Land Transport Rule

GOOD NEWS ON THE TRANSPORT FRONT!

Effective 1st Oct 2007
(Message to schools from the Trustees Assn member Chris Haines)

Boards will be very pleased to know a new Land Transport Rule, effective from the 1st Oct 2007, will address the many issues which have arisen over the years concerning the transportation of students and clarify requirements which boards should be aware of.
The important part of the rule is the size of the vehicle, which is one that is designed or adapted to carry 12 or fewer persons (including the driver).

Below is the relevant extract from the Rule:

Land Transport Rule
Operator Licensing 2007
Rule 81001
Section 12 Exempt passenger services
12.1 (1) The following passenger services are exempt services for the purposes of the Act and this Rule:
(b) a passenger service where persons are transported under a cost-sharing arrangement between the occupants of a vehicle designed or adapted to carry 12 or fewer persons (including the driver)
(Note: “cost-sharing arrangement” is a defined term.)

Cost-sharing arrangement includes (but not limited to) fuel costs and reasonable wear and tear of a vehicle; but does not include any infringement fee incurred in the course of the journey, or compensation for the driver’s travelling time.

(f) a passenger service that involves the transporting of school children by parents or caregivers in a vehicle designed or adapted to carry 12 or fewer persons (including the driver) in return for a Ministry of Education private transport allowance, including cases in which that allowance is pooled and paid to the conveying parent or caregiver;
(g) a passenger service that involves transporting of pupils and their escorts to or from any activity of a school, or children to or from any activity of a kindergarten, play-centre, or other institution providing pre-school education provided that:
(i) the vehicle is designed or adapted to carry 12 or fewer persons (including the driver); and
(ii) the vehicle used is provided by the institution or the driver; and
(ii) the driver is a staff member of the institution, or a person approved by the institution, or apparent or caregiver of one of the children being carried; and
(iv) the only payment in respect of that service made by the institution to a driver who provides the vehicle is for reimbursing that person the cost of running the vehicle, and does not include payment for the driver’s service
(Extracted from www.landtransport.govt.nz)

The only comment I would make is that at last the thorny issues around schools having their own vans have been answered in this new legislation.

Further information may be obtained from Land Transport NZ, or the helpdesk on 0800 782 435, or myself chaines@nzsta.org.nz

Note (added by Arthur Sutherland, EONZ) Land Transport NZ is now known as NZ Transport Agency.  The link above is active.