Land Transport Rules - Questions & answers

Omnibus Amendment 2010

1. What are the new amendment Rules?

The Minister of Transport has signed the following new amendment Rules:

• Land Transport (Driver Licensing) Amendment Rule 2010(external link)
• Land Transport Rule: Frontal Impact Amendment 2010(external link)
• Land Transport Rule: Operator Licensing Amendment 2010(external link)
• Land Transport Rule: Operator Safety Rating Amendment 2010(external link)
• Land Transport Rule: Passenger Service Vehicles Amendment 2010(external link)
• Land Transport Rule: Vehicle Equipment Amendment 2010(external link)
• Land Transport Rule: Vehicle Exhaust Emissions Amendment 2010(external link)
• Land Transport Rule: Vehicle Standards Compliance Amendment 2010(external link)

2. How did these amendment Rules originate?

These amendment Rules were consulted on as part of the draft Land Transport Rule: Omnibus Amendment 2009 (the draft Omnibus Amendment Rule).

Following consultation, the provisions in the draft Omnibus Amendment Rule were split into separate amendment Rules.

3. Why were the amendments Rules made?

The amendment Rules make relatively minor changes to Rules. The changes are required:

• to clarify current requirements to assist understanding and enforcement;
• to provide for compliance with alternative vehicle standards for some vehicles;
• to address safety concerns;
• to amend requirements to accord with current industry needs or practices;
• to make requirements more flexible or removing unnecessary restrictions (without diminishing safety standards);
• to make consequential changes as a result of changes to other legislation and Rules; and
• to correct minor errors and anomalies.

4. What changes are made in the amendment Rules?

In addition to updating definitions and making consequential changes arising from changes to other legislation and other minor changes, the changes made in individual amendment Rules include:

Frontal Impact Amendment. The amendment Rule clarifies that Land Transport Rule: Seatbelts and Seatbelt Anchorages 2002 (the Seatbelt Rule) prevails over Land Transport Rule: Frontal Impact 2001, in determining the requirements relating to seatbelts in vehicles required to comply with frontal impact standards. Vehicle importers, therefore, are allowed to remove seatbelts that are not required by the Seatbelts Rule to be fitted in specified seating positions in certain vehicles, even though the Frontal Impact Rule prohibits the removal of occupant-protection equipment. 

5. When do these amendment Rules come into force?

With the exception of Land Transport Rule: Operator Safety Rating Amendment 2010, which will be brought into effect by Gazette notice at a later date, these amendment Rules come into force on 1 April 2010.

6. Was the public consulted on the amendments?

Yes. In November 2009, the NZTA advised about 1800 groups and individuals registered on the Rules consultation database, by letter or email, of the proposed changes and invited them to make submissions. Printed copies of the draft Omnibus Amendment Rule and the summary of the proposed changes were made available on request. The draft Omnibus Amendment Rule and information material were also available on the NZTA's website.

Public notices seeking submissions were published in the daily newspapers in the major centres (Auckland, Hamilton, Wellington, Christchurch and Dunedin), in selected regional daily newspapers and in the New Zealand Gazette. The NZTA received 257 submissions on the draft Omnibus Amendment Rule.

7. What happened to the proposed changes to the Vehicle Dimensions and Mass Rule that were consulted on in the Omnibus Amendment Rule 2009?

Following consultation, these changes were included with the proposals for improving the productivity of the heavy vehicle fleet that were consulted on in draft Land Transport Rule: Vehicle Dimensions and Mass Amendment [(No 2) 2009]. (Note: This Rule has now been signed into law as Land Transport Rule: Vehicle Dimensions and Mass Amendment 2010. It comes into force on 1 May 2010.)

8. What is the legal basis for the amendment Rules?

The Land Transport Act 1998 allows the Minister of Transport to make Land Transport Rules. Rules are drafted in plain English and go through an extensive consultation process with interested groups and the public. This is to ensure that they are easily understood and are widely complied with. Rules are usually prepared by the NZTA under contract to the Ministry of Transport and, like regulations, have the force of law.

9. Where can I get copies of the amendment Rules?

Final rules are available on our website(external link).

Printed copies of Land Transport Rules can be purchased from selected bookshops throughout New Zealand that sell legislation. Most Rules can also be purchased from the Rule printers and distributors, Wickliffe Ltd, telephone (06) 358 8231. The Land Transport (Driver Licensing) Amendment Rule 2010 can be purchased from Legislation Direct, telephone (04) 568 0005.

Rules may also be inspected at regional offices of the NZTA.

10. How will the NZTA make sure people know about the amendment Rules?

A newsletter outlining the changes to the Rules will be sent to groups and individuals who registered their interest in the Rules that have been amended.

The NZTA will update any relevant Factsheets or other information material available on its website to reflect the changes brought about by the amendment Rules.

11. How can I get more information about the amendment Rules?

 You can call the NZTA Contact Centre on 0800 699 000 if you require more information about the amendment Rules.