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Land Transport Act 1998

Transport services licensing - Fit and proper person test - Assessment criteria

30C: General safety criteria

You could also call this:

“Rules for deciding if someone can work in transport to keep people safe”

When deciding if someone is suitable to be involved in transport services, the Director needs to think about keeping people safe and protecting them from serious crime. The Director looks at different things to make this decision.

The Director might look at whether you have been in trouble with the law before, especially for things related to transport. They might also check if you have had any serious behaviour problems or if people have made complaints about transport services you were involved with. If you often don’t pay fines for transport offences, that could be a problem too.

The Director can look at any crimes you’ve been found guilty of, even if they happened in another country or a long time ago. They can also think about serious crimes you’ve been accused of, even if you haven’t been found guilty yet.

The Director can decide how important each of these things is, depending on how much you’re involved in transport services. They can also look at other things they think are important for keeping people 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=DLM434593.

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"Braille ID information for transport services is no longer required"

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30D: Additional criteria for small passenger service and vehicle recovery service, or

"Extra things to check when deciding if someone can run a taxi or tow truck service"

Part 4A Transport services licensing
Fit and proper person test: Assessment criteria

30CGeneral safety criteria

  1. When assessing whether or not a person is a fit and proper person in relation to any transport service, the Director must consider, in particular, any matter that the Director considers should be taken into account—

  2. in the interests of public safety; or
    1. to ensure that the public is protected from serious or organised criminal activity.

      1. For the purpose of determining whether or not a person is a fit and proper person for any of the purposes of this Part, the Director may consider, and may give any relative weight that the Director thinks fit having regard to the degree and nature of the person's involvement in any transport service, to the following matters:

      2. the person's criminal history (if any):
        1. any offending by the person in respect of transport-related offences (including any infringement offences):
          1. any history of serious behavioural problems:
            1. any complaints made in relation to any transport service provided or operated by the person or in which the person is involved, particularly complaints made by users of the service:
              1. any history of persistent failure to pay fines incurred by the person in respect of transport-related offences:
                1. any other matter that the Director considers it is appropriate in the public interest to take into account.

                  1. In determining whether or not a person is a fit and proper person for any of the purposes of this Part, the Director may consider—

                  2. any conviction for an offence, whether or not—
                    1. the conviction was in a New Zealand court; or
                      1. the offence was committed before the commencement of this Part or corresponding former enactment; or
                        1. the person incurred demerit points under this Act or a corresponding former enactment in respect of the conviction; and
                        2. the fact that the person has been charged with any offence that is of such a nature that the public interest would seem to require that a person convicted of committing such an offence not be considered to be fit and proper for the purposes of this section.

                          1. Despite subsection (3), the Director may take into account any other matters and evidence as the Director considers relevant.

                          Compare
                          Notes
                          • Section 30C: inserted, on (with effect on 21 March 2006 for the purposes of section 29B(2)(b)(v)), by section 18 of the Land Transport Amendment Act 2005 (2005 No 77).
                          • Section 30C(1): amended, on , by section 40(1) of the Land Transport (NZTA) Legislation Amendment Act 2020 (2020 No 48).
                          • Section 30C(2): amended, on , by section 40(2) of the Land Transport (NZTA) Legislation Amendment Act 2020 (2020 No 48).
                          • Section 30C(2)(f): amended, on , by section 40(2) of the Land Transport (NZTA) Legislation Amendment Act 2020 (2020 No 48).
                          • Section 30C(3): amended, on , by section 40(3) of the Land Transport (NZTA) Legislation Amendment Act 2020 (2020 No 48).
                          • Section 30C(4): amended, on , by section 40(4) of the Land Transport (NZTA) Legislation Amendment Act 2020 (2020 No 48).