Pursuant to subsection 70C (10) of the Transport Act 1962, the Director of Land Transport Safety hereby gives the following notice.
N o t i c e
1. Title and commencement-(1) This notice may be cited as the Transport (Driving Hours Logbook Exemption) Notice 2003.
(2) This notice shall come into effect on the day after its notification in the New Zealand Gazette.
2. Interpretation-In this notice, unless the context otherwise requires:
"the Act" means the Transport Act 1962;
"enforcement officer" has the same meaning as it has in section 2 (1) of the Transport Act 1962;
"evidence of vehicle inspection" has the same meaning as it has in section 2 (1) of the Land Transport Act 1998; and
"Director" means the Director of Land Transport Safety.
3. Exemption from driving hours logbook requirements
-The vehicles and classes of vehicles specified in Part A of the Schedule to this notice, and the services and classes
of services specified in Part B of the Schedule to this notice, are hereby declared to be exempt from the provisions of subsections (1) to (9) of section 70C of the Act.
4. Director retains power to require logbook use-Section 70C (10A) of the Act empowers the director, where he has grounds to believe that a driver or that person's employer does not fully comply with the requirements or conditions of an exemption in this notice, to give notice in writing that logbooks are to be maintained by the person or persons specified.
5. Driving hours requirements continue to apply-For the avoidance of doubt, any exemption in this notice applies in respect of the maintenance of logbooks only. The driving hours requirements specified in section 70B of the Act are not in any way affected by any provision in this notice.
6. Records to be kept-Pursuant to section 70C (10A) of the Act, it is a condition of any exemption provided in this notice that adequate records of the hours of work of each person using vehicles subject to section 70B (Driving Hours) must be kept for a period of 12 months and be available for inspection by any enforcement officer.
7. Prior notices replaced-(1) This notice replaces the Transport (Driver Logbooks Exemption) Order 1988.
(2) This notice revokes and replaces the Transport (Driver Logbooks Exemption) Notice 1989, and the Transport (Driver Logbooks Exemption) Notice 1990.
Schedule
Part A
Vehicles and classes of vehicles declared to be exempt from section 70C of the Act
1. Every vehicle (other than a passenger service vehicle) owned and operated by a territorial authority and driven by an employee for whom driving is secondary to their principal employment.
2. Every vehicle operated by any persons recognised by the Director as a person whose principal employment does not involve the driving of vehicles to which section 70B of the Act applies, when used within a 50 kilometre radius of that person's principal place of work.
3. Every combine or forage harvester travelling an on-road distance of less than 50 kilometres in a single day.
4. Every vehicle owned by the owner or manager of a farm and used for agricultural purposes related directly to the management of that farm within a 50 kilometre distance of that farm; including a vehicle used on a road to transport farm products, farm implements, stock, or farm requisites of any kind within such a distance.
5. Every vehicle driven for the purpose of obtaining evidence of vehicle inspection, if the vehicle is being driven to the nearest location at which evidence of vehicle inspection can be issued, and every vehicle driven from that location to the operator's normal business location.
6. Every vehicle (other than a passenger service vehicle) used exclusively in off-road areas to which the public does not have access as of right, or a construction vehicle operated within a designated work zone, and under the control of an approved temporary traffic management plan.
7. Every aircraft refuelling vehicle operating within a three kilometre radius of the control tower of a designated international airport.
8. Every vehicle operated by any person recognised by the Director of Land Transport Safety as a person who suffers from a medical condition that results in a physical inability to keep logbooks.
9. Every vehicle operated by any person operating solely
as a domestic rubbish collection service on contract to
a territorial authority for collection between 0500 and 1900 Monday to Saturday.
10. Every goods service vehicle requiring a class 1 or class
2 driver licence to operate, when driven within a
50 kilometre radius of the vehicle operator's usual business location.
11. Any forklift, requiring a class 1 driver licence with
F endorsement to operate, when driven within a
50 kilometre radius of the vehicle operator's usual business location.
Part B
Services and classes of services declared to be exempt from section 70C of the Act
1. Every enterprise (not being a vehicle recovery service) when engaged in the manufacture, mechanical repair, road testing, sales, servicing, or demonstration of new or used vehicles within a 50 kilometre radius of their usual business location.
2. Any vehicle, not fitted for nor normally used in a vehicle recovery service, when employed to lift, carry or tow a disabled vehicle.
3. Every transport service operated solely on the Chatham, Great Barrier or Stewart Islands.
Signed at Wellington this 28th day of July 2003.
DAVID ROBERT WRIGHT, Director of Land Transport Safety.