Land Transport (Offences and Penalties) Amendment Regulations (No 2) 2002
Land Transport (Offences and Penalties) Amendment Regulations (No 2) 2002
Land Transport (Offences and Penalties) Amendment Regulations (No 2) 2002
2002/140
Land Transport (Offences and Penalties) Amendment Regulations (No 2) 2002
Note
These regulations are administered in the Ministry of Transport.
Pursuant to sections 167 and 218 of the Land Transport Act 1998, Her Excellency the Governor-General, acting on the advice and with the consent of the Executive Council, makes the following regulations.
Contents
1 Title
-
(1) These regulations are the Land Transport (Offences and Penalties) Amendment Regulations (No 2) 2002.
(2) In these regulations, the Land Transport (Offences and Penalties) Regulations 19991 are called
“the principal regulations”
.
2 Commencement
These regulations come into force on 1 July 2002.
3 Summary offences and penalties
Regulation 3 of the principal regulations is amended by adding the following subclauses:
-
“(3) Subclauses (1) and (2) do not apply to a breach of—
“(a) section 2.6(8) of Land Transport Rule: Tyres and Wheels 2001, which is an offence under regulation 21(7A) of the Traffic Regulations 1976; or
“(b) section 8 of Land Transport Rule: Vehicle Dimensions and Mass 2002 if that breach consists of an overloading offence, which is an offence under section 43 of the Land Transport Act 1998.
“(4) To avoid doubt, the penalty applicable to a person who is liable on summary conviction for an overloading offence is specified by the scale in the applicable table in Part III of the Second Schedule of the Transport Act 1962.”
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4 Infringement offences
Regulation 4 of the principal regulations is amended by adding the following subclauses:
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“(4) Subclauses (1) and (2) do not apply to a breach of—
“(a) section 2.6(8) of Land Transport Rule: Tyres and Wheels 2001; or
“(b) section 8 of Land Transport Rule: Vehicle Dimensions and Mass 2002 if that breach consists of an overloading offence.
“(5) The infringement fee for a breach of section 2.6(8) of Land Transport Rule: Tyres and Wheels 2001 is specified by the scale in Part II of the Second Schedule of the Transport Act 1962.
“(6) The infringement fee for a breach of section 8 of Land Transport Rule: Vehicle Dimensions and Mass 2002, if that breach consists of an overloading offence, is specified by the scale in the applicable table in Part III of the Second Schedule of the Transport Act 1962.”
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Schedule |
r 5 |
| Provision | Brief description | Maximum penalty on summary conviction for individual ($) | Maximum penalty on summary conviction for body corporate ($) | Infringement fee for individual ($) | Infringement fee for body corporate ($) |
|---|---|---|---|---|---|
| Tyres and Wheels 2001 (32013):* | |||||
| Section 4.1 | Responsibilities of operators | 500 | 500 | 150 | 150 |
| Section 4.2 | Responsibilities of repairers | 500 | 500 | 370 | 370 |
| Section 4.3 | Responsibilities of modifiers | 500 | 500 | 370 | 370 |
| Section 4.4 | Responsibilities of certifiers | 500 | 500 | 370 | 370 |
| Section 4.5 | Responsibilities of manufacturers and retailers | 500 | 500 | 370 | 370 |
| Vehicle Dimensions and Mass 2002 (41001):** | |||||
| Section 8.1 | Responsibilities of operators | 1,000 | 1,000 | 370 | 370 |
| Section 8.2 | Responsibilities of modifiers | 1,000 | 1,000 | 370 | 370 |
| Section 8.3 | Responsibilities of inspectors and inspecting organisations | 1,000 | 1,000 | 370 | 370 |
| Section 8.4 | Responsibilities of manufacturers | 1,000 | 1,000 | 370 | 370 |
| * Does not apply if breach in respect of section 2.6(8) of the rule. | |||||
| ** Does not apply if breach in respect of an overloading offence. | |||||
Diane Wilderspin,
Acting for Clerk of the Executive Council.
Explanatory note
This note is not part of the regulations, but is intended to indicate their general effect.
These regulations, which come into force on 1 July 2002, amend the Land Transport (Offences and Penalties) Regulations 1999 by specifying the infringement fees and maximum penalties on summary conviction for breaches of section 2.6(8) of Land Transport Rule: Tyres and Wheels 2001 (32013) and various provisions of Land Transport Rule: Vehicle Dimensions and Mass 2002 (41001). With respect to a breach of section 2.6(8) of Land Transport Rule: Tyres and Wheels 2001 (32013), the offence provisions of the Traffic Regulations 1976 and the infringement fee scale of Part 2 of Schedule 2 of the Transport Act 1962 apply instead of these regulations. With respect to a breach of Land Transport Rule: Vehicle Dimensions and Mass 2002 (41001), if that breach consists of an overloading offence, the offence provisions of section 43 of the Land Transport Act 1998 apply instead of these regulations, which means that the penalty for summary conviction for an overloading offence is specified by the scale in the applicable table in Part 3 of Schedule 2 of the Transport Act 1962. These regulations also provide that the infringement fee for an overloading offence is specified by the scale in the applicable table in Part 3 of Schedule 2 of the Transport Act 1962. These regulations are a companion to the Traffic Amendment Regulations 2002 and the Heavy Motor Vehicle Amendment Regulations 2002.
Issued under the authority of the Acts and Regulations Publication Act 1989.
Date of notification in Gazette: 30 May 2002.
1 SR 1999/99