The Parliamentary Counsel Office has made editorial and format changes to this version using the powers under subpart 2 of Part 3 of the Legislation Act 2019.

Note 4 at the end of this version provides a list of the amendments included in it.

This order is administered by the Ministry of Transport.

Pursuant to section 38 of the Road User Charges Act 2012, His Excellency the Governor-General makes the following order, acting—

(a)

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

(b)

on the recommendation of the Minister of Transport after having been satisfied of the matters referred to in section 38(2) of that Act.

1	Title
2	Commencement
3	Interpretation
4	Classes of RUC vehicles in respect of which road user charges are not payable
	Schedule Classes of RUC vehicles in respect of which road user charges are not payable
	Gazette Information
	Notes

Order

1 Title

This order is the Road User Charges (Classes of RUC Vehicles) Exemption Order 2012.

2 Commencement

This order comes into force on 1 August 2012.

3 Interpretation

(1)

In this order, unless the context otherwise requires,—

Act means the Road User Charges Act 2012

agricultural purposes includes—

(a)

cultivating land, growing or harvesting crops, rearing livestock, horticulture, and viticulture; and

(b)

land management operations (other than forestry) connected with any of the activities described in paragraph (a)

all-terrain vehicle means a motor vehicle (with or without motorcycle controls and equipment) that—

(a)

is principally designed for off-road use; and

(b)

has 3 or more wheels; and

(c)

is powered by either or both of the following:

(i)

an internal combustion engine with an engine capacity exceeding 50 ml:

(ii)

an electric motor with an output exceeding 4 kW; and

(d)

has a gross laden weight less than 1 000 kg

forklift means a motor vehicle that is not fitted with self-laying tracks and that is designed principally for lifting, carrying, and stacking goods by means of 1 or more tines, platens, or clamps

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

mobile crane does not include—

(a)

a mobile vehicle recovery unit:

(b)

a truck mounted crane:

(c)

a crane to which a distance recorder is, or could readily be, fitted

self-propelled machine designed for industrial purposes means the following self-propelled machines that are designed and constructed, and not merely adapted, for industrial purposes:

(a)

aerodrome runway sweepers:

(b)

aero engine test benches:

(c)

electrical substations:

(d)

filters for transformer oil:

(e)

log haulers that are stationary when hauling logs

self-propelled vehicle or towed vehicle designed for agricultural purposes—

(a)

means a self-propelled vehicle or towed vehicle that is designed and constructed, and not merely adapted, for agricultural purposes; but

(b)

does not include—

(i)

a tractor:

(ii)

a self-propelled or towed vehicle designed for spreading fertiliser if used on a road for the cartage of fertiliser:

(iii)

a self-propelled vehicle designed as a weed sprayer built on a truck chassis

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

tractor means a motor vehicle (other than a traction engine) that is designed and constructed, and not merely adapted, for traction and powering implements.

(2)

Terms or expressions used and not defined in this order but defined in the Act have, in this order, the same meaning as in the Act.

Clause 3(1) all-terrain vehicle paragraph (c): replaced, on 1 April 2024, by section 18 of the Road User Charges (Light Electric RUC Vehicles) Amendment Act 2024 (2024 No 12).

Clause 3(1) tractor: replaced, on 1 June 2013, by clause 4 of the Road User Charges (Classes of RUC Vehicles) Exemption Amendment Order 2013 (SR 2013/134).

4 Classes of RUC vehicles in respect of which road user charges are not payable

For the purposes of section 38(1) of the Act, the classes of RUC vehicles in respect of which road user charges are not payable are the classes of RUC vehicles specified in the Schedule.

Schedule Classes of RUC vehicles in respect of which road user charges are not payable

cl 4

Aerodrome crash fire tenders used on road only in emergencies

All-terrain vehicles

Asphalt mixing and paving plants

Bulldozers and angle dozers

Cable jinkers

Forestry chippers used exclusively in forestry operations or management of a forest

Forklifts

Front end loaders

Log forwarders

Log haulers that are not self-propelled and are stationary when hauling logs

Log processors

Mobile cranes

Mobile pile drivers

Motor graders

Motor vehicles propelled and supported solely by self-laying tracks

Plant for servicing oil filled cables

Post debarkers

Road rollers

Saw bench apparatus

Sawing or shearing apparatus used for tree cutting

Self-propelled machines designed for industrial purposes

Self-propelled motor scrapers

Self-propelled trench diggers and excavators

Self-propelled vehicles or towed vehicles designed for agricultural purposes, for example,—

(a)

combine harvesters:

(b)

cultivation equipment:

(c)

feed troughs:

(d)

hay balers:

(e)

hay rakes:

(f)

maize harvesters:

(g)

pea viners:

(h)

silage choppers:

(i)

silage wagons:

(j)

windrowers

Self-propelled vehicles that are always unladen on the road and designed exclusively for carrying earth or other bulk materials

Self-propelled water carts that are always unladen on the road

Sidehandlers

Stone and gravel crushing and screening plants

Telehandlers

Traction engines

Tractors

Trailer scrapers that are not self-propelled

Trailers towed by a traction engine, forklift, telehandler, sidehandler, or self-propelled machine designed for industrial purposes

Michael Webster,
for Clerk of the Executive Council.

Issued under the authority of the Legislation Act 2019.

Date of notification in Gazette: 14 June 2012.

Notes

1 General

This is a consolidation of the Road User Charges (Classes of RUC Vehicles) Exemption Order 2012 that incorporates the amendments made to the legislation so that it shows the law as at its stated date.

2 Legal status

A consolidation is taken to correctly state, as at its stated date, the law enacted or made by the legislation consolidated and by the amendments. This presumption applies unless the contrary is shown.

Section 78 of the Legislation Act 2019 provides that this consolidation, published as an electronic version, is an official version. A printed version of legislation that is produced directly from this official electronic version is also an official version.

3 Editorial and format changes

The Parliamentary Counsel Office makes editorial and format changes to consolidations using the powers under subpart 2 of Part 3 of the Legislation Act 2019. See also PCO editorial conventions for consolidations.

4 Amendments incorporated in this consolidation

Road User Charges (Light Electric RUC Vehicles) Amendment Act 2024 (2024 No 12): Part 2 subpart 4

Road User Charges (Classes of RUC Vehicles) Exemption Amendment Order 2013 (SR 2013/134)

Road User Charges (Classes of RUC Vehicles) Exemption Order 2012