Land Transport Rule

Operator Licensing Amendment (No 2) 2010

Rule 81001/4

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

Part 1     Rule requirements

Section 1     Application

Section 2     Amendments relating to Rule requirements

Section 3     Amendment to Definitions

Section 4     Amendments to Schedules

Part 2     Schedules

Schedule 1     New Schedule 5 added

Schedule 2     New Schedule 6 added


Objective of the Rule

Land Transport Rule: Operator Licensing Amendment (No 2) 2010 (the Rule) amends Land Transport Rule: Operator Licensing 2007 (the Operator Licensing Rule), which specifies the requirements for obtaining and renewing a licence to operate a passenger, rental, vehicle recovery or goods service. It sets out requirements that apply to transport service drivers, ‘dial-a-driver’ services and approved taxi organisations.

The objective of the Rule is to amend the Operator Licensing Rule to provide increased safety to taxi drivers and their passengers. The measures set out in the Rule were agreed by Cabinet in August 2010 following the deaths of two working taxi drivers, and other serious assaults on drivers.

The Rule requires that:

Security cameras fitted in taxis must comply with minimum specifications set out in the Rule. The Operator Licensing Rule currently requires ATOs to operate in accordance with operating rules that have been submitted to, and approved by, the NZ Transport Agency. ATOs are required to update their operating rules to reflect the new requirements in the Rule.

The Rule is intended to sit alongside existing legislation, such as the Privacy Act 1993, and existing police powers to obtain information.


Extent of consultation

Following the death of a second driver within 13 months, the Ministers of Labour and Transport met on 10 February 2010 to discuss safety options with representatives of the taxi industry, who advocated strongly for the Government to intervene to improve taxi driver safety. The Minister of Transport received a report from transport officials on 17 March 2010 examining these options, and he met with taxi industry representatives to discuss the report's recommendations.

Formal consultation on the proposals agreed by Cabinet began on 13 September 2010 when the NZ Transport Agency released the consultation (yellow) draft of the Rule for public comment. The NZ Transport Agency sent a letter or emailed advice about the availability of the yellow draft to about 980 groups and individuals who had registered their interest in the Operator Licensing Rule and Land Transport Rule: Passenger Service Vehicles 1999. The availability of the draft amendment Rule was publicised in the daily newspapers in Auckland, Hamilton, Wellington, Christchurch and Dunedin, in selected regional daily newspapers and in the New Zealand Gazette.

The NZ Transport Agency received 35 submissions on the draft amendment Rule. The submissions were taken into account in redrafting the amendment Rule before it was signed by the Minister of Transport.


Part 1     Rule requirements

Section 1     Application

1.1     Title

This Rule is Land Transport Rule: Operator Licensing Amendment (No 2) 2010.

1.2     Commencement

This Rule comes into force on 1 February 2011.

1.3     Scope of Rule

This Rule amends Land Transport Rule: Operator Licensing 2007.


Section 2     Amendments relating to Rule requirements

2.1     Security in taxis

2.1(1)     The Rule is amended by inserting the following section after section 4:

2.1(2)     Clause 8.4 is amended by inserting the following subclauses:

2.1(3)     Paragraph 8.5(1)(c) is amended by substituting “a publicly available” for “the White Pages of the”.

2.1(4)     Paragraph 8.5(1)(e) is amended by substituting the following for subparagraph (iii):

2.1(5)     Subclause 8.5(1) is amended by inserting the following paragraphs after “Agency” in paragraph (s):

2.1(6)     Clause 8.5 is amended by inserting the following subclause:


Section 3     Amendment to Definitions

3.1     Insertion of definition

Part 2 Definitions is amended by inserting in the appropriate places the following definition:


Section 4     Amendments to Schedules

4.1     Amendments to Schedules

4.1(1)     Schedule 4 is amended by substituting the following for the first item:

4.1(2)     Part 3 - Schedules is amended by adding the Schedule set out in Schedule 1 of this Rule as Schedule 5.

4.1(3)     Part 3 - Schedules is amended by adding the Schedule set out in Schedule 2 of this Rule as Schedule 6.


Part 2     Schedules

Schedule 1     New Schedule 5 added [Ref. 4.1(2)]

Schedule 5, Areas for which an in-vehicle security camera system and an emergency alert and response facility are required for a taxi [Ref. 4A.1(1)]

Whangarei Okara Ward and Denby Ward.
Auckland The areas that immediately before 1 November 2010 were identified as North Shore City, Waitakere City, Auckland City, Manukau City, and Papakura City.
Hamilton Hamilton City and Hamilton Airport and its precinct.
Tauranga Otumoetai-Bethlehem Ward, Te Papa-Welcome Bay Ward and Mount Maunganui-Papamoa Ward.
Rotorua Rotorua urban area including the Ngongataha area, and the Rotorua Airport and its precinct.
Gisborne Gisborne Ward.
Napier Napier City.
Hastings Hastings Ward and Havelock North Ward.
Palmerston North Papaioea Ward, Takaro Ward, Hokowhitu Ward, and Awapuni Ward.
New Plymouth New Plymouth City and the New Plymouth Airport and its precinct.
Whanganui Whanganui City Ward.
Wellington Hutt City, Upper Hutt City, Porirua City and Wellington City.
Nelson Nelson City.
Christchurch Christchurch City excluding Banks Peninsula Ward.
Dunedin Mosgiel-Taieri Ward, Waikouaiti Coast-Chalmers Ward, Cargill Ward, Hills Ward, South Dunedin Ward, Green Island/Saddle Hill Ward and the Dunedin International Airport and its precinct.
Queenstown Queenstown urban area and the Frankton District.
Invercargill Invercargill District.”


Schedule 2     New Schedule 6 added [Ref. 4.1(3)]

“Schedule 6, Specifications for in-vehicle security camera system [Ref 4A.2(4)]

Land Transport Rule: Operator Licensing Amendment (No 2) 2010 - Rule 81001/4
NZ Transport Agency, Waka Kotahi