Land Transport (Offences and Penalties) Amendment Regulations 2002
Land Transport (Offences and Penalties) Amendment Regulations 2002
Land Transport (Offences and Penalties) Amendment Regulations 2002
2002/44
Land Transport (Offences and Penalties) Amendment Regulations 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 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 April 2002.
3 New Schedule 1 substituted
4 Defences
Regulation 5 of the principal regulations is amended by adding, as subclause (2), the following subclause:
-
“(2) It is a defence in any prosecution for an offence involving a breach of a provision of the Land Transport Rule: Seatbelts and Seatbelt Anchorages 2002 that requires that approved seat belts be obtained or seat belts be replaced if the defendant proves that, at the date of the alleged offence,—
“(a) reasonable but unsuccessful steps had been taken to obtain an approved seat belt, and an order for an approved seat belt had been placed with a supplier and was still in force; or
“(b) the seat belt or the fasteners, buckles, or retractors had been removed for repair by a seat belt manufacturer or his or her agent, and an order for the repair had been placed not more than 2 months previously and was still in force.”
-
5 Consequential amendments
The regulations specified in Schedule 2 are consequentially amended in the manner indicated in that schedule.
6 Revocations
The following regulations are revoked:
(a) regulations 3 and 4 of the Goods Service Vehicle (Constructional) Regulations 1936 (SR 1936/80):
(b) regulations 8(1), 9(3) and (4), 10(1) and (2), and 16A(1)(g) of the Heavy Motor Vehicle Regulations 1974 (SR 1974/218):
(c) regulation 4 of the Land Transport (Offences and Penalties) Amendment Regulations 2000 (SR 2000/285):
(d) regulation 16 of the Passenger Service Vehicle Construction Regulations 1978 (SR 1978/15):
(e) regulations 44A, 71, and 78 to 78D of the Traffic Regulations 1976 (SR 1976/227):
(f) regulation 3 and Schedule 1 of the Transport (Child Restraints and Seat Belts Approval) Notice 1984 (SR 1984/171):
(g) regulations 13, 14, and 29 to 31, and items 1 to 3 and 18 to 20 of Schedule 2 of the Transport (Vehicle Standards) Regulations 1990 (SR 1990/247).
Schedule 1 |
r 3 |
Schedule 1
Offence provisions and penaltiesrr 3, 4
Provision Brief description Maximum penalty on summary conviction for individual ($) Maximum penalty on summary conviction for body corporate ($) Infringement fee for individual ($) Infringement fee for body corporate ($) Dangerous Goods 1999 (45001): Section 10.1(1) Person or organisation involved in activity related to transport of dangerous goods must undertake activity safely and in compliance with Dangerous Goods rule 2,500 10,000 500 1,000 Section 10.1(2) Person or organisation not specified in sections 10.2 to 10.6 of the rules but involved in activity relating to transport of dangerous goods must comply with relevant requirements of Dangerous Goods rule 2,500 10,000 500 1,000 Section 10.1(3)(a) Person or organisation transporting dangerous goods must comply with requirements in section 2 of the rules relating to dangerous goods in limited quantities, consumer commodities, small packages, routine diagnostic specimens, and low-risk biological products 2,500 10,000 500 1,000 Section 10.1(3)(b) Person or organisation transporting dangerous goods must comply with requirements in section 2 of the rules relating to dangerous goods transported for use as tools-of-trade, for agricultural use, or for a commercial purpose, but not transported for hire or direct reward 2,500 10,000 250 750 Section 10.1(3)(c) Person or organisation transporting dangerous goods must comply with requirements in section 2 of the rules relating to dangerous goods transported for domestic or recreational purposes, but not transported for hire or direct reward 2,500 10,000 150 500 Section 10.1(4) Person or organisation transporting dangerous goods must not continue to transport those goods if the packaging they are contained in is leaking 7,500 37,500 1,500 7,500 Section 10.1(5) Person or organisation not transporting dangerous goods must not display labels, placards, or markings that identify or may be mistaken for labels, placards, or markings that identify dangerous goods 2,500 10,000 150 500 Section 10.2(a) Consignor of dangerous goods for transport must ensure that dangerous goods are properly packaged 5,000 25,000 1,000 5,000 Section 10.2(b)(i) Consignor of dangerous goods for transport must ensure that packages of dangerous goods display labels and marks to identify the goods as dangerous goods 10,000 50,000 2,000 10,000 Section 10.2(b)(ii) Consignor of dangerous goods for transport must ensure that packages of dangerous goods display the correct labels and marks 5,000 25,000 1,000 5,000 Section 10.2(c)(i) Consignor of dangerous goods for transport must ensure that required dangerous goods documentation is provided 10,000 50,000 2,000 10,000 Section 10.2(c)(ii) Consignor of dangerous goods for transport must ensure that required dangerous goods documentation contains the correct information 5,000 25,000 1,000 5,000 Section10.2(d) Consignor of dangerous goods for transport must ensure that required emergency response information is supplied 5,000 25,000 1,000 5,000 Section10.2(e) Consignor of dangerous goods for transport must ensure dangerous goods documentation is passed to the next person responsible for the transport or handling of the dangerous goods 7,500 37,500 1,500 7,500 Section10.3(a) Person who loads vehicle or freight container used to transport dangerous goods must ensure condition of packaging, labelling, and marking is checked for obvious defects 2,500 10,000 250 750 Section10.3(b) Person who loads vehicle or freight container used to transport dangerous goods must ensure that required load plan, or container, or vehicle packing certificate is prepared 5,000 25,000 1,000 5,000 Section 10.3(c) Person who loads vehicle or freight container used to transport dangerous goods must ensure compliance with any special loading instructions in dangerous goods documentation 5,000 25,000 1,000 5,000 Section 10.3(d) Person who loads vehicle or freight container used to transport dangerous goods must ensure mixed loads are segregated as required 5,000 25,000 1,000 5,000 Section 10.3(e) Person who loads vehicle or freight container used to transport dangerous goods must ensure that vehicle or freight container is placarded as required 5,000 25,000 1,000 5,000 Section 10.3(f) Person who loads vehicle or freight container used to transport dangerous goods must ensure the vehicle is securely loaded 3,500 15,000 750 2,500 Section 10.3(g) Person who loads vehicle or freight container used to transport dangerous goods must have undergone specific training on the transport of dangerous goods 2,500 10,000 500 1,000 Section 10.3(h) Person who loads vehicle or freight container used to transport dangerous goods must ensure dangerous goods documentation is passed to the next person responsible for the transport or handling of the dangerous goods 7,500 37,500 1,500 7,500 Section 10.4(a)(i) Driver or operator of road vehicle transporting dangerous goods must ensure the vehicle or load is placarded to indicate that it contains dangerous goods 7,500 37,500 1,500 7,500 Section 10.4(a)(ii) Driver or operator of road vehicle transporting dangerous goods must ensure placards are affixed in the correct position on the vehicle or load 3,500 15,000 750 2,500 Section 10.4(a)(iii) Driver or operator of road vehicle transporting dangerous goods must ensure the correct placards are displayed for the classes or divisions of goods located on the vehicle 5,000 25,000 1,000 5,000 Section 10.4(b)(i) Driver or operator of road vehicle transporting dangerous goods must ensure the vehicle is not parked for more than 18 hours unless it is in depot 2,500 10,000 500 1,000 Section 10.4(b)(ii) Driver or operator of road vehicle transporting dangerous goods must ensure vehicle is securely loaded 3,500 15,000 750 2,500 Section 10.4(b)(iii) Driver or operator of road vehicle transporting dangerous goods must ensure required emergency response information is carried 2,500 10,000 500 1,000 Section 10.4(b)(iv) Driver or operator of road vehicle transporting dangerous goods must ensure vehicle stops at railway level crossings as required 2,500 10,000 500 1,000 Section 10.4(c) Driver or operator of road vehicle transporting dangerous goods must have undergone specific training on the transport of dangerous goods 2,500 10,000 500 1,000 Section 10.4(e)(i) Driver or operator of road vehicle transporting dangerous goods must ensure dangerous goods documentation is carried 2,500 10,000 750 1,500 Section 10.4(e)(ii) Driver or operator of road vehicle transporting dangerous goods must ensure dangerous goods documentation is secured in dangerous goods holder in accordance with section 5 2,500 10,000 750 1,500 Section 10.4(e)(iii) Driver or operator of road vehicle transporting dangerous goods must ensure dangerous goods documentation is made available to dangerous goods enforcement officer or emergency services personnel if required 2,500 10,000 750 1,500 Section 10.4(e)(iv) Driver or operator of road vehicle transporting dangerous goods must ensure dangerous goods documentation is passed to the next person responsible for the handling or the transport of the dangerous goods 7,500 37,500 1,500 7,500 Section 10.4(f) Driver or operator of road vehicle transporting dangerous goods must ensure Schedule of Quantities is amended to record collection or delivery of dangerous goods 2,500 10,000 250 750 Section 10.4(g) Driver or operator of road vehicle transporting dangerous goods to ensure load plan is amended to record collection or delivery of dangerous goods and other goods from which dangerous goods are to be segregated 2,500 10,000 250 750 Section 10.5(a) Driver or operator of rail service vehicle must have undergone specific training on the transport of dangerous goods 2,500 10,000 500 1,000 Section 10.5(b)(i) Driver or operator of rail service vehicle must ensure dangerous goods documentation is carried 2,500 10,000 750 1,500 Section 10.5(b)(ii) Driver or operator of rail service vehicle transporting dangerous goods must ensure dangerous goods documentation is secured in dangerous goods holder in accordance with section 5 2,500 10,000 750 1,500 Section 10.5(b)(iii) Driver or operator of rail service vehicle must ensure dangerous goods documentation is made available to dangerous goods enforcement officer or emergency services personnel if required 2,500 10,000 750 1,500 Section 10.5(b)(iv) Driver or operator of rail service vehicle must ensure dangerous goods documentation is passed to the next person responsible for the transport or handling of the dangerous goods 7,500 37,500 1,500 7,500 Section 10.6 Person or organisation employing person to carry out activity related to transport of dangerous goods must ensure employee complies with the Dangerous Goods rule 5,000 25,000 1,000 5,000 Door Retention Systems 2001 (32001/1): 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 Driver Licensing 1999 (91001): Clause 37(2) Person must surrender driver identification card as and when required under the Driver Licensing rule 500 — — — Clause 105 Person must not deface, alter, or tamper with the characteristics of, or features of, or information displayed on, a driver licence or driver identification card 500 — — — External Projections 2001 (32008/1): 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 Frontal Impact 2001 (32006/1): 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 Glazing 1999 (32012/1): Section 7.1 Responsibilities of operators 500 500 150 150 Section 7.2 Responsibilities of repairers 500 500 370 370 Section 7.3 Responsibilities of modifiers 500 500 370 370 Section 7.4 Responsibilities of certifiers 500 500 370 370 Section 7.5 Responsibilities of manufacturers and retailers 500 500 370 370 Head Restraints 2001 (32010/1): 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 Interior Impact 2001 (32002/1): 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 Light-vehicle Brakes 2002 (32014): 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 Passenger ServiceVehicles 1999(31001): Section 10.1 Responsibilities of operators 500 500 370 370 Section 10.2 Responsibilities of repairers 500 500 370 370 Section 10.3 Responsibilities of modifiers 500 500 370 370 Section 10.4 Responsibilities of certifiers 500 500 370 370 Section 10.5 Responsibilities of manufacturers and importers 500 500 370 370 Seatbelts and Seatbelt Anchorages 2002 (32011): Section 5.1 Responsibilities of operators 500 500 150 150 Section 5.2 Responsibilities of repairers 500 500 370 370 Section 5.3 Responsibilities of modifiers 500 500 370 370 Section 5.4 Responsibilities of certifiers 500 500 370 370 Section 5.5 Responsibilities of manufacturers and retailers 500 500 370 370 Seats and Seat Anchorages 2002 (32004): 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 Steering Systems 2001 (32003/1): 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 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 Repair 1998 (34001): Section 3.1 Responsibilities of repairers 500 500 370 370 Vehicle Standards Compliance 2002 (35001/1): Section 2.1(2) Responsibilities of certifiers 500 500 370 370 Section 2.2(2) Responsibilities of certifiers 500 500 370 370 Section 6.3(6) Responsibilities of manufacturers 500 500 370 370 Section 10.2(1) Responsibilities of operators 500 500 200 200 Section 10.3 Responsibilities of operators 500 500 200 200 Section 10.5 Responsibilities of operators 500 500 200 200 Section 10.6 Responsibilities of operators 500 500 200 200 Section 10.7 Responsibilities of operators 500 500 200 200
Schedule 2 |
r 5 |
Add to regulation 2:
“(5) This regulation only applies to vehicles that have a gross vehicle mass that exceeds 3 500 kg.”
Passenger Service Vehicle Construction Regulations 1978 (SR 1978/15)
Insert, before regulation 5:
“4A Application of regulations 5 to 15
Regulations 5 to 15 only apply to passenger service vehicles that have a gross vehicle mass that exceeds 3 500 kg.”
Traffic Regulations 1976 (SR 1976/227)
Omit from paragraph (a) of the definition of approved in regulation 2 the words “seat belts and”
.
Omit the expression “2,000”
from regulation 68(6) and substitute the expression “3 500”
.
Omit the expression “2,000”
from regulation 68(7) and substitute the expression “3 500”
.
Add to regulation 68:
“(12) This regulation only applies to vehicles that have a gross vehicle mass that exceeds 3 500 kg.”
Add to regulation 83, as subclause (2):
“(2) This regulation only applies to vehicles that have a gross vehicle mass that exceeds 3 500 kg.”
Marie Shroff,
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 April 2002, replace Schedule 1 of the Land Transport (Offences and Penalties) Regulations 1999 with a new Schedule 1. The new Schedule 1 amends the previous Schedule 1 by—
-
(a) specifying infringement fees and maximum penalties on summary conviction for the breaches of various provisions in the following new Land Transport Rules:
•Light-vehicle Brakes 2002 (32014):
•Seatbelts and Seatbelt Anchorages 2002 (32011):
•Seats and Seat Anchorages 2002 (32004):
•Tyres and Wheels 2001 (32013); and
-
(b) providing references to the following updated Land Transport Rules:
•Door Retention Systems 2001 (32001/1):
•External Projections 2001 (32008/1):
•Frontal Impact 2001 (32006/1):
•Head Restraints 2001 (32010/1):
•Interior Impact 2001 (32002/1):
•Steering Systems 2001 (32003/1):
•Vehicle Standards Compliance 2002 (35001/1).
Issued under the authority of the Acts and Regulations Publication Act 1989.
Date of notification in Gazette: 28 February 2002.
1 SR 1999/99