Plain language law

New Zealand law explained for everyone

Land Transport Act 1998

Enforcement of responsibilities - Enforcement powers for offences involving certain vehicles

126: Off-loading of overloaded vehicle

You could also call this:

“Rules for when a vehicle is too heavy for the road or a bridge”

This law is about what happens when a big vehicle is too heavy for the road or a bridge. Here’s what you need to know:

If a police officer or traffic warden measures a big vehicle and finds it’s too heavy, they will tell the driver to stop the vehicle in a safe place. The vehicle is too heavy if its weight is at least 10% or 2,000 kg (whichever is less) over the allowed weight.

The vehicle must stay stopped until either some of its load is taken off or moved around to make it lighter, or until the driver gets a special permit to keep driving with the heavy load.

If the heavy vehicle is carrying passengers and there’s another suitable vehicle available soon, the passengers will be moved to that vehicle. If there isn’t another vehicle available soon, the heavy vehicle can drive slowly to a safe place with better facilities, but a police officer or traffic warden must go with it.

For bridges with weight limits, if a vehicle is too heavy, it can’t go on the bridge until it’s made lighter or gets a special permit.

These rules are to keep roads and bridges safe and to prevent damage from vehicles that are too heavy.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM435126.

Previous

125: Stopping, inspection, and weighing of heavy vehicles and certain transport service vehicles, or

"Rules for checking and weighing big trucks and some work vehicles on the road"

Next

127: Protection against claims resulting from action under section 125 or section 126, or

"No blame for officials who stop vehicles or remove items, unless they're careless"

Part 9 Enforcement of responsibilities
Enforcement powers for offences involving certain vehicles

126Off-loading of overloaded vehicle

  1. An enforcement officer must direct the driver of a heavy motor vehicle or transport service vehicle on a road to keep the vehicle stopped or remove it to a place of safety approved by the officer and remain stopped there, if—

  2. the mass of a heavy motor vehicle or transport service vehicle on a road is measured by, or at the direction of, an enforcement officer; and
    1. the gross mass of the vehicle, or the mass on a wheel, axle, or group of axles of the motor vehicle, exceeds by at least 10% or by 2 000 kg (whichever is the lesser)—
      1. a prescribed mass restriction applicable to that motor vehicle; or
        1. a mass or loading restriction specified in the vehicle's certificate of loading.

        2. The vehicle must remain at the place to which it is directed under subsection (1) until either—

        3. part of the load is removed or the load rearranged so as to reduce the gross mass and the mass on every wheel, every axle, and every group of axles of the motor vehicle to not more than—
          1. the maximum prescribed mass applicable to that motor vehicle; and
            1. a mass or loading restriction specified in the vehicle's certificate of loading; or
            2. a permit in writing is issued under this Act to permit the motor vehicle to proceed along a road with its load.

              1. If a motor vehicle stopped under subsection (1) is a passenger service vehicle, and a suitable alternative vehicle is available within a reasonable time, the passengers must be transferred to that alternative vehicle; but, if a suitable alternative vehicle is not available within a reasonable time, the passenger service vehicle must be permitted to proceed at a low speed, under the escort of an enforcement officer, to a safe location that is suitable for handling the passengers and has adequate communications facilities.

              2. If—

              3. the mass of a heavy motor vehicle approaching a bridge for which a mass restriction has been prescribed is measured by or at the direction of an enforcement officer; and
                1. the gross mass of the motor vehicle, or the mass on any wheel, axle, or group of axles of the motor vehicle, exceeds by at least 10% or by 2 000 kg (whichever is the lesser) any mass restriction for that bridge,—
                    1. the enforcement officer must, by direction given to the driver or person in charge of the motor vehicle, direct that the motor vehicle may not be driven on to the bridge until the load or part of the load is removed so as to reduce the gross mass and the mass on every wheel, every axle, and every group of axles to not more than the maximum prescribed for that bridge, or until a permit in writing has been issued under this Act permitting that motor vehicle to proceed on to that bridge with its load.

                  1. Subsection (4) overrides subsection (3).

                  Compare
                  Notes
                  • Section 126 heading: amended, on , by section 54(1) of the Land Transport Amendment Act 2017 (2017 No 34).
                  • Section 126(1)(a): amended, on , by section 54(2) of the Land Transport Amendment Act 2017 (2017 No 34).
                  • Section 126(1)(b): amended, on , by section 54(2) of the Land Transport Amendment Act 2017 (2017 No 34).
                  • Section 126(1)(b): amended, on , by section 54(3) of the Land Transport Amendment Act 2017 (2017 No 34).
                  • Section 126(1)(b)(i): amended, on , by section 54(2) of the Land Transport Amendment Act 2017 (2017 No 34).
                  • Section 126(1)(b)(ii): amended, on , by section 54(2) of the Land Transport Amendment Act 2017 (2017 No 34).
                  • Section 126(2)(a): amended, on , by section 54(2) of the Land Transport Amendment Act 2017 (2017 No 34).
                  • Section 126(2)(a)(i): amended, on , by section 54(2) of the Land Transport Amendment Act 2017 (2017 No 34).
                  • Section 126(2)(a)(ii): amended, on , by section 54(2) of the Land Transport Amendment Act 2017 (2017 No 34).
                  • Section 126(4)(a): amended, on , by section 54(2) of the Land Transport Amendment Act 2017 (2017 No 34).
                  • Section 126(4)(b): amended, on , by section 54(2) of the Land Transport Amendment Act 2017 (2017 No 34).
                  • Section 126(4)(b): amended, on , by section 54(4) of the Land Transport Amendment Act 2017 (2017 No 34).