(See Land Transport Rule: Vehicle Dimensions and Mass 2016)
The rule covers requirements for dimension and mass limits to enable vehicles, in particular, heavy truck and trailer combinations, to be operated safely on New Zealand’s roads.
Note: Both of these pages will also provide links to the consultation material – such as summary of submissions and FAQs (questions and answers) – for each version and amendment.
Questions and answers are provided to accompany a new rule or amendment when they are signed. These and other consultation documents on this page have not been updated to take into account any later rule amendments and are retained for historic interest only.
The Land Transport Rule: Vehicle Dimensions and Mass Amendment 2014 (the amendment Rule) has been signed into law by Hon Michael Woodhouse, the Associate Minister of Transport. This Rule makes changes to the principal Rule: Land Transport Rule: Vehicle Dimensions and Mass 2002 (the Vehicle Dimensions and Mass (VDAM) Rule).
The amendment Rule changes the overweight vehicle and high-productivity motor vehicle permit systems. The changes:
The amendment Rule sets out circumstances where the permit has no effect (such as the vehicle operating outside an area described in the permit). The permit form has also been revised. The previous practice of ‘voiding’ a permit for any breach of a condition is discontinued, however, the power to revoke a permit remains.
The changes will be supported by changes to the Land Transport (Offences and Penalties) Regulations 1999 (the Offences Regulations) which:
The previous regulatory framework created situations where permit holders incurred very high penalties for relatively minor breaches of permit conditions. Feedback from the road freight industry suggested that the risk of incurring these fines was discouraging the uptake of HPMV permits and therefore, the safety and efficiency benefits originally envisaged by their introduction in 2010.
Also, the previous regulatory framework didn’t provide an equivalent level of penalty for operators who operated illegally overweight. Illegal overloading creates significant costs for public infrastructure and can create a safety risk. The changes are designed to encourage safer, more productive choices and discourage illegal behaviour.
There are three sets of penalties, which align to the severity the offence:
Yes. Previously, the permit issued to operators said that it was void if ANY condition was breached. For loads well over the standard weight limits, this may have meant very heavy fines for minor breaches that represented a lesser risk to infrastructure and safety. Once the amendment Rule comes into force, this wording on a permit form will have no effect.
Bridge restrictions only apply where the permit specifies that there are restrictions in place. These may be a limit on the allowable maximum weight of the vehicle crossing the bridge, or a requirement to reduce speed for crossing that structure. As a publicly-owned asset, bridges that have limited carrying capacity have to be protected from excess wear and, in some instances, structural damage from overweight vehicles.
The level of fine for overloading is set out in the Offences Regulations and increases proportionally as the recorded weight increases above the applicable maximum weight limit.
If the permit isn’t valid, then the weight limits set in the VDAM Rule will be applied (e.g. a maximum gross weight of 44 tonnes for most truck and trailer combinations).
If the permit is valid, then the weight limits to be applied by NZ Police are those stated on the permit form.
No.
Most tolerances haven’t changed, but there are some differences. The 1.5 tonne tolerance for vehicles operating at more than 33 tonnes without a permit remains. However, the previous 3 tonne tolerance for vehicles over 60 tonnes is removed. New tolerances of 500 kg, for steering axles and gross mass, and 1000 kg, for other load-sharing axle groups, will apply to all vehicles operating under an overweight indivisible load permit or a HPMV permit.
Vehicles operating at weights above the general limit have to operate under tighter margins since they’re imposing higher demands on the infrastructure (roads and bridges). The changes reduce applicable penalties for offences, but the reduced tolerance makes it clear that permit holders are expected to meet higher standards in the interests of protecting publicly-owned infrastructure and safety.
What happens to vehicles not operating under a permit that are detected as over-weight?
The amendment to the Offences Regulations will increase fines. The ‘entry’ fine (e.g. less than 500 kg overweight on a single axle after tolerances have been applied) has increased from $150 to $350. The new fine scale then increases proportionally, but the top level fines remain unchanged.
There are two main groups who will be interested in the changes to the VDAM Rule and the Offences Regulations:
A date for the changes to come into effect hasn’t been determined yet, but it’s likely to be in early 2015. The changes take effect on 8 July 2015. While the Rule has been signed, the changes also require an A related amendment to the Offences and Penalties Regulations will also come into force on this date. This is being prepared.
You can continue to use old permits until they expire, are revoked or replaced, but the new penalties apply from the date that the amendment Rule comes into effect.
Yes, the changes to the VDAM Rule require new forms. However, the new Schedule 3 is largely modelled on permits currently in use. The main change is that the critical permit conditions have been specified, and the reference to the ‘voiding’ of a permit has been removed.
The previous permit form had been in place since 1976 (it was copied over from the heavy vehicle regulations) and it wasn’t meeting the needs of permitting vehicles for HPMV operation.
The amendment Rule states that ‘current’ permits can continue to be used until they expire, are revoked or replaced. So they don’t need to be replaced immediately. However, only new permit forms will be issued after the amendment Rule comes into effect.
The new Schedule looks quite different from the old one, but road controlling authorities have been adding their own specific requirements to permit forms over the years, and the new forms reflect current practice. The Transport Agency will provide technical guidance and templates (both simple and complex) for using the new forms.
The new permit format does allow for some flexibility. For example, not all permits need to have detailed axle limit tables. The new forms are designed to put all the critical information that the operator of the vehicle and NZ Police need into a logical order.
The amendment Rule continues the practice of allowing road controlling authorities (RCAs) to set appropriate conditions on permits. Under the changes, these are now described as ‘additional’ conditions. To ensure consistent application of the law across New Zealand, RCAs can’t add critical conditions to those set out in the amendment Rule.
Yes - this is the intention of the changes. It’s likely that this increase will continue the current trend of increased interest from industry in moving heavy road freight onto more efficient HPMVs. To help manage any increase, the Transport Agency is working with RCAs and the road freight industry to manage the transition.
The consultation document (including a draft of the amendment Rule) was released for public comment on 27 February 2014. Its availability was advertised in major daily newspapers and in the New Zealand Gazette. 1474 groups and individuals who registered their interest in the VDAM Rule were directly advised that the consultation document was available for comment. The Transport Agency received 16 submissions on the proposed changes, which were taken into consideration in finalising the draft Rule.
Groups representing freight operators noted that for permitted vehicles the 500 kg tolerance proposed for all axles didn’t take into account the effect on load-sharing axles. The tolerances now allow 1000 kg for those axle groups.
Road controlling authorities noted some discrepancies with the way the permit form, as proposed, laid out additional conditions. They also suggested that some items in the permit schedule should be removed – RCAs can add extra text if they want to, but this shouldn’t be set out as a requirement. These concerns have been addressed and the permit form is now simpler.
This is an amendment Rule, and, therefore, contains only the amending provisions. The amendment Rule should be read in conjunction with the principal Rule; Land Transport Rule: Vehicle Dimensions and Mass 2002.
Final rules are available on our website.
A copy of the amendment Rule can be purchased from selected bookshops that sell legislation or from the Rule printers and distributors, Wickliffe Solutions, PO Box 932 Dunedin 9054, or by telephoning (06) 353 2700.
Rules may also be read, free of charge, at the national and regional offices of the Transport Agency.
In time, the VDAM Rule (incorporating the amendment) will be made available on www.legislation.govt.nz(external link)
Further information about the amendment Rule is available from the Transport Agency Contact Centre, freephone 0800 699 000.
A newsletter outlining the Rule changes is sent to the groups and individuals who have registered their interest in Rules that have been amended. The Transport Agency will advise relevant industry groups of the changes.
Where required, the Transport Agency will update its website, factsheets and other information about overweight and overdimension motor vehicles and high-productivity motor vehicle permits.
Last updated: 24 August 2014
