Overview

Land Transport Rules are law produced by the NZ Transport Agency for the Minister of Transport. This is the public consultation (yellow) draft of Land Transport Rule: Work Time and Logbooks Amendment 2017 (Rule 62001/7).

If you wish to comment on this draft Rule, please see the information about making a submission in the accompanying explanatory material. The deadline for submissions is Friday 18 November 2016.

Contents

Section 1 Application

• 1.1 Title
• 1.2 Commencement
• 1.3 Principal Rule amended

Section 2 Amendments to Rule requirements

• 2.1 Rest breaks: driver categories
• 2.2 Secondary or parallel employment
• 2.3 Form of the logbook
• 2.4 Managing the record

Section 3 Amendments to  Definitions

• 3.1 Amendments to Definitions

Section 4 Amendment to Schedule

• 4.1 Amendment to Schedule

Section 1 Application

1.1 Title

This Rule is Land Transport Rule: Work Time and Logbooks Amendment 2017.

1.2 Commencement

This Rule comes into force on [date to come].

1.3 Principal Rule amended

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

Section 2 Amendments to Rule requirements

2.1 Rest breaks: driver categories

2.1(1) After clause 2.1(1), replace the heading “Taxis” with “Driver of a vehicle used in a small passenger service”.

2.1(2) After clause 2.1(1), replace “[Note: “Taxi” is defined by reference to the Act.]” with “[Note: “small passenger service vehicle” is defined by reference to the Act.]”.

2.1(3) In clause 2.1(2), replace “taxi driver” with “driver of a vehicle used in a small passenger service”.

2.1(4) Replace clause 2.1(3) with:

2.1(3) Work time, for a driver of a vehicle used in a small passenger service, includes time spent—

• (a) waiting for a hire while the vehicle is parked in an area designated for use by small passenger service vehicles; and
• (b) cruising for hire; and
• (c) carrying out administrative work.

2.1(4) Delete clause 2.1(4).

2.1(6) In clause 2.1(10), replace “taxi” with “vehicle used in a small passenger service”.

2.2 Secondary or parallel employment

In the example after clause 3.3, replace “taxi” with “vehicle used in a small passenger service”.

2.3 Form of the logbook

Replace clause 5.1(5) with:

• 5.1(5) A person who drives a vehicle subject to work time requirements must use an approved logbook form.

2.4 Managing the records

2.4(1) Replace clause 5.5(2) with:

• 5.5(2) An employed driver or, in the case of a small passenger service, a driver who is facilitated to drive by a small passenger service operator must remove each ‘record’ copy at the end of a cumulative work period and hand it to their employer or facilitator within 14 days of the date of the record being made.

2.4(2) Replace the Note after clause 5.5(3) with:

• [Note: an employer or transport service operator must retain records provided by a driver under 5.5(2) for a period of 12 months from the date the record was made, as required by section 30ZH(1)(b) of the Act.]
  

Section 3 Amendments to Definitions

3.1 Amendments to Definitions

3.1(1) In Part 2 Definitions, insert the following definition in its appropriate alphabetical order:

• facilitator has the same meaning as in section 2(1) of the Act
• small passenger service has the same meaning as in section 2(1) of the Act

3.1(2) In Part 2 Definitions, definition of ‘Short fare’, delete “taxi”.

3.1(3) In Part 2 Definitions, delete the definition of ‘taxi’.

3.1(4) In Part 2 Definitions, definition of ‘tow authority’, replace “10.9(2) of Land Transport Rule: Operator Licensing 2007” with “5.8(2) of Land Transport Rule: Operator Licensing 2017”.

3.1(5) In Part 2 Definitions, definition of ‘Unique Identifier’, replace “Land Transport Rule: Operator Licensing 2007” with “Land Transport Rule: Operator Licensing 2017”

Section 4 Amendment to Schedule

4.1 Amendment to Schedule

In Part 3 Schedule, Part 1 Prescribed forms, clause 1.2, replace “Taxi logbook form” with “Logbook form for use with small passenger service vehicles”.