What are Land Transport Rules?
Land Transport New Zealand produces Land Transport Rules in collaboration with the Ministry of Transport. Rules are signed into law by the responsible Minister under the Land Transport Act 1998 (the Land Transport Act).
Rules are made in respect of a wide range of matters covered by the New Zealand Transport Strategy. These include safeguarding and improving land transport safety and security, improving access and mobility, assisting economic development, protecting and promoting public health and helping to ensure environmental sustainability.
What danger is posed by traction engines?
The primary risk associated with traction engines is that a boiler malfunction may cause an explosion, endangering the users and anyone standing near the engine.
Why is this Rule being proposed?
This proposed Rule would replace the Land Transport (Traction Engine Safety) Regulations 2006 (the 2006 Regulations) which were put in place as an interim measure until the Rule was completed.
The requirement for traction engines to be operated in a safe condition by appropriately qualified persons is prescribed in the Land Transport Act as amended by the Land Transport Amendment Act 2005. These provisions replaced and updated older legislation, such as the Boilers, Lifts and Cranes Act 1950.
What are the main changes?
The key provisions in the proposed Rule are:
- qualification requirements for using a traction engine;
- a requirement for the vehicle to have a valid certification of inspection that has been issued within the last two years, rather than every year as required under the previous provisions.
Which vehicles does the proposed Rule apply to?
The proposed Rule applies to the operation of traction engines in public places.
In what circumstances would the Rule apply?
The Land Transport Amendment Act 2005 requires that, when a traction engine is used in a public place:
- the vehicle is certified; and
- the people using the vehicle be appropriately qualified,
The Rule would not apply to the operation of a traction engine in an area that is not, at the time, open to members of the public.
What is a 'public place' for the purposes of the Rule?
A public place is defined in section 22B(3) of the Land Transport Act as "a place that is open to, or being used by, the public, whether or not there is a charge for admission" and "includes a road and any part of a public place".
Does a traction engine have to be driven to be covered by the Rule?
The scope of the proposed Rule includes a traction engine that is not being driven, but is under steam to drive machinery.
How often would a traction engine have to be certified?
The proposed Rule requires that a traction engine must display evidence of certification of the pressure equipment, and that:
- 1. the certificate of inspection must be less than two years old;
- 2. the certifier must be a person recognised by the Secretary of Labour for this purpose.
Under the Boilers, Lifts and Cranes Act 1950, certification was required every year.
Why must drivers and operators be licensed?
Section 22B(1)(b) of the Land Transport Act specifies that a person using a traction engine in a public place must be legally permitted to drive a motor vehicle. The proposed Rule reinforces that requirement by stating that every person using a traction engine must hold a valid driver licence (of any class).
In most situations, a traction engine in motion will have a crew of two persons, both of whom would need to be suitably qualified. The proposed Rule describes an 'engine driver' (in this context, the person in charge of the steam equipment) and a 'steerer' (the person using the steering wheel). A person in charge of a stationary vehicle would also need the required driver licence.
What qualifications would be required for the crew of a vehicle in motion?
Qualified engine drivers would require a full Class 1 driver licence as well as the appropriate engine driver qualifications. Qualified steerers must have a full Class 1 driver licence and appropriate steerer qualifications.
A person without the appropriate steam qualifications would be able to drive or steer provided they had a valid driver licence (of any class) and were under instruction from a qualified person.
What qualifications would apply for a stationary traction engine?
The person for the time being "in charge" of the vehicle would be required to hold a full Class 1 driver licence, as well as the appropriate engine driver or steerer qualification.
Are the qualifications proposed in the Rule different from those currently required?
Yes. They are less onerous that those specified in the 2006 Regulations, which require anyone using a traction engine to hold a Class 2 driver licence.
How is the Rule being consulted on?
The draft Rule and overview (yellow draft) have been released for public comment. Submissions close on 23 May 2008.
Following completion of the public consultation phase, the draft Rule will be submitted to the Ministry of Transport for government scrutiny. The final draft of the Rule will then go to Cabinet for noting, and, finally, will be submitted for signature by the Minister for Transport Safety.
What is the statutory basis of the Rule?
The Land Transport Act provides for the Minister of Transport to make land transport Rules that:
- specify different requirements for drivers of different experience;
- set out standards and requirements concerning vehicles, including their repair, maintenance and inspection;
- provide for the periodical or other examination of traction engines and the issue of a certificate of compliance for boilers and other pressure vessels;
- provide for the identification, licensing and/or inspection of vehicles, road users and other persons who provides services in the land transport system;
- provide for the setting of standards, specifications, restrictions, registration and licensing requirements for vehicles, road users and other persons who provide services in the land transport system including provisions that provide for the approval of qualifications and specify conditions for the safe use of traction engines; and
- require that a land transport document be held by or in respect of vehicles, road users or other persons who provides services in the land transport system.
In addition, section 22C of the Act, requires that traction engines be operated in compliance with rules made under the Act.
When would the Rule come into force?
Subject to government approval, it is proposed that the Rule will come into force in 2009.
Where can interested parties get more information?
Copies of the yellow draft may be obtained by contacting the Land Transport NZ Contact Centre on 0800 699 000. It is also available on the NZ Transport Agencywebsite here.
