Land Transport Rule

Operator Licensing Amendment 2008

Rule 81001/1

Note: This Rule should be read in conjunction with the consolidated version of Land Transport Rule: Operator Licensing 2007, which includes previous Rule amendments.

Contents

Objective of the Rule

Extent of consultation

Section 1     Application

Section 2     Amendments relating to transport service licences

Section 3     Amendments to definitions

Section 4     Amendments to Schedules

 

Objective of the Rule

Land Transport Rule: Operator Licensing Amendment 2008 (the amendment Rule) amends Land Transport Rule: Operator Licensing 2007 (the Rule), which sets out the requirements for obtaining and retaining a licence to operate a passenger, rental, vehicle recovery or goods service, and contains requirements that apply to transport service drivers, ‘dial-a-driver’ service drivers, hirers of rental service vehicles and approved taxi organisations (ATOs).

The objective of the amendment Rule is to make a number of changes that will improve the operation of the system for licensing transport service operators, set up under the Land Transport Act 1998.

The amendment Rule requires vehicles that are used in specified transport services and are subject to transport licensing to continuously display a Transport Service Licence (TSL) card. The aim of the TSL card is to enable Police enforcement officers and NZ Transport Agency compliance staff to identify correctly the operator of the vehicle. It is intended that this will, in turn, facilitate the accurate collection of ‘event’ information for the Operator Rating System, and will allow this information to be applied to produce a safety rating that is a fair and accurate indicator of the overall compliance level of an individual operator with safety legislation.

The amendment Rule contains two changes relating to taxi services. The specified local areas in Schedule 4 of the Rule for which a taxi driver was required to hold an area knowledge certificate (AKC) in order to accept a hire did not necessarily equate to the areas in which drivers worked and with which they needed to be familiar. The amendment Rule provides for areas covered by an AKC to more closely align to the areas in which drivers work. Section 30P(4) of the Land Transport Act 1998 prohibits the operation of a taxi service unless the licence holder belongs to an ATO. The inclusion of this requirement in the amendment Rule allows enforcement officers to require someone to stop operating a taxi service if they are not a member of an ATO and, consequently, are not subject to the operating standards required of members of an ATO.

The amendment Rule prohibits a special interest vehicle, as defined in Land Transport Rule: Frontal Impact Amendment 2008, from being used in a transport service. This is aimed at reducing the risk to road safety from these vehicles, which may provide reduced protection to their occupants in a crash because they do not comply with an approved frontal impact standard.

The amendment Rule corrects subclause 8.3(3), which gave the Director of Land Transport the discretion to waive the requirement for an applicant for a TSL from belonging to an ATO. The waiver should have been from the requirement to hold a Certificate of Knowledge of Law and Practice.

Extent of consultation

A public consultation (yellow) draft of the amendment Rule was released in February 2008. The then Land Transport New Zealand advised approximately 700 organisations and individuals who had indicated their interest in the Rule of the release of the yellow draft, and sent copies to key industry and other groups. Land Transport New Zealand publicised the availability of the draft amendment Rule in the metropolitan daily newspapers in Auckland, Hamilton, Wellington, Christchurch and Dunedin, and in the New Zealand Gazette.

Land Transport New Zealand received 15 submissions on the draft Rule. The comments were taken into account in redrafting the Rule before it was submitted to Cabinet, and to the Minister for Transport Safety for signature.

 

Section 1     Application

1.1     Title

1.1(1)   This Rule is Land Transport Rule: Operator Licensing Amendment 2008.

1.1(2)   The Rule amends Land Transport Rule: Operator Licensing 2007.

1.2     Date when Rule comes into force

1.2(1)   Subclause 2.4(1) and 4.3 come into force on a date to be notified in the Gazette in accordance with section 160(3) of the Act.

1.2(2)   The rest of the Rule comes into force on 1 August 2009.

 

Section 2     Amendments relating to transport service licences

2.1     Transport service licence card where person operates vehicle under licence

Section 2 is amended by revoking clause 2.4 and substituting the following clause:

2.2     Surrender of transport service licences and cards

Section 2 is amended by revoking clause 2.6 and substituting the following clause:

2.3     Other amendments

Section 2 is amended by adding the following clauses:

2.4     Taxi services

2.4(1)   Section 4 is amended by revoking clause 4.1 and substituting the following clause:

2.4(2)   Clause 4.2 is amended by revoking 4.2(2) and substituting the following subclause:

2.4(3)   Subclause 4.2(3) is amended by omitting “and 4.2(2)”.

2.4(4)   Subclause 4.2(6) is amended by omitting “and 4.2(2)”.

2.4(5)   Subclause 4.2(7) is amended by omitting “, and by 4.2(2) to be displayed on the outside of the vehicle,”.

2.5     Shuttle services

2.5(1)   Clause 5.2 is amended by revoking subclause 5.2(2) and substituting the following subclause:

2.5(2)   Subclause 5.2(3) is amended by omitting “and 5.2(2)”.

2.5(3)   Subclause 5.2(6) is revoked.

2.6     Certificate of knowledge of law and practice for approved taxi organisations

Clause 8.3 is amended by revoking subclause 8.3(3) and substituting the following subclause:

2.7     Vehicle recovery services

2.7(1)   Clause 10.1 is amended by revoking subclause 10.1(2) and substituting the following subclause:

2.7(2)   Subclause 10.1(3) is amended by omitting “and 10.1(2)”.

2.7(3)   Subclause 10.1(4) is amended by omitting “and 10.1(2)”.

2.7(4)   Subclause 10.1(5) is revoked.

2.8     Goods services

Section 11 is amended by revoking clause 11.1 and substituting the following clause:

2.9     Large passenger services

Clause 11.2 is amended by revoking subclauses 11.2(1) to 11.2(5) and substituting the following subclause:

 

Section 3     Insertion of new definitions

Part 2 is amended by inserting, in their appropriate positions, the following definitions:

 

Section 4     Amendments to Schedules

4.1     Amendment to Schedule 1, Certificate of responsibility

Schedule 1 of Part 3 is revoked.

4.2     Amendment to Schedule 2, Display of operator or taxi information

Schedule 2 of Part 3 is amended by revoking “5. Display of Transport Service Licence Number (a) to (c)” and substituting the following:

4.3     Amendment to Schedule 4, Areas for which an area knowledge certificate is required

Part 3 is amended by revoking Schedule 4 and substituting the following Schedule 4:

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