performance is reviewed at least once every 12 months against fleet and workplace health and safety responsibilities.
		Evidence that the PCBU or an officer of the PCBU has been involved in health and safety (eg, seminars, briefings, and conferences) within the previous 24 months.
2	There is a commitment to supporting the safe and early return to work of injured workers.	Evidence of the PCBU’s or an officer of the PCBU’s involvement in supporting the safe and early return to work of injured workers.
3	Health and safety practices and performance are reviewed and implementation of those practices is monitored.	Evidence that policy and system reviews occur after a critical event or if there is a significant change in the scope of the fleet’s operations or the organisation.
4	Health and safety objectives or projects are set that are appropriate to the size and type of the business and are related to identified hazards. Note: Objectives should be SMART.	Evidence that the PCBU or an officer of the PCBU and worker representatives are involved in the annual setting and review of objectives or projects.

2 Fleet safe driving practices

Objective

Details of requirements		Means of verification
1	There are driver development systems in place to promote safe and fuel-efficient driving practices.	Evidence that ongoing (internal or external) training is provided to drivers at least every 12 months.
		Evidence that pre-employment driver history checks and on-road driving assessments are undertaken as part of the recruitment process.
2	There is a procedure for reporting, recording, and investigating road traffic incidents, near misses, and crashes. Note: This may be part of the workplace incident reporting and recording system.	Evidence of the PCBU’s or an officer of the PCBU’s involvement and follow-up of corrective actions.
3	There is a procedure to monitor and review driver and fleet safety performance and encourage continuous improvement.	Evidence of formal assessments of individual driver performance.
4	There is a procedure to manage driver fatigue and ensure that workers are fit for duty.	Evidence of participation in programmes to encourage and support worker health and wellness (eg, the Corporation’s “Fit for the Road” initiative or other industry initiatives).
5	There are systems to monitor fuel consumption and speed.	Evidence of reports that monitor speed, fuel consumption (km/litre or equivalent), and other key performance indicators.

3 Fleet vehicle selection and maintenance

Objective

Details of requirements			Means of verification
Fleet vehicles are equipped with appropriate safety and emergency equipment.			Refresher training on the use of safety and emergency equipment is provided to drivers at least once every 24 months.

4 Risk and hazard identification, assessment, and management

Objective

Details of requirements			Means of verification
1	There are appropriately trained or experienced people leading the identification and management of risks and hazards.		Evidence of ongoing training or experience for people leading hazard management at least once every 24 months.
2	Health and safety information and training are provided in a manner that ensures that key messages are understood, taking into account language, literacy, vision, hearing, and other variables.		Evidence that competency has been achieved following training.

5 Incident and injury reporting, recording, and investigation

Objective

Note: The reporting, recording, and investigation of on-road incidents, injuries, and crashes are covered under clause 2 (fleet safe driving practices).

Details of requirements			Means of verification
1	Corrective actions are undertaken in relation to any deficiencies identified during an investigation.		Evidence of the PCBU’s, or an officer of the PCBU’s, involvement in, and follow-up of, any corrective actions.
2	Injury and incident data are reviewed to identify trends and provide information that can be used in injury prevention initiatives.		Evidence that collated data is provided to management if trends identify further action is required.

6 Worker participation in health and safety management

Objective

Workers have ongoing opportunities to participate in the development, implementation, and review of on-road and workplace health and safety practices.

Details of requirements			Means of verification
1	There is an agreed procedure for workers to be involved in the development, monitoring, and review of health and safety practices.		Evidence of worker involvement in the development, monitoring, and review of health and safety practices at least once every 12 months.
2	Health and safety training is provided to workers actively involved in health and safety management.		Evidence that health and safety training has been undertaken at least once every 24 months.

7 Emergency planning and readiness

Objective

The registered person has identified the potential on-road and workplace emergency situations and has emergency plans in place to deal with emergency situations.

Details of requirements			Means of verification
There are procedures, equipment, and trained staff to deal with emergency situations.			Specific emergency training is provided for designated managers, workers, or wardens (eg, advanced first aid training for drivers and civil defence emergency training).

8 Contractor and subcontractor management

Objective

The registered person has systems in place to manage contractors and subcontractors to ensure that they do not cause harm to the registered person’s workers. All contractors and subcontractors are required to comply with the health and safety requirements of the registered person.

Details of requirements			Means of verification
Health and safety expectations and responsibilities are included in contracts.			Post-contract evaluations are undertaken and include an assessment of the contractor’s or subcontractor’s health and safety performance.

Schedule 6 Fleet Safety Incentive Programme standards—rental service vehicles

r 8

Part 1 Bronze-level requirements

1 Fleet vehicle selection and maintenance

Objective

Details of requirements		Means of verification
1	There is a documented process to consider safety, injury prevention, and fuel efficiency in the selection and replacement of rental fleet vehicles.	Evidence that general safety requirements are taken into account in vehicle purchasing decisions (eg, checklists).
2	There is a documented process to ensure rental fleet vehicles are roadworthy.	A documented requirement that customers undertake daily inspections of rental vehicles.
		A documented process to ensure repairs are undertaken according to risk and remedial action is undertaken in a timely manner.
		Maintenance and certificate of fitness inspections are scheduled, performed, and recorded in a timely manner (eg, regular maintenance at intervals recommended by the vehicle manufacturer).
		There is a documented reminder process for recurring maintenance, vehicle inspections, and certification requirements.
3	Rental fleet vehicles are equipped with appropriate safety and emergency equipment.	There is identification of the safety and emergency equipment required in rental fleet vehicles.
3		Customers are provided with information on the use of safety and emergency equipment.

2 Customer management and monitoring

Objective

The registered person has documented systems and processes in place to encourage and support customers with safer driving practices.

Details of requirements		Means of verification
1	Fleet and on-site health and safety requirements are included in all rental agreements.	Evidence that customers have read and signed a declaration (or similar) committing to— safe driving practices: fleet safety: compliance with transport legislation, codes of practice, and standard operating procedures.
2	Customer management processes include a review of the customer’s safety performance and systems in relation to the vehicles rented by the customer.	A record of the customer’s status as a member of the Fleet Safety Incentive Programme exists and is kept up to date. The record of the customer’s status is used to encourage further improvement in the customer’s safety management practices.
3	Vehicle monitoring results are used to encourage customers to improve safety and injury prevention.	Evidence of a written document or system to collect and provide information to customers about driver infringements in rental fleet vehicles.

3 Fleet safe driving practices

Objective

The registered person has documented systems and processes for reporting and investigating on-road incidents and crashes and that promote safe and fuel-efficient driving practices. Regular reviews of rental fleet performance are undertaken to promote continuous improvement in all areas of rental fleet safety.

Details of requirements		Means of verification
1	Health and safety documents outline the registered person’s commitment to fleet safety and are provided to all customers to encourage safe driving practices, injury prevention, and continuous improvement.	Evidence of a policy (or similar) that— outlines the registered person’s commitment to fleet safety and fuel-efficiency: outlines expectations in relation to safe driving requirements: includes a commitment to comply with transport legislation, codes of practice, and standard operating procedures: outlines the requirement for drivers to drive safely and within the legal speed limit at all times: is current, dated, and authorised by the current chief executive or other senior management representative of the registered person. Evidence that the policy (or similar) is provided to all customers.
2	The registered person has a procedure for workers to report, record, and investigate road traffic incidents, near misses, and crashes relating to rental fleet vehicles. Note: This may be part of the workplace incident reporting and recording system.	A written document in which incident, near-miss, and crash data is collected.
2		Evidence that rental fleet data is reviewed by the registered person to determine any trends and identify injury prevention initiatives.
3	The registered person remains up to date with developments in fleet safety and injury prevention.	A written document for remaining up to date with developments in fleet safety and evidence that this information is passed to customers where appropriate.
4	Rental fleet vehicles are equipped with systems that monitor fuel consumption and speed.	Evidence that rental fleet vehicles are fitted with systems that monitor fuel consumption (km/litre or equivalent), speed, and other key performance indicators.

Part 2 Additional silver-level requirements

1 Fleet vehicle selection and maintenance

Objective

Details of requirements			Means of verification
There is a documented process to ensure rental fleet vehicles are roadworthy.			Evidence that customers are undertaking daily vehicle inspections of rented vehicles.

2 Customer management and monitoring

Objective

The registered person has documented systems and processes in place to encourage and support customers with safe driving practices.

Details of requirements		Means of verification
1	Fleet and on-site health and safety requirements are included in all rental agreements.	Evidence that customers have read and signed a declaration (or similar) committing to— on-site health and safety: fuel-efficient driving practices.
2	Customer management processes include a review of the customer’s safety performance and systems in relation to the vehicles rented by the customer.	Evidence that customers are provided with appropriate support and information on safe driving practices.
		Evidence that shows examples of the effectiveness of the registered person and the customer working together to achieve safe driving practices.
3	Vehicle monitoring results are used to encourage customers to improve safety and injury prevention.	Evidence that monthly feedback is provided to customers on any driver infringements in rental fleet vehicles.
		Evidence that customers analyse feedback on driver infringements in rental fleet vehicles every 3 months and at the end of the rental period.

3 Fleet safe driving practices

Objective

Details of requirements		Means of verification
1	The registered person has a procedure for reporting, recording, and investigating road traffic incidents, near misses, and crashes relating to rental fleet vehicles. Note: This may be part of the workplace incident reporting and recording system.	Evidence that injury prevention initiatives are developed and provided to the customer to support the customer’s commitment to safe driving practices.
1		Evidence that injury prevention information is— updated at least annually: provided to new and existing customers where appropriate.
2	The registered person remains up-to-date with developments in fleet safety and injury prevention.	Evidence that the registered person has been involved in fleet safety-related initiatives (eg, seminars, briefings, conferences) within the previous 24 months.

Rachel Hayward,
acting for Clerk of the Executive Council.

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 1 July 2022, prescribe the rates of motor vehicle levy, motorcycle safety levy, and fuel levy.

These regulations maintain and update the levy rates from the Accident Compensation (Motor Vehicle Account Levies) Regulations 2019 (the 2019 Regulations) as follows:

the current average Motor Vehicle Account levy rate is maintained for the 2022–23 to 2024–25 period at $113.94 per vehicle:
the petrol levy is maintained at 6 cents per litre:
the levy rates are redistributed over the 3-year levy period within the Motor Vehicle Account according to risk ratings and other relevant factors, such as affordability.

These regulations also carry forward the provisions in the 2019 Regulations in relation to the Fleet Safety Incentive Programme.

These regulations revoke and replace the 2019 Regulations.

Regulatory impact statement

The Ministry of Business, Innovation, and Employment produced a regulatory impact statement on 17 November 2021 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 2019.

Date of notification in Gazette: 21 April 2022.

These regulations are administered by the Ministry of Business, Innovation, and Employment.

List of access keys

Accident Compensation (Motor Vehicle Account Levies) Regulations 2022

Accident Compensation (Motor Vehicle Account Levies) Regulations 2022

Order in Council

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Contents

Regulations

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3 Interpretation

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(b)

(c)

4 Periods to which levy relates

(a)

(b)

(c)

(d)

Fuel levy

5 Fuel levy

Motor vehicle levy and motorcycle safety levy

6 Motor vehicle levy and motorcycle safety levy

(a)

(b)

(i)

(ii)

7 When levies payable

(a)

(b)

(i)

(ii)

8 Lower motor vehicle levy rates for certain goods vehicles over 3,500 kilograms

Miscellaneous provisions

9 Levies exclusive of GST

10 Revocation and savings

Schedule 1 Motor vehicle levy for motor vehicles and motorcycle safety levy starting on 1 July 2022

Part 1 Motor vehicle levy on licensed vehicles

Part 2 Motor vehicle levy on holders of trade plates

Part 3 Lower levies for registered persons participating in Fleet Safety Incentive Programme

Schedule 2 Motor vehicle levy for motor vehicles and motorcycle safety levy starting on 1 July 2023

Part 1 Motor vehicle levy on licensed vehicles

Part 2 Motor vehicle levy on holders of trade plates

Part 3 Lower levies for registered persons participating in Fleet Safety Incentive Programme

Schedule 3 Motor vehicle levy for motor vehicles and motorcycle safety levy starting on 1 July 2024

Part 1 Motor vehicle levy on licensed vehicles

Part 2 Motor vehicle levy on holders of trade plates

Part 3 Lower levies for registered persons participating in Fleet Safety Incentive Programme

Schedule 4 Fleet Safety Incentive Programme for goods vehicles over 3,500 kilograms

1 Interpretation

(a)

(b)

Initial applications to join programme

2 Who may join Fleet Safety Incentive Programme

(a)

(b)