Land Transport Rules

Questions & answers

Amendment Rules from the Omnibus Amendment Rule 2010

1. What are the new amendment Rules?

The Minister of Transport has signed into law the following amendment Rules:

• Land Transport Rule: Heavy Vehicles Amendment 2011 (Rule 31002/4);
• Land Transport Rule: Operator Licensing Amendment 2011 (Rule 81001/5);
• Land Transport Rule: Vehicle Dimensions and Mass Amendment 2011 (Rule 41001/6);
• Land Transport Rule: Vehicle Equipment Amendment 2011 (Rule 32017/4);
• Land Transport Rule: Vehicle Standards Compliance Amendment 2011 (Rule 35001/8);
• Land Transport Rule: Work Time and Logbooks Amendment 2011 (Rule 62001/3).

2. How did these amendment Rules originate?

These amendment Rules were consulted on as part of the draft Land Transport Rule: Omnibus Amendment 2010 (the draft Omnibus Amendment Rule).

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

3. Why were the amendment Rules made?

The amendment Rules make relatively minor changes to existing Land Transport Rules. These changes:

• clarify current requirements to assist understanding and enforcement;
• introduce flexibility for methods of calculating certain vehicle load dimensions;
• introduce limited exceptions to restrictions on overdimension vehicles that enable their use when needed in an emergency;
• amend requirements to accord with current industry needs or practices;
• remove unnecessary restrictions and requirements (without diminishing safety standards);
• make consequential changes as a result of changes to Rules and other legislation;
• align the Rules with recent changes and upgrades to the State Highway network; and
• correct minor errors and anomalies.

4. What changes are made in the amendment Rules?

The changes set out below have been made in the amendment Rules.

Heavy Vehicles Amendment

The amendment Rule:

• corrects an unintended consequence of a previous amendment, which would have required a semi-trailer in a dedicated combination coupled with a ball and socket to have a skid plate, a requirement with which the ball and socket could not comply; and
• removes the requirement for a kingpin to be tested or replaced every 100,000 kilometres. This requirement is considered to be unnecessary as the improper modification or poor manufacture of kingpins is covered by other rules. This change will reduce compliance costs, without reducing safety.

Operator Licensing Amendment

The objective of this Rule is to improve the ability of the Courts to collect owner-liability infringement fines incurred by the hirers of rental vehicles. To this end, the amendment Rule adds to the list of identification details that must be recorded when a person takes possession of a vehicle under a rental service agreement.

Vehicle Dimensions and Mass Amendment

The amendment Rule:

• will assist logging truck operators in determining that the height of the load on their vehicle complies with the static rollover threshold requirements for ensuring the stability of vehicles operating on New Zealand roads;
• supports the changes made in the 2010 amendment Rule to allow rigid buses with an overall length of greater than 12.6 metres and up to 13.5 metres by increasing the allowable maximum dimensions for rear overhang of these buses;
• removes the requirement for revolving beacons to be fitted at night to an overdimension load that is 2.7 metres or less wide on a standard motor vehicle, which will enhance their effectiveness as a road safety measure for all larger motor vehicles that are still required to fit them;
• addresses an issue of concern for the road transport industry, while maintaining road safety, by removing the requirement for additional lights to be fitted at the front and rear of an overdimension load that is 2.7 metres or less in width on a standard motor vehicle;
• removes the travel time restrictions that apply to overdimension vehicles , or vehicles with overdimension loads, that are required by certain authorities to undertake essential tasks in emergency circumstances; and
• updates the overdimension motor vehicle specific route restrictions to take into account the building of new and upgraded motorways and changes to traffic control organisations.

Vehicle Equipment Amendment

The amendment Rule:

• transfers two provisions relating to a specific component, namely alternative fuel systems, from Land Transport Rule: Vehicle Standards Compliance 2002 to the Vehicle Equipment Rule where they should be found;
• allows a vehicle with a motorsport authority card that is being used on the road for the purpose of inspection, certification and repair of the vehicle to exceed the noise levels applying to vehicles normally used on the road; and
• revises the definition of 'speedometer' to include displaying the speed at any given moment and align it with international standards, specifically ECE 39.

Vehicle Standards Compliance Amendment

The amendment Rule:

• requires vehicles of Class LA and Class LB (mopeds) to have a vehicle identification number (VIN) for entry to the New Zealand fleet, to prevent motorcycles from being fraudulently registered as mopeds and mopeds that do not meet New Zealand entry requirements from being registered;
• removes the redundant requirement that a liquid petroleum gas or compressed natural gas fuel system and its components be approved by notice in the Gazette before being certified for entry into service;
• revokes clause 11.5 and 11.6 and transfers them to the Vehicle Equipment Rule where they should be found; and
• amends the definition of 'low volume vehicle' in various Land Transport Rules to enable New Zealand manufacturers to produce up to a new limit of 500 units of any make or model low volume vehicle in any given year.

Work Time and Logbooks Amendment

The objective of the amendment is to enable enforcement staff to be able to properly check that a driver, who is changing from driving that is exempt from logbook use to driving subject to logbook use, has complied with work-time limits, in particular, the required minimum 10-hour rest break before starting work. This reduces fatigue and, in doing so, promotes the safety of drivers and of other road users.

5. When do these amendment Rules come into force?

All the amendment Rules come into force on 1 April 2011.

6. Was the public consulted on the amendments?

Yes. On 29 November 2010, the NZ Transport Agency (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 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 26 submissions on the draft Omnibus Amendment Rule. The submissions were taken into account in preparing the draft amendment Rules for signing.

7. 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.

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

Final rules are available on the website. 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, PO Box 61, Palmerston North or by telephoning (06) 353 2700. Rules may also be inspected at regional offices of the NZTA.

9. 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.

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

10. 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 amendment Rules.