Land Transport Rule
Steering Systems Amendment 2010
Rule 32003/2
Note: This Rule should be read in conjunction with the Land Transport Rule: Steering Systems 2001.
Contents
Section 2 Amendments to the Objective
Section 3 Amendments to Rule requirements
Section 4 Amendments to Definitions
Section 5 Insertion of Schedule
Objective of the rule
Land Transport Rule: Steering Systems Amendment 2010 amends Land Transport Rule: Steering Systems 2001 (the Rule), which sets out safety requirements and standards covering the design, construction and maintenance of steering systems in motor vehicles.
The objectives of this amendment Rule are to:
- insert into the Rule a restriction on certification and use of left-hand drive vehicles that was previously set out in regulation 70 of the Traffic Regulations 1976; and
- provide for certain exemptions from the restriction, including those exemptions previously set out in the Left Hand Drive (Exemption from Equipment Requirements) Notice 1998 (Gazette Notice 1851 of 1998) made pursuant to regulation 90 of the Traffic Regulations 1976; and
- revise the requirements for exempt left-hand drive vehicles.
Extent of consultation
In July 2008, the then Land Transport New Zealand sent details of the proposed amendments by letter or email to about 460 groups and individuals who had registered an interest in the Rule. The draft amendment Rule was made available through the Land Transport NZ Contact Centre and, together with Questions and Answers, was also available on the Land Transport NZ website. The availability of the draft for comment was publicised in the metropolitan daily newspapers in Auckland, Hamilton, Wellington, Christchurch and Dunedin, in selected regional daily newspapers, and in the New Zealand Gazette. Twenty-five submissions were received on the draft Rule. The NZ Transport Agency took into account the submissions that were received in finalising the amendment Rule before it was submitted to Cabinet for noting and then to the Minister of Transport for signing.
Part 1 Rule requirements
Section 1 Application
1.1 Title
This Rule is Land Transport Rule: Steering Systems Amendment 2010.
1.2 Date when Rule comes into force
This Rule comes into force on 1 April 2010.
1.3 Scope of Rule
This Rule amends Land Transport Rule: Steering Systems 2001.
Section 2 Amendments to the Objective
2.1 Objective
The Objective of the Rule is amended by:
- (a) substituting “Land Transport Rule: Vehicle Standards Compliance 2002” for the words “Land Transport Rule: Vehicle Standards Compliance 1998” where it appears; and
- (b) substituting “inspectors” for the word “certifiers” where it appears.
Section 3 Amendments to Rule requirements
3.1 Vehicle Standards Compliance Rule
The following provisions of the Rule are amended by substituting “Land Transport Rule: Vehicle Standards Compliance 2002” for the words “Land Transport Rule: Vehicle Standards Compliance 1998” where it appears in:
- (a) 1.2(2)(b);
- (b) 1.4(2);
- (c) 3.1(1)(b).
3.2 Left-hand drive vehicles
Section 2 is amended by inserting the following clause:
- “2.5 Left-hand drive vehicles
- “No left-hand drive vehicle may be certified for entry into service, or operation in service, in New Zealand except:
- “(a) vehicles of the categories specified in Schedule 1, subject to the conditions specified in relation to each category; or
- “(b) an individual left-hand drive vehicle that was certified for entry into service in New Zealand before 1 April 2010.”
- “No left-hand drive vehicle may be certified for entry into service, or operation in service, in New Zealand except:
3.3 Responsibilities
3.3(1) Section 4 is amended by substituting the following clause for clause 4.4:
- “4.4 Responsibilities of vehicle inspectors and inspecting organisations
- “A vehicle inspector or inspecting organisation must not certify a motor vehicle under Land Transport Rule: Vehicle Standards Compliance 2002 if they have reason to believe that the vehicle does not comply with this Rule.”
3.3(2) Section 4 is amended by inserting the following clauses (before the note at the end of the section):
- “4.6 Responsibilities in relation to declarations
- “A person must not knowingly make a false declaration for the purpose of obtaining a Category A Left-hand Drive Vehicle Permit.
- “4.7 Functions and powers of the Agency
- “The Agency may, by notice in the Gazette, appoint an organisation or organisations having expertise in requirements for vehicles used in motor sport competition, to issue motor sport authority cards for the purpose of this Rule.”
Section 4 Amendments to Definitions
4.1 Insertion of definitions
Part 2 is amended by inserting the following definitions in the appropriate places:
- “Agricultural means connected directly with the operation or management of a farm.”
- “Coupe means a two-door, fixed-roof, passenger car with two or four seating positions.”
- “Commercially-produced motoring publication
- “(a) includes a website; but
- “(b) does not include a publication or website of a club, dealer or trade association.
- “[Note: ‘Trade association’ is a defined term.]”
- “Historic value means having great and lasting importance.”
- “Inspecting organisation has the same meaning as in Land Transport Rule: Vehicle Standards Compliance 2002.”
- “Left-hand drive vehicle
- “(a) means a motor vehicle having the centre of the steering control positioned to the left of the longitudinal centre-line of the body of the vehicle; and
- “(b) includes a vehicle with dual controls.”
- “Mobile crane does not include a truck mounted with crane apparatus.”
- “New Zealand resident means a person entitled in terms of the Immigration Act 1987 to reside in New Zealand indefinitely; and includes an Australian citizen in New Zealand.”
- “Trade association means an organisation formed for the purpose of furthering the trade interests of its members, or of persons represented by its members.”
- “Transport service has the same meaning as in section 2(1) of the Act.”
- “Vehicle identification number (VIN) has the same meaning as in Land Transport Rule: Vehicle Standards Compliance 2002.”
- “Vehicle inspector has the same meaning as in Land Transport Rule: Vehicle Standards Compliance 2002.”
4.2 Amendments to Definitions
4.2(1) Part 2 is amended by substituting the following definition for the definition of certify:
- “Certify has the same meaning as in Land Transport Rule: Vehicle Standards Compliance 2002.”
4.2(2) Part 2 is amended by deleting the definition of certifier.
Section 5 Section 5 Insertion of Schedule
5.1 New Part inserted
The Rule is amended by inserting, after Part 2, the new Part 3 set out in the Schedule to this Rule.
Part 2 Schedule
New Part 3 inserted [Ref. 5.1]
“Part 3 Schedule
Schedule 1 Left-hand drive vehicles [Ref. 2.5]
PART 1: CATEGORIES OF LEFT-HAND DRIVE VEHICLES THAT MAY BE CERTIFIED FOR ENTRY INTO, OR OPERATION IN SERVICE
- 1 Left-hand drive vehicles of the categories specified in this Part of this Schedule may be certified for entry into, or operation in, service in New Zealand subject to the conditions specified in relation to each category.
- Category A: Special interest light vehicles less than 20 years old
- A Class MA vehicle that:
- (a) has a Category A Left-hand Drive Vehicle Permit issued in accordance with Part 2 of this Schedule; and
- (b) was manufactured in a country other than New Zealand less than 20 years before the vehicle is certified for entry into service in New Zealand.
- Conditions:
- 1. The vehicle is not operated in a transport service or otherwise for commercial purposes or for hire or reward.
- 2. If the vehicle has been registered in New Zealand for less than four years, the vehicle is registered in the name of the person who obtained the initial Category A Left-hand Drive Vehicle Permit for that vehicle, or their lawful successor(s).
- Category B: Light vehicles that are 20 years old or more
- A Class MA, MB or MC vehicle with a gross vehicle mass not exceeding 3.5 tonnes, or a Class NA vehicle, that was manufactured in a country other than New Zealand 20 years or more before the vehicle is certified for entry into service in New Zealand, excluding vehicles in other categories.
- Condition:
- The vehicle is not operated in a transport service.
- Category C1: Specialist vehicles
- Any motor vehicle with dual steering columns and controls.
- Conditions:
- None.
- Category C2: Specialist vehicles
- Any vehicle used solely or principally as:
- (a) a mobile crane; or
- (b) a vehicle which operates wholly or partly on self-laying tracks; or
- (c) an agricultural tractor or self-propelled agricultural harvesting machine; or
- (d) an earthmoving machine.
- Condition:
- The Agency confirms in writing that it is satisfied that:
- (a) the operation of the vehicle requires it to be a left-hand drive vehicle; or
- (b) the vehicle is only available as a left-hand drive vehicle.
- Category C3: Specialist vehicles
- Any specialist vehicle that the Agency is satisfied has special characteristics, or is equipped for special operational purposes, such that conversion to right-hand drive is impractical.
- Condition:
- The Agency confirms in writing that it is satisfied that the vehicle has special characteristics, or is equipped for special operational purposes, such that conversion to right-hand drive is impractical.
- Category C4: Specialist vehicles
- Any motor vehicle that is a purpose-built hearse.
- Condition:
- The vehicle is identified as a hearse by the vehicle manufacturer.
- Category C5: Specialist vehicles
- A Class MA or Class MC motor vehicle that is:
- (a) used in motor sport competition; and
- (b) operated in accordance with the conditions of a valid motor sport authority card issued to that vehicle by an organisation appointed under 4.7.
- Conditions:
- None.
- Category D: Vehicles operated by diplomats
- Any vehicle that is to be operated by a person who is, for the time being, entitled to any immunity from jurisdiction by or under:
- (a) the Diplomatic Privileges and Immunities Act 1968; or
- (b) the Consular Privileges and Immunities Act 1971.
- Conditions:
- None.
- Category E: Vehicles exempt from registration and licensing
- Any motor vehicle that is exempt in accordance with regulation 3 of the Transport (Vehicle Registration and Licensing) Regulations 1994 to the extent specified in Part I of the First Schedule of those regulations.
- Conditions:
- None.
- Category F: Former Crown vehicles
- Any vehicle that was formerly owned by the Crown.
- Conditions:
- None.
- Category G: Motorcycles with side cars
- Any motorcycle with a side car.
- Conditions:
- None.
PART 2: LEFT-HAND DRIVE VEHICLE PERMITS
- Application for Category A Left-hand Drive Vehicle Permit
- 1. To obtain a Category A Left-hand Drive Vehicle Permit, an applicant must:
- (a) apply to the Agency before the vehicle is certified for entry into service in New Zealand; and
- (b) pay the appropriate fee or fees (if any) specified in accordance with regulations made under the Land Transport Act 1998.
- 2. An application for a Category A Left-hand Drive Vehicle Permit must:
- (a) include the vehicle's VIN or chassis number; and
- (b) include a declaration made by the applicant declaring that:
- (i) the applicant is a New Zealand citizen or a New Zealand resident; and
- (ii) the vehicle will be registered in the applicant's name; and
- (iii) the vehicle will not be operated on the road for commercial purposes or for hire or reward; and
- (iv) the applicant will not sell or lease the vehicle to a third party within four years of the vehicle's first registration in New Zealand; and
- (v) the vehicle will not be operated in a transport service; and
- (vi) the applicant has not been granted a Category A Left-hand Drive Vehicle Permit in the last two years; and
- (c) contain such other information as the Agency considers necessary to support the application.
- Issue of Category A Left-hand Drive Vehicle Permits
- 3. Subject to paragraph 5, the Agency may issue a Category A Left-hand Drive Vehicle Permit for a Class MA motor vehicle if:
- (a) the Agency considers that the vehicle is a collector's item and:
- (i) is of historic value; or
- (ii) is a model that was not manufactured in right-hand drive form and meets three of the four requirements set out in paragraph 4; and
- (b) the applicant:
- (i) is a New Zealand citizen or a New Zealand resident; and
- (ii) has not been issued with a Category A Left-hand Drive Vehicle Permit in the last two years; and
- (iii) has made an application in accordance with paragraphs 1 and 2 of this Part; and
- (iv) has paid the appropriate fee or fees (if any) specified in accordance with regulations made under the Land Transport Act 1998.
- (a) the Agency considers that the vehicle is a collector's item and:
- 4. For the purpose of paragraph 3(a)(ii), the Agency must consider that the vehicle meets three of the following four requirements:
- (a) the vehicle (or its make, model and submodel) is identified as being a collector's item in a commercially-produced motoring publication;
- (b) the vehicle's make, model and submodel has been (or was) manufactured in annual volumes of 20,000 units or less;
- (c) the vehicle is, and was manufactured as, a coupe or a convertible;
- (d) the vehicle is, and was manufactured as, a high performance vehicle.
- 5. The Agency may not issue more than 500 Category A Left-hand Drive Vehicle Permits in any calendar year.
- 6. A Category A Left-hand Drive Vehicle Permit ceases to be valid if the vehicle is not inspected at the border or certified for entry within six months after the date of issue.
- 7. For the avoidance of doubt, a Category A Left-hand Drive Vehicle Permit that ceases to be valid in the calendar year it was issued shall not be counted for the purposes of paragraph 5.”
Land Transport Rule: Steering Systems Amendment 2010 - Rule 32003/2
NZ Transport Agency, Waka Kotahi