Part 3: Terms and conditions that the secretary may apply
Terms and conditions of approval
The following provisions are indicative of the terms and conditions that are likely to accompany the Secretary's approval for an electronic distance recorder. The wording of the actual terms and conditions may differ slightly and the Secretary reserves the right to impose provisions in addition to those outlined below.
Company requirements
The approval will be given only to a registered New Zealand company with at least one company director residing in New Zealand.
Term of approval
The approval is granted for a term of three years.
No later than three months before the expiry of this term you may apply to the Secretary in writing for a re-approval. The Secretary will review your performance under the approval and, if satisfied, he /she may agree to grant a re-approval for a term of three years. The term of a re-approval will begin immediately following the Secretary's consent.
Further re-approvals may be possible and will follow the same process.
Cost of compliance
You are responsible for, and must bear all costs of, complying with your obligations under the approval.
Approval given for specific device
You must specify the make and model of the electronic distance recorder which is the subject of the approval.
The approval is granted for a specific make and model only. Should you change the parameters of the electronic distance recorder (or any associated software) in a way that adversely or materially affects its functionality it is deemed to be a new model and the existing approval will no longer apply.
Change management
In the event of any changes to your information-system that may affect the back-end interface with either the transport operator, the electronic distance recorder or other authorised remote users, you agree to:
- maintain a change management register that records the reason for the change, relevant application/s, testing conducted, date and time implemented, version number, NZTA notification and impact of every change. The change register must be in a format approved by the NZTA authorised representative and made available to the NZTA authorised representative on request
- advise the NZTA authorised representative at least seven days in advance of any firmware or software upgrade unless the nominated NZTA representativespecifically authorises an urgent upgrade. The advice must include the reason, date, time, version number and impact of every upgrade
- advise the NZTA authorised representative within in one working day if any implemented change impacts on your information-system in any way that was not anticipated
- accept liability for the cost (if any) of any changes to your information-system necessary to conform to revised interface specifications required by the NZTA or other providers of services interfacing with your information-system.
The NZTA reserves the right to require system testing at your expense if, in the opinion of the NZTA authorised representative, any upgrade to any part of your information-system could affect the security or accuracy of data, data transmission, or the security or accuracy of the data capture device or any associated display or payment. It is noted that communications firmware upgrades are highly unlikely to have such an effect.
Business process audits
You agree to permit the NZTA authorised representative at any time to audit, observe, test or inspect:
- the equipment, any part of your information-system, and the location or any site at which any activity or work is carried out for you or on your behalf
- your records, including business process documentation, exception logs and any other information relating to the functions carried out under this approval and the applicable law.
Conditions relating to the fitting of electronic distance recorders to vehicles
Only you, or an installer authorised by you, shall fit an electronic distance recorder to a vehicle. This must be carried out in accordance with your fitting and testing specifications and records must be kept to confirm compliance for each vehicle installation. These records must be available to the NZTA authorised representative on request.
Conditions relating to the repair or modification of electronic distance recorders fitted to vehicles
Only you, or a repairer authorised by you, shall repair or modify or attempt to repair or modify in any way, any part of an electronic distance recorder. This must be carried out in accordance with your repair specifications, and relevant records (including exception records) must be completed.
Customer relations
You must provide support to your customers in respect of faulty or damaged distance recorders.
In the event that you discontinue the provision of RUC services to a customer, you must notify the NZTA authorised representative (under protocols agreed with the NZTA authorised representative), that the customer is no longer using your RUC services.
You must have a discontinuation protocol, approved by the NZTA authorised representative, which ensures:
- that the customer is not prevented from complying with their obligations under the Act by any action which you take
- that the electronic distance recorder continues to record distance and location and display the distance recorded, as well as transmitting that data to your back-end, until such time as it is removed from the vehicle/s, or until you are advised by the NZTA authorised representative that you may discontinue this function
- you must deliver to the customer copies of all information you hold on their behalf specific to the provision of RUC services, including distance recording.
Devices to have a brand name
Your electronic distance recorder must carry a brand name and model number. This must be visible from outside the vehicle.
Systematic exception reporting
You must maintain an exception reporting system that includes a log of every exception report, the investigation and authenticated responses from transport operators.
You must report to the NZTA authorised representative any exception that carries the risk of loss of revenue to the Crown (such as suspicious or systematic exceptions) along with any associated authenticated responses from transport operators.
In the event that you report a suspicious or systematic exception you will grant the NZTA access to all records you hold relating to the event.
Management of data and records
Your back-end systems must provide storage of all data relating to the provision of RUC services for a minimum of seven years. If your approval lapses you must deliver to the customer copies of all information you hold on their behalf specific to the provision of RUC services, including distance recording.
Access to aggregate information
You agree, upon request, to provide the Ministry or the NZTA, at reasonable cost, in a format specified by the Ministry or the NZTA anonymous aggregate traffic or transport information from your clients for the Ministry and /or the NZTA to use, copy, modify, store and disclose as they see fit.
Termination of approval
If your authorisation under section 10(3)(b) of the Act to issue RUC licences (contained in the service delivery agreement) is terminated, the Secretary's approval of an electronic distance recorder under regulation 6A of the Regulations will also be terminated with immediate effect.
Variation or revocation of approval
The approval (including these terms and conditions) may be varied by the Secretary by notice in writing, in the event that:
- there is a change in applicable law
- you alter the parameters of the electronic distance recorder (or any associated software) in a way that provides minor enhancements to its functionality
- in any other circumstances that the Secretary considers appropriate.
The approval may be revoked by the Secretary, by notice in writing, in the event that:
- you alter the parameters of the electronic distance recorder (or any associated software) in a way that adversely or materially affects its functionality
- there is a serious breach of, or non-compliance with, the terms and conditions of an approval
- the Secretary becomes aware of a defect with the electronic distance recorder or supporting systems which he/she reasonably believes presents a risk to Crown revenue.
You remain responsible for advising your customers of any material variation or revocation of your approval.
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