2016 Amendment to Land Transport Rule: Dangerous Goods 2005.
Increased penalties are being introduced for breaches of prohibitions or restrictions relating to the transportation of dangerous goods on high-risk routes. The need for more effective deterrence measures was recently identified – see the next question for more information.
The need to increase compliance through more effective deterrence was identified from a study of urban motorway tunnel usage in New Zealand and Australia. Management of potential risks associated with the soon- to-open Waterview tunnels in Auckland was the catalyst for the proposal. The changes however have general effect throughout New Zealand to ensure consistency. The changes will improve the safety of all road users in specific locations where there is a risk of an incident involving dangerous goods. Prior to the introduction of the new Rule and consequential amendments to regulations, a road controlling authority could make a bylaw restricting or prohibiting the transport of dangerous goods on a road, but the bylaws had low penalties.
Land Transport Rule: Dangerous Goods 2005 (the Dangerous Goods Rule) sets out the requirements for the safe transport of dangerous goods on land in New Zealand. The amendment introduces a requirement for a driver or operator of a vehicle carrying dangerous goods to comply with signs which indicate a prohibition or restriction on the transport of dangerous goods. This will enable higher penalty and infringement amounts to be applied through amendment of regulations linked to the Dangerous Goods Rule.
No. The duty to comply with signs indicating prohibitions or restrictions only applies to drivers or operators of dangerous goods vehicles that are required to display placards on the vehicle. Section 7 of the Dangerous Goods Rule specifies which vehicles carrying dangerous goods have to display placards. This does not apply to the transport of small quantities of dangerous goods, for example a gas cylinder of LPG for the backyard barbeque.
If a driver or operator fails to comply with a sign, then a new penalty in the Land Transport (Offences and Penalties) Regulations 1999 will be applied. The new penalty amounts are a maximum fine on conviction by a court of $2500 for individuals and $10,000 for a body corporate. New infringement fees (roadside ‘tickets’), are $500 for an individual and $1000 for a body corporate. These penalties will provide a significant increase in deterrence effect compared to the current fines.
A sign that says ‘Dangerous Goods Prohibited’ is sufficient to convey the restriction or prohibition to traffic and therefore satisfy the requirements of the Traffic Control Devices Rule for a general regulatory sign. This approach avoids the need to create a specific sign which could be a limitation in some cases. For example it may be appropriate to have a sign read “Dangerous Goods Prohibited Except by Permit” or “Dangerous Goods Restricted” or to specify an alternative route on a sign.
No. There are two reasons why all the particulars of any route restrictions must be specified in full in a dangerous goods route restriction bylaw. The first is that the nature of a route restriction requires a detailed assessment of the route and risks (and the risks with any alternative route) so that all the particulars of the restriction will be known and can be captured when a bylaw is made. Second, this approach better supports Police enforcement by giving Police a higher level of confidence that the restriction is legally robust and therefore enforceable.
A multi-faceted approach is being employed to encourage compliance. The Rule changes will be supported by other measures including driver education and CCTV operator detection.
Yes. A consultation draft of the amendment Rule, together with explanatory material, was published on the NZ Transport Agency’s website on 24 May 2016 and advertised in the five major daily newspapers. A notice of the consultation was sent to over 1200 groups and individuals, who have registered an interest in the Dangerous Goods Rule, inviting comments. The Transport Agency received 11 submissions on the proposed change, which were taken into consideration in finalising the amendment Rule.
A copy of the amendment Rule will be available for purchase from selected bookshops that sell legislation or from Wickliffe Solutions, telephone 0800 226 440.
Rules can also be read, free of charge, at the National Office and regional offices of the Transport Agency and are available on the Transport Agency website at: http://www.nzta.govt.nz/resources/rules/(external link)
This is an amendment Rule and therefore contains only the amending provisions. The amendment Rule should be read in conjunction with the principal Rule. The principal Rule is also available on the Transport Agency’s website. A consolidated version of this Rule, incorporating the amendment, is available on this website from 1 October 2016 at: http://www.nzta.govt.nz/resources/rules/dangerous-goods-2005-index/(external link)
