Questions and answers
What are Land Transport Rules?
Rules are ‘second tier’ legislation (similar to regulations) that are written in plain language 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 made in respect of a wide range of matters covered by the New Zealand Transport Strategy. These include safeguarding and improving land transport safety and security, improving access and mobility, assisting economic development, protecting and promoting public health and helping to ensure environmental sustainability. Most Rules are drafted by the NZTA under contract to the Ministry of Transport.
What are the changes proposed in the amendment Rule?
The draft Rule proposes amendments to Land Transport Rule: Tyres and Wheels 2001 (the Tyres and Wheels Rule). The Tyres and Wheels Rule sets out safety requirements and approved vehicle standards for tyres and wheels, and their assembly with hubs and axles, for motor vehicles and pedal cycles operating on New Zealand roads.
This fifth amendment of the Rule will make four proposed changes to the Rule. These are:
- inclusion of winter tyre requirements;
- inclusion of inspection requirements for visible cords in the tread area of heavy vehicle tyres;
- removal of the requirement for the sum of the load ratings of the tyres fitted to an axle of a vehicle to equal the maximum load specified on the Certificate of Loading (CoL) for the vehicle; and
- removal of the requirement for space-save tyre labels to be approved.
What are the changes that are being proposed to winter tyre requirements?
In recent years, four fatal crashes have occurred in which the mixing of winter tyres (commonly known as ‘snow tyres’) with other tyre types, was identified as a contributing factor.
Subsequent testing of winter tyres at an Australian testing facility has lead to this proposal to prohibit the mixing of winter tyres with other tyre types (summer/all season tyres) on light passenger and goods vehicles. Different levels of grip between front and back tyres as a result of mixing tyre types can make a vehicle unbalanced and difficult to control in an emergency or during hard braking.
What is a winter tyre?
A winter tyre is a tyre designed principally for operation at temperatures below seven degrees Celsius. The sidewall of a winter tyre would normally be marked with a symbol of a snowflake and a mountain. Winter tyres should not be confused with the broader category of all-season ‘mud and snow’ tyres which are commonly fitted to 4WD vehicles. For more information on winter tyres, see www.nzta.govt.nz/vehicle/choosing/basics.html#winter
In order to reduce the risk of motor vehicle crashes arising from the use of winter tyres, it is proposed that if a vehicle of Class MA, MB, MC, MD1, MD2 or NA (as defined in Table A in Part 2 of the Rule) is fitted with winter tyres, those tyres must be fitted to all road wheels of the vehicle.
Why are changes being proposed to inspection requirements for visible cords in the tread area of heavy vehicle tyres?
Radial-ply, heavy-vehicle tyres are manufactured with a reinforcing belt embedded close to the tyre tread to protect the inner construction of the tyre from stones. Stones entering the tyre tread area can expose the cords of the reinforcing belt. Although this does not necessarily compromise the safety of the tyre, and, consequently, the vehicle, it is a reason for rejecting the vehicle at Certificate of Fitness (CoF) inspection.
Vehicle inspectors may not have sufficient experience to determine whether or not the safety of a radial-ply, heavy vehicle tyre has been compromised by the presence of visible cords in the tread area. They would, therefore, benefit from specialist tyre knowledge and experience such as that of a tyre industry 'tyre fleet serviceperson'. These specialists make similar safety decisions every day, for example, deciding whether or not a tyre is suitable for retreading. Giving vehicle inspectors discretion to allow such tyres and permitting them to take specialist advice into consideration could avoid the cost of safe tyres being unnecessarily rejected.
It is proposed to amend clause 2.3 of the Rule to allow a vehicle inspector to take into account a written statement from a tyre fleet serviceperson verifying the safety of a radial-ply heavy vehicle tyre with exposed cords in the tread area.
Why is it proposed to change the tyre load ratings requirement?
Many vehicles operate significantly below the maximum allowable loads specified on their Certificate of Loading (CoL), for various reasons related to the particular usage of the vehicle concerned. Medium/large motor-homes are an example of this practice as they always operate significantly below their maximum allowable load. It is an unnecessary cost to have the vehicle fitted with tyres of greater capacity than is required for the job. This change is of particular interest to the light goods vehicle industry as they will now have more flexibility regarding the types of tyre that can be fitted to their vehicles – depending on the purpose for which those vehicles are used.
Tyre-loading safety is enforced by the Police at the roadside so there would be no adverse safety implications arising from changing this requirement.
It is proposed to remove the requirement for the sum of the load ratings of the tyres fitted to an axle of a vehicle to equal the maximum load specified on the CoL for the vehicle.
Why is it proposed to change the space-saver tyre labels requirement?
When space-saver tyres first entered the New Zealand market in significant numbers, many people were wary of them and others rejected them outright. These reactions stemmed from a lack of understanding of the tyres’ purpose and use. This response to the introduction of space-saver tyres was reinforced by two high profile crashes that were attributed to the misuse of this type of tyre. This led to an undue concern in New Zealand about the safety of these tyres that was not evident anywhere else in the world.
Space-savers tyres are now more accepted by the average motorist who better understands the correct way of using them. There have been no reported incidents involving space-saver tyres in more than seven years. To reduce overall compliance costs, it is proposed to remove the requirement for the space-saver labels to be approved by the NZTA.
The other label requirements would remain and would continue to be enforced at entry inspection.
Will the proposed changes result in increased compliance costs?
The amendment Rule proposals are not expected to produce any additional compliance costs. On the contrary, the proposed removal of the requirement for space-saver tyres label to be approved by the NZTA would reduce the overall costs of complying with the Tyres and Wheels Rule. Likewise, the proposals relating to inspection requirements for heavy vehicle tyres would also produced costs savings if the vehicle’s tyres are verified by a tyre specialist as being safe and do not have to be replaced.
When is the amendment Rule expected to come into force?
It is expected that the amendment Rule will come into force in late 2009.
What are the penalties for non-compliance?
There are significant penalties for non-compliance as set out in the Land Transport (Offences and Penalties) Regulations 1999. Maximum infringement fees (instant fines) of $2,000 apply to individuals and $10,000 for companies. More serious offences may result in court action with maximum penalties of $10,000 for an individual and $50,000 for a company. No changes to penalties are proposed as a result of the amendment Rule.
What is the statutory basis for the amendment Rule?
The Land Transport Act 1998 (the Act) provides for the Minister of Transport to make land transport rules.
Section 155(a) and (b) of the Act states that Rules may set out standards and requirements concerning vehicles, including their construction, repair, maintenance, modification, and requirements concerning systems, components, devices, fittings, or equipment to be incorporated in the construction of, fitted to, or carried in or on motor vehicles, or to be used by the driver or any other person.
Consultation details
What is the consultation process around the amendment Rule?
The public consultation (yellow) draft Rule is being released for public comment. The availability of the draft Rule and associated information material will be advertised in major daily newspapers. Groups and individuals who have registered their interest in this Rule will be advised of the availability of the yellow draft and invited to make a submission.
How can I obtain a copy of the draft amendment Rule?
Copies of the draft amendment Rule may be obtained by telephoning the NZTA Contact Centre on 0800 699 000. It is also available with the accompanying overview on the NZ Transport Agency website consultation section.
Does the draft amendment Rule give me all the information I need to fully understand what is proposed?
Because this is an amendment Rule, it contains only the proposed amendment provisions. If you do not have a copy of the Tyres and Wheels Rule, see the Q&A below on how to get copies of Rules. The accompanying overview provides further information about amendments and the submission process.
Where can I get copies of Land Transport Rules?
Final published Land Transport Rules can be purchased from selected bookshops throughout New Zealand that sell legislation. Queries about the availability and prices of Rules can be made to the Rule printers and distributors, Wickliffe Ltd, telephone (06) 358 8231. Rules may be inspected at NZ Transport Agency regional offices. Final Rules are also available on the website in the Resource & Manual section.
When do I need to have my submission in by?
Submissions close on 9 April 2009.
What will happen to my comments?
Comments made in submissions will be analysed and taken into account in redrafting the Rule for the final draft phase. The final version of the Rule will go to Cabinet for noting and will then be signed by the Minister.
Where can interested parties get more information?
Further information about the proposed amendments is available from the NZ Transport Agency Contact Centre, freephone 0800 699 000.
Last updated: 27 February 2009
