Land Transport Rule

Work Time and Logbooks Amendment 2010

Rule 62001/2

Note: This Rule should be read in conjunction with the consolidated version of Land Transport Rule: Work Time and Logbooks 2007, which includes previous Rule amendments.

Contents

Objective of the Rule

Extent of consultation

Section 1     Application

Section 2     Amendment of Rule requirements

Section 3     Amendments to Definitions

Section 4     Amendments to the Schedule


Objective of the Rule

Land Transport Rule: Work Time and Logbooks Amendment 2010 amends Land Transport Rule: Work Time and Logbooks 2007 (the Rule), which sets out how the limits to work time hours prescribed in the Land Transport Act 1998 are administered for vehicles that require a Class 2, 3, 4 or 5 licence, vehicles used in a transport service (other than a rental service) and vehicles used to transport goods for hire or reward.

The objective of the amendment Rule is to make a number of changes that address issues raised by industry groups, and by the New Zealand Police, about the way in which variations of work time requirements are dealt with for specific services or in particular situations.

The amendment Rule:


Extent of consultation

Formal consultation on the draft amendment Rule began in January 2009 with the release by the NZ Transport Agency (NZTA) of the public consultation (yellow) draft for public comment on the proposed changes. The NZ Transport Agency notified about 700 groups and individuals who had registered an interest in the Rule, by letter or email, of the availability of the yellow draft, and copies were sent to key industry and other groups. The yellow draft was made available through the NZ Transport Agency's Contact Centre and, together with Questions and Answers, was available on the NZ Transport Agency's website.

The availability of the draft amendment Rule was publicised in the metropolitan daily newspapers in Auckland, Hamilton, Wellington, Christchurch and Dunedin and selected regional daily newspapers, and in the New Zealand Gazette.

The NZ Transport Agency received 29 submissions on the draft amendment Rule. The submissions were taken into account in redrafting the amendment Rule before it was submitted to Cabinet, and then signed by the Minister of Transport.


Section 1     Application

1.1     Title

This Rule is Land Transport Rule: Work Time and Logbooks Amendment 2010.

1.2     Date when Rule comes into force

This Rule comes into force on 1 April 2010.

1.3     Scope of Rule

This Rule amends Land Transport Rule: Work Time and Logbooks 2007.


Section 2     Amendments of Rule requirements

2.1     Particular situations

Ferries

2.1(1)     Subclause 2.2(2) is amended by substituting “The actual departure and arrival times of the ferry” for “Ferry departure and arrival times”.

2.1(2)     Subclause 2.2(3) is amended by inserting the following example at the end of the subclause:

Example:

“A driver commences work at 7.00 am. He takes a lunch break of 30 minutes at midday, and arrives at the ferry terminal at 5.30 pm, to catch a ferry sailing scheduled for 6.30 pm. The ferry is delayed, and does not leave until 7.00 pm. The time between 5.30 and 6.30 (when the truck is parked) is counted as rest time. The time taken to drive the vehicle onto the ferry, and secure it (6.30 - 7.00), is counted as work time. The sailing time (departing at 7.00 pm, docking at 10.30), is counted as rest time. The driver then takes the truck to a secure yard, finishing work for the day before 11.30 pm. The driver must then take a 10-hour break and can legally recommence driving at 9.30 am the next day. Total work time hours in this example are 11½. The allowance for the ferry crossing enables the driver to cease work 16½ hours after commencing work. The normal limit is 14 hours.”

Worktime and logbooks example.

Emergency services

2.1(3)     Subclause 2.2(5) is amended by inserting “, or a rest break may be deferred,” after “exceeded”.

2.1(4)     Clause 2.2 is amended by inserting the following subclause:

Essential service drivers

2.1(5)     Subclause 2.2(9) is amended by:

2.1(6)     Clause 2.2 is amended by inserting the following subclauses in the appropriate places:

2.1(7)     Subclause 2.2(15) is amended by substituting “14C” for “14”.

2.1(8)     Subclause 2.2(16) is amended by substituting “14C” for “14”.

2.2     New Zealand Defence Force

2.2(1)     Subclause 2.4(2) is amended by inserting “or a visiting force” after “New Zealand Defence Force”.

2.2(2)     Clause 2.4 is amended by substituting the following for 2.4(3):

2.3     Short-term variation of hours

Subclause 2.5(1) is amended by inserting “, a person who employs drivers subject to work time requirements, or the organiser of a public display or event,” after “a transport service operator”.

2.4     Who must use logbooks

Clause 3.1 is amended by substituting the following paragraph for paragraph (a):

2.5     Period in which a logbook must be maintained

2.5(1)     Clause 3.2, Example 1 is amended by substituting “Wednesday 5 June” for “Wednesday 3 June”.

2.5(2)     Clause 3.2, is amended by substituting the following for Example 2:

Example 2:

“Another driver has Sunday 2 June off, starts work on Monday 3 June, and finishes the last page of the previous logbook on Thursday 6 June. A new logbook is used from Friday 7 June. His next 24-hour break is on Sunday 9 June. The ‘old’ logbook and ‘new’ logbook must be carried by the driver until Sunday 9 June – after that point, the ‘new’ logbook will show the most recent 24-hour break.”

2.6     General requirement to maintain logbooks

Subclause 4.1(1) is amended by inserting “the details prescribed in 5.2(2) or 5.2(2A) for” after the words “A driver must record”.

2.7     Emergency services and New Zealand Defence Force

Subclause 4.3(1) is amended by inserting “or a visiting force” after “New Zealand Defence Force”.

2.8     Exemptions by vehicle type

Subclause 4.4(2) is amended by inserting “, tractor, and other self-propelled agricultural machinery” after “agricultural harvester”.

2.9     Exemptions by vehicle service

Vehicle recovery service vehicles

Subclause 4.5(2) is amended by substituting “a record” for “an equivalent record”.

2.10     General exemptions by situation

Aircraft refuelling

Subclause 4.6(4) is amended by omitting “that does not travel on a road, or”.

2.11     Form of the logbook

Clause 5.1 is amended by inserting the following subclause:

2.12     Mandatory requirements

2.12(1)     Clause 5.2 is amended by inserting the following subclause:

2.12(2)     Subclause 5.2(4) is amended by inserting “, 5.2(2A)” after “5.2(2)”.


Section 3     Amendments to Definitions

3.1     Amendments to Definitions

Part 2 is amended by:


Section 4     Amendments to the schedule

4.1     Amendments to the Schedule

4.1(1)     Part 1 of the Schedule is amended by substituting “in any cumulative work day” for “in any 24 hours” in the general use and taxi logbook forms.

4.1(2)     Part 2 of the Schedule is amended in clause 2.2 by substituting the following row for the row relating to book code:

“Book Code Code reproduced on every page of, and unique to, this logbook.

Must consist of a prefix and suffix (eg, ABC-12345) where:
  • • the prefix is allocated by the Agency to designate the printer or other company producing the logbook; and
  • • the suffix consists of letters or numbers allocated by the printer to distinguish this logbook.”

Land Transport Rule: Work Time and Logbooks Amendment 2010 - Rule 62001/2
NZ Transport Agency, Waka Kotahi