DRAFT Land Transport Rule: Steering Systems Amendment [2009]

Rule 32003/2

Questions and answers

Note: On 1 August 2008, Land Transport New Zealand and Transit New Zealand become the New Zealand Transport Agency. The NZ Transport Agency brings together the functions of Land Transport New Zealand and Transit to provide an integrated approach to transport planning, funding and delivery.

General questions

What is the aim of the changes proposed in the amendment Rule?

The proposed amendment Rule will amend Land Transport Rule: Steering Systems 2001(the Steering Systems Rule), which sets out safety requirements and standards covering the design, construction and maintenance of steering systems in motor vehicles.

The purpose of this amendment to the Steering Systems Rule is to revise the current requirements relating to the certification and use on the road of left-hand drive (LHD) vehicles that are imported into New Zealand.

The amendment Rule aims to provide for a more efficient and effective LHD regime that is:

• free of anomalies and unnecessary requirements;
• not open to abuse; and
• enforceable and safe.

Why is the amendment Rule needed?

Vehicles in New Zealand are driven on the left-hand-side of the road. Regulation 70 of the Traffic Regulations 1976 requires that the steering column of a vehicle must be on the right of the vehicle. Although right-hand drive (RHD) vehicles are the norm, some LHD vehicles are exempted from this requirement and are allowed to be operated in New Zealand without having to be converted to right-hand drive.

Currently, LHD vehicles may be registered for use on New Zealand roads if they fall into one of the following categories:

• light vehicles (of not more than 3500 kg gross vehicle mass (GVM)) less than 20 years old for the personal use of the importer, provided that the importer has owned and operated the vehicle overseas for at least 90 days;
• light vehicles 20 years old or more;
• motor vehicles with dual steering controls;
• other specialist vehicles such a mobile cranes and hearses;
• vehicles operated by diplomats and by ‘Operation Deep Freeze’ personnel;
• vehicles previously exempted from the legislation prior to the coming into force of the 1998 Gazette notice;
• vehicles exempt from registration and licensing.

Left-hand-drive vehicle enthusiasts have suggested that the current regime is unfair and prevents a large number of classic and collectable vehicles from being imported into New Zealand.

Why is the entry of left-hand drive vehicles into New Zealand restricted?

There have always been restrictions around the importation of LHD vehicles. What this proposed amendment will do is help ensure that the system around the importation of these vehicles is much better aligned with the needs of LHD vehicle enthusiasts while still retaining an acceptable level of safety.

What are the safety implications of driving LHD vehicles in a RHD environment?

The main risk to safety from operating a LHD vehicle in a RHD environment arises from the driver being seated near the side of the road, rather than the centre of the road. This limits the driver’s view of other traffic on the road, particularly oncoming vehicles and those positioned to the right of the vehicle. Although this risk is lower in urban areas and divided highways, it’s particularly high when overtaking.

Research shows that, in the United Kingdom in 2005, continental European LHD heavy goods vehicles were over 4.5 times more likely to be involved in crashes while turning, overtaking or lane-changing than RHD heavy goods vehicles were. It was suggested that a substantial proportion of these crashes were caused by drivers’ reduced direct field of view to the side and rear of the right-hand side of the vehicle.

In New Zealand, the numbers of LHD vehicles are currently very small in comparison to the size of the fleet and there is no evidence that LHD vehicles are over-represented in New Zealand crash statistics.

How will the amendment Rule impact on importers of light LHD vehicles less than 20 years old?

Currently, the registration of a light LHD vehicle is subject to the importer:

• importing the vehicle for their own personal use;
• registering only one such vehicle in a five-year period;
• registering the vehicle in their name for at least five years after its first registration;
• registering, owning and operating the vehicle outside New Zealand for 90 days or more prior to importation.

These requirements were originally intended to provide for ‘baggage vehicles’ (the term applied colloquially to vehicles brought into New Zealand by immigrants or returning New Zealand citizens) and, as they are the only legal method of registering a modern LHD vehicle in New Zealand, they have been criticised for being inappropriate for importing modern collectable or special interest vehicles. The requirement to own and operate a vehicle overseas for at least 90 days prior to importation has been criticised as being impractical for New Zealand-based importers – both private and those who wish to import special interest vehicles on a commercial basis.

Similarly, the restriction on owning only one such vehicle in a five-year period has also been criticised by classic car collectors who maintain their LHD vehicles are not unsafe.

The proposed amendment Rule would replace the ‘90-day-prior-to-importation’ ownership requirement with a regime that restricts LHD vehicle imports to vehicles that have been identified as special interest vehicles. There will no longer be a requirement for the importer to have owned and operated the vehicle overseas prior to importing it. These vehicles will be issued with a ‘left-hand drive permit’ if they meet the conditions set out in the proposed amendment Rule. The proposed Rule would apply a quota of 500 left-hand drive permits issued in any calendar year.

What does the proposed Rule mean for other ‘baggage’ LHD vehicles?

The proposed amendment Rule does not contain provisions that allow someone immigrating to New Zealand to automatically bring their LHD vehicle with them. There is a ready supply of right-hand drive vehicles of all types in New Zealand and these are well priced. It is seldom economically viable to import a vehicle to New Zealand because of this. However, if an immigrant owns a special interest left-hand drive vehicle, there is no reason why this could not be imported under general criteria for vehicles of this type

How will the amendment Rule impact on light LHD vehicles more than 20 or more years old?

The proposed amendment will remove current ownership requirements for light LHD vehicles that are 20 years old or more.

Currently, these vehicles can be registered by a New Zealand citizen or resident if the vehicle:

• is imported for the importer’s own personal use;
• was manufactured 20 years or more before the date it was imported; and
• is the only LHD vehicle of this type registered by the importer within a 12-month period.

These requirements were introduced to allow a limited number of vintage and classic LHD vehicles to enter the fleet without the risk of the provisions being exploited for commercial gain.

The proposed amendment will:

• remove the limit on the number of LHD vehicles of this type that can be imported within a 12-month period; and
• substitute the current requirement that a vehicle must be imported for the importer’s own personal use with a requirement that the vehicle not be used in a transport service.

How does the proposed amendment Rule impact on specialist LHD vehicles?

Currently, ‘specialist’ LHD vehicles can enter the New Zealand fleet if they are used for a purpose which requires LHD control for operational or safety purposes – or when a RHD vehicle is not available (due to a very limited market or supply). Such vehicles include:

• mobile cranes;
• vehicles equipped as hearses;
• earthmoving machines;
• agricultural tractors or self-propelled agricultural harvesting machines;
• vehicles operating wholly or partly on self-laying tracks;
• any other specialist vehicle confirmed by the Director of Land Transport as having special characteristics, or equipped for special operational purposes so that conversion to RHD is impractical.

The amended Rule seeks to retain these requirements, although imports of LHD hearses will be restricted to purpose-built hearses (ie, vehicles identified by the manufacturer as hearses).

How does the amendment Rule impact on LHD vehicles operated by diplomats?

Currently, anyone entitled to immunity from jurisdiction by, or under, the Diplomatic Privileges and Immunities Act 1968 and the Consular Privileges and Immunities Act 1971, may import and register a LHD vehicle.

Under the amendment Rule, such people will still be able to do so (on the condition that the vehicles do not enter the general fleet).

How does the amendment Rule impact on LHD vehicles operated by staff of Operation Deep Freeze?

Staff engaged in ‘Operation Deep Freeze’ (the United States mission to Antarctica, based in Christchurch) are also able to import and register a LHD vehicle for use on New Zealand roads. However, it is proposed to remove this concession, meaning that Operation Deep Freeze staff will no longer be able to import and register LHD vehicles.

This has been proposed because there is little evidence that this concession is being used at present. Only one LHD vehicle that was imported under the current exemption for Diplomatic and Operation Deep Freeze staff is presently registered in New Zealand. The best option for staff if they want to use LHD vehicles is to bring them in under temporary import provisions. This allows LHD vehicles to be used here for a 12-month period while retaining their United States registration. Land Transport NZ/the NZ Transport Agency invites comment on whether there is a continued need for this concession by Operation Deep Freeze staff.

How does the amendment Rule impact on LHD motorcycles with side cars?

The proposed amendment Rule would allow motorcycles with side-cars to have the side-car fitted to the right-hand side of the motorcycle.

How does the amendment Rule impact on other LHD vehicles?

The following categories of vehicles with LHD are also currently exempted:

• vehicles exempted by regulation prior to the coming into force of the Gazette notice on 1 April 1998;
• any vehicle that is exempt from registration requirements in accordance with regulation 3 of the Transport (Vehicle Registration and Licensing) Regulations 1994; and
• vehicles purchased from the Crown by the owner (or a previous owner).

The amended Rule would retain these as exceptions.

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

In New Zealand, the number of LHD vehicles is currently very small in comparison with the size of the vehicle fleet. Around 4500 of these vehicles have come into New Zealand since 1998. There is no information to indicate that LHD vehicles are over-represented in New Zealand crash statistics. The proposed amendment Rule seeks to maintain this situation by keeping imports of LHD vehicles at a similar level to that at present.

Therefore, it is not expected that the proposed amendment Rule will have any impact on the number of road deaths on New Zealand roads.

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 154 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.

What is the consultation process around the amendment Rule?

The yellow draft of the amendment Rule is being released for public consultation. The availability of the draft Rule and associated information material is being advertised in major daily newspapers and the New Zealand Gazette. Groups and individuals who have registered their interest in this Rule will be advised of the availability of the draft and invited to make a submission.

What is the proposed timetable for implementation of the Rule?

Subject to government approval, it is proposed that the Rule will come into force in 2009.

How long do I have to make a submission?

There is a six-week period for public consultation. Submissions close on 21 August 2008.

How can I get a copy of or obtain further information on the draft amendment Rule?

A copy of the draft amendment Rule and further information can be obtained by calling our Contact Centre on freephone 0800 699 000.

Page created: 11 July 2008