1. 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. Most Rules are drafted by the NZ Transport Agency under contract to the Ministry of Transport.
2. What is in the Work Time and Logbooks Rule?
Primary legislation (the Land Transport Act 1998) (the Act) limits the number of hours that can be worked by drivers of heavy vehicles and some commercial light vehicles (such as taxis). Land Transport Rule: Work Time and Logbooks 2007 (the Rule) provides additional detail about how the Act applies; for example, it sets the form of the logbooks that many drivers have to maintain.
3. Who is subject to work time limits?
The Act sets work time limits for drivers of:
- vehicles that require a Class 2, 3, 4 or 5 licence; or
- vehicles that are, or ought to, be operated under a transport service (other than a rental service); or
- vehicles used to carry goods for hire or reward.
4. Why is this amendment Rule being proposed?
The Rule was introduced in October 2007 and marked a new approach compared with the previous legislation that governed "driving hours" (the Transport Act 1962). Some concerns and issues raised subsequently by industry groups and the New Zealand Police were not apparent when the Rule was first drafted, and were not highlighted in submissions on the Rule. The amendment Rule focuses on addressing these concerns and proposes changes to the way in which variations of work time requirements are dealt with in particular situations.
What changes are being proposed?
Provisions related to emergency service and essential services' drivers
5. What's the difference between emergency services and essential services?
An emergency service is defined in the Rule as including Police, fire brigades, and ambulance services. An emergency service driver is allowed to extend his or her work time hours to attend a "priority call" – where there’s an immediate risk to someone’s life or health.
Essential services include companies that supply power, water and gas or are involved in restoring access after a road closure. They are permitted to extend their hours, under defined conditions, in order to restore service or clear access.
6. Emergency services rest breaks – what’s changing?
The Rule already makes it clear that when a "priority call" extends beyond the prescribed limit for work time in that day, a 10-hour continuous period of rest time must then be provided before a driver undertakes further work governed by work time requirements.
However, the Rule does not specify what should happen when a driver is not able to take a rest break of at least 30 minutes, before the 5½-hour limit for continuous work time is reached, because they have been required to attend a priority call. The amendment would make it clear that the deferred rest break must be taken as soon as is practicable after the priority call is completed.
7. Why add persons controlling traffic or providing hazard warning to the essential services variation?
When road access is cut (for example, by flooding) the role of people controlling traffic or providing hazard warning is to ensure the safety of crew working to restore access and of any motorists who arrive at the scene. The amendment also makes it clear that "restoring" access (eg. clearing a slip) is covered by the variation, rather than focussing, as at present, on "repair" work. If drivers involved in restoring access are already covered by this variation, it seems sensible to also include staff working alongside them in a safety role.
8. Why emphasise "risk to persons" as well as to property?
The Rule currently allows a variation to working hours for a person involved in "emergency works" where a risk to property exists. This excludes some possible situations where "personal risk" applies. The variation would still require the "emergency works" to be directed by a local authority or the Police.
9. What about drivers called out by the Police to assist with clearing a crash site?
Mobile crane operators have advised the NZTA that they (and others, such as those operating vehicle recovery services) are occasionally called out by the Police for road clearance after hours. In doing so, however, they could potentially be charged with a breach of the driving hour requirements because they are not covered by a work time variation. They can’t be described as "under contract" to the Police, so the proposed amendment focuses on allowing people who are called out in this way to extend their hours.
Extending the criteria for who may apply for a work time variation
10. Why allow people who are not transport operators to apply for a variation?
The current restriction to transport service operators excludes couriers and others who are subject to work time requirements but who are not operators. The NZTA has also been asked how the organisers of an event (such as charity truck parade) can apply for a one-off variation of the 24-hour break requirement.
Clarifying the system for showing days, during which no driving occurs, in a logbook
11. What happens when logbooks cover days in which no driving is undertaken?
Some people are not driving vehicles subject to work time limits and/or logbooks full time but undertake a range of other duties during a cumulative work period. The Rule requires that, when driving that is subject to logbook use is commenced part-way through a cumulative work period, a record of the days back to the last 24-hour break must also be completed. This proposed change would allow less detail to be recorded in the logbook record on "non-driving days". It would not, however, permit gaps in the record across a cumulative work period.
Extending the logbook exemption to cover all tractors
12. Why extend the logbook exemption for tractors for people other than farmers?
The Rule currently exempts (subject to conditions) tractors and similar vehicles owned or operated by farmers from the requirement to complete a logbook. However, it does not exempt the same types of vehicle when operated by agricultural contractors. There is also the practical difficulty that many agricultural contractors are also farm owners. Both types of vehicle are generally driven only short distances and at low speeds.
Changing the definition of priority call
13. Why change the definition of 'priority call'?
Some 'time-critical' responses to calls for ambulance services sit on the boundary between tasks that can be described as a "priority call" and those that would not currently meet the criteria in the Rule. Ambulance service representatives have asked that a broader definition be proposed, to allow for situations where patient care requires transfer from one facility to another in a time-critical manner, even if there is no "imminent" risk to life.
Improving the logbook form
14. What’s changing in the form of the logbook?
When the Rule was drafted it included, as part of the logbook form, a reference to a "book code" (distinguishing each logbook) that had letters not numbers. Printers commented on the draft form, but no-one raised concerns about the book code until the first requests for approving logbook formats came in. It then became clear that printers had systems that could place a sequential number on each logbook, but would have to invest in new machinery to have a letter-based code. Logbook suppliers noted that the change to an all-letter requirement would lead to a significant increase in logbook prices, because of the need to purchase the new machinery to meet the requirement. Approved forms to date have allowed printers to use a number code – the Rule now needs to reflect the accepted (and sensible) practice.
The proposed amendment would allow the "book code" (which distinguishes one logbook from all others) to be a number sequence. There is no tangible safety benefit from imposing this change.
A small change in the explanatory text is also proposed – the use of the term "in any 24-hours" as part of the advisory text was not in line with the way that the Rule defines a day. The replacement text would be "in any cumulative work day".
15. Does this mean that logbooks previously approved have to be replaced?
No, the Rule would specify that a logbook format already approved under this Rule continues to be valid.
General questions
16. What is the legal basis for the Rule?
The Land Transport Act 1998 allows the Minister of Transport to make Land Transport Rules. Section 158(b)(vi)(A) and (F) specifically refers to the Minister’s powers to make Rules concerning work time and logbooks.
17. Are there any new offences created by this amendment?
No additional offences or penalties will be required to give effect to the provisions of this proposed amendment Rule.
18. How do I have my say on the proposed changes?
The consultation (yellow) draft of the Rule is available on the NZTA website at www.nzta.govt.nz/consultation/work-time-and-logbooks-amendment/ or you can ring 0800 699 000 to request a printed copy. Guidance on making a submission is included in the overview to the draft Rule.
19. What’s the deadline for consultation?
Submissions should be sent to the NZTA by Friday 27 February 2009.
20. What will be done with my feedback?
Issues that are raised in submissions on the yellow draft will be analysed and taken into account in redrafting the proposed Rule.
21. What is the next stage of the process?
Following completion of the public consultation phase, the draft Rule will be submitted to the Ministry of Transport for the Government’s consideration. The final draft of the Rule will be submitted to Cabinet and then to the Minister of Transport for signing.
22. How long before we’re expected to see the proposed amendment Rule passed into law?
Subject to Government approval, the amendment Rule is expected to come into force in late 2009.
Page created: 13 January 2009
