Land Transport (Offences and Penalties) Amendment Regulations 2000
Land Transport (Offences and Penalties) Amendment Regulations 2000
Land Transport (Offences and Penalties) Amendment Regulations 2000
2000/285
Land Transport (Offences and Penalties) Amendment Regulations 2000
Note
These regulations are administered in the Ministry of Transport.
Pursuant to sections 167 and 218 of the Land Transport Act 1998, His Excellency the Governor-General, acting on the advice and with the consent of the Executive Council, makes the following regulations.
1 Title
-
(1) These regulations are the Land Transport (Offences and Penalties) Amendment Regulations 2000.
(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 25 January 2001.
3 New provision inserted
The principal regulations are amended by inserting, after regulation 2, the following regulation:
“2A Overloading offences
For the purposes of the definition of the term overloading offence in section 2(1) of the Act, an overloading offence is an offence—
“(a) referred to in section 43 of the Act; or
“(b) specified in Part III of the Second Schedule of the Transport Act 1962.”
4 New Schedule 1 substituted
-
[Revoked]
Regulation 4 was revoked, as from 1 April 2002, by regulation 6(c) Land Transport (Offences and Penalties) Amendment Regulations 2002 (SR 2002/44).
5 Revocations
The following regulations are revoked:
(a) Land Transport (Offences and Penalties) Amendment Regulations 1999 (SR 1999/241):
(b) Land Transport (Offences and Penalties) Amendment Regulations (No 2) 1999 (SR 1999/314).
Schedule |
r 4 |
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 ($) Infringement fee for body corporate ($) Door Retention Systems 1997 (32001): Section 4.1 Operators' responsibilities 500 500 150 150 Section 4.2 Repairers' responsibilities 500 500 370 370 Section 4.3 Modifiers' responsibilities 500 500 370 370 Section 4.4 Responsibilities of certifiers 500 500 370 370 Section 4.5 Responsibilities of manufacturers, importers, and retailers 500 500 370 370 Interior Impact 1997 (32002): Section 4.1 Operators' responsibilities 500 500 150 150 Section 4.2 Repairers' responsibilities 500 500 370 370 Section 4.3 Modifiers' responsibilities 500 500 370 370 Section 4.4 Responsibilities of certifiers 500 500 370 370 Section 4.5 Responsibilities of manufacturers, importers, and retailers 500 500 370 370 Steering Systems 1997 (32003): Section 4.1 Operators' responsibilities 500 500 150 150 Section 4.2 Repairers' responsibilities 500 500 370 370 Section 4.3 Modifiers' responsibilities 500 500 370 370 Section 4.4 Responsibilities of certifiers 500 500 370 370 Section 4.5 Responsibilities of manufacturers, importers, and retailers 500 500 370 370 Frontal Impact 1997 (32006): Section 4.1 Operators' responsibilities 500 500 150 150 Section 4.2 Repairers' responsibilities 500 500 370 370 Section 4.3 Modifiers' responsibilities 500 500 370 370 Section 4.4 Responsibilities of certifiers 500 500 370 370 Section 4.5 Responsibilities of manufacturers, importers, and retailers 500 500 370 370 External Projections 1997 (32008): Section 4.1 Operators' responsibilities 500 500 150 150 Section 4.2 Repairers' responsibilities 500 500 370 370 Section 4.3 Modifiers' responsibilities 500 500 370 370 Section 4.4 Responsibilities of certifiers 500 500 370 370 Section 4.5 Responsibilities of manufacturers, importers, and retailers 500 500 370 370 Head Restraints 1997 (32010): Section 4.1 Operators' responsibilities 500 500 150 150 Section 4.2 Repairers' responsibilities 500 500 370 370 Section 4.3 Modifiers' responsibilities 500 500 370 370 Section 4.4 Responsibilities of certifiers 500 500 370 370 Section 4.5 Responsibilities of manufacturers, importers, and retailers 500 500 370 370 Glazing 1999 (32012/1): Section 7.1 Operators' responsibilities 500 500 150 150 Section 7.2 Repairers' responsibilities 500 500 370 370 Section 7.3 Modifiers' responsibilities 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 Vehicle Repair 1998 (34001): Section 3.1 Repairers' responsibilities 500 500 370 370 Vehicle Standards Compliance 1998 (35001): Section 10.1 Responsibilities of owners and operators 500 500 200 200 Section 10.2 Responsibilities of certifiers 500 500 370 370 Section 10.3 Responsibilities of manufacturers and importers 500 500 370 370 Passenger Service Vehicles 1999 (31001): Section 10.1 Operators' responsibilities 500 500 370 370 Section 10.2 Repairers' responsibilities 500 500 370 370 Section 10.3 Modifiers' responsibilities 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 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 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 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 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 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 Section 10.2(d) Consignor of dangerous goods for transport must ensure that required emergency response information is supplied 5,000 25,000 1,000 5,000 Section 10.2(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 Section 10.3(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 Section 10.3(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 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 — — —
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 25 January 2001, replace Schedule 1 in the Land Transport (Offences and Penalties) Regulations 1999 with a new Schedule 1. The new Schedule 1 augments the previous Schedule 1 by specifying infringement fees for breaches of various provisions in the following Land Transport Rules:
•Door Retention Systems 1997 (32001):
•Interior Impact 1997 (32002):
•Steering Systems 1997 (32003):
•Frontal Impact 1997 (32006):
•External Projections 1997 (32008):
•Head Restraints 1997 (32010):
•Glazing 1999 (32012/1):
•Vehicle Repair 1998 (34001):
•Vehicle Standards Compliance 1998 (35001):
•Passenger Service Vehicles 1999 (31001).
These regulations also clarify what constitutes overloading offences and the relevant penalties for them.
Issued under the authority of the Acts and Regulations Publication Act 1989.
Date of notification in Gazette: 20 December 2000.
1 SR 1999/99