Land Transport Rule

Operator Licensing 2017

Rule 81001

Wellington, New Zealand

PURSUANT to sections 152, 154(c) and (h), 155(e), 158(a) and (b), 159(2) and (3), and 160(4) of the Land Transport Act 1998, and after having had regard to the criteria specified in section 164(2) of that Act

I, Simon Bridges, Minister of Transport, make the following ordinary Rule:

Land Transport Rule: Operator Licensing 2017

SIGNED AT Wellington

This 21st day of August 2017

Contents

Objective of the Rule

Extent of consultation

Part 1     Rule requirements

Section 1     Application

Section 2     Transport service licence

Section 3     Additional requirements for small passenger service operators and drivers

Section 4     Additional requirements for rental services

Section 5     Additional requirements for vehicle recovery services

Section 6     Exempt services

Section 7     Transitional provisions

Part 2     Definitions

Part 3     Schedules

Objective of the Rule

Land Transport Rule: Operator Licensing 2017 (the Rule) sets out the requirements for obtaining and retaining a licence to operate a large passenger service, small passenger service, rental service, vehicle recovery service, or goods service. It also contains requirements that apply to transport service drivers and hirers of rental service vehicles.

The overall aim of the Rule is to carry forward a fair and consistent framework for the licensing of transport operators. The Rule takes into account the environment in which commercial transport services operate and the wider community’s need for mobility and access to transport services, while ensuring that transport operators provide a service that is safe and secure for their passengers and for other road users.

The Rule updates and reorganises Land Transport Rule: Operator Licensing 2007 (the 2007 Rule). The large majority of requirements in the Rule have been carried over from the 2007 Rule. The general approach taken has been to set out, in Section 2 of the Rule, the common requirements for all transport service licences, before moving to additional and more specific requirements for small passenger services, rental services, and vehicle recovery services.

The requirements for operators of large passenger services, rental services, vehicle recovery services, and goods services (and drivers and hirers of these services) are unchanged from the 2007 Rule, except that the Rule clarifies the circumstances under which a rental service operator can charge an administration fee when debiting a hirer’s credit card to cover the cost of an infringement notice.

The requirements for operators of small passenger services, and drivers of vehicles used in small passenger services, have been significantly changed. The Rule provides for a single class of small passenger service licence covering all service types. This means that the detailed requirements specified in the 2007 Rule for taxis, approved taxi organisations, shuttles, and private hire services are no longer part of the Rule. The major features of the new regime are:

All services exempted, under clause 12.1 of the 2007 Rule, from the requirements of that Rule and the Act continue to be exempted under this Rule. A new provision ensures that all cost-sharing arrangements organised by local authorities are exempt.

 

Extent of consultation

The Ministry of Transport initially consulted with stakeholders on the small passenger service regime in April 2015 and received 11 submissions. The Government then released a consultation document on small passenger services on 14 December 2015, and 76 submissions were received from 14 December 2015 until the closing date of 12 February 2016.

Consultation on the proposed Rule began with the release on 13 October 2016 of a draft of the Rule alongside a draft Land Transport Rule: Work Time and Logbooks Amendment 2017, a draft Land Transport (Driver Licensing) Amendment Rule 2017 (the yellow drafts), and explanatory material. The NZ Transport Agency sent notice of the proposed Rules and the availability of the yellow drafts by letter or email to approximately 1530 groups and individuals who had registered an interest in the Operator Licensing Rule, the Work Time and Logbooks Rule, or the Driver Licensing Rule.

The yellow drafts of these Rules were made available through the NZ Transport Agency’s Contact Centre and, together with Questions and Answers, were also available on the NZ Transport Agency’s website. The availability of the yellow drafts for comment was publicised in the daily newspapers in Auckland, Hamilton, Wellington, Christchurch and Dunedin and in the New Zealand Gazette.

Submissions closed on 18 November 2016 for the yellow drafts. These draft Rules form part of a larger reform of the small passenger service sector. This reform has also required changes to the Land Transport Act 1998 and regulations. The Land Transport Amendment Bill was referred to the Transport and Industrial Relations Committee on 15 September 2016, and invited submissions from the public until 27 October 2016. A number of the submissions on the Land Transport Amendment Bill touched upon topics covered in the Operator Licensing Rule.

Between those made directly on the yellow drafts and those made on the Land Transport Amendment Bill touching upon topics in the Operator Licensing Rule, the NZ Transport Agency considered a total of 55 submissions. Those submissions were taken into account in finalising the draft Rule.

A number of changes were made to the final draft Rule as a result of submissions received, following which it was submitted to the Minister of Transport for signing.

 

Part 1     Rule requirements

Section 1     Application

1.1     Title

This Rule is Land Transport Rule: Operator Licensing 2017.

1.2     Commencement

This Rule comes into force on 1 October 2017.

1.3     Scope of the Rule

This Rule applies to—

    • (a)   a holder of, and an applicant for—

      • (i)     a small passenger service licence:

      • (ii)    a large passenger service licence:

      • (iii)   a rental service licence:

      • (iv)   a vehicle recovery service licence:

      • (v)    a goods service licence; and

    • (b)   a driver of—
      • (i)     a vehicle used in a small passenger service that is operating or ought to be operating under a small passenger service licence:

      • (ii)    a vehicle recovery service vehicle that is operating or ought to be operating under a vehicle recovery service licence:

      • (iii)   a goods service vehicle that is operating or ought to be operating under a goods service licence; and

    • (c)   a hirer of a rental service vehicle.

1.4     Fees

A person must pay the appropriate fee or fees (if any) for any application, amendment to a land transport document, approval, or exemption in respect of a provision of this Rule that is specified in, or assessed in accordance with, any regulation made under the Act.

1.5     Revocation

The Land Transport Rule: Operator Licensing 2007 is revoked.

Section 2     Transport service licence

2.1     Classes of transport service licence

A person may make an application for one or more of the following classes of transport service licence:

2.2     Application for transport service licence

An application from a person for a transport service licence must be made on a form approved by the Agency and include—

2.3     Certificate of knowledge of law and practice

2.3(1)     This clause applies to an applicant for, or a holder of,—

2.3(2)     A person is entitled to obtain, or continue to hold, a transport service licence only if that person, or another person who has or is to have control of the service, holds a certificate of knowledge of law and practice applicable to the transport service being operated.

2.3(3)     Despite 2.3(2), the Agency, having regard to the limited or infrequent nature of the service, or proposed service, may waive the requirement for a licence applicant or holder to comply with 2.3(2) for whatever limited period and subject to any conditions that the Agency may determine.

2.3(4)     The content of a certificate of knowledge of law and practice test (and any revision to the content of the test), the test provider, and the form of the certificate of knowledge of law and practice must be approved by the Agency.

2.3(5)     A holder of a transport service licence in 2.3(1), or a person in control of such a transport service, must re-sit and pass the test to hold a certificate of knowledge of law and practice if that person:

2.3(6)     Clause 2.3(5) applies even if another person is to have control of the service and that person already holds a certificate of knowledge of law and practice.

2.3(7)     If the Agency is satisfied on reasonable grounds that the holder or deemed holder of a certificate of knowledge of law and practice does not have an adequate knowledge of the laws and practices concerning the safe and proper operation of the transport service to which the licence relates, the Agency may require the holder to re-sit and pass the test for a certificate of knowledge of law and practice applicable to that transport service.

2.3(8)     A requirement issued by the Agency under 2.3(7) must state:

2.3(9)     Failure to pass the test under 2.3(7) invalidates the licence holder’s certificate of knowledge of law and practice and the holder’s transport service licence may then be suspended in accordance with section 30U of the Act.

2.4     Transport service licence holder to notify Agency of certain changes

2.4(1)     A holder of a transport service licence must notify the Agency of the following:

2.4(2)     If a holder of a transport service licence is a body corporate, the person or persons having control of the service must notify the Agency of the following:

2.4(3)     The notification in 2.4(1) or 2.4(2) must be given—

2.4(4)     The notification in 2.4(1) or 2.4(2) must include any other identification information that the Agency requires.

2.4(5)     The notification in 2.4(1)(c)(ii) or 2.4(2)(a) is not required if the person having control of the service—

2.5     Transport service licence card where person operates vehicle under licence

2.5(1)    The Agency may issue a transport service licence card, relating to a valid transport service licence, to the operator of a vehicle subject to transport service licensing requirements upon completion of an application form (if applicable) in a form approved by the Agency, and on payment of a fee (if applicable).

2.5(2)     The operator of a vehicle subject to transport service licensing requirements must (except in the case of a trailer) display the appropriate transport service licence card and comply with the requirements in this section if the vehicle is—

2.6     Holder of transport service licence to ensure transport service licence card is displayed

2.6(1)     Clause 2.6(2) applies to a holder of:

2.6(2)     A holder of a transport service licence listed in 2.6(1) must ensure (except in the case of a trailer) that, on any motor vehicle operated under that licence, the appropriate transport service licence card:

2.6(3)     A holder of a vehicle recovery service licence must ensure that the following information is clearly displayed on both the inside and the outside of every vehicle used under the licence, in a form approved by the Agency—

2.6(4)     The information required by 2.6(3) must be displayed in a contrasting colour to the background on which it is displayed.

2.6(5)     The information required by 2.6(3) to be displayed on the outside of the vehicle must be clearly positioned on the forward doors of both sides of the vehicle.

2.6(6)     Despite 2.6(1)(a), a holder of a small passenger service licence is not obliged to comply with 2.6(2) when operating a small passenger service that—

2.7     Replacement of transport service licences and other documents

2.7(1)     The Agency may issue a duplicate of a transport service licence or other document issued by the Agency to a person whose licence or other document has been lost, destroyed, stolen, defaced, or mutilated, or has become illegible.

2.7(2)     The Agency must not issue the duplicate licence or other document unless—

2.7(3)     A transport service licence or other document for which a duplicate has been issued under 2.7(1) must, if subsequently found by or returned to the licensee or person to whom the duplicate was issued, be returned immediately to the Agency.

2.7(4)     If a licence is amended, a new licence incorporating the amendment must be issued.

2.8     Surrender of transport service licences and card

2.8(1)     The holder of a transport service licence that is amended, revoked, surrendered, or suspended must return the licence and any associated transport service licence card to the Agency within seven days of being ordered to do so by the Agency.

2.8(2)     The holder of a transport service licence or the driver of any vehicle operated under that licence must surrender any transport service licence card on demand to an enforcement officer if—

2.9     Transport service licence and cards property of Agency

A transport service licence and any associated transport service licence card are the property of the Agency.

2.10     Special interest vehicle must not be used in transport service

A special interest vehicle must not be used in a transport service.

2.11     Complaints registers

2.11(1)     This clause applies to a holder of:

2.11(2)     A holder of a transport service licence listed in 2.11(1) under which one or more motor vehicles are operated must ensure that a complaints register is maintained.

2.11(3)     A complaints register must be maintained in respect of—

2.11(4)     In the case of a complaint against a vehicle recovery service, the complaint does not have to be entered in the register unless the complaint is signed and in writing.

2.11(5)     If a complaint is in writing, the original written complaint must be retained as part of, or as an attachment to, the complaints register.

2.11(6)     When a complaint is entered in the complaints register, that entry must be retained in the register for at least two years.

2.11(7)     The register must be available for inspection at any reasonable time by an enforcement officer.

2.11(8)     The complaints register must, as far as practicable, record the following matters:

Section 3    Additional requirements for small passenger service operators and drivers

3.1     Requirements for small passenger service vehicles

A small passenger service operator and the driver of a vehicle used in a small passenger service must comply with the applicable requirements of this section.

3.2    Duties of small passenger service operators in relation to drivers

3.2(1)     A small passenger service operator must ensure that—

3.2(2)     A small passenger service operator must ensure that any distance/time meter used to calculate a fare in a vehicle used in a small passenger service is accurate.

3.2(3)     Clause 3.2(1)(a) to (e) do not apply in relation to a facilitated cost-sharing arrangement.

3.3    Duty of small passenger service operator to maintain record of complaints

3.3(1)     A small passenger service operator must keep a record of complaints received.

3.3(2)     An entry in the record of complaints must be kept for at least two years.

3.3(3)     The record of complaints must be available for inspection at any reasonable time by an enforcement officer for any audit or investigation.

3.4    Fare agreements

3.4(1)     For the purposes of section 43 of the Commerce Act 1986, one or more provisions of a contract, arrangement, or understanding between one small passenger service operator (A) and one or more other small passenger service operators (B), is authorised where that contract, arrangement, or understanding relates to the small passenger services supplied by B that—

3.4(2)     The provision or provisions of a contract, arrangement, or understanding authorised under 3.4(1) are those that—

3.5    Driver identification

3.5(1)     A person may not drive a vehicle used in a small passenger service, other than an ambulance operated by an ambulance service, unless that person is the holder of, and displays, a current driver identification card.

3.5(2)     An application for a driver identification card must be made in accordance with clause 36 of the Land Transport (Driver Licensing) Rule 1999.

3.5(3)     The form of a driver identification card must comply with clause 65 of the Land Transport (Driver Licensing) Rule 1999.

3.5(4)     A driver identification card must:

3.5(5)     A driver identification card is current for a period not exceeding five years, but the Agency may extend, by notice in writing, its currency for a period not exceeding 12 months.

3.5(6)     A holder of a small passenger service licence under which a small passenger service vehicle is operated, and each person, when driving that vehicle, must ensure that the driver’s driver identification card:

3.5(7)     The driver identification card must be displayed where it is directly facing passengers, in a central and vertical position, so that a front or rear seated passenger can easily see the photograph and the unique identifier in sufficient detail to allow accurate identification of the driver as the holder of the card.

3.5(8)     Clause 3.5(7) applies at any time that the vehicle is available for hire, whether or not there is a hirer in the vehicle.

3.5(9)     A holder of a small passenger service licence under which drivers drive a vehicle that has been provided by one of the passengers must ensure that the driver’s driver identification card:

3.6    Small passenger service vehicle stands

3.6(1)     A driver of a small passenger service vehicle may only take up position at a small passenger service vehicle stand if the vehicle is available for hire.

3.6(2)     If a driver of a small passenger service vehicle has taken up position at a small passenger service vehicle stand, the driver must accept the first hire offered unless—

3.7    Duties and conduct of drivers of vehicles used in small passenger services

3.7(1)     A driver of a vehicle used in a small passenger service may refuse to accept a person as a passenger, or refuse to continue the hiring of the vehicle by a person, if the driver believes, on reasonable grounds, that the person will compromise the personal safety of the driver.

3.7(2)     A driver of a vehicle used in a small passenger service must, unless requested or agreed by the hirer, travel from the place the hirer enters the vehicle to the intended destination of the hirer without any unnecessary deviation from the route that is most advantageous to the hirer.

3.7(3)     A driver of a vehicle used in a small passenger service must agree with the prospective hirer the scale or basis of the fare prior to the start of the trip (including extra charges and inclusive of GST, if charged).

3.7(4)     A driver of a vehicle used in a small passenger service must, at the end of a hiring, demand no more than the exact amount of the fare (including any applicable extra charges and GST) payable for the hiring, less a deduction of any prepayment made by the hirer.

3.7(5)     A driver of a vehicle used in a small passenger service must, on request by a hirer, issue a receipt, or cause a receipt to be issued, for a fare paid by the hirer.

3.7(6)     The receipt in 3.7(5) may be an electronic copy.

3.7(7)     If the small passenger service operator or driver is registered for GST, the receipt in 3.7(5) must be a GST receipt.

3.7(8)     Clause 3.7(4) and (5) does not apply to the driver of a vehicle used in a trip that has been organised through a facilitated cost-sharing arrangement.

3.8    Duties of small passenger service operators operating in urban areas

3.8(1)     This clause does not apply to small passenger service operators—

3.8(2)     A small passenger service operator operating in any of the areas listed in Schedule 2 must elect to satisfy the requirements of either paragraph (a) or (b):

3.8(3)     Operators of the following types of exclusively pre-booked small passenger services do not have to meet the requirements of 3.8(2):

3.9    Duties of drivers of small passenger service vehicles operating in urban areas

3.9(1)     This clause does not apply to the driver of a vehicle used in a facilitated cost-sharing arrangement.

3.9(2)     A driver of a small passenger service vehicle must not accept a hire in an area listed in Schedule 2 unless—

3.9(3)     Despite 3.9(2) and 3.10(2), a driver of a small passenger service vehicle may accept a hire that commences in one of the areas listed in Schedule 2 if it was booked prior to the commencement of the hire and has a destination that is outside of the areas listed in Schedule 2.

3.10    In-vehicle security camera systems

3.10(1)     This clause applies to a small passenger service operator who has elected under 3.8(2) to satisfy the requirements of 3.8(2)(a).

3.10(2)     A small passenger service operator must not cause or permit a driver to accept a hire in an area listed in Schedule 2 unless the vehicle is fitted with an in-vehicle security camera system that—

3.10(3)     Clauses 3.10(4) to (7) apply to a small passenger service vehicle that is currently hired, or available for hire, but not at other times.

3.10(4)     An in-vehicle security camera must be visible to passengers and fitted so as to record facial images of persons sitting in a normal manner in any seating position.

3.10(5)     A notice to advise passengers of the operation of the in-vehicle security camera system must be clearly and prominently displayed inside the vehicle.

3.10(6)     A notice or sign that indicates that the vehicle is fitted with an in-vehicle security camera system must be clearly and prominently displayed on the outside of the front passenger door of the vehicle.

3.10(7)     A person must not interfere with, or cause or permit interference with, an in-vehicle security camera system in a manner likely to prevent or impede the proper working of the system.

3.11    Approval of in-vehicle security camera systems

3.11(1)     A person may—

3.11(2)     The application under 3.11(1)(a) must be made on a form approved by the Agency and include—

3.11(3)     The fee for an application under 3.11(1)(a) is prescribed under regulation 6 of the Transport Services Licensing Regulations 1989 and specified in Schedule 1 of those regulations.

3.11(4)     The Agency may approve, with or without conditions, an application made under 3.11(2) if it is satisfied that the in-vehicle security camera system meets the minimum specifications set out in Schedule 3.

3.11(5)     The Agency must—

3.12    Material recorded by in-vehicle security camera systems

3.12(1)     This clause applies to material recorded by an in-vehicle security camera system.

3.12(2)     A person must not access material recorded by and stored in an in-vehicle camera system unless—

3.12(3)     Material recorded by an in-vehicle security camera system must be retained for at least 168 hours after the completion of each trip.

Section 4     Additional requirements for rental services

4.1    Register of vehicles and hirers

4.1(1)     A holder of a rental service licence must:

4.1(2)     A holder of a rental service licence must, if requested by the Agency to do so, produce without delay for inspection by an enforcement officer the register required in 4.1(1) containing the transactions for the three years preceding the date of that request.

4.2    Obligations of rental service licence holder

4.2(1)     A holder of a rental service licence and a hirer of a rental service vehicle operated under that licence must enter into a written agreement for the hire of the vehicle.

4.2(2)     The agreement referred to in 4.2(1) must, in addition to the requirements specified in 4.3, include the terms set out in:

4.2(3)     A holder of a rental service licence must ensure the hirer receives at least one copy of the agreement.

4.2(4)     A holder of a rental service licence must, if requested to do so by the hirer, explain the provisions and content of the hire agreement to the hirer.

4.2(5)     A holder of a rental service licence must ensure that a prospective hirer or any person who is to drive the rental service vehicle holds a current and valid driver licence that is appropriate for the vehicle that is to be hired.

4.3    Hirer's liability for use of vehicle

4.3(1)     The agreement must state the following:

4.3(2)     A hirer must ensure that a copy of the agreement is—

4.4    Insurance of a hired vehicle

4.4(1)     Before entering into an agreement for hire of a rental service vehicle, a holder of a rental service licence must offer vehicle insurance to the prospective hirer.

4.4(2)     A prospective hirer does not have to accept the insurance cover offered by the holder of a rental service licence.

4.4(3)     If a prospective hirer does not accept the insurance cover offered by the holder of a rental service licence, the prospective hirer must provide alternative vehicle insurance cover that is comparable with the insurance cover offered by the licence holder.

4.4(4)     If a prospective hirer's own insurance cover is not comparable with the insurance cover provided by the holder of a rental service licence, the licence holder has the right to refuse to hire the vehicle to the prospective hirer.

4.5    Hirer's liability for infringement fees

4.5(1)     A holder of a rental service licence may charge an infringement fee to a hirer's credit card if—

4.5(2)     The offences referred to in 4.5(1) are—

4.5(3)     A holder of a rental service licence may not charge an infringement fee to a hirer's credit card unless the hirer has been notified in the rental service agreement of—

4.5(4)     At the time of hiring, the holder of a rental service licence must obtain confirmation in writing from the hirer that the hirer has been notified of the information specified in 4.5(3).

4.5(5)     Unless 4.5(6) applies, before debiting a hirer's credit card for an infringement fee for an offence in 4.5(2), a holder of a rental service licence must:

4.5(6)     If a holder of a rental service licence does not receive an infringement notice for an offence in 4.5(2) committed during a period of hire, but receives a reminder notice for that offence, the licence holder must:

4.5(7)     The holder of a rental service licence who has complied with 4.5(5) or 4.5(6) may charge an administration fee, which must be specified in the rental service agreement, to cover the cost of debiting the infringement fee from the hirer's credit card.

4.5(8)     The holder of a rental service licence must keep copies of the infringement notice, reminder notice and the rental service agreement for six months from the date of the latest notice.

4.5(9)     The holder of a rental service licence must remit any infringement fee paid by the hirer to the appropriate enforcement authority as soon as is practicable.

Section 5     Additional requirements for vehicle recovery services

5.1    Operator responsibility

A holder of a vehicle recovery service licence is responsible for the conduct of the drivers and employees based at the licence holder's business location in respect of that vehicle recovery service.

5.2    Driver identification

5.2(1)     A driver of a vehicle recovery service vehicle must wear, in a readily visible position, a driver identification card that complies with 5.2(3) and 5.2(4).

5.2(2)     An application for a driver identification card must be made in accordance with clause 36 of the Land Transport (Driver Licensing) Rule 1999.

5.2(3)     The form of a driver identification card must comply with clause 65 of the Land Transport (Driver Licensing) Rule 1999.

5.2(4)     A driver identification card must—

5.2(5)     A driver identification card is current for a period not exceeding five years, but the Agency may extend, by notice in writing, its currency for a period not exceeding 12 months.

5.3    Driver behaviour

A driver of a vehicle recovery service vehicle must behave in an orderly and civil manner at all times while engaged in the operation of a vehicle recovery service.

5.4    Driver responsible for behaviour of passengers

5.4(1)     A driver of a vehicle recovery service vehicle is responsible for ensuring that any passenger the driver allows in the vehicle does not engage in threatening or improper behaviour.

5.4(2)     Despite 5.4(1), the driver is not responsible for the following persons:

5.4(3)     Regardless of any lack of fault on the driver's part, a driver of a vehicle recovery service vehicle is in breach of 5.4(1) if any passenger for whom he or she has responsibility engages in threatening or improper behaviour while the passenger is in the vehicle, or in the vicinity of the vehicle:

5.5    Driver to comply with direction of enforcement officer, fire officer, or ambulance officer

5.5(1)     A driver of a vehicle recovery service vehicle must, if so directed by an enforcement officer or an emergency service organisation officer move himself or herself, and the vehicle, away from the immediate vicinity of a crash scene.

5.5(2)     The driver of a vehicle recovery service vehicle must ensure the removal of a person who has arrived at the crash as a passenger in the vehicle (other than a person listed in 5.4(2)(a) to (c)), if an enforcement officer, a fire officer, or an ambulance officer directs that person's removal.

5.5(3)     A driver of a vehicle recovery service vehicle is in breach of 5.5(2) if the passenger fails to comply with that direction, regardless of any lack of fault on the part of the driver.

5.6    Advertising material

A holder of a vehicle recovery service licence must not allow a vehicle recovery service vehicle to be used in the service if there is advertising material on the outside or the inside of the vehicle that:

5.7    Animals prohibited

5.7(1)     Subject to 5.7(2), a holder of a vehicle recovery service licence and a driver of a vehicle recovery service vehicle used in the service must not allow an animal to be transported in or on that vehicle at any time when the vehicle is being used or is available for use in the service.

5.7(2)     The following animals may be carried in or on a vehicle recovery service vehicle:

5.8    Tow authority

5.8(1)     A vehicle recovery service vehicle may not tow a vehicle unless a tow authority has been completed and is carried in the vehicle recovery service vehicle, and can be produced on demand to an enforcement officer.

5.8(2)     A tow authority must be in a form approved by the Agency and must contain the following:

5.9    Restriction on moving of vehicles by vehicle recovery service

5.9(1)     Subject to 5.9(2), a person may not move a vehicle using a vehicle recovery service vehicle unless the tow authority has been signed by—

5.9(2)     If a person listed in 5.9(1) is not available, the driver of the vehicle recovery service vehicle must record the name, address, and contact telephone number of the person who requested that the tow be undertaken.

5.10    Tows to be without deviation or delay

A driver of a vehicle recovery service vehicle towing a vehicle must tow that vehicle to the place of intended set down without unnecessary delay or deviation from the shortest available route, unless otherwise instructed by:

5.11    Prevention of damage or loss

A holder of a vehicle recovery service licence and a driver of a vehicle recovery service vehicle must take all reasonable precautions to prevent loss of or from, or damage to, a vehicle that is being or has been towed under the licence.

5.12    Register of tows

5.12(1)     A holder of a vehicle recovery service licence must maintain a register comprising, in chronological order, all the tow authorities completed in respect of each vehicle recovery service vehicle operated under the licence.

5.12(2)     A tow authority must be included in the appropriate register within 18 hours after the completion of the tow to which it relates.

5.12(3)     The register must be made available, at any reasonable time during the 12 months following the latest date to which it refers, for inspection by:

Section 6     Exempt services

6.1    Exempt passenger services

6.1(1)     The following passenger services are exempt services for the purposes of the Act and this Rule:

6.1(2)     An organisation in 6.1(1)(a), 6.1(1)(e), or 6.1(1)(h) may receive funding for the transport service from third parties or donations in respect of the service.

6.1(3)     If a large passenger service vehicle is used in the circumstances specified in 6.1(1)(d), the vehicle is deemed to be operating under the licensee's large passenger service licence.

6.1(4)     An organisation in 6.1(1)(f) may receive voluntary donations in respect of the service.

6.2    Exempt goods service vehicles

For the purposes of this Rule, a forklift is an exempt goods service vehicle.

Section 7     Transitional provisions

7.1    Certificates of knowledge and practice

A person who holds, or was deemed to hold, a certificate of knowledge and practice immediately before 1 October 2017 is deemed to hold a certificate of knowledge and practice applicable to the transport service being operated.

7.2    In-vehicle security camera systems

An in-vehicle security camera system approved and fitted before 1 October 2017 is deemed to be an in-vehicle security camera system approved and fitted in accordance with this rule.

Part 2     Definitions

(1)    In this Rule,—

Act means the Land Transport Act 1998

ambulance service means a service that complies with the requirements in NZS 8156:2002 Ambulance Sector Standard

Armed Forces means—

    • (a) the Navy, the Army, and the Air Force collectively; and
    • (b) includes any branch, corps, command, formation, unit, or other part of the Armed Forces; but
    • (c) does not include any part of the cadet forces

business location, in relation to any matter required by the Act or this Rule to be displayed on any vehicle, means—

    • (a) in the case of a licence holder or operator which has its base location in an urban area, the location of that base by reference to the town or city, and the suburb (if any), in which it is situated; or
    • (b) in any other case, any description of location by which the base location of the licence holder, operator, or organisation can be easily identified, whether by reference to any road and area, or by reference to the nearest urban area

cost-sharing arrangement includes (but is not limited to) fuel costs and reasonable wear and tear of a vehicle; but does not include any infringement fee incurred in the course of the journey, or compensation for the driver’s travelling time

driver identification card has the same meaning as it has in the Land Transport (Driver Licensing) Rule 1999

emergency service means the New Zealand Police, New Zealand Fire Service, or an ambulance service

GST means goods and services tax payable under the Goods and Services Tax Act 1985

home or community support service means a health or disability support service provided in the environment of a person's home or in their community, by individuals working as support workers or health practitioners accountable to a home or community support service provider

hours of darkness has the same meaning as it has in the Land Transport (Road User) Rule 2004

in-vehicle security camera system means a system of one or more cameras installed in a vehicle and associated components, whether in the vehicle or not, that:

    • (a) records images of the occupants of the vehicle; and
    • (b) includes any means by which the material recorded by the camera is stored; and
    • (c) includes all wiring and connections that may be required for operation of the camera system

licence or other document means any transport service licence or other document issued by the Agency under this Rule

notify means to notify in writing

serious improper behaviour includes, without limitation, violence, assault, sexual offences, and driving while under the influence of alcohol or drugs

small passenger service vehicle stand means an area designated for small passenger service vehicles under section 22AB(1)(m) of the Act

special interest vehicle has the same meaning as it has in Land Transport Rule: Frontal Impact 2001

State services has the same meaning as it has in the State Sector Act 1988

support worker includes a support worker as described in the New Zealand Home and Community Support Sector Standard (NZS 8158:2003) or a mental health community support worker

tow authority means a document that must be completed in accordance with 5.8 by the driver of a vehicle recovery service vehicle before towing a vehicle away

transport service licence card means a card issued by the Agency under this Rule and approved by the Agency as being in the form specified in Schedule 1; and includes a label

unique identifier means the unique identifier required by 3.5(4)(b) and 5.2(4)(b) to be specified on a driver identification card.

(2)       Unless the context otherwise requires, a term that is used in this Rule and defined in the Act but not defined in this Rule has the meaning given in the Act.

Part 3     Schedules

Schedule 1     Transport service licence cards [Refer 2.5]

1       A transport service licence card must show—

2       The card may show such background and colours and security features as the Agency considers necessary to protect the integrity of the licence.

Schedule 2     Areas for which an in-vehicle security camera system is required for small passenger services operated using a small passenger service vehicle [Refer 3.8(2), 3.9(2) & (3), 3.10(2)]

Whangarei

Okara Ward and Denby Ward

Auckland metropolitan

The area within the Rural Urban Boundary as included in the Auckland Unitary Plan, but excluding the Kumeu and Warkworth areas

Hamilton

Hamilton City and Hamilton Airport and its precinct

Tauranga

Otumoetai—Bethlehem Ward, Te Papa—Welcome Bay Ward, and Mount Maunganui—Papamoa Ward

Rotorua

Rotorua urban area including the Ngongataha area, and the Rotorua Airport and its precinct

Gisborne

Gisborne Ward

Napier

Napier City

Hastings

Hastings Ward and Havelock North Ward

Palmerston North

Papaioea Ward, Takaro Ward, Hokowhitu Ward, and Awapuni Ward

New Plymouth

New Plymouth City and the New Plymouth Airport and its precinct

Whanganui

Whanganui City Ward

Wellington

Hutt City, Upper Hutt City, Porirua City, and Wellington City

Nelson

Nelson City

Christchurch

Christchurch City excluding Banks Peninsula Ward

Dunedin

Mosgiel—Taieri Ward, Waikouaiti Coast—Chalmers Ward, Cargill Ward, Hills Ward, South Dunedin Ward, Green Island/Saddle Hill Ward, and the Dunedin International Airport and its precinct

Queenstown

Queenstown urban area and the Frankton District

Invercargill

Invercargill District

Schedule 3     Specifications for in-vehicle security camera system [Refer 3.11(4)]

1       The camera system must record and securely store images and enable the retrieval of those images for copying, viewing and printing.

2       The camera must be designed to be fitted inside a small passenger service vehicle in a position that:

    • (a) is clearly visible to persons seated in the vehicle; and
    • (b) enables it to record the faces of all persons seated in the small passenger service vehicle.

3       The recorded images must be of a sufficient quality to enable facial identification of all occupants seated in the small passenger service vehicle, in all lighting conditions including complete darkness.

4       The camera system must record images at a rate of at least one image per second.

5       The recorded images must contain a unique and unambiguous identification of the camera, the small passenger service vehicle it belongs to, and accurate time and date information.

6       The camera system must be marked with a unique means of identification.

7       The camera system must be capable of storing images for at least 168 hours.

8       The camera system must undertake regular self-testing in order to check that it is recording and storing images.

9       The camera must have a system status indicator, that is clearly visible to the vehicle’s driver and that indicates when the system is operating and when the system has detected that it is not recording or storing images or both.

10      The camera system must create an automatic log of activity including accessing of recorded material and modifying settings.

11      The recorded images must be protected from unauthorised access.

12      The camera system must not interfere with other electronic devices or systems likely to be found in a small passenger service vehicle and must not be adversely affected by a vehicle’s electrical system.

13      The camera system must meet all operating requirements, including storage of images, without the need for any manual processes during normal operation.

Schedule 4     Rental service agreement [Refer 4.2]

A rental service agreement must contain the information specified in clauses 1 to 10 of this Schedule. If the rental service operator intends to charge any infringement fee to the hirer's credit card, the rental service agreement must also contain the information specified in clause 11 of this Schedule.

1       The parties

2       The vehicle

3       The term of the hire

4       Authorised drivers

5        Hire charges

6        Hirer's obligations and restrictions

7        Accidents and vehicle repairs

8        Insurance

9        Cancellation of the hire agreement

10       Hirer's liability for use of vehicle

The information specified in 4.3(1).

11       Hirer's liability for infringement fees

 

 

Land Transport Rule - Operator Licensing 2017 - Rule 81001
NZ Transport Agency