Land Transport Rules – questions & answers

Traction Engines 2010

1. Why is this Rule being introduced?

This Rule replaces the Land Transport (Traction Engine Safety) Regulations 2006 (the 2006 Regulations) which were put in place as an interim measure until the Rule was completed.

The requirement for traction engines to be operated in a safe condition by appropriately qualified persons is prescribed in the Land Transport Act 1998 (the Act) (as amended by the Land Transport Amendment Act 2005). These provisions replaced and updated older legislation, such as the Boilers, Lifts and Cranes Act 1950.

2. When does the Rule come into force?

The Rule will come into force on 1 April 2010. Until that date, the requirements in the Land Transport (Traction Engine Safety) Regulations 2006 will continue to apply.

3. What danger is posed by traction engines?

The main risk to safety associated with traction engines is that a boiler malfunction may cause an explosion, endangering those operating the vehicle and anyone standing nearby.

4. What are the main requirements set by the Rule?

The key provisions in the Rule are:

• qualification requirements for persons using a traction engine;
• a requirement for the vehicle to have a valid certificate of inspection that has been issued within the last two years.

5. Which vehicles does the Rule apply to?

The Rule applies to the operation of traction engines in public places.

6. In what circumstances would the Rule apply?

The Act requires that, when a traction engine is used in a public place:

• the vehicle is appropriately certified; and
• the people using the vehicle are appropriately qualified,

The Rule does not apply to the operation of a traction engine in an area that is not, at the time, a “public place”.

7. What is a ‘public place’ for the purposes of the Rule?

A public place is defined in section 22B(3) of the Act as “a place that is open to, or being used by, the public, whether or not there is a charge for admission” and “includes a road and any part of a public place”.

8. Does a traction engine have to be driven to be covered by the Rule?

The scope of the Rule also includes a traction engine that is not being driven, but is stationary but under steam, or is being used to drive machinery.

9. What are the certification requirements for a traction engine?

The Rule requires that a traction engine must display valid evidence of certification of the pressure equipment, and that:

• the certificate of inspection must be less than two years old;
• the certifier must be a person recognised by the Secretary of Labour for this purpose.

Under the Boilers, Lifts and Cranes Act 1950, certification was required every year, but this Rule continues the change made in the Land Transport (Traction Engine Safety) Regulations 2006.

10. Why must drivers and operators be licensed?

Section 22B(1)(b) of the Act specifies that a person using a traction engine in a public place must be legally permitted to drive a motor vehicle. The Rule reinforces that requirement by requiring every person using a traction engine (even if stationary but under steam) to hold a valid driver licence (of any class).

11. What qualifications are required for persons in charge of a traction engine?

A person in charge of a stationary vehicle is required to hold a full Class 1 driver licence, as well as an approved qualification for operating steam pressure equipment. When the vehicle is in motion, any person in charge is also required to hold a specialist qualification for driving a traction engine.

Usually, a traction engine in motion has a crew of two persons, both of whom need to be suitably qualified. The Rule defines an ‘engine driver’ (in this context, the person in charge of the steam equipment) and a ‘steerer’ (the person using the steering wheel).

A person without the appropriate steam qualifications may drive or steer provided they have a valid driver licence (of any class) and are supervised by person who holds the required qualifications.

Any person operating a traction engine must carry their driver licence and a copy of their specialist qualifications with them when operating a traction engine and produce these on demand to an enforcement officer.

12. Are the qualifications in the Rule different from those previously required?

Yes. They are less onerous that those specified in the 2006 Regulations, which required anyone using a traction engine to hold a Class 2 driver licence.

13. What are the penalties for using a traction engine in a public place without the appropriate qualification or without displaying the current certificate of inspection?

The offences that could be heard by a court are listed in section 36B of the Act. They include using a traction engine in an dangerous manner, as well as not having evidence of inspection or the appropriate user qualifications. The maximum fine on conviction is $5,000. Most offences, however, can be dealt with by an infringement notice (a roadside “ticket”) and carry lower penalties.

14. What is the statutory basis of the Rule?

Sections 155, 158 and 159, respectively, of the Act provide for the Minister of Transport to make Land Transport Rules that:

• provide for the periodical or other examination of traction engines and the issue of a certificate of compliance for boilers and other pressure vessels;
• provide for the approval of qualifications and specify conditions for the safe use of traction engines; and
• require that a land transport document be held by or in respect of vehicles, road users or other persons who provides services in the land transport system.

In addition, section 22C of the Act, requires that traction engines be operated in compliance with Rules made under the Act.

15. How will the NZ Transport Agency make sure people know their responsibilities under the Rule?

To raise awareness of this law change, information for affected stakeholders and industry groups will be distributed when the Rule is signed.

16. How can I obtain a copy of the Rule?

A copy of the Rule will be available for purchase from selected bookshops that sell legislation or direct from Wickliffe Limited, telephone (06) 358 8231.

Final rules are available on our website.

17. How can I obtain further information about the Rule?

Further information about the amendment Rule may be obtained by calling the NZ Transport Agency Contact Centre on Freephone 0800 699 000.

Page created: 24 February 2010