Rules governing New Zealand’s commercial transport industry will be tightened up further following the signing of the Operator Licensing and Work Time and Logbooks Rules, Transport Safety Minister Harry Duynhoven announced today.

The majority of changes will take effect on 1 October this year and will affect the passenger service, goods service, vehicle recovery and rental vehicle industries.

“The changes include new processes for calculating and recording hours worked, measures to improve identification and performance of drivers and operators and tougher requirements for those entering the industry.

“Many of the changes are aimed at strengthening the responsibilities for taxi companies and tightening requirements for taxi drivers,” said Mr Duynhoven.

The new legal responsibilities for taxi companies include:

• ensuring drivers have current taxi licences and an identification card;
• recording drivers log-on and log-off times;
• ensuring drivers keep log records for 12 months;
• reporting serious complaints, and names of drivers whose employment has been terminated due to improper behaviour to the Director of Land Transport;
• requiring people setting up a new taxi company to pass a new proficiency test to show they have sufficient skill and knowledge to operate a taxi company responsibly;
• requiring new taxi companies to have unique signage and a consistent fare schedule to prevent confusion between different companies due to look-a-like signage;
• requiring all taxis to have an interior sign in braille, displaying relevant information, by October 2008;
• drivers working in Auckland and Wellington with less than a year’s experience, as at 1 October 2007, will need to sit and pass ‘area knowledge certificates’ for the entire metropolitan area, and may also have sit an approved English test.

“There have been strong calls from the public and the taxi industry for companies to be accountable for their members and drivers in order to improve the quality of taxi services. By strengthening the rules we are acknowledging their influence over the standards of safety and service of their members and drivers,” said Mr Duynhoven.

“Provisions introduced in the Work Time and Logbooks Rule will also provide a simpler way of accounting for work time and will encourage better management of driver fatigue by commercial transport operators.

“It is important for visitors to our country and cities to know that New Zealand has a quality taxi industry.

“These changes will help to increase the safety and security of the travelling public and road users and are in response to requests from both the public and industry to provide a better and more sustainable road transport industry,” said Mr Duynhoven today.

Questions and Answers

What law changes are being made?

The Land Transport Amendment Act passed in 2005 supports two new Land Transport Rules – Land Transport Rule: Operator Licensing (the Operator Licensing Rule) and Land Transport Rule: Work Time and Log Books (the Work Time and Logbooks Rule).

Both Rules were signed on 28 June 2007 and most provisions within these Rules will take effect on 1 October 2007 at the same time as provisions in the Act relating to work time and logbook requirements, operator licensing, and offences and penalties.

What does the Work Time and Logbooks Rule cover?

The Work Time and Logbooks Rule sets out:

• variations to work time limits;
• when a minimum 30 minute rest period must be taken;
• Roles, duties and responsibilities for managing driver fatigue;
• How records of hours worked should be kept and maintained;
• Formats for logbook design;
• How logbooks should be used and by whom; and
• Requirements for any fatigue management schemes used in place of work time and/or logbook requirements.

Who does the Rule affect?

The Rule applies to anyone who is legally required to manage driving hours (now called ‘work time’). This includes transport service operators, managers or principals of firms that employ drivers.

When does it come into effect?

Although most provisions within the Rule come into effect on 1 October 2007, all previous work time and logbook exemptions previously issued will expire six months afterwards (1 April 2008) and old log book forms will become invalid nine months later (1 July 2008)

What does the Operator Licensing Rule cover and who does it affect?

The Operator Licensing Rule sets out requirements for transport service licence holders (passenger service, goods service, vehicle recovery or rental service). Some new provisions will also affect approved taxi organisations (ATOs), hirers of rental service vehicles, drivers of small passenger service vehicles including ‘dial-a-drivers’, goods service vehicles and vehicle recovery service vehicles.

A major change affecting most transport service licence (TSL) holders is the requirement to display their TSL (passenger service licence/goods service licence/rental service licence or vehicle recovery licence) number on the exterior of all vehicles operating under that TSL number .

When does this come into effect?

All provisions are due to take effect on 1 October 2007, with the exception of the requirement for some existing taxi drivers in Auckland and Wellington to obtain additional Area Knowledge Certificates for the entire metropolitan areas (1 April 2008) and a requirement for taxis to display vehicle and ATO-related information in Braille (1 October 2008).

How do these Rules relate to the Land Transport Amendment Act (the Act)?

The Act and Rules are interdependent in many areas. Provisions that are ‘high level’ in nature are contained in the Act, while ‘low level’ operational details are located in the Rules. For example, the Act sets new limits for hours worked by the commercial transport sector and removes the current distinction between on-duty and driving hours, replacing this with ‘work time’ hours. The Work Time and Logbooks Rule then sets out the more detailed requirements – who must record their driving hours, when rest breaks must be taken, how records of hours worked must be kept and maintained, and how logbooks should be designed and used, and by whom, and so on.

There are also provisions within the Act that do not relate to either Rule (such as removal of the requirement for a goods service licence for vehicles under 6000 kg) which will also come into effect on 1 October 2007.

How can I obtain a copy of these Rules?

A printed copy of the Operator Licensing Rule and the Work Time and Logbooks Rule will be available for purchase from selected bookshops throughout New Zealand that sell government legislation. A copy can also be obtained by contacting the printers and distributors (Wickliffe) at freephone 0800 226 440. The Rules will also be available on line at,www.landtransport.govt.nz/rules/

How can I obtain further information about the Rules?

To obtain further information about these two Rules, you can contact the Land Transport NZ Call Centre on freephone 0800 822 422 or access the Land Transport NZ website at,www.landtransport.govt.nz/commercial/law-changes-2007.html