Land Transport Rules - questions & answers

Omnibus Amendment 2012

1. What is the Omnibus Amendment Rule 2012?

Land Transport Rule: Omnibus Amendment 2012 is a public consultation document for the purposes of notifying proposals to change requirements in a number of existing Land Transport Rules.

2. Why are changes made by way of an Omnibus Amendment Rule?

Omnibus Amendment Rules provide a means for consulting on relatively straightforward Rule changes that are mainly of a technical or editorial nature, or that originate, for example, from the need to reflect current industry best practice or changes to other legislation. Changes made through this process should not impose any significant compliance requirements or costs on government, industry or the public.

3. What are the amendment Rules resulting from Omnibus Amendment 2012?

The amendment Rules are:

• Land Transport (Driver Licensing) Amendment Rule 2012(external link) (PDF) (Rule 91001/9);
• Land Transport Rule: External Projections Amendment 2012(external link) (Rule 32008/2);
• Land Transport Rule: Glazing, Windscreen Wipe and Wash, and Mirrors Amendment 2012(external link) (Rule 32012/4);
• Land Transport Rule: Operator Licensing Amendment 2012(external link) (Rule 81001/7);
• Land Transport (Road User) Amendment Rule 2012(external link) (PDF) (Rule 61001/7);
• Land Transport Rule: Traffic Control Devices Amendment 2012(external link) (Rule 54002/6);
• Land Transport Rule: Vehicle Dimensions and Mass Amendment 2012(external link) (Rule 41001/7);
• Land Transport Rule: Vehicle Equipment Amendment 2012(external link) (Rule 32017/5);
• Land Transport Rule: Vehicle Lighting Amendment 2012(external link) (Rule 32005/6);
• Land Transport Rule: Work Time and Logbooks Amendment 2012(external link) (Rule 62001/5).

4. How did these amendment Rules originate?

These amendment Rules were consulted on in Land Transport Rule: Omnibus Amendment 2012 (the Omnibus Amendment Rule).

Following consultation, the provisions in the Omnibus Amendment Rule were split into 10 separate amendment Rules for signing and publication.

5. What are the reasons for the amendments being made?

The changes to Land Transport Rules were necessary for a variety of reasons. These include:

• clarifying or modifying current requirements to assist understanding and enforcement;
• amending requirements or removing unnecessary or unintended requirements to reduce the burden of compliance (without diminishing safety standards);
• amending requirements to accord with current practices and technology;
• updating vehicle standards requirements to ensure that vehicles continue to be operated safely or to allow vehicles to comply with acceptable standards that, to date, have not been incorporated into Rules;
• amending definitions of terms used in Rules to align with other legislation including other Rules.

6. What changes have been made in the amendment Rules?

Land Transport (Driver Licensing) Amendment Rule 2012

The amendment Rule:

• replaces, in the definition of ‘moped’, reference to the repealed section 233(1) of the Land Transport Act (the Act), with reference to section 2 of the Act;
• updates the Driver Licensing Rule by adding a personal guard under contract to the Ministry of Social Development to the list of drivers who do not have to hold a passenger endorsement when driving a vehicle transporting lawfully detained persons;
• changes the reference from ‘police officer’ to ‘police employee’ and add a definition of the latter term to the Driver Licensing Rule;
• requires that driver licences display the full name of the licence holder, unless it is impracticable to display the name in full on the driver licence;
• clarifies that subclause (2) of clause 81 refers to all endorsements rather than only to driving instructor (I) endorsements.

7. When do these amendment Rules come into force?

All the amendment Rules come into force on 1 November 2012 (except Land Transport Rule: Vehicle Dimensions and Mass Amendment 2012 which will come into force on 1 December 2012). Until the amendment Rules come into force, the current requirements continue to apply.

8. Was the public consulted on the amendments?

Yes. On 16 May 2012, the NZ Transport Agency advised about 2500 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 Omnibus Amendment Rule and a summary of the proposed changes were made available on request. The Omnibus Amendment Rule and information material were also available on the NZ Transport Agency’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 NZ Transport Agency received 27 submissions on the amendment proposals. The submissions were taken into account in preparing the amendment Rules for signing.

The NZ Transport Agency subsequently undertook consultation on the amendment to Schedule 7 of the Vehicle Dimensions and Mass Rule allowing overdimension motor vehicles exceeding 4.7 m in height to use the southern section of the Auckland Southern Motorway. This proposal was notified to interested parties and was made available on the NZ Transport Agency’s website on 14 September 2012. A notice of the proposal was also published in the New Zealand Gazette. The NZ Transport Agency received seven submissions on the proposed amendment and these were taken in to account in preparing the amendment Rule.

9. 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 NZ Transport Agency under contract to the Ministry of Transport and, like regulations, have the force of law.

10. Where can I get copies of the 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.

All Rules except the Driver Licensing and Road User Rules can also be purchased from the Rule printers and distributors, Wickliffe Solutions, PO Box 932 Dunedin or by telephoning (06) 358 8231. The Driver Licensing and Road User Rules are available from Legislation Direct (telephone 568 0005).Rules can also be inspected at the National Office and regional offices of the NZ Transport Agency.

11. How will the NZ Transport Agency make sure people know about the amendment Rules?

A newsletter outlining the Rule changes is sent to the groups and individuals who have registered their interest in Rules that have been amended. Where necessary, the NZ Transport Agency will advise relevant industry groups of the changes. It will also update any relevant factsheets or other information material available on its website to reflect the changes brought about by the amendment Rules.

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

Further information about the amendment Rules can be obtained by calling the NZ Transport Agency’s Contact Centre on 0800 699 000.