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Land Transport Act 1998

Land transport secondary legislation

158: Rules concerning licensing, standard-setting, etc

You could also call this:

“Rules for controlling and checking land transport in New Zealand”

The law allows for rules to be made about many aspects of land transport in New Zealand. These rules can cover:

You can make rules about identifying, classifying, registering, licensing, inspecting, and auditing things like vehicles, road users, transport services, and education providers.

You can set standards and requirements for these things, including licensing conditions, training standards, medical standards for staff, and safety systems.

The rules can specify what transport service operators need to do, like how long drivers can work, what signs they need on vehicles, and how to handle complaints.

You can create categories to measure how well transport operators are doing, publish this information, and give rewards to those who do well.

The rules can allow for appointing people to do inspections, tests, give licences, and provide other services.

You can set out how appeals work for decisions made under these rules.

These rules are considered “secondary legislation”, which means they have to follow certain procedures to be officially published and recognised.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM435188.

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157: Rules concerning roads, or

"Rules about how roads are used and managed to keep everyone safe"

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159: Rules concerning land transport documents, or

"Rules about getting special papers for transport jobs and activities"

Part 11 Land transport secondary legislation

158Rules concerning licensing, standard-setting, etc

  1. Without limiting the general power to make rules under section 152, ordinary rules may—

  2. provide for the identification, classification, registration, licensing, inspection, and audit of all or any of the following:
    1. vehicles:
      1. vehicle importers (as defined in section 172(1)):
        1. road users:
          1. transport service operators:
            1. transport services:
              1. land transport education, training, testing, and licensing organisations:
                1. vehicle inspectors and inspecting organisations:
                  1. vehicle design and construction organisations:
                    1. road controlling authorities:
                      1. any other person who provides services in the land transport system (other than the rail transport system), and any vehicles, land transport related services, facilities, and equipment operated in support of the land transport system (other than the rail transport system), or classes of such persons, vehicles, land transport related services, facilities, and equipment operated in support of the land transport system (other than the rail transport system):
                      2. provide for the setting of standards, specifications, restrictions, registration, and licensing requirements for all or any of those persons or things specified in paragraph (a), including provisions that—
                        1. specify conditions, privileges, and limitations associated with licences or other forms of approval:
                          1. set standards for training systems and techniques, including recurrent training requirements:
                            1. set medical standards for personnel:
                              1. specify the information to be given by persons applying for licences and other authorities issued under or for the purposes of the rules, and specify the persons by and to whom the information must be given:
                                1. set out the requirements of systems and procedures to be used in the exercise of a power given to a person under a rule:
                                  1. set out the responsibilities and required behaviour of transport service operators, including—
                                    1. the permissible driving hours of persons driving transport service vehicles, including the work time and rest time to be observed by drivers; and
                                      1. the obligations and restrictions in respect of signs on vehicles; and
                                        1. requirements relating to fares, complaints procedures, and the recording of complaints; and
                                          1. the maintenance of a register of tows and hires; and
                                            1. the obligations of rental service operators; and
                                              1. requirements concerning logbooks; and
                                                1. requirements of a safety management system where required for the issue of land transport documents:
                                                2. set out the categories of performance for transport service operators; and
                                                  1. specify the publication requirements for the performance levels for the categories of performance; and
                                                    1. provide the means for assessing and re-assessing levels of performance; and
                                                      1. provide incentives and rewards for transport service operators that meet specified levels of performance:
                                                        1. empower the Agency or the Director to approve tests, courses, and course providers for the purpose of issuing certificates of knowledge of law and practice or other certificates:
                                                          1. specify the circumstances in which the Agency or the Director can require an applicant for, or the holder of, a certificate of knowledge of law and practice or other certificates to undergo such tests, including (but not limited to) a second or subsequent test:
                                                            1. specify the drivers involved in transport services that must display or wear a photographic identification card and the details of such a card:
                                                                1. provide for the notification of vehicles used in a transport service:
                                                                  1. provide for the issue of certificates of responsibility where a person other than the owner operates a vehicle in a transport service under licence:
                                                                    1. provide for the display of identification on goods service vehicles, vehicle recovery service vehicles, and large passenger service vehicles:
                                                                      1. provide for registers of complaints and prescribing the matters to be entered in such registers and the manner in which they are to be entered and maintained, and the manner in which they are to be made available for inspection:
                                                                        1. provide for the giving by any person in relation to any transport service carried on by the person of information relating to that service and prescribing the nature of the information and the form, manner, and time in or at which it is to be given:
                                                                          1. specify requirements for a small passenger service including signs, notices, fares, equipment, identification, driver duties and conduct, availability, complaint management, record keeping, and vehicle condition:
                                                                            1. specify requirements for a vehicle recovery service including identification, driver duties and conduct, operator duties, complaints management, record keeping, and towing restrictions and authorisations:
                                                                              1. specify requirements for a rental service including a register of vehicles and hirers, details to be included in a rental service agreement, insurance requirements, the ability of rental service licence holders to charge hirers for fees incurred from owner-liability offences, and any requirements that rental service operators must comply with when charging for owner-liability offence fees:
                                                                                1. provide for the approval of qualifications and specify conditions for the safe use of traction engines:
                                                                                2. provide for the appointment or approval of persons or organisations who are to carry out inspections, tests, certify things, issue licences or other documents, and provide other services under this Act:
                                                                                  1. set out the procedure for appeals under this Act to the District Court or apply (with such modifications as may be specified in the rules) a procedure for appeals to the District Court under any other enactment.

                                                                                    1. Ordinary rules under this section are secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

                                                                                    Notes
                                                                                    • Section 158(1)(a)(ia): inserted, on , by section 6 of the Land Transport (Clean Vehicles) Amendment Act 2022 (2022 No 2).
                                                                                    • Section 158(1)(a)(ix): amended, on , by section 103(3) of the Railways Act 2005 (2005 No 37).
                                                                                    • Section 158(1)(b)(vi)(A): amended, on , by section 76(1) of the Land Transport Amendment Act 2005 (2005 No 77).
                                                                                    • Section 158(1)(b)(vi)(C): amended, on , by section 87(1) of the Land Transport Amendment Act 2017 (2017 No 34).
                                                                                    • Section 158(1)(b)(vii): substituted, on , by section 82 of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).
                                                                                    • Section 158(1)(b)(vii): amended, on , by section 87(2) of the Land Transport Amendment Act 2017 (2017 No 34).
                                                                                    • Section 158(1)(b)(viia): inserted, on , by section 82 of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).
                                                                                    • Section 158(1)(b)(viib): inserted, on , by section 82 of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).
                                                                                    • Section 158(1)(b)(viic): inserted, on , by section 82 of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).
                                                                                    • Section 158(1)(b)(viic): amended, on , by section 87(3) of the Land Transport Amendment Act 2017 (2017 No 34).
                                                                                    • Section 158(1)(b)(viii): added, on , by section 76(2) of the Land Transport Amendment Act 2005 (2005 No 77).
                                                                                    • Section 158(1)(b)(viii): amended, on , by section 114 of the Land Transport (NZTA) Legislation Amendment Act 2020 (2020 No 48).
                                                                                    • Section 158(1)(b)(viii): amended, on , by section 87(4) of the Land Transport Amendment Act 2017 (2017 No 34).
                                                                                    • Section 158(1)(b)(viii): amended, on , by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).
                                                                                    • Section 158(1)(b)(ix): added, on , by section 76(2) of the Land Transport Amendment Act 2005 (2005 No 77).
                                                                                    • Section 158(1)(b)(ix): amended, on , by section 114 of the Land Transport (NZTA) Legislation Amendment Act 2020 (2020 No 48).
                                                                                    • Section 158(1)(b)(ix): amended, on , by section 87(5) of the Land Transport Amendment Act 2017 (2017 No 34).
                                                                                    • Section 158(1)(b)(ix): amended, on , by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).
                                                                                    • Section 158(1)(b)(x): added, on , by section 76(2) of the Land Transport Amendment Act 2005 (2005 No 77).
                                                                                    • Section 158(1)(b)(xi): repealed, on , by section 87(6) of the Land Transport Amendment Act 2017 (2017 No 34).
                                                                                    • Section 158(1)(b)(xii): added, on , by section 76(2) of the Land Transport Amendment Act 2005 (2005 No 77).
                                                                                    • Section 158(1)(b)(xiii): added, on , by section 76(2) of the Land Transport Amendment Act 2005 (2005 No 77).
                                                                                    • Section 158(1)(b)(xiv): added, on , by section 76(2) of the Land Transport Amendment Act 2005 (2005 No 77).
                                                                                    • Section 158(1)(b)(xv): added, on , by section 76(2) of the Land Transport Amendment Act 2005 (2005 No 77).
                                                                                    • Section 158(1)(b)(xvi): added, on , by section 76(2) of the Land Transport Amendment Act 2005 (2005 No 77).
                                                                                    • Section 158(1)(b)(xvii): added, on , by section 76(2) of the Land Transport Amendment Act 2005 (2005 No 77).
                                                                                    • Section 158(1)(b)(xviii): added, on , by section 76(2) of the Land Transport Amendment Act 2005 (2005 No 77).
                                                                                    • Section 158(1)(b)(xix): added, on , by section 76(2) of the Land Transport Amendment Act 2005 (2005 No 77).
                                                                                    • Section 158(1)(b)(xx): added, on , by section 76(2) of the Land Transport Amendment Act 2005 (2005 No 77).
                                                                                    • Section 158(1)(d): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).
                                                                                    • Section 158(2): inserted, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).