Land Transport Rule: Vehicle Equipment (Immobilisers) Amendment [2008]

Rule 32017/3

Questions and answers

General questions

1. 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.

2. What are the changes in the proposed amendment Rule?

The proposed amendment Rule contains changes to Land Transport Rule: Vehicle Equipment 2004 to make vehicle engine immobilisers mandatory for light passenger vehicles imported into New Zealand that have nine seats or less and are less than eight years old when they enter the fleet.

3. What is an immobiliser?

An immobiliser is an electronic device that interrupts one or more of the power supplies required to start a vehicle’s engine. Unless the correct electronic signal is provided (for example, by a transponder on the ignition key), the vehicle will not start.

4. Which vehicles are affected by the proposed changes?

The amendment Rule would apply to light passenger vehicles (Class MA, MB and MC) imported into New Zealand which have nine seats or less and are less than eight years old.

The Rule would not be retrospective (i.e. it would apply only to vehicles entering the fleet after the implementation date, which is expected to be early 2009) and would not impact on vehicles already on the road in New Zealand.

The Rule would also not apply to low-volume vehicles or to de-registered vehicles re-entering New Zealand’s vehicle fleet.

5. Why is the proposed amendment Rule needed?

The amendment Rule is aimed specifically at reducing opportunistic vehicle theft. Opportunistic theft involves the theft of a vehicle for a short-term purpose, e.g. for joyriding or to help commit another offence. The vehicle is often recovered, although in many cases, in a damaged condition. The Police estimate that 70-80% of vehicle theft in New Zealand is opportunistic.

In December 2004, the Government decided to make immobilisers compulsory on all newly-registered light passenger vehicles imported into New Zealand that have nine seats or less and are under eight years old.

This initiative is one of six contained in the Government’s Vehicle Crime Reduction Programme (VCRP) developed by the Ministry of Justice. The VCRP was developed in response to the Government’s Crime Reduction Strategy, which made reducing vehicle crime a priority.

The Ministry of Justice says a significant portion of New Zealand’s opportunistic vehicle theft is due to the ineffective security of many imported used vehicles.

6. What will the proposed change mean for vehicles imported into New Zealand?

Following implementation of the proposed amendment Rule, any new or used light passenger vehicle that enters the New Zealand fleet that is less than eight years old and has nine seats or less will be required to:

• have had an immobiliser fitted when imported, or
• have an approved immobiliser fitted prior to entry certification.

Light passenger vehicles entering the New Zealand fleet will not be registered for use on New Zealand roads unless they meet these requirements.

7. How many vehicles will be affected by the proposed amendment Rule?

New imported vehicles
The motor trade industry suggests that approximately 98% of new light passenger vehicles manufactured from the late 1990s onwards that are imported into New Zealand will have been fitted with immobilisers at the time of manufacture.

Used imported vehicles
A recent Land Transport-commissioned survey of 500, post-2000 Japanese light passenger vehicles bound for New Zealand indicates that the percentage of used light passenger vehicles fitted with immobilisers is 18%.

8. How can an entry certifier reliably determine if an imported vehicle has been fitted with an operational immobiliser?

New vehicles are certified pre-delivery by the manufacturer. This allows imported new vehicles to be certified (largely on the basis of compliance papers provided by the manufacturer) and registered for use on the road in a routine and timely manner. Under a mandatory vehicle immobilisation regime, vehicle importers will have to approach individual manufacturers/exporters to have immobiliser details included in vehicle compliance documents.

For used vehicles, however, the accompanying documents are not as reliable and as sufficient as they are for new vehicles (i.e. vehicle manuals are often not in English, do not contain an information on whether an immobiliser is fitted, or may not always be the correct manual for the specific model). Used vehicles are subject to a rigorous entry certification inspection; however, it is difficult to determine for certain if an immobiliser has been fitted, without removing and/or dismantling various components of the vehicle.

In order to determine if a used imported light passenger vehicle is fitted with an immobiliser, vehicle certifiers will conduct the following test. The test will consist of two parts either of which will be deemed sufficient as evidence of an immobiliser being present.

Part 1
The ignition key will be entered into a reader to verify whether or not the key has a transponder fitted. If the key has a transponder fitted this can be taken as evidence of an immobiliser being present.

Part 2
For vehicles that fail to show evidence of an immobiliser in ‘Part 1’ but do have a remote control central locking device the following procedure shall be followed. The certifier will sit in the vehicle, lock the doors using the remote control and attempt to start the vehicle’s engine using the ignition key. If the vehicle fails to start this can be taken as evidence of an immobiliser being present.

9. What happens if it can be reliably determined that an imported light passenger vehicle has an immobiliser fitted?

An immobiliser will have to be fitted before a light passenger vehicle can be registered for use on New Zealand roads. This work will have to be undertaken by a suitably qualified auto electrician before the vehicle can be entry-certified.

10. If an immobiliser is not installed at the time of manufacture, how can it be fitted later?

Installing an immobiliser typically involves grafting an electronic device onto the vehicle’s wiring loom. It is understood that it usually takes around two to three hours to install an immobiliser.

11. What is the risk to the vehicle if an immobiliser is not fitted correctly?

If an immobiliser is not fitted correctly, it could damage a vehicle’s engine management system. This risk is reduced if a properly trained and qualified auto electrician installs the device.

Likewise, fitting an immobiliser after manufacture could, in some circumstances, be considered to be interference with the engine management system, which may invalidate the vehicle’s warranty.

12. Can all vehicles be fitted with an immobiliser?

No, not all vehicles can be fitted with an immobiliser. For example, some older cars do not have an electronic base or a central wiring loom into which an immobiliser can be wired. Consequently, an immobiliser could not be fitted into such a system. However, as the proposed amendment Rule applies only to vehicles under eight years old, it is expected that few vehicles subject to this requirement will not be able to comply.

13. If a vehicle needs to be fitted with an immobiliser, by whom, when and where will this work be undertaken?

Should fitting of an immobiliser be required, the work is best done by a properly trained and qualified auto electrician at a time and place convenient to the importer, prior to final entry certification.

14. If an immobiliser has to be fitted, will this increase the time it takes to certify imported vehicles?

It is estimated it will take around five minutes to establish whether or not an immobiliser has been fitted to a new or used vehicle. If an immobiliser has to be fitted, it should take around two to three hours to do so provided a properly trained and qualified auto electrician, with the correct components, is available to do the work.

In cases where those vehicles do not have an immobiliser fitted before importation, this process will increase the time that a vehicle is held at entry certification sites but decrease the physical movement/transportation of imported vehicles before they can be sold.

15. What will it cost to meet the proposed new immobiliser requirement?

The New Zealand Security Association has advised that the cost of an after-market immobiliser could be as low as $150 (including the cost of fitting).

16. How will the proposed amendment Rule impact on vehicles brought into New Zealand that are more than eight years old and/or have more than nine seats?

The proposed amendment Rule is not retrospective, i.e., it is intended to apply only to light passenger vehicles entering the fleet that are less than eight years old and have nine seats or less. The proposed amendment would not affect vehicles already in New Zealand. The proposed Rule does not apply to low-volume vehicles or to de-registered vehicles re-entering New Zealand’s vehicle fleet.

17. When does the proposed amendment Rule come into force?

It is anticipated that the amendment Rule will come into force early in 2009.

18. Will this amendment help reduce road fatalities in line with the Government’s desire to reduce road deaths to 300 a year by 2010?

The proposed Rule is expected to reduce vehicle thefts. Stolen vehicles are sometimes involved in road crashes that result in fatalities, therefore the changes should help reduce road fatalities.

19. What is the statutory basis for the amendment Rule?

The Land Transport Act 1998 (the Act) provides for the Minister of Transport to make land transport Rules that govern the safety and licensing of vehicles.

Section 155(a) and (b) of the Act states that Rules may set out standards and requirements concerning vehicles, including their construction, repair, maintenance, modification, and requirements concerning systems, components, devices, fittings, or equipment to be incorporated in the construction of, fitted to, or carried in or on motor vehicles, or to be used by the driver or any other person.

20. How can I obtain a copy of the draft amendment Rule?

A copy of the draft amendment Rule, which is now available for public comment, can be obtained by contacting the Land Transport NZ Contact Centre on freephone 0800 699 000. The document is also available on the Land Transport NZ website here.

21. How can I make a submission on this amendment Rule and what’s the deadline for submissions?

Anyone can make a submission on a draft Rule, once it is published. For details on how to make a submission, click here.

The closing date for submissions on the Land Transport Rule: Vehicle Equipment Amendment (Immobilisers) [2008] is 23 May 2008.

Page created: 17 April 2008