Land Transport Act 1998

Primary responsibilities of participants in land transport system - General responsibilities

4: General requirements for participants in land transport system

You could also call this:

"Rules for People Involved in Transport"

Illustration for Land Transport Act 1998

You must have the right documents and qualifications to take part in the land transport system. You have to follow the Land Transport Act and other rules. You must also make sure you and the people you are responsible for are safe and follow safety standards. You need to be a fit and proper person to get a document that lets you provide a service in the land transport system. The Director decides if you are a fit and proper person according to subpart 2 of Part 4A. If you have a document that lets you provide a service, you must follow the safety rules and provide training to your employees. You also have to give your employees enough resources to be safe.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM434507.


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Part 2Primary responsibilities of participants in land transport system
General responsibilities

4General requirements for participants in land transport system

  1. A participant in the land transport system must ensure that the appropriate land transport documents and all the necessary qualifications and other documents are held by the participant.

  2. A participant must comply with this Act, the relevant regulations and rules, and the conditions attached to the relevant land transport documents.

  3. A participant, other than a rail participant, must ensure that the activities or functions for which the land transport document has been granted are carried out by the participant, and by all persons for whom the participant is responsible, safely and in accordance with the relevant prescribed safety standards and practices.

  4. A person who applies for a land transport document that authorises the provision of a service within the land transport system must, if so required by the rules, satisfy the Director that the person is a fit and proper person; and the Director must determine whether a person is a fit and proper person for the purposes of this subsection in accordance with subpart 2 of Part 4A, which applies with any necessary modifications.

  5. A participant who holds a land transport document that authorises the provision of a service within the land transport system—

  6. must, if so required by the rules, establish and follow a safety management system that will ensure compliance with the relevant prescribed safety standards and the conditions attached to the document; and
    1. must provide training and supervision to all employees of the participant who are engaged in doing anything to which the document relates, so as to maintain compliance with the relevant prescribed safety standards and the conditions attached to the document and to promote safety; and
      1. must provide sufficient resources to ensure compliance with the relevant prescribed safety standards and the conditions attached to the document.
        Compare
        Notes
        • Section 4(3): amended, on , by section 103(3) of the Railways Act 2005 (2005 No 37).
        • Section 4(4): amended, on , by section 25 of the Land Transport (NZTA) Legislation Amendment Act 2020 (2020 No 48).
        • Section 4(4): amended, on , by section 5 of the Land Transport Amendment Act 2005 (2005 No 77).