Land Transport Rules - Questions & answers

Steering Systems Amendment 2010

1. What Rule is being amended?

This amendment Rule will make changes to Land Transport Rule: Steering Systems 2001. This Rule sets out safety requirements and standards covering the design, construction and maintenance of steering systems in motor vehicles.

2. When will the amendment Rule come into force?

The amendment Rule (and all its provisions) will come into force on 1 April 2010. Until that date the existing requirements in the Land Transport Rule: Steering Systems 2001 will continue to apply, and the current provisions for the importation of Left-Hand Drive vehicles will remain in effect.

3. Why is this Rule being amended?

The purpose of the amendment is to revise the current requirements relating to the certification and use on the road of left-hand drive (LHD) vehicles that are imported into New Zealand.

The amendment Rule aims to provide for a more efficient and effective LHD regime that is:

• free of anomalies and unnecessary requirements;
• not open to abuse; and
• enforceable and safe.

4. Why is an amendment needed?

Vehicles in New Zealand are driven on the left-hand-side of the road. Regulation 70 of the Traffic Regulations 1976 requires that the steering column of a vehicle must be on the right-hand side of the vehicle. This regulation will shortly be revoked and it is intended that the right-hand drive steering requirement be maintained by including a restriction on certification of LHD vehicles in the Rule.

Although right-hand drive (RHD) vehicles are the norm, some LHD vehicles are exempted from this requirement and are allowed to be operated in New Zealand without having to be converted to RHD.

The Rule will allow all LHD vehicles that are currently registered in New Zealand to continue to be registered after 1 April 2010, so as not to disadvantage any current owners of such vehicles.

In addition, the Rule will provide a number of categories of LHD vehicles that will be allowed to be certified and operated in New Zealand. These categories are similar to the exemptions that are allowed under the current regime but have been revised to provide a more efficient and effective regime.

Until now, LHD vehicles have been allowed to be registered for use on New Zealand roads if they fall into one of the following categories:

• light vehicles (of not more than 3500 kg gross vehicle mass (GVM)) less than 20 years old for the personal use of the importer, provided that the importer has owned and operated the vehicle overseas for at least 90 days;
• light vehicles 20 years old or more;
• motor vehicles with dual steering controls;
• other specialist vehicles such a mobile cranes and hearses;
• vehicles operated by diplomats and by ‘Operation Deep Freeze’ personnel;
• vehicles previously exempted from the legislation prior to the coming into force of the 1998 Gazette notice (1 April 1998);
• vehicles exempt from registration and licensing.

Left-hand-drive vehicle enthusiasts suggested that the previous regime was unfair and prevented a variety of classic and collectable vehicles from being imported into New Zealand, largely due to onerous overseas ownership requirements.

5. Why is the entry of LHD vehicles into New Zealand restricted?

Operating a LHD vehicle in a country where traffic drives on the left-hand side of the road is inherently less safe than operating a RHD vehicle. For this reason, there have always been restrictions around the importation of LHD vehicles. What this amendment will do is help ensure that the system around the importation of these vehicles is much better aligned with the needs of LHD vehicle enthusiasts while still retaining an acceptable level of safety.

6. What are the safety implications of driving LHD vehicles in a RHD environment?

The main risk to safety from operating a LHD vehicle in a RHD environment arises from the driver being seated near the side of the road, rather than the centre of the road. This limits the driver's view of other traffic on the road, particularly oncoming vehicles and those positioned to the right of the vehicle. Although this risk is lower in urban areas and divided highways, it's particularly high when overtaking.

In New Zealand, the numbers of LHD vehicles are currently very small in comparison to the size of the fleet and there is no evidence that LHD vehicles are over-represented in New Zealand crash statistics.

7. How will the amendment Rule impact on importers of light LHD vehicles less than 20 years old?

Currently, the registration of a light LHD vehicle is subject to the importer:

• importing the vehicle for their own personal use;
• registering only one such vehicle in a five-year period;
• registering the vehicle in their name for at least five years after its first registration;
• registering, owning and operating the vehicle outside New Zealand for 90 days or more prior to importation.

These requirements were originally intended to provide for ‘baggage vehicles’ (the term applied colloquially to vehicles brought into New Zealand by immigrants or returning New Zealand citizens). Because this is the only legal method of registering a modern LHD vehicle in New Zealand, it has been criticised for being inappropriate for importing modern collectable or special interest vehicles. The requirement to own and operate a vehicle overseas for at least 90 days prior to importation has been criticised as being impractical for New Zealand-based importers – both private importers and those who wish to import special interest vehicles on a commercial basis.

Similarly, the restriction on registering only one such vehicle in a five-year period has also been criticised by classic car collectors, who maintain that this is an unreasonable restriction given the way that collectable and classic vehicles are typically used.

The amendment Rule will replace the ‘90-day-prior-to-importation’ ownership requirement with a regime that restricts LHD vehicle imports to vehicles that have been identified as special interest vehicles. There will no longer be a requirement for the importer to have owned and operated the vehicle overseas prior to importing it. These vehicles will be issued with a ‘left-hand drive permit’ if they meet the conditions set out in the amendment Rule. The Rule provides for a quota of 500 left-hand drive permits issued in any calendar year, which is expected to be sufficient to accommodate demand.

8. What does the Rule mean for other ‘baggage’ LHD vehicles?

The amendment Rule does not contain provisions that allow someone immigrating to New Zealand to automatically bring their LHD vehicle with them. There is a ready supply of right-hand drive vehicles of all types in New Zealand and these are well priced. It is seldom economically viable to import a vehicle to New Zealand because of this. However, if an immigrant owns a special interest left-hand drive vehicle, there is no reason why this could not be imported under the new Rule.

9. How does an owner of a ‘special interest vehicle’ go about applying for a LHD permit and is there a fee?

They will need to apply to an entry certifier to obtain such a permit. The file will then be referred to the NZTA, who will make an assessment and decision. A fee of $150 is payable to the NZTA for the issuing of a Special Interest Vehicle permit.

10. How will the amendment Rule impact on older light LHD vehicles?

The amendment will remove current ownership requirements for light LHD vehicles that are 20 years old or more.

Previously, these vehicles could be registered by a New Zealand citizen or resident if the vehicle:

• is imported for the importer's own personal use;
• was manufactured 20 years or more before the date it was imported; and
• is the only LHD vehicle of this type registered by the importer within a 12-month period.

These requirements were introduced to allow a limited number of vintage and classic LHD vehicles to enter the fleet without the risk of the provisions being exploited for commercial gain.

The amendment will:

• remove the limit on the number of LHD vehicles of this type that can be imported within a 12-month period; and
• substitute the current requirement that a vehicle must be imported for the importer's own personal use with a requirement that the vehicle not be used in a transport service.

11. How does the amendment Rule impact on specialist LHD vehicles?

Previously, ‘specialist’ LHD vehicles could enter the New Zealand fleet if they were used for a purpose which required LHD control for operational or safety purposes – or when a RHD vehicle was not available (due to a very limited market or supply). Such vehicles include:

• mobile cranes;
• vehicles equipped as hearses;
• earthmoving machines;
• agricultural tractors or self-propelled agricultural harvesting machines;
• vehicles operating wholly or partly on self-laying tracks;
• any other specialist vehicle confirmed by the [Director of Land Transport] as having special characteristics, or equipped for special operational purposes so that conversion to RHD is impractical.

These vehicles may still be imported under the amended Rule, although imports of LHD hearses will be restricted to purpose-built hearses (ie, vehicles identified by the manufacturer as hearses).

12. How does the amendment Rule impact on LHD vehicles operated by diplomats?

Previously, anyone entitled to immunity from jurisdiction by, or under, the Diplomatic Privileges and Immunities Act 1968 and the Consular Privileges and Immunities Act 1971, could import and register a LHD vehicle.

Under the amendment Rule, this concession will remain in effect.

13. How does the amendment Rule impact on LHD vehicles operated by staff of Operation Deep Freeze?

Staff engaged in ‘Operation Deep Freeze’ (the United States mission to Antarctica, based in Christchurch) are also able to import and register a LHD vehicle for use on New Zealand roads. However, this concession will be removed, meaning that Operation Deep Freeze staff wishing to import and register LHD vehicles will be treated the same as everyone else.

This is because there is little evidence that this concession is being used at present. Only one LHD vehicle that was imported under the current exemption for Diplomatic and Operation Deep Freeze staff is presently registered in New Zealand. The best option for staff if they want to use LHD vehicles is to bring them in under temporary import provisions. This allows LHD vehicles to be used here for a 12-month period while retaining their United States registration.

14. How does the amendment Rule impact on LHD motorcycles with side cars?

The amendment Rule will allow motorcycles with side-cars to have the side-car fitted to the right-hand side of the motorcycle.

15. How does the amendment Rule impact on other LHD vehicles?

The amended rule allows for LHD vehicles that are currently correctly registered in New Zealand to continue to operate as before. It also permits the following categories of LHD vehicles to continue to be imported and registered:

• any vehicle that is exempt from registration requirements in accordance with regulation 3 of the Transport (Vehicle Registration and Licensing) Regulations 1994; and
• vehicles purchased from the Crown by the owner (or a previous owner).

The amended rule also adds a new exception category for LHD vehicles used in authorised motorsport events.

16. 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 that govern the safety and licensing of vehicles.

Section 155 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.

17. How will the NZ Transport Agency make sure people know their responsibilities under the amendment Rules?

To raise awareness of this law change, information for affected stakeholders and industry groups will be distributed when the amendment Rule is signed.

18. How can I obtain a copy of the amendment Rule?

A copy of the amendment Rule will be available for purchase from selected bookshops that sell legislation or direct from Wickliffe Limited, telephone (06) 358 8231.

19. How can I obtain further information about the amendment Rule?

Further information about the amendment Rule may be obtained by calling the NZ Transport Agency's Contact Centre on Freephone 0800 699 000.

Page created: 24 February 2010