Land Transport Rule

Vehicle Standards Compliance Amendment (No 2) 2013

Rule 35001/11

Note: This Rule should be read in conjunction with the consolidated version of Land Transport Rule: Vehicle Standards Compliance 2002, which includes previous Rule amendments.

Contents

Objective of the Rule

Extent of consultation

Section 1     Application

Section 2     Amendments to Rule requirements

Section 3     Amendments to Schedules

Section 4     Schedules


Objective of the Rule

Land Transport Rule: Vehicle Standards Compliance Amendment (No 2) 2013 (the amendment Rule) amends Land Transport Rule: Vehicle Standards Compliance 2002(the Vehicle Standards Compliance Rule). The Vehicle Standards Compliance Rule sets out requirements for controlling the entry of vehicles into, and operation of vehicles in, the land transport system.

The objective of this amendment Rule is to make changes to the frequency of in-service inspections (that is, warrant of fitness and certificate of fitness inspections) for motor vehicles operated on New Zealand’s roads.

Warrant of Fitness
Light motor vehicles (other than agricultural motor vehicles)
The amendment Rule makes a number of changes to vehicles’ inspection frequencies, based on a vehicle’s date of first registration in New Zealand or overseas. The inspection regime will provide for the following:

New Zealand’s vehicle inspection frequency is one of the highest among OECD countries. The changes to the warrant of fitness inspection frequencies are intended to reduce the cost of this to motorists without increasing the risk to safety.

In order to reduce the impact of the changes on the vehicle inspection industry, by providing for a more even distribution of demand for vehicle inspections, the changes will be phased in from 1 January 2014 for vehicles first registered from 2004 to 2008, with the changes applying to all vehicles from 1 July 2014.

Certificate of Fitness
The amendment Rule extends the variable certificate of fitness inspection frequency from 3-9 months to 3-12 months. By allowing a wider range of inspection frequencies that can be applied to heavy and commercial vehicles, the change is intended to provide an increased incentive for transport operators to maintain their vehicles to a high safety standard.


Extent of consultation

The changes in the amendment Rule resulted from the Vehicle Licensing Reform project, which involved engagement with stakeholder groups and the release of a public consultation document on 19 September 2012. In January 2013, the Government decided on the nature of changes to be made to the frequency of vehicle inspections.

Consultation on the legislative changes required to implement the new inspection frequencies began with the release on 23 April 2013 of the public consultation (yellow) draft of the amendment Rule. The NZ Transport Agency sent details of the proposed Rule changes by letter or email to approximately 1200 groups and individuals who had registered an interest in the Vehicle Standards Compliance Rule.

The amendment Rule was made available through the NZ Transport Agency’s Contact Centre and, together with Questions and Answers, was also available on the NZ Transport Agency’s website. The availability of the amendment proposals for comment was publicised in the daily newspapers in Auckland, Hamilton, Wellington, Christchurch and Dunedin and in the New Zealand Gazette.

The NZ Transport Agency received 179 submissions on the draft amendment Rule. The submissions were taken into account in finalising the amendment Rule before it was submitted to the Minister of Transport for signing.


Section 1     Application

1.1     Title

This Rule is Land Transport Rule: Vehicle Standards Compliance Amendment (No 2) 2013.

1.2     Commencement

1.2(1)    Clause 2.1(4) comes into force on 1 July 2014.

1.2(2)    The rest of this Rule comes into force on 1 January 2014.

1.3     Scope

This Rule amends Land Transport Rule: Vehicle Standards Compliance 2002.

1.4     Application

1.4(1)    Clause 3.1(1) and Part 1 of Schedule 1 apply during the period beginning on 1 January 2014 and ending with the close of 30 June 2014.

1.4(2)   Clause 3.1(2) and Part 2 of Schedule 1 apply on and after 1 July 2014.

1.4(3)   Clause 3.1(3) and Schedule 2 apply on and after 1 January 2014.


Section 2     Amendments to Rule requirements

2.1    Evidence of vehicle inspection

2.1(1)    In clause 9.1(a), replace “and 7.9(a), (b) and (c)” with “, 7.9(a), (b) and (c) and 11.4(b)”.

2.1(2)   Replace clause 9.5 with:


9.5        Expiry dates for warrants of fitness and certificates of fitness

“9.5(1)     In this clause and in 9.8 and Schedules 4 and 5, reference date means the date on which a warrant of fitness or certificate of fitness is issued unless 9.5(6) applies.

“9.5(2)     Unless 9.5(3) applies, the expiry date for a certificate of fitness issued for a vehicle is six months after the reference date, or an alternative number of months after that date if specified by the Agency under 9.8.

“9.5(3)     The expiry date for the first certificate of fitness issued for a Class MA rental service vehicle that was new when first registered in New Zealand as a rental service vehicle is 12 months after the reference date, and six months after that date for subsequent certificates.

“9.5(4)     The expiry date for a warrant of fitness is the date specified in:

“(a)    Schedule 4 for a light vehicle; or

“(b)    Schedule 5 for a heavy vehicle.

“9.5(5)     If the reference date is one of the following dates: 29 February; 31 March; 31 May; 29, 30 or 31 August; 31 October; or 31 December, the expiry date for a certificate of fitness or warrant of fitness is the last day of the relevant month.

“9.5(6)     If a warrant of fitness or certificate of fitness is current at the date of inspection under section 7, the reference date is:

“(a)    for a warrant of fitness:

“(i)     14 days after the date of issue of the new warrant, if the expiry date of the current warrant is more than 14 days after the date of issue;

“(ii)    the date of expiry of the current warrant, if the expiry date of the current warrant is 14 days or less after the date of issue of the new warrant;

“(b)    for a certificate of fitness:

“(i)     28 days after the date of issue of the new certificate, if the expiry date of the current certificate is more than 28 days after the date of issue;

“(ii)    the date of expiry of the current certificate, if the expiry date is 28 days or less after the date of issue of the new certificate.”.

2.1(3)   Replace clause 9.8(1), with:

“9.8(1)     The Agency may specify a number of months between the reference date and the expiry date of a vehicle’s certificate of fitness specified in 9.5(2) from a minimum of three months to a maximum of nine months.”.

2.1(4)   In clause 9.8(1), replace “nine months” with “12 months”.

2.1(5)   Delete clauses 12.6 and 12.7.

Section 3     Amendments to Schedules

3.1     New Schedules inserted

3.1(1)    After Schedule 3 insert, as Schedule 4, Part 1 of Schedule 1 to this Rule.

3.1(2)    Replace Schedule 4, with Part 2 of Schedule 1 to this Rule.

3.1(3)    After Schedule 4 insert, as Schedule 5, Schedule 2 to this Rule.

 

Section 4     Schedules

4.1    Schedule 1 New Schedule 4 inserted

Part 1                  [Ref. 3.1(1)]
  1. Schedule 4 Expiry date for warrant of fitness for light vehicles applying
    during the period beginning on 1 January 2014 and ending on 30 June
    2014
                                                               [Ref. 9.5(4)(a)]

WoF issued to

Expiry date

Vehicle (other than an agricultural motor vehicle) not previously registered in New Zealand or any other country

12 months after the reference date

Vehicle first registered in New Zealand or any other country on or after
1 January 2004

12 months after the reference date

Vehicle (other than an agricultural motor vehicle) first registered in New Zealand or any other country before 1 January 2004

6 months after the reference date

Agricultural motor vehicle that is operated at a speed exceeding 40 km/h and that is issued a warrant of fitness in accordance with 7.9(c)

12 months after the reference date

 

Part 2                            [Ref. 3.1(2)]

  1. Schedule 4 Expiry date for warrant of fitness for light vehicles applying
    on and after 1 July 2014
                                           [Ref. 9.5(4)(a)]

WoF issued to

Expiry date

Vehicle (other than an agricultural motor vehicle) not previously registered in New Zealand or any other country

Three years after the reference date

Vehicle (other than an agricultural motor vehicle) before the third anniversary of the date of its first registration in New Zealand or any other country

The later date of:

  1. date of third anniversary of first registration in New Zealand or any other country; or
  2. 12 months after the reference date

Vehicle first registered in New Zealand or any other country on or after 1 January 2000, on or after the third anniversary of the date of its first registration in New Zealand or any other country

12 months after the reference date

Vehicle (other than an agricultural motor vehicle) first registered in New Zealand or any other country before
1 January 2000

6 months after the reference date

Agricultural motor vehicle that is operated at a speed exceeding 40 km/h and that is issued a warrant of fitness in accordance with 7.9(c)

12 months after the reference date

4.2    Schedule 2 New Schedule 5 inserted

[Ref. 3.1(3)]

  1. Schedule 5 Expiry date for warrant of fitness for heavy vehicles applying
    on and after 1 January 2014                            
    [Ref. 9.5(4)(b)]

WoF issued to

Expiry date

Vehicle not previously registered in New Zealand or any other country

12 months after the reference date

Vehicle (other than an agricultural motor vehicle) before the sixth anniversary of the date of its first registration in New Zealand or any other country

12 months after the reference date

Vehicle (other than an agricultural motor vehicle) on or after the sixth anniversary of the date of its first registration in New Zealand or any other country

6 months after the reference date

Agricultural motor vehicle that is operated at a speed exceeding 40 km/h and that is issued a warrant of fitness in accordance with 7.9(c)

12 months after the reference date

 

 

 

Land Transport Rule: Vehicle Standards Compliance Amendment (No 2) 2013 - Rule 35001/11
Land Transport New Zealand, Ikiiki Whenua Aotearoa