What is the Land Transport Rule: Omnibus Amendment 2009?
Land Transport Rule: Omnibus Amendment 2009 (the draft Rule) is a draft Land Transport Rule that contains proposals to change requirements in a number of existing Land Transport Rules.
What is the legal basis for the draft Rule?
The Land Transport Act 1998 allows the Minister of Transport to make Land Transport Rules. Rules are drafted in plain English and go through an extensive consultation process with interested groups and the public. This is to ensure that they are easily understood and are widely complied with. Rules are generally prepared by the NZ Transport Agency under contract to the Ministry of Transport and, like regulations, have the force of law.
Why is the draft Rule being proposed?
This draft Rule provides a means of making relatively minor changes to Rules, which are necessary for a variety of reasons. These include:
- clarifying current requirements to assist understanding and enforcement;
- providing for compliance with alternative vehicle standards for some vehicles;
- addressing safety concerns;
- amending requirements to accord with current industry needs or practices;
- making requirements more flexible or removing unnecessary restrictions (without diminishing safety standards);
- making consequential changes as a result of changes to other legislation and Rules; and
- correcting minor errors and anomalies.
Which Rules are being amended?
Amendments are proposed to the following Land Transport Rules:
- Land Transport (Driver Licensing) Rule 1999;
- Land Transport Rule: Frontal Impact 2001;
- Land Transport Rule: Operator Licensing 2007;
- Land Transport Rule: Operator Safety Rating 2008;
- Land Transport Rule: Passenger Service Vehicles 1999;
- Land Transport Rule: Vehicle Dimensions and Mass 2002;
- Land Transport Rule: Vehicle Equipment 2004;
- Land Transport Rule: Vehicle Exhaust Emissions 2007;
- Land Transport Rule: Vehicle Standards Compliance 2002.
Why are the proposed changes in one Rule rather than in separate amendment Rules?
The draft Rule brings together in one Rule proposed amendments to be made to nine Land Transport Rules. It will be more efficient to consult on the proposed amendments in this way, rather than by producing separate amendment Rules. Following consultation, the provisions in the draft Omnibus Amendment Rule will be split into separate amendment Rules for signature and publication.
Will the public be consulted on the proposed amendments?
The NZ Transport Agency has sent a letter to, or has emailed, approximately 1700 groups and individuals who have registered an interest in Rules seeking comments on the proposed amendments. The NZ Transport Agency has also published notices in the metropolitan and in selected regional newspapers and in the New Zealand Gazette advising that the draft Rule is available for comment.
Where can I get details of the proposals in the draft Rule?
A summary of the amendment proposals, together with the draft Rule, a submission form and these Questions and Answers are available on the NZ Transport Agency website at: www.nzta.govt.nz/consultation/omnibus-amendment-2009.
A printed copy of the amendment proposals summary and the draft Rule may be obtained by calling the NZ Transport Agency Contact Centre on Freephone 0800 699 000.
Does the draft Rule give me all the information I need to fully understand what is proposed?
Because this is an amendment Rule, the draft Rule contains only the proposed amendments. The amendment proposals summary provides information about why the amendments are required.
How can I see how the proposed amendments will fit into the Rules to be amended?
The material on the website links the proposals in the draft Rule to the specific Land Transport Rules the draft Rule will amend. This is intended to help put the proposed changes into context.
Where can I get copies of the Land Transport Rules that the draft Rule is going to amend?
Final Land Transport Rules can be found here. Printed (bound) copies of most Land Transport Rules can be purchased from selected bookshops throughout New Zealand that sell legislation, or from the Rule printers and distributors, Wickliffe Ltd, telephone (06) 358 8231. Rules may also be inspected at NZ Transport Agency regional offices.
Land Transport (Driver Licensing) Rule 1999 (which was developed by the former Land Transport NZ but was drafted by the Parliamentary Counsel Office) is available from bookshops that sell legislation or direct from Legislation Direct (telephone (04) 568 0005).
Will I have the opportunity to comment on proposals in the draft Rule?
Yes. All draft Rules go through an extensive consultation process, which allows interested groups and individuals to comment on what is being proposed. You may send in a submission on any of the proposals contained in this draft Rule. These will be taken into consideration before the amendments are finalised.
What is the closing date for submissions?
Submissions must be received by the NZ Transport Agency by 5pm on 11 December 2009.
