Land Transport Rule

Vehicle Dimensions and Mass Amendment 2014

Rule 41001/10

Note: This Rule should be read in conjunction with the consolidated version of Land Transport Rule: Vehicle Dimensions and Mass 2002, which includes previous Rule amendments.

Wellington, New Zealand

PURSUANTto sections 152, 155(a) and 159 of the Land Transport Act 1998, and after having had regard to the criteria specified in section 164(2) of that Act

I, Michael Woodhouse, Associate Minister of Transport, make the following ordinary Rule:

Land Transport Rule: Vehicle Dimensions and Mass Amendment

SIGNED At Dunedin

This 24th day of August 2014


Contents

Objective of the Rule

Extent of consultation

Part 1     Rule Requirements

Section 1     Application

Section 2     Amendments to Rule requirements

Section 3     Amendment to Definitions

Section 4     Amendments to Schedules

Part 2     Schedules

Schedule 1     Schedule 3 replaced

Schedule 2     New Schedule 10 inserted


Objective of the Rule

Land Transport Rule: Vehicle Dimensions and Mass Amendment 2014 (the amendment Rule) amends Land Transport Rule: Vehicle Dimensions and Mass 2002 (the Vehicle Dimensions and Mass Rule). The Vehicle Dimensions and Mass Rule provides a regulatory regime, so that heavy vehicles, in particular, truck and trailer combinations, can operate safely.

The objective of the amendment Rule is to:

Extent of consultation

Formal consultation on the draft amendment Rule began with the release of the public consultation document on 27 February 2014. The NZ Transport Agency sent details of the proposed amendments to the Vehicle Dimensions and Mass Rule by letter or email to approximately 1474 groups and individuals who had registered an interest in the Vehicle Dimensions and Mass Rule.

The consultation document was made available through the NZ Transport Agency’s Contact Centre and, together with Questions and Answers, was also available on the NZ Transport Agency’s website. The availability of the consultation document for comment was publicised in the metropolitan daily newspapers in Auckland, Hamilton, Wellington, Christchurch and Dunedin and in the New Zealand Gazette.

The NZ Transport Agency received 16 submissions on the proposals to amend the Rule and the related offences provision. The submissions received were taken into account in finalising the draft Rule following which it was submitted to the Associate Minister of Transport for signing.

Part 1     Rule Requirements

Section 1     Application

1.1     Title

This Rule is Land Transport Rule: Vehicle Dimensions and Mass Amendment 2014.

1.2     Commencement

This Rule comes into force on a date to be notified in the Gazette by the Minister in accordance with section 160(3) of the Act.

1.3     Principal Rule amended

This Rule amends Land Transport Rule: Vehicle Dimensions and Mass 2002 (the principal rule).

Section 2     Amendments to Rule requirements

2.1     Transitional provisions affecting application of amendments to this Rule

After clause 1.4, insert:

“1.4A     Transitional provisions affecting application of amendments to this Rule

“The transitional, savings, and related provisions set out in Schedule 10 have effect according to their terms.”.

2.2     Axle requirements for heavy motor vehicles

In clause 4.2(8), replace “large single-tyred axle” with “single large-tyred axle”.

2.3     Road mass limits

In clause 4.5(1A) replace “in Part B of Schedule 2” with “specified on the permit”.

2.4     Permits for overweight vehicles transporting indivisible loads

2.4(1)     Replace clause 5.1(3), with:

“5.1(3)     A vehicle operating under a permit issued under 5.1 must comply with the following critical conditions:

    “(a)     the gross mass of the vehicle must not exceed the maximum gross mass specified in the permit; and

    “(b)    the gross mass of the vehicle must not exceed the gross vehicle mass, gross combination mass, maximum towed mass or brake code mass if any of these limits apply to the vehicle; and

    “(c)    the vehicle must comply with all bridge restrictions specified in the permit.”.

2.4(2)     Replace clause 5.1(4), with:

“5.1(4)     A permit issued under 5.1 may specify the following additional conditions:

    “(a)     the number of trips the vehicle is allowed to make;

    “(b)    restrictions on the vehicle’s speed;

    “(c)    restrictions relating to weather conditions;

    “(d)   the type and amount of the load transported;

    “(e)   the times of the day during which the vehicle may be operated;

    “(f)   any other conditions under which the vehicle may be operated.”.

2.4(3)     After clause 5.1(4), insert:

“5.1(5)     A vehicle operating under a permit issued under 5.1 must comply with the following conditions:

    “(a)     any individual axle mass, any axle set mass and the mass on any two or more axles must not exceed the limits that are specified in the permit or, if not specified, that are prescribed in the applicable table in Part A of Schedule 2; and

    “(b)    the vehicle must, if required under the Road User Charges Act 2012, have a current licence issued under that Act (including any licence required by section 12 of that Act); and

    “(c)    any additional condition in 5.1(4) that is specified in the permit form.

“5.1(6)     A permit issued under this clause must:

    “(a)   be carried in the vehicle for the period of travel covered by the permit; and

    “(b)   be produced for inspection on demand to an enforcement officer, or an authorised agent of the Agency or a road controlling authority.”.

2.5     Permits for high-productivity motor vehicles

2.5(1)     Replace clause 5.2(6)(a) with:

    “(a)     the permit may specify axle, axle set or gross mass limits of not more than the weight limits prescribed in Part B of Schedule 2; and”.

2.5(2)     Replace clause 5.2(6)(b) with:

    “(b)     if the permit allows the vehicle to exceed a gross mass of 39,000 kg, the towing vehicle must have two motor-driven axles in a tandem axle or tri-axle set, or three motor-driven axles in a tri-axle set; and”.

2.5(3)    After clause 5.2(6), insert:

“5.2(6A)     A vehicle operating under a permit issued under 5.2 (2) or (3) must comply with the following critical conditions:

    “(a)    the gross mass of the vehicle must not exceed the maximum gross mass specified in the permit; and”.

    “(b)    the gross mass of the vehicle must not exceed the gross vehicle mass, gross combination mass, maximum towed mass, or brake code mass if any of these limits apply to the vehicle; and

    “(c)    the vehicle must comply with all bridge restrictions specified in the permit.”.

2.5(4)     Replace clause 5.2(7)(a) with:

    “(a)    any individual axle mass, any axle set mass, and the maximum sum of mass on any two or more axles must not exceed the limits that are specified in the permit or, if not specified in the permit, the applicable mass limit in Part A of Schedule 2; and”.

2.5(5)     Replace clause 5.2(7)(b) with:

    “(b)    the vehicle must comply with any dimension variation from Table 4.1 that is specified in the permit, or if not specified in the permit, the dimension requirements in Table 4.1; and”.

2.5(6)     Replace clause 5.4 with:

    “5.4 Form of a permit

    “5.4(1)     A permit issued under 5.1 or 5.2 must:

        “(a)     include the information specified in Part 1 of Schedule 3; and

        “(b)     include any additional conditions imposed by the Agency or the road controlling authority under 5.1(4), 5.2(5) or 5.2(8); and

        “(c)     be signed by a duly authorised officer of the road controlling authority.

    “5.4(2)     A permit may include the information specified in Part 2 of Schedule 3.”.

2.5(7)     After clause 5.4, insert:

    “5.4A Validity of a permit

    “5.4A(1)    A permit issued under 5.1 or 5.2 is invalid if it is altered without the authority of the Agency or the road controlling authority.

    “5.4A(2)     A permit only applies to the vehicles identified in the permit.

    “5.4A(3)    A permit may only be used by the person identified as the operator in the permit.”.

2.5(8)     After clause 5.7, insert:

    “5.8 Weighing tolerances

    “5.8(1)    For the purposes of determining compliance with 5.1(3) and 5.2(6A), a vehicle is deemed to comply with a specified gross mass limit if the gross mass of the vehicle recorded or calculated exceeds the mass limit by not more than 500 kg.

    “5.8(2)    For the purposes of determining compliance with 5.1(3)(c), 5.1(5)(a), 5.2(6A)(c) and 5.2(7)(a),a vehicle is deemed to comply with a specified axle mass limit if the axle mass of the vehicle recorded or calculated exceeds the specified mass limit by, in the case of:

    “(a)     an individual axle, not more than 500 kg; and

    “(b)    a twin-steer axle set on a powered vehicle, not more than 500 kg; and

    “(c)    any axle set other than one in (b), not more than 1000 kg; and

    “(d)    any two or more axles that together do not constitute a single tandem axle set, single tri-axle set or single quad-axle set, not more than 1000 kg.”.

2.6     Hazard warning panels

In clause 6.10(1C)(a), replace “mm” with “cm”.

Section 3    Amendment to Definitions

3.1     Amendment to definition

In the definition of ‘Load-sharing axle set’, paragraph (b), replace “large single-tyred axle” with “single large-tyred axle” in all three places in which it occurs.

Section 4    Amendments to Schedules

4.1    Schedule 3 replaced

Replace Schedule 3 with the Schedule 3 set out in Schedule 1 of this Rule.

4.2    New Schedule 10 inserted

After Schedule 9, insert the Schedule 10 set out in Schedule 2 of this Rule.

Part 2     Schedules

Schedule 1:  Schedule 3 replaced [Ref. 4.1]

Schedule 3

Ref. 5.4(1)

Part 1: Mandatory (unless otherwise noted)

Permit identification

Name of Issuing Agency
Purpose of permit
Permit Number
This permit is issued under section 5 of Land Transport Rule: Vehicle Dimensions and Mass 2002.

Identify holder and vehicle(s)

Identity of operator
TSL number if held

Identity of vehicle(s)

Description of Vehicle(s) and load
Vehicle configuration
Load description (if permit issued under clause 5.1)

Permit limits

Axle and tyre configuration
Axle weights
VAI (if permit issued under clause 5.1)
Maximum permitted gross weight
Length(if variation is approved under clause 5.2(4))

Routes
Routes
Bridge Restrictions (if limits placed on specified structures)
Permit type
Permit commences (date) and expires (date)

Critical Conditions

The vehicle must not:

1. exceed the maximum permitted gross weight stated on this permit

2. exceed design limits, such as GVM

3. breach a travel restriction or requirement for a specified bridge or culvert.

Additional Conditions:

Conditions added by the road controlling authority, under clause 5.1(4) or 5.2(8). For example:
This permit must be accompanied by any secondary documents describing available routes (if applicable).

Requirement to observe permit conditions

A breach of weight limits specified on this form, or any permit condition, is an offence as provided in the Land Transport (Offences and Penalties) Regulations 1999.

Permit is invalid if:

1. the vehicle is off-route, unless directed to do so by NZ Police or the road controlling authority

2. the permit is altered without authority

3. the vehicles or persons operating the vehicles are not those described on the permit.

Revocation

This permit can be revoked, under clause 5.6 of the Rule.

Authorised By:

Position Title
Name
Date
Signature
On behalf of (Name of road controlling authority)

Part 2:

Notes other than permit conditions, such as:

  1. If the vehicle is operating overwidth, it needs to meet the requirements of section 6 of the VDAM Rule, which may require obtaining an additional permit for that purpose.

Part 3: Instructions for permit content

Field

Notes

Name of Issuing Agency

Name OR Logo of Agency or road controlling authority as appropriate

Purpose of permit

Indivisible overweight, OR HPMV (mass, dimension or both)

Permit Number

Issued by road controlling authority

Identity of operator

The holder of the permit

Ttransport Service Licence number

Must be included if the person holds a transport services licence

Identity of vehicle(s)

Must use registration no(s) if held, OR VIN no(s) if not yet held (for example, approval of over-length trailer prior to registration)

Vehicle configuration

Brief description: for example, B-train

Load description

Only required if the permit is issued under clause 5.1 (indivisible overweight). This can be either a vehicle description (for example, forage harvester) or load description (for example, large bulldozer)

Axle and tyre configuration

Use a diagram showing arrangement of axles and dimensions for the vehicle(s) AND/OR a table showing details. Must include tyre arrangements (for example, single or dual) and sizes for each axle.

Axle weights

Permitted weights can be described by reference to Part A OR Part B of Schedule 2 OR by specifying individual axle limits.

VAI (Vehicle Axle Index)

Must be stated if the permit is issued under clause 5.1; optional if HPMV mass permit.

Maximum permitted gross weight

Expressed in kg. Must be stated, even if the permit does not exceed the gross mass limits stated in the Rule (for example, 44 tonnes for over-length HPMV)

Length

Expressed in metres. Only required IF Agency has issued approval to exceed standard dimension limits for HPMV

Routes

EITHER general access OR by specification of routes or operating areas OR by reference to an external source (such as a book of maps) OR by exclusion OR a combination of these descriptions.

Bridge Restrictions

Only required where specified structures require lower load limits or speed/ position directions.

Permit type

Continuous (includes area permits) OR single trip OR multiple trip

Permit dates

Must include start date (usually date of issue) AND an expiry date

Schedule 2: New Schedule 10 inserted [Ref. 4.2]

Schedule 10 Ref. 1.4A

Transitional provisions affecting application of amendments to this Rule

Provisions relating to Land Transport Rule: Vehicle Dimensions and Mass Amendment 2014

1.     Transitional provisions for current permits

    (a)     This clause applies to permits issued under section 5 of the principal rule that are current immediately before the date on which Land Transport Rule: Vehicle Dimensions and Mass Amendment 2014 came into force.

    (b)     A permit in 1(a) is deemed to comply with Schedule 3 of the principal rule, as amended by Land Transport Rule: Vehicle Dimensions and Mass Amendment 2014, and continues to be valid until it expires unless it is replaced or revoked.

    (c)     A condition in a permit in 1(a) that causes that permit to be void, or of no effect, if any of its conditions are breached is ineffective.

    (d)     Any additional conditions specified in a permit in 1(a) by the issuing road controlling authority are valid additional conditions.

    (e)     For the avoidance of doubt, offences and penalties set out in the Land Transport (Offences and Penalties) Regulations 1999 apply as if the form of a permit in 1(a) complied with Schedule 3 of the principal rule as amended by Land Transport Rule: Vehicle Dimensions and Mass Amendment 2014.

    (f)     For the avoidance of doubt, the conditions in 5.1(3), 5.1(5), and 5.1(6) or 5.2(6A), 5.2(7)(a), 5.2(7)(b) (as applicable) and 5.4A of the principal rule, as amended by Land Transport Rule: Vehicle Dimensions and Mass Amendment 2014, are deemed to be included in a permit in 1(a).

Land Transport Rule: Vehicle Dimensions and Mass Amendment 2014 - Rule 41001/10
NZ Transport Agency, Waka Kotahi