Land Transport Rules – questions & answers
Omnibus Amendment 2011
1. What is the Omnibus Amendment Rule?
Land Transport Rule: Omnibus Amendment 2011 is a public consultation document for the purposes of notifying proposals to change requirements in a number of existing Land Transport Rules. Annual Omnibus Amendment Rules provide for relatively straightforward amendments, mainly of a technical or editorial nature, and for making changes to Rules resulting, for example, from the need to reflect current industry best practice or changes to other legislation. Changes made through the Omnibus Amendment process do not impose any significant compliance requirements or costs on government, industry or the public.
2. What are the new amendment Rules?
The Minister of Transport has signed into law the following amendment Rules:
3. How did these amendment Rules originate?
These amendment Rules were consulted on as part of the draft Land Transport Rule: Omnibus Amendment 2011 project (the Omnibus Amendment Rule), which contained proposals for changes to 11 Land Transport Rules, including the Land Transport (Driver Licensing) Rule 1999 (the Driver Licensing Rule).
Following consultation, the provisions in the Omnibus Amendment Rule were split into 10 separate amendment Rules. The changes to the Driver Licensing Rule were included in the Driver Licensing Amendment Rule (Rule 91001/7) that was consulted on in 2010 and was due to be signed in late August 2011.
4. What are the reasons for the amendments being made?
The amendment Rules make minor changes to existing Land Transport Rules. These changes:
- clarify or modify current requirements to assist understanding and enforcement;
- amend requirements to accord with current industry needs or practices;
- update requirements relating to vehicle standards to ensure that vehicles continue to be operated safely;
- remove unnecessary restrictions and requirements (without diminishing safety standards);
- amend requirements to ensure they are in line with international recommendations for the transport of dangerous goods on land and the New Zealand hazardous substances and new organisms regulations;
- make consequential changes as a result of changes to Rules and other legislation; and
- correct minor errors and omissions, and remove anomalies in the existing Rules.
5. What changes have been made to the existing Rules?
Land Transport Rule: Dangerous Goods 2005
The changes:
- distinguish between class labels on standard packages of dangerous goods and the DGLQ (Dangerous Goods in Limited Quantities) mark on packages of DGLQ;
- remove the reference to the New Zealand Standard 5433 for the transport of dangerous goods on land in relation to packaging performance standards, because these standards will not be included in the next edition of NZS 5433;
- restructure paragraph 3.2(6)(b) for consistency with related provisions of the Rule;
- rectify an omission from the Rule, by extending the exception in subclause 3.2(8) that applies to the packaging of routine diagnostic specimens and low risk biological products to also apply to DGLQ, Consumer Commodities, Small Packages and dangerous goods in excepted quantities;
- rectify an omission by specifying that the DGLQ mark must be displayed on the outside of a unit load that includes DGLQ, and to clarify the reference to the term 'markings' in 4.1(9);
- add an exclusion to the placarding requirements for dangerous goods in excepted quantities to ensure that the requirements do not conflict with other provisions in the Rule;
- add an explanatory note after subclause 7.2(13) to clarify the requirements for Intermediate Bulk Containers;
- clarify the application of the dispensation from having a D (dangerous goods) endorsement for persons who drive a vehicle or vehicle combination that is transporting dangerous goods in excepted quantities or excepted packages of radioactive material;
- add definitions of 'class label' and 'class placard' to the Rule;
- clarify that portable toilets are classified as infectious substances, Category B;
- update the proper shipping names of two Class 9 dangerous goods.
Land Transport Rule: Frontal Impact 2001
The amendment Rule aligns the criterion for a permit to import a 'special interest vehicle' with that applying to left-hand-drive vehicle permits by specifying that a 'special interest vehicle' is one that is not manufactured annually in quantities of more that 20,000 units of the make, model and sub-model.
Land Transport Rule: Heavy Vehicles 2004
The changes:
- incorporate a new code for logging bolster attachments in the Rule; and
- delete a provision that has become redundant as a result of the 2010 Rule amendment (which came into force on 1 April 2011) that removed the requirement to test kingpins.
Land Transport Rule: Light-vehicle Brakes 2002
The changes:
- remove the requirement for a safety chain on trailers of 2000 kg or less that have breakaway brakes. (Breakaway brakes are often fitted to caravans imported from Europe and other jurisdictions with more stringent brake requirements than New Zealand. The Rule allows a safety chain to be used on these trailers but does not require one if the trailer is fitted with a breakaway brake.);
- amend the definition of 'direct trailer service brake' to limit this to systems that are applied from the towing vehicle's normal service brake.
Land Transport Rule: Operator Licensing 2007
The changes:
- require a taxi driver to inform his or her approved taxi organisation (ATO) of the driver's log-on/log-off times. (ATOs already had a reciprocal duty to record drivers' times);
- update the Rule to reflect the new 'metropolitan urban limits' of Auckland City and replace the former city names.
Land Transport Rule: Steering Systems 2001
The changes:
- increase the speed capability threshold from 30 km/h to 50 km/h above which a vehicle that does not have a direct mechanical connection between the steering wheel and the road wheels (including tractors with an hydraulic steering system) must have an additional steering system;
- update the description in the Rule of a 'Category E' motor vehicle (that is, a vehicle that is exempt from registration or licensing).
Land Transport Rule: Traffic Control Devices 2004
The changes:
- amend and update the description of the W17-1.3 traffic sign specified in the Rule so that it better reflects the wording of a related provision in the Land Transport (Road User) Rule 2004;
- insert a heading for the W19 series of signs in Schedule 1 of the Rule to ensure that the format of this series is consistent with that used for headings in the Schedule.
Land Transport Rule: Vehicle Exhaust Emissions 2007
The amendment Rule replaces the definition of 'low volume production vehicle' in the Rule with the definition of 'low volume vehicle' used in other vehicle standards Rules, but still allows certain vehicles (within this definition) to be excepted from the requirement to comply with an approved vehicle exhaust emissions standard.
Land Transport Rule: Vehicle Standards Compliance 2002
The changes:
- ensure that certain vehicles that may be subject to fees simply because they are classified under the Rule as 'goods service vehicles', but are not classified as such for any other purpose, would not be subject to those fees
- transfer the prevailing definition of 'tractor' from the Traffic Regulations 1976 before those regulations are revoked.
Land Transport Rule: Work Time and Logbooks 2007
The amendment Rule sets out the required format for recording time periods in driver logbooks to help ensure that drivers correctly enter their details and to clarify the requirement to assist enforcement officers in applying the Rule.
6. When do these amendment Rules come into force?
All the amendment Rules come into force on 1 October 2011.
7. Was the public consulted on the amendments?
Yes. On 1 June 2011, the NZ Transport Agency (NZTA) advised about 2200 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 a 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) and in the New Zealand Gazette. The NZTA received 17 submissions on the draft Omnibus Amendment Rule. The submissions were taken into account in preparing the amendment Rules for signing.
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.
Printed copies of Land Transport Rules can be purchased from selected bookshops throughout New Zealand that sell legislation. Rules can also be purchased from the Rule printers and distributors, Wickliffe Ltd, PO Box 932 Dunedin or by telephoning (06) 358 8231. Rules are also available for inspection at regional offices of the NZTA.
10. How will the NZTA make sure people know about the amendment Rules?
A newsletter outlining the Rule changes will be sent to groups and individuals who registered their interest in each of the Rules that have been amended. Where necessary, the NZTA will advise the industry of the changes. The NZTA will also 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?
Further information about the amendment Rules can be obtained by calling the Transport Agency's Contact Centre on 0800 699 000.
