Transport (Vehicle and Driver Registration and Licensing) Amendment Act 1992
Transport (Vehicle and Driver Registration and Licensing) Amendment Act 1992
Transport (Vehicle and Driver Registration and Licensing) Amendment Act 1992
Transport (Vehicle and Driver Registration and Licensing) Amendment Act 1992
Public Act |
1992 No 110 |
|
Date of assent |
14 December 1992 |
|
Contents
An Act to amend the Transport (Vehicle and Driver Registration and Licensing) Act 1986
BE IT ENACTED by the Parliament of New Zealand as follows:
1 Short Title and commencement
(1)
This Act may be cited as the Transport (Vehicle and Driver Registration and Licensing) Amendment Act 1992, and shall be read together with and deemed part of the Transport (Vehicle and Driver Registration and Licensing) Act 1986 (hereinafter referred to as the principal Act).
(2)
This Act shall come into force on a date to be appointed by the Governor-General by Order in Council; and one or more Orders in Council may be made bringing different sections into force on different dates.
2 Interpretation
(1)
Section 2(1) of the principal Act is hereby amended by inserting, after the definition of the term “driver”
, the following definition:
“‘Duplicate’, in relation to any original certificate issued under this Act, includes a document that is a substitute or replacement for that certificate:”.
(2)
Section 2(1) of the principal Act is hereby amended by repealing the definition of the term “Secretary”
, and substituting the following definition:
“‘Secretary’ means the chief executive of the Ministry of Transport:”.
3 Motor vehicles to be registered and licensed
(1)
Section 5 of the principal Act is hereby amended by inserting, after subsection (1), the following subsections:
“(1a)
Once a motor vehicle is registered in accordance with this Part of this Act,—
“(a)
Subject to subsection (1b) of this section, the owner of the vehicle shall at all times keep the vehicle licensed under this Part of this Act; and
“(b)
Subject to subsection (6) of this section, the fees payable in respect of such licensing shall be payable as if the vehicle is at all times required to be licensed (whether or not it is actually licensed).
“(1b)
Where a motor vehicle—
“(a)
Is being repaired, rebuilt, or restored, or is in any other manner being prepared for use on a road; or
“(b)
Is for the time being exempt from the licensing requirements of this Part of this Act by or under regulations made under section 35a of this Act,—
the owner may, before the expiry of the licence in respect of the vehicle, apply to the Registrar for a suspension of the licence; and the Registrar may suspend the licence, with effect on and from the date of the expiry of the licence, for such period not less than 3 months but not more than 12 months as the Registrar considers appropriate and may renew any such suspension for such a period.’’
(2)
Section 5(2) of the principal Act is hereby amended by omitting the expression “$ 100 for every day on which the motor vehicle is so used”
, and substituting the expression “$ 1,000”
.
(3)
Section 5 of the principal Act is hereby further amended by inserting, after subsection (2), the following subsection:
“(2a)
Every person commits an offence and is liable on summary conviction to a fine not exceeding $ 5,000 who sells an unlicensed motor vehicle that is required to be licensed under this Part of this Act.”
(4)
Section 5 of the principal Act is hereby further amended by adding the following subsection:
“(6)
Where the licence in respect of any motor vehicle is suspended under subsection (1b) of this section, the term of the licence shall be deemed to be extended by the period of the suspension but no licence fee shall be payable in respect of the period by which the licence is so extended.”
4 Repeal
(1)
Section 6 of the principal Act is hereby repealed.
(2)
The First Schedule to the principal Act is hereby consequentially repealed.
5 Applications for registration
(1)
Section 7 of the principal Act is hereby amended by repealing subsection (1), and substituting the following subsection:
“(1)
Every application for registration of any motor vehicle shall be made by or on behalf of the owner to the Registrar, on a form provided by the Registrar, and shall specify—
“(a)
The name of the person to be registered as the owner of the vehicle:
“(b)
The address of the place of residence or place of business within New Zealand of the person to be registered as the owner of the vehicle:
“(c)
The postal address within New Zealand of the person to be registered as the owner of the vehicle, if that address differs from the address given under paragraph (b) of this subsection:
“(d)
Where the person to be registered as the owner of the vehicle is a natural person, that person’s date of birth:
“(e)
Such particulars relating to the vehicle as may be required by the Registrar as indicated on the form.”
(2)
Section 7 of the principal Act is hereby further amended by inserting, after subsection (1), the following subsection:
“(1a)
No person shall be the registered owner of a motor vehicle, except—
“(a)
A natural person of or over 15 years of age; or
“(b)
A body corporate; or
“(c)
An instrument of the Executive Government of New Zealand.”
(3)
Section 7(2) of the principal Act is hereby amended by inserting, after paragraph (b), the following paragraph:
“(ba)
Evidence that a warrant of fitness, certificate of fitness, permit receipt, or vehicle identification inspection certificate was issued in respect of the vehicle in the immediately preceding 30 days:”.
(4)
Section 7 of the principal Act is hereby further amended by inserting, after subsection (2), the following subsection:
“(2a)
An applicant shall produce to the Registrar a vehicle identification inspection certificate, which shall contain the identifiers assigned to the vehicle (if any) and be in a form prescribed by the Secretary, before—
“(a)
Completing the registration of a vehicle; or
“(b)
Relicensing a vehicle; or
“(c)
Completing a change of ownership of a vehicle.”
(5)
Section 7(3) of the principal Act is hereby amended by omitting the words “registration fee prescribed in Part I of the Second Schedule to this Act”
, and substituting the words “prescribed registration fee”
.
6 Issue of registration plates and certificates of registration
Section 8 of the principal Act is hereby amended by adding the following subsections:
“(3)
A person to whom any registration plates issued under this section are delivered shall surrender to the Registrar any existing registration plates for that vehicle.
“(4)
The Registrar may require the surrender of any registration plate issued under this section if the Registrar is satisfied that—
“(a)
It is not affixed to any vehicle; or
“(b)
It is affixed to a vehicle other than the vehicle to which it may be lawfully affixed; or
“(c)
It has been issued in error or is being used unlawfully.
“(5)
Every person commits an offence and is liable on summary conviction to a fine not exceeding $ 500 who fails to surrender any registration plate when required to do so by this section or by the Registrar acting under this section.”
7 Personalised registration plates to be held by Registrar until ready to be affixed to vehicle
Section 9c of the principal Act (as substituted by section 3 of the Transport (Vehicle and Driver Registration and Licensing) Amendment Act 1988) is hereby amended by adding the following subsection:
“(4)
Personalised registration plates shall not be required to be manufactured until required by the owner of the vehicle to which they are to be affixed.”
8 Certain letters and numbers not to be allocated
(1)
Section 9e of the principal Act (as substituted by section 3 of the Transport (Vehicle and Driver Registration and Licensing) Amendment Act 1988) is hereby amended by omitting the word “The”
, and substituting the words “Except as provided in subsection (2) of this section, the”
.
(2)
Section 9e of the principal Act (as so substituted) is hereby further amended by adding the following subsection:
“(2)
There may be displayed on a personalised registration plate any additional subsidiary characters, messages, symbols, or slogans if—
“(a)
The subsidiary characters, messages, symbols, or slogans are approved by the Registrar; and
“(b)
The subsidiary characters, messages, symbols or slogans do not obscure the other numbers or letters allocated for that plate.”
9 Application for licence for motor vehicle
(1)
Section 10 of the principal Act is hereby amended by repealing subsection (1), and substituting the following subsection:
“(1)
Every application for a licence for any motor vehicle shall be made by or on behalf of the owner to the Registrar, on a form provided by the Registrar, and shall specify—
“(a)
The name of the person to be registered as the owner of the vehicle:
“(b)
The address of the place of residence or place of business within New Zealand of the person to be registered as the owner of the vehicle:
“(c)
The postal address within New Zealand of the person to be registered as the owner of the vehicle, if that address differs from the address given under paragraph (b) of this subsection:
“(d)
Such particulars relating to the vehicle as may be required by the Registrar as indicated on the form.”
(2)
Section 10 of the principal Act is hereby further amended by inserting, after subsection (1), the following subsection:
“(1a)
The Registrar may require that any application for a licence for a vehicle made on or after the commencement of this subsection be accompanied by—
“(a)
Evidence of a current warrant of fitness, certificate of fitness, or vehicle identification certificate in respect of the vehicle; or
“(b)
A permit receipt in respect of the vehicle,—
which evidence or receipt shall contain the identifiers assigned to the vehicle (if any).”
(3)
Section 10(2) of the principal Act is hereby amended by omitting the words “fee prescribed in Part II of the Second Schedule to this Act”
, and substituting the words “prescribed fee”
.
(4)
Section 10 of the principal Act is hereby further amended by repealing subsections (4) and (5).
10 Duration of licences
(1)
Section 11 of the principal Act is hereby amended by repealing subsections (2) to (4).
(2)
Section 11(1) of the principal Act is hereby consequentially amended by omitting the words “Subject to subsections (2) and (3) of this section, a”
, and substituting the word “A”
.
(3)
Section 11 of the principal Act is hereby further amended by repealing subsection (5), and substituting the following subsection:
“(5)
The Registrar may, if the owner of any motor vehicle so requests, issue a licence for any motor vehicle for a period which ends on the expiry date of—
“(a)
Any current licence for any other motor vehicle owned by that person; or
“(b)
Any current warrant of fitness or certificate of fitness in respect of the vehicle in respect of which the request is made; or
“(c)
Any period specified by that person, being not less than 3 months and not more than 12 months.”
11 Replacement certificates of registration, licences, and registration plates
(1)
Section 15(1) of the principal Act (as substituted by section 4(1) of the Transport (Vehicle and Driver Registration and Licensing) Amendment Act 1988) is hereby amended by inserting, before the word “owner”
, the word “registered”
.
(2)
Section 15 of the principal Act is hereby further amended by inserting, after subsection (4), the following subsection:
“(4a)
Section 7(2) of this Act shall apply with any necessary modifications to applications made under this section as if they were applications under that section.”
12 Details of registers to be supplied to applicants
(1)
Section 19 of the principal Act is hereby amended by repealing subsection (2), and substituting the following subsection:
“(2)
Subject to subsection (3) of this section, any person shall, on making application to the Registrar,—
“(a)
Be entitled to a certificate containing—
“(i)
The name and address of the person registered as the owner of a specified motor vehicle; and
“(ii)
The expiry date specified in a warrant of fitness or certificate of fitness issued in respect of a specified motor vehicle; and
“(iii)
Information regarding any requirement made for a vehicle standards compliance audit; or
“(b)
If the person so wishes, the person shall be entitled to that information given orally or by other means.”
(2)
Section 19 of the principal Act is hereby further amended by repealing subsection (4), and substituting the following subsection:
“(4)
The Registrar may decline to issue any certificate or give any information under this section for a period of 28 days in any case where the Registrar contemplates exercising the powers conferred by subsection (5) of this section.”
(3)
Section 19(5) of the principal Act is hereby amended by omitting the words “Attorney-General”
wherever they occur, and substituting in each case the word “Registrar”
.
(4)
Section 19 of the principal Act is hereby further amended by inserting, after subsection (5), the following subsection:
“(5a)
Any person who is dissatisfied with a decision of the Registrar under subsection (5) of this section may appeal against that decision to the Attorney-General; and, in such a case, the Attorney-General shall confirm or reverse the decision appealed against.”
13 Notification of change of ownership of motor vehicle
Section 20 of the principal Act is hereby amended by adding, as subsection (2), the following subsection:
“(2)
The Governor-General may from time to time, by Order in Council, make regulations for all or any of the following purposes:
“(a)
Prescribing the obligations of the seller and the buyer, and the functions of the Registrar, where there is a change in the ownership of a registered motor vehicle:
“(b)
Providing for the appointment, functions, and duties of agents for the purposes of effecting a change in the ownership of a registered motor vehicle:
“(c)
Prescribing or authorising the Secretary to prescribe the form of certificates of registration for the purposes of this Part of this Act:
“(d)
Providing for discounts to be granted in respect of the prescribed fee payable where a change in the ownership of a registered motor vehicle occurs.”
14 Particulars required to be supplied by persons acquiring ownership
(1)
The principal Act is hereby amended by repealing sections 22 to 24, and substituting the following section:
“22
“(1)
Every person who acquires ownership of a motor vehicle shall give to the Registrar, on the form referred to in section 20 of this Act,—
“(a)
The full name and occupation of the intended registered owner of the vehicle; and
“(b)
The address of the place of residence or place of business within New Zealand of the intended registered owner of the vehicle; and
“(c)
The postal address within New Zealand, if that address differs from the address given under paragraph (b) of this section, of the intended registered owner of the vehicle; and
“(d)
Where the intended registered owner is a natural person, that person’s date of birth.
“(2)
Section 7(2) of this Act shall apply to applications made under this section as if they were applications under that section.
“(3)
No person shall be the registered owner of a motor vehicle, except—
“(a)
A natural person of or over 15 years of age; or
“(b)
A body corporate; or
“(c)
An instrument of the Executive Government of New Zealand.”
(2)
Section 20 of the principal Act is hereby consequentially amended by repealing paragraph (e).
15 Fee payable in relation to change of ownership
Section 25(1) of the principal Act is hereby amended by omitting the words “fee prescribed in Part III of the Second Schedule to this Act”
, and substituting the words “prescribed fee”
.
16 Offences relating to registration, licensing, and change of ownership of motor vehicle
Section 26 of the principal Act is hereby amended—
(a)
By omitting from subsection (1)(f) the expression “section 22 of”
:
(b)
By omitting from subsection (2) the words “sections 20 to 23 of this Act”
, and substituting the words “sections 20 to 22 of this Act or of any regulations made under section 20(2) of this Act”
.
17 Cancellation of registration on destruction or permanent removal of motor vehicle
(1)
Section 27(1) of the principal Act is hereby amended—
(a)
By inserting, after the word “destroyed,”
, the words “or is written-off by an insurer or the owner,”
:
(b)
By omitting the words “if practicable”
, and substituting the words “unless the Registrar considers it is impracticable to do so.”
(2)
Section 27 of the principal Act is hereby further amended by inserting, after subsection (1), the following subsection:
“(1a)
For the purposes of subsection (1) of this section, where an insurer writes-off a motor vehicle, the insurer shall be deemed to be the owner of the vehicle.”
(3)
Section 27(3) of the principal Act is hereby amended by omitting the expression “$ 500”
, and substituting the expression “$ 1,000”
.
18 Cancellation of registration where licence for motor vehicle not renewed
Section 28 of the principal Act is hereby amended by repealing subsection (3), and substituting the following subsection:
“(3)
Notwithstanding anything in subsection (1) of this section, the Registrar shall not cancel the registration of any motor vehicle if—
“(a)
The person registered as owner of that vehicle has notified the Registrar in writing that the vehicle is still in that person’s possession and is being repaired, rebuilt, or restored, or in any other manner being prepared for use on a road; and
“(b)
That notification is renewed after 5 years from the date of the initial notification and renewed annually or at such other intervals thereafter as the Registrar may allow.”
19 Regulations
The principal Act is hereby amended by inserting, after section 35, the following heading and section:
“Regulations
“35a Regulations
The Governor-General may from time to time, by Order in Council, make regulations for all or any of the following purposes:
“(a)
Exempting or authorising the Secretary to exempt specified categories or classes of motor vehicles from—
“(i)
Any specified requirements of this Part of this Act relating to the registration or licensing of such motor vehicles:
“(ii)
Any prescribed fees payable in respect of the registration or licensing of such motor vehicles:
“(b)
Prescribing fees in respect of the registration and licensing of motor vehicles under this Part of this Act or the method by which such fees are to be assessed:
“(c)
Providing for the refund or waiver of any such fee, in whole or in part, in any specified class of cases:
“(d)
Authorising the Registrar to refund or waive payment of any such fee, in whole or in part, in any specified case.”
20 Unlicensed persons not to drive motor vehicles
Section 37 of the principal Act (as substituted by section 4 of the Transport (Vehicle and Driver Registration and Licensing) Amendment Act 1987) is hereby amended by inserting, after subsection (1), the following subsection:
“(1a)
Nothing in subsection (1) of this section shall apply where a person without the appropriate driver’s licence—
“(a)
Drives an ambulance in an emergency, so long as—
“(i)
The emergency requires the licensed driver to perform other duties and it is impracticable for him or her to drive the ambulance; and
“(ii)
The licensed driver has requested that person to drive in place of that licensed driver; or
“(b)
Being a member of a fire brigade, drives a motor vehicle used by a fire brigade for attendance at fires, so long as the vehicle is being at the time used on urgent fire brigade service and it is impracticable for an appropriately licensed driver to drive the vehicle; or
“(c)
Being a member of the Police, drives a large passenger service vehicle in an emergency requiring Police attendance, so long as—
“(i)
The emergency is not reasonably foreseeable; and
“(ii)
The driving is necessary in the interests of public safety or public order; and
“(iii)
A Class D licence holder is not readily available to drive the vehicle.”
21 Regulations
(1)
Section 48(1)(ka) of the principal Act (as inserted by section 5(2) of the Transport (Vehicle and Driver Registration and Licensing) Amendment Act 1989) is hereby amended by inserting, after the expression “section 19”
, the expression “or section 19a”
.
(2)
Section 48(1)(t) of the principal Act (as substituted by section 8(1) of the Transport (Vehicle and Driver Registration and Licensing) Amendment Act 1987) is hereby amended by inserting, after the words “or revoked;”
, the words “and authorising the Secretary to approve persons who may audit the holders of certificates of approval for the purpose of ensuring that holders comply with such prescribed conditions;”
.
(3)
Section 48(1)(z) of the principal Act is hereby amended by omitting the words “this Part or”
in both places where they occur.
(4)
Section 48 of the principal Act is hereby further amended by inserting, after subsection (1), the following subsection:
“(1a)
For the purposes of regulations made under paragraph (a) or paragraph (o) of subsection (1) of this section, the questions to be used in the theoretical examinations to be undergone by applicants or holders of licences, as the case may be, shall—
“(a)
Be prescribed by the Secretary and be notified in the Gazette; and
“(b)
Be made available by the Secretary for purchase by members of the public at a reasonable price.”
(5)
Section 48 of the principal Act (as amended by section 5(4) of the Transport (Vehicle and Driver Registration and Licensing) Amendment Act 1987) is hereby amended by adding the following subsections:
“(3)
For the purposes of subsection (2) of this section,—
“(a)
The Secretary may, in accordance with regulations made under this section,—
“(i)
Issue and renew certificates of approval to persons and organisations approved under subsection (2) of this section:
“(ii)
Authorise persons to carry out an audit of such certificate holders to ensure that the requirements of such regulations are being complied with:
“(iii)
Suspend or revoke any such certificate:
“(b)
The holder of any such certificate may, in accordance with such regulations, appeal to a District Court Judge against any decision of the Secretary refusing to issue or renew such a certificate or revoking such a certificate.
“(4)
For the purposes of section 19a of the Transport Services Licensing Act 1989, regulations made under this section may—
“(a)
Prescribe the conditions subject to which ambulance operators may be approved to issue driver identification cards:
“(b)
Authorise the Secretary to approve persons who may audit approved operators to ensure that such operators comply with such prescribed conditions:
“(c)
Provide for the revocation of such approvals.”
22 Repeal
The Second Schedule to the principal Act is hereby repealed.
This Act is administered in the Ministry of Transport.