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 everyone involved in roads and transport”

When you take part in the land transport system, you need to follow some important rules. You must have the right documents and qualifications for what you’re doing. This means having things like a driver’s licence if you’re driving a car.

You have to follow the Land Transport Act, its rules, and any conditions that come with your documents. This is to make sure everyone stays safe on the roads.

If you’re not working on railways, you need to make sure that you and anyone you’re responsible for do things safely. You should follow the safety rules that have been set.

If you want to provide a service in land transport, you might need to show that you’re a good and trustworthy person. The Director of Land Transport will decide this based on certain rules.

If you’re providing a service, you need to do a few more things. You should have a safety plan to follow the rules and keep everyone safe. You need to train your workers properly and make sure they know how to do their jobs safely. You also need to have enough resources, like equipment or money, to follow all the safety rules.

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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 2 Primary 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).