Matters the Minister must have regard to when making Rules

The Act sets out the matters the Minister must have regard to when making a Rule (in section 164(2)).  In summary, these are:

• Nature of the proposed activity or service for which the Rule is being established
• Risks to land transport safety:
  • The level of risk to land transport safety in each proposed activity or service
  • The level of risk existing to land transport safety in general in New Zealand
  • The need to maintain and improve land transport safety and security
• Appropriate management of infrastructure
• Assisting achievement of strategic objectives for transport - whether a proposed Rule:
  • Assists economic development
  • Improves access and mobility
  • Protects and promotes public health
  • Ensures environmental sustainability

• Costs of implementing the proposed changes
• International considerations: New Zealand’s international obligations concerning land transport safety, and the international circumstances in respect of land transport safety.

Having regard to those matters for the Land Transport (Driver Licensing) (Covid-19-Temporary Extension of Deemed Licences) Amendment Rule 2020 (the proposed Rule)

Proposed activity or service

The proposed Rule will extend the period of eligibility for overseas licence holders to drive in New Zealand. Under normal circumstances, overseas licence holders who enter New Zealand on a temporary visa have been able to utilise the ability to ‘reset’ the 12-month period

Risks to land transport safety

The proposed Rule would not present a risk to road safety, as affected individuals have previously been able to reset the 12-month window through travelling overseas and returning to New Zealand. Crash analysis statistics held by Waka Kotahi show that overseas drivers represent a small portion of overall crash data, being at fault in 4% of all crashes. This has remained consistent over the past decade, despite international visitor numbers increasing by 45% over the same time frame.

Assisting achievement of strategic objectives for transport

Assists economic development

The proposed Rule continues to facilitate overseas licence holders being eligible to drive in New Zealand. Waka Kotahi has previously heard concerns from industry representatives that a number of foreign workers would become ineligible to drive and unable to travel to or from work. Without government intervention, businesses may cease to operate, these drivers may lose their employment and be unable to access essential services, further exacerbating the economic impact of COVID-19. This also acknowledges that a majority of these workplaces are located rurally, with little access to public transport.

Improves access and mobility

The proposed Rule extends the period of eligibility for overseas licence holders to drive in New Zealand. This will enable continued access to the system and travel throughout New Zealand.

Protects and promotes public health

The proposed Rule has little to no impact on the maintenance of road safety in New Zealand. Overseas licence holders will be encouraged to convert to a New Zealand driver licence if they wish to remain in the country and be able to drive, further contributing to ensuring a robust and consistent licensing system.

Ensures environmental sustainability

The proposed amendment is neutral in terms of environmental sustainability.

Costs of implementing the proposed changes

This extension may affect overseas licence conversion revenue that would otherwise have been collected by Waka Kotahi. There is difficulty in assessing the cost impact as an indeterminate quantity of overseas licence holders may have utilised the ability to reset the 12-month period of eligibility through overseas travel.

International considerations

The Rule is consistent with New Zealand’s international obligations in respect of land transport.