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Summary of proposals

Updated: 9 December 2009

Consultation index


Driver Licensing Rule 1999

Section 2 of Omnibus Amendment Rule 2009

OA Rule ref(s) Current Rule reference/Proposed change Reason for change
Proposal number 1
2.1(2) Schedule 3
Amend Schedule 3 of the Rule to make it more user-friendly and easier to understand. The following improvements are proposed:

delete "less than 18,001 kg" and replace with "not more than 18,000 kg".

delete "less than 25,001 kg" and replace with "not more than 25,000 kg".
It is not necessary to apply the slightly higher limit of 18,001 kg or 25,001 kg - a rounded figure (ie, 18,000 kg or 25,000 kg) is simpler to understand.

There are no vehicles registered with a GLW of more than 18,000kg and less than 18,001kg. In addition, there are no vehicles registered with a GCW of more than 25,000kg and less than 25,001 kg.

Consequently, there should not be any drivers who are disadvantaged by this proposal.

Frontal Impact Rule 2001

Section 3 of Omnibus Amendment Rule 2009

OA Rule ref(s) Current Rule reference/Proposed change Reason for change
Proposal number 2
3.1(2), 3.1(4) and 3.1(5) Various
Amend the definition of immigrant’s vehicle and substitute “Agency” for “Director” and “Director of Land Transport Safety” in the Objective and relevant provisions and in Parts 2 and 3.
This amendment would update the Rule to align with the Vehicle Emissions Rule and changes in the Land Transport Management Act (LTMA) 2003, as amended by the LTMA 2008.
Proposal number 3
3.1(3) Insert a new clause to the effect that all requirements relating to seatbelts are contained in Land Transport Rule: Seatbelts and Seatbelt Anchorages 2002 (the Seatbelts Rule) ie, the Seatbelts Rule will prevail over Land Transport Rule: Frontal Impact 2001 (the Frontal Impact Rule) in this regard. The Seatbelts Rule states that a seatbelt is not required for certain vehicles in specified seating positions¹.

Vehicle importers are, therefore, allowed to remove seatbelts fitted in these positions at the request of the vehicle purchaser. This conflicts with the Frontal Impact Rule, which prohibits the removing of occupant-protection equipment.

The proposed change will assist enforcement of the Rule by clarifying that this prohibition does not apply to seatbelts, the requirements for which are all contained in the Seatbelts Rule.

¹ For example, vehicles of Classes NB and NC manufactured after 1 November 1979 and before 1 October 2003.

Operator Licensing Rule 2007

Section 4 of Omnibus Amendment Rule 2009

OA Rule ref(s) Current Rule reference/Proposed change Reason for change
Proposal number 4
4.1(2) Various
Amend the Rule by substituting "Agency" for "Director" in relevant provisions.
This amendment would update the Rule to align with changes in the LTMA 2003, as amended by the LTMA 2008.
Proposal number 5
4.1(3) 2.4(3) Schedule 2
Remove the mandatory requirement for a taxi or shuttle driver to display their Transport Service Licence (TSL) label, and substitute a requirement to display the TSL label (card) in the vehicle or the TSL number on the vehicle's door.
This proposed change is intended to address concerns that drivers may have about their safety.
Proposal number 6
4.1(4) 8.2
Amend the Rule to state that a person may not operate an approved taxi service unless approval has been granted by the Agency.
Section 30P(1) of the Land Transport Act 1998 (LTA) provides for the NZTA to approve an application by a person or organisation to be an ATO. However, the law currently does not require that to operate as an ATO, an application must be made to the NZTA and that operating an ATO before gaining NZTA approval is an offence. The proposed amendment would correct these anomalies.

It is proposed that a new offence is created.

Proposed penalties: On summary conviction, individual $10,000 Corporate $10,000 Infringement fee individual $2000 corporate $2000
Proposal number 7
4.1(5) Part 2 Definitions
Amend the definition of goods service vehicle (GSV) by substituting the following paragraph for paragraph (b):

"(b) does not include a forklift"
The purpose of this amendment is to make it clear that these forklifts do not need to operate under a GSL. This is stated in the LTA already (ie, the definition of a transport service vehicle excludes a forklift). However it will assist the public and enforcement to have this stated as being an exempt GSV in the Rule (this is provided for under the definition of a GSV in the LTA).
Proposal number 8
4.1(6) Schedule 4
Remove 'Ashburton' as an area for which an area knowledge certificate (AKC) is required.
This change is proposed because taxi operators in Ashburton require an AKC but a test provider is not available.

Operator Safety Rating Rule 2008

Section 5 of Omnibus Amendment Rule 2009

OA Rule ref(s) Current Rule reference/Proposed change Reason for change
Proposal number 9
5.1(2) and 5.1(5) Various
Amend the Rule by substituting "Agency" for "Director" in the Objective and relevant provisions, headings and definitions.
This amendment would update the Rule to align with changes in the LTMA 2003, as amended by the LTMA 2008.
Proposal number 10
5.1(3) 2.1(1)
Amend this subclause to remove reference to safety ratings being included in the operator's vehicle crash history.
This change is proposed because crash data is currently part of a rating in the Rule, but it should be at the discretion of the Agency.
Proposal number 11
5.1(4) 5.2
Amend the Rule to allow a panel to be set up to review a proposed operator rating to have a minimum of three members.
Subject to the approval of the operator applying for the review, the proposed change would allow a panel to consist of only three persons if the decisions to be made are limited; for example, there is a small set of disputed events.

Passenger Service Vehicles Rule 1999

Section 6 of Omnibus Amendment Rule 2009

OA Rule ref(s) Current Rule reference/Proposed change Reason for change
Proposal number 12
6.1 1.2(2), 2.3(4),2.4(5)
Part 3
Add to UN/ECE regulations No 36 and 52 with UN/ECE Regulation No. 107, Uniform provisions concerning the approval of categories M2 or M3 vehicles with regard to their general construction (E/ECE324-E/ECE/TRANS/Rev.2/Add.106/Rev.1/Amend.1).

The following standard would be inserted as an alternative approved standard to Reg. 107:

Directive 2001⁄85⁄EC of the European Parliament and of the Council of 20 November 2001, relating to special provisions for vehicles used for the carriage of passengers comprising more than eight seats in addition to the driver's seat, and amending Directives 70⁄156⁄EEC and 97⁄27⁄EC.

UN⁄ECE Regulations 36 and 52 are included in the Rule as alternatives to compliance with the specific technical requirements in the Rule.

The proposed amendment is necessary to avoid problems for new vehicle importers as it will no longer be possible for new vehicles to be approved to Regulations No. 36 and 52, which have been cancelled by the UN.

Regulation No. 107 came into being before New Zealand acceded to the 1958 agreement for the global harmonisation of vehicle regulations, and consequently New Zealand did not automatically adopt that regulation.

Vehicle Dimensions and Mass Rule 2002

Section 7 of Omnibus Amendment Rule 2009

OA Rule ref(s) Current Rule reference/Proposed change Reason for change
Proposal number 13
7.1(2) Table 4.1
In the 'overall length' category, the 'rigid bus' description is to be extended.

There will now be 2 rigid bus descriptions, not 1.
This proposed change arose from comments on the Vehicle Dimensions and Mass Amendment Rule consulted on earlier this year.
Proposal number 14
7.1(3) 4.1(4A), 4.1(4B)
Insert a new provision to allow buses to have bicycle racks fitted which will not be taken into account in the overall length or forward distance.
This proposal arose from consultation on the Vehicle Dimensions and Mass Amendment earlier this year.
Proposal number 15
7.1(4) 6.6(11)
Amend the Rule to except vehicles that are constructed for use in connection with the operation or management of a farm from the need to comply with the travel time restrictions under clause 6.12 of the Rule, unless they are unable to travel within their own lane.
The restricted travel times for certain overdimension vehicles (ODVs) are not applicable to an ODV that does not project outside the lane in which the vehicle is travelling, and has been certified as meeting the road space requirements of a maximum size standard vehicle ('swept path'). This requires testing, at the operator's expense, to determine whether an ODV meets the swept path requirement. This testing has shown that most ODVs in this category meet those requirements and certain vehicle dimensions equate to a certain swept path.

The proposed amendment would remove a restriction that impedes economic activity at certain peak times in the agricultural sector, and would remove an unnecessary cost on operators of ODVs.

Vehicle Equipment Rule 2004

Section 8 of Omnibus Amendment Rule 2009

OA Rule ref(s) Current Rule reference/Proposed change Reason for change
Proposal number 16
8.1(2) 2.5(2)(c)
Amend the Rule to allow for the aftermarket fitting of satellite navigation systems operated by way of a hands-free mobile phone.
Currently, the Rule only allows a satellite navigation system that has been fitted as original equipment by the vehicle manufacturer.

The proposed change will bring this Rule into line with a recent change to the Road User Rule that will allow drivers to use these devices while operating a vehicle.

Vehicle Exhaust Emissions Rule 2007

Section 9 of Omnibus Amendment Rule 2009

OA Rule ref(s) Current Rule reference/Proposed change Reason for change
Proposal number 17
9.1(2) Part 2, Definitions
Expand definition of immigrant's vehicle to all classes of vehicle.
This proposed change would allow vehicles that do not comply with New Zealand vehicle exhaust emissions standards, but that meet the criteria to be categorised as an immigrant's vehicle, to be certified for use on the road. Currently, the vehicle importer must apply for an exemption from the Rule.

The change would mostly affect people returning from Australia who want to either bring in a work vehicle or people who, for example, use a Class NA vehicle as a Class MC vehicle, such as a double-cab ute.
Proposal number 18
9.1(3) Include provisions providing for a regime under the Rule for processing applications for and identifying immigrant's vehicles. The proposed change will duplicate provisions in the Frontal Impact Rule for immigrant's vehicles.
Proposal number 19
9.1(4) and 9.1(5) Part 3, Schedules 1 and 4
Insert the vehicle emissions standard Euro 5 into the tables in Schedule 1 of the Rule and into Part 2, Definitions and amend the definition of immigrant's vehicle and special interest vehicle.
This proposed change was highlighted in the Preamble to the 2007 Vehicle Exhaust Emissions Rule. The equivalent Australian standard, ADR 80⁄03, is in the Rule.

Vehicle Standards Compliance Rule 2002

Section 10 of Omnibus Amendment Rule 2009

OA Rule ref(s) Current Rule reference/Proposed change Reason for change
Proposal number 20
10.1(2) and 10.1(3) 10.7 and 11.3
Insert the words "records of determination" into the heading.
The change will align the heading with the provisions beneath it.
Proposal number 21
10.1(4) Part 2, Definitions - Table A
Amend the definition of a Class AB vehicle (ie, a power-assisted pedal cycle) by substituting 300 W, as the maximum wattage, for the existing 200 W limit.
The proposed amendment would correct an anomaly, which is a source of confusion for the public and the industry, by aligning the definition of a Class AB vehicle in the Rule with that in the Road User Rule 2004, (as amended in 2005), and a Gazette notice of 2 February 2006.

Consequential amendments to Definitions

Schedule of Omnibus Amendment Rule 2009

OA Rule ref(s) Current Rule reference/Proposed change Reason for change
Proposal number 22
Schedule Part 2, Definitions — Table - Vehicle classes
Amend the definition of a Class AB vehicle (ie, a power-assisted pedal cycle) in all relevant Land Transport Rules.

This proposed amendment is consequent on the proposed change to the definition of a Class AB vehicle in the Vehicle Standards Compliance Rule.

Last updated: 29 October 2008