Consultation details
Introduction
The NZ Transport Agency (established on 1 August 2008 by an amendment to the Land Transport Management Act 2003, which brought together, within a new organisation, the former Land Transport New Zealand and Transit New Zealand) seeks your comments on the yellow (public consultation) draft of Land Transport Rule: Omnibus Amendment 2008 (the draft Rule). The draft Rule sets out proposals for amending Land Transport Rules made under the Land Transport Act 1998.
Purpose of the proposed amendments
The purpose of the draft Rule is to make minor changes to 12 Land Transport Rules. The changes are being proposed for a number of reasons. These include clarifying current requirements, better aligning of New Zealand requirements with overseas standards, amending procedural requirements to accord with industry needs or practices, making requirements more flexible (without diminishing safety standards), making consequential changes arising out of other legislation, and correcting minor errors and omissions.
The Rules to be amended are:
- Land Transport (Driver Licensing) Rule 1999;
- Land Transport Rule: Heavy-vehicles Brakes 2006;
- Land Transport Rule: Operator Licensing 2007;
- Land Transport Rule: Operator Safety Rating 2008;
- Land Transport Rule: Passenger Service Vehicles 1999;
- Land Transport Rule: Seatbelts and Seatbelt Anchorages 2002;
- Land Transport Rule: Tyres and Wheels 2001;
- Land Transport Rule: Vehicle Dimensions and Mass 2002;
- Land Transport Rule: Vehicle Exhaust Emissions 2007;
- Land Transport Rule: Vehicle Lighting 2004;
- Land Transport Rule: Vehicle Standards Compliance 2002; and
- Land Transport Rule: Work Time and Logbooks 2007.
Matters to be taken into account in making the amendments
Regulatory impact of proposals
The proposed amendments to Land Transport Rules are not expected to result in increased compliance costs for the industry or the public. In some cases, amendments may make compliance easier by bringing Rule requirements into line with current practice in the industry or in overseas jurisdictions, or by clarifying or reducing current requirements.
Contribution to New Zealand Transport Strategy (NZTS)
In accordance with section 164(2) of the Land Transport Act 1998, the Minister has to take into account whether a Rule assists economic development, improves access and mobility, protects and promotes public health and ensures environmental sustainability.
The purpose of the proposals in the draft Rule is to amend existing legal requirements for the reasons stated above. Although the amendments, overall, would not directly further the objectives of the NZTS, it is not expected that they would have a negative impact on achieving NZTS objectives.
International considerations
Rules must not be inconsistent with New Zealand’s international obligations relating to land transport safety. In proposing the Rule amendments, consideration has been given, where relevant, to requirements in other jurisdictions.
The consultation process
A tabular summary of the proposed amendments setting out the reasons for amending the current Rules is being issued for consultation together with the draft Rule and Questions and Answers. Please take the opportunity to study the proposed changes to see what effect, if any, they may have. We welcome any comments you may wish to make on the Rule proposals.
Accessing the draft Rule and information material
A printed copy of the yellow draft document can be obtained by calling the NZ Transport Agency Contact Centre on freephone 0800 699 000. Alternatively, the yellow draft (together with Questions and Answers and an on-line submission form) is available on the NZ Transport Agency website at www.nzta.govt.nz/consultation/omnibus-amendment-2008.
The draft Rule sets out only the proposed Rule changes. To help put these into context, the proposals in the draft amendment Rule, on the website, are linked to the Rules to be amended. Printed copies of final Land Transport Rules can be purchased from selected bookshops throughout New Zealand that sell legislation, and most can also be obtained direct from the Rules’ printers and distributors, Wickliffe Limited, PO Box 932, Dunedin, telephone (06) 358 8231. To access the Rules on the website and find details about purchasing Rules, go to www.landtransport.govt.nz/rules/index.html.
Making a submission
Please send your comments, preferably either by e-mail to info@nzta.govt.nz or by using the on-line submission form. If you send your comments by email, it would be appreciated if you could send us a Word version. This would help speed up the process of summarising and analysing your comments.
Please quote the proposal numbers when making your submission. If you e-mail your comments, we would be grateful if you would include your postal address and send your submission to:
Omnibus Amendment Rule
Rules Team
NZ Transport Agency
Private Bag 6995
Wellington 6141
Submissions on Rules are treated as being public information
Please indicate if your comments are commercially sensitive or if, for some other reason, you do not want them to be disclosed beyond those considering your comments.
Where to from here?
The NZ Transport Agency has drafted this proposed Rule under an Agreement for Rules Development Services with the Secretary for Transport. Following consultation, the provisions in the draft Rule will be split into individual amendment Rules. Subject to Government agreement, the draft amendment Rules will be submitted for signature to the Minister for Transport Safety. The amendment Rules will come into force 28 days after signing or at some later date as specified in the Rules.
Please note the deadline for submissions on the Rule amendment proposals, which is 16 September 2008.
Last updated: 20 August 2008
