Pursuant to sections 152, 154, 158, and 159 of the Land Transport Act 1998, the Associate Minister of Transport makes the following ordinary rule after—

(a)

having complied with the requirements of section 161(2) of that Act; and

(b)

having had regard to the criteria specified in section 164(2) of that Act.

Rule

1 Title

This rule is the Land Transport (Driver Licensing) Amendment Rule 2019.

2 Commencement

This rule comes into force on 1 June 2019.

3 Principal rule

This rule amends the Land Transport (Driver Licensing) Rule 1999 (the 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 Land Transport Act 1998 is set out in Schedule 2.

6 Clause 2 amended (Interpretation)

(1)

In clause 2(1), definition of approved motorcycle, insert after paragraph (b):

(c)

is powered by motive power wholly derived from an external source of electricity and is approved for use by the Agency by notice published on the Agency’s Internet site

(2)

In clause 2(1), revoke the definitions of medical practitioner, occupational therapist, and optometrist.

7 Clause 41 amended (Requirements of medical examination)

In clause 41(4), replace “Medical Practitioners” with “Health Practitioners”.

8 Clause 44 amended (Medical certificates)

(1)

In clause 44(1)(a),—

(a)

replace “registered health professional” with “health practitioner”; and

(b)

replace “Medical Practitioners” with “Health Practitioners”.

(2)

In clause 44(2A)(b), replace “medical practitioner” with “health practitioner”.

9 Clause 77 amended (Requirements for tests, medical examinations, and approved courses)

In clause 77(5), replace “Medical Practitioners” with “Health Practitioners”.

Schedule 1 Objective of rule

cl 4

This Land Transport (Driver Licensing) Amendment Rule 2019 (the amendment rule) amends the Land Transport (Driver Licensing) Rule 1999.

The objective of the amendment rule is to—

add a new paragraph to the definition of approved motorcycle to enable the New Zealand Transport Agency to approve electrically powered motorcycles as suitable for learner drivers for driver licensing purposes; and
update terminology relating to medical practitioners to use the term “health practitioner” where appropriate.

Schedule 2 Consultation carried out under section 161(2) of Land Transport Act 1998

cl 5

For the purposes of consultation, amendments proposed to the Land Transport (Driver Licensing) Rule 1999 (the principal rule) and 14 other Land Transport Rules were combined into a single draft rule, the Land Transport Rule: Regulatory Stewardship (Omnibus) Amendment 2018 (the Omnibus Amendment Rule).

The New Zealand Transport Agency (the Agency) sent details of the amendment proposals by letter or email to approximately 2,544 groups and individuals who had registered an interest in the rules to be amended. The Omnibus Amendment Rule was made available through the Agency’s contact centre and, together with questions and answers, was also available on the Agency’s Internet site. The availability of the amendment proposals for comment was publicised in the daily newspapers in Auckland, Hamilton, Wellington, Christchurch, and Dunedin. It was also notified in the Gazette on 23 July 2018.

The Agency received 41 submissions on the Omnibus Amendment Rule, of which 11 commented on the proposed amendments to the principal rule.

The submissions received were taken into account in finalising this amendment rule, following which it was submitted to the Associate Minister of Transport for signing.

Dated at Wellington this 10th day of April 2019.

Hon Julie Anne Genter,
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 June 2019, amends the Land Transport (Driver Licensing) Rule 1999 to implement the objective described in Schedule 1.

Issued under the authority of the Legislation Act 2012.

Date of notification in Gazette: 18 April 2019.

This rule is administered by the Ministry of Transport.

Land Transport (Driver Licensing) Amendment Rule 2019