Statement of approval conditions

Governing the delivery of NZ Transport Agency approved driver licensing courses

Print version: Statement of approval conditions (PDF, 256 KB, 15 pages)

Page 3

• 17.   Course fees
• 18.   Assignment
• 19.   Relationship between parties
• 20.   Exchange of information
• 21.   Exclusion of liability
• 22.   Indemnity
• Definitions

17.   Course fees

The provider shall set its own course fees.

18.   Assignment

The provider shall assume full responsibility for any act or omission made by any person acting on behalf of the provider.

19.   Relationship between parties

The relationship between the NZTA and an approved driver licensing course provider derives from an approval in accordance with statutory powers and shall not be deemed to be that of employer/employee, joint venture, partnership or otherwise.

20.   Exchange of information

The provider agrees to the exchange of information between the relevant ITO and the NZTA about the provider and their performance in conducting the approved driver licensing course.

21.   Exclusion of liability

The NZTA shall not be liable under or in connection with the provider’s performance, whether in tort, contract or on some other basis, for any direct, indirect or consequential damage or loss suffered or incurred by the provider or any candidate or any third party, including any liability in connection with a course not performed competently or course certificate issued contrary to this document, the Act, Rules, Regulations, NZQA or ITO assessor policy and procedures.

22.   Indemnity

The provider shall indemnify the nzta against all losses, liabilities, claims, costs, and expenses that may result directly or indirectly from the provision of or the failure to competently conduct the courses or from any other act or omission of the provider or any person acting on behalf of the provider.

Definitions

Acknowledgement of completion of training form in the context of this document means the form(s) that must be completed at the conclusion of training (where it is prescribed as part of the course content) by the trainer(s) who have delivered the mandated training component of the course. There are two forms to be completed, one for theory training and one for practical training (applicable to class 2,3,4,5, courses).

The Act means in the context of the text in this document the Land Transport Act 1998 and any subsequent amendments.

Approval means an approval by the nzta pursuant to clause 102 of the Land Transport (Driver Licensing) Rule 1999 to conduct approved driver licensing courses.

Approved driver licensing course means any course approved by the nzta pursuant to clause 96 of the Land Transport (Driver Licensing) Rule 1999.

Assessment questions mean the theory questions contained in the approved assessment schedules that are used to determine a trainee’s competency.

Assessment schedule in the context of this document means the approved nzta course assessment schedule which specifies the assessment questions and tasks that must be undertaken. In the case of non-unit standard courses it means the approved NZTA course test paper.

Assessment venue or course venue means any venue established by the provider for conducting an approved driver licensing course.

Assessments means those course assessments prescribed as being part of a driver licensing course approved under clause 96 of the Land Transport (Driver Licensing) Rule 1999.

Assessor means a person approved as an individual course provider, or a person employed or contracted by an approved course provider organisation who has been issued with a certificate of authorisation in accordance with clause 2.1 of this document.

Certificate of authorisation means the document issued by the NZTA to an assessor working for an approved course provider organisation authorising that assessor to train and assess driver licensing courses under a specific organisation approved to conduct driver licensing courses. This certificate is issued after the assessor has satisfied the NZTA that they possess the appropriate skills, training and experience to conduct the approved driver licensing course.

Class in relation to a driver licence, means a class of licence specified in schedule 3 of the Rule.

Combination vehicle means any motor vehicle (other than a special type vehicle) with a trailer attached or that has any pivot points to allow any part of chassis of the vehicle to move or rotate in relation to any other part of the chassis of the vehicle.

Course(s) - see approved driver licensing course.

Course assessment means judgement made about a candidate’s ability to perform to the predetermined criteria, based on skill and knowledge in completing the specified course tasks contained in the approved NZTA course assessment schedules.

Course completion certificate means the numbered NZTA driver licensing course completion certificate issued to a trainee when they have successfully completed an approved NZTA driver licensing course.

Course syllabus means the contents of the approved course, including any training and/or assessment to be conducted as part of the course.

Course unit standards means the NZQA unit standards that are included in the approved NZTA course content.

Course venue means the place or location where the course is to be conducted.

Evidence means the knowledge and skills displayed by the trainee in completing the tasks that are specified in the approved course.

Forklift means a motor vehicle (not being fitted with self-laying tracks) designed principally to lift, carry, or stack goods by means of one or more tines, platens, clamps, or other similar attachments.

Immediate family member in the context of this document means father, mother, son, daughter, brother, sister, husband or wife, mother-in-law, father-in-law, brother-in-law, sister-in-law, son-in-law, daughter-in-law, grandmother, grandfather, granddaughter, grandson, stepmother, stepfather, stepchild, or others considered to be members of the household and living under the same roof.

ITO means industry training organisation. In the context of this document it means Tranzqual Industry Training Organisation for the courses relating to classes 2-5 and endorsements for forklift, passenger, vehicle recovery, dangerous goods or InfraTrain NZ for courses relating to wheels, tracks, rollers.

ITO assessor policy and procedure means the applicable ITO and NZQA current code of practice, assessor policy and procedure manual, assessment plans, assessment schedules, marking guides, and any other relevant material, guidelines, or instructions distributed by them to any of their registered assessors.

Marking guide in the context of this document means the NZTA approved marking guide that specifies the minimum knowledge and skills required to be displayed in order for the course assessment outcome to be competent. In the case of non-unit standard courses it means the approved NZTA course model answers.

NZQA means the New Zealand Qualifications Authority.

NZTA means the NZ Transport Agency, and, in relation to any powers/functions under this document includes any authorised employee, servant, agent or representative; and in respect of any approval includes any person holding a duly delegated authority.

Organisation means in the context of this document an organisation approved by the nzta pursuant to clause 102 of the Rule to be a provider.

OSH means Occupational Safety and Health division of the Department of Labour.

Pivot steer vehicle means a vehicle with a chassis that is split into two dependent parts connected by a permanent steering pivot.

Provider means the person or organisation approved by the NZTA pursuant to clause 102 of the Rule to conduct approved driver licensing courses and to issue course completion certificates.

Register means the registers required to be established and maintained under clauses 101 (d) and 102 (4) (b) of the Rule.

Regulations means any relevant regulations in law that will influence how the provider can legally conduct a course. They include, but are not limited to, the Traffic Regulations 1976, Road User Charges Regulations 1978 and the Heavy Motor Vehicle Regulations 1974.

Rigid vehicle means a vehicle that does not have any pivot points to allow any part of the chassis of the vehicle to move or rotate in relation to any other part of the chassis of the vehicle; and includes an articulated bus and a pivot steer vehicle.

The Rule means in the context of the text in this document the Land Transport (Driver Licensing) Rule 1999 and any subsequent amendments.

Skills means the ability to do something well, a particular ability, or type of ability.

Special type vehicle means any motor vehicle that:

1. is a forklift, or
2. runs on rollers, or
3. runs on:
   1. self-laying tracks; or
   2. wheels, but is not a passenger service vehicle, a trade vehicle, tractor, fire engine or a vehicle recovery service vehicle.

Tractor means a motor vehicle (other than a traction engine) constructed principally for towing an agricultural trailer or powering agricultural implements.

Trainee means a person applying to complete or who is undertaking an approved driver licensing course.

Trainee activity booklet in the context of this document means an original copy of the trainee activity booklet that must be provided to the trainee for completion during the mandated training component of a course. The activity booklet forms part of the Tranzqual ito trainer kit.

Trainee course documentation in the context of this document means:

1. the trainees completed course assessment schedule(s) and where the assessment includes a class 2–5 practical driving assessment also includes a map of the assessment route used as required in clause 5.29(e); and
2. for courses that have a mandatory training component as described in clause 3.1 also includes:
   • completed trainee activity booklet
   • completed acknowledgement of completion of training form(s)
   • and in situations where the trainee has been exempted any requirements in relation to course content, copies of the evidence provided that supports the exemption.

Trainer guide means the document that contains the teaching and learning instructions for training modules and training activities that must be completed as the minimum course training requirements (where training is mandated as part of the course content). The Trainer guide forms part of the Tranzqual ITO trainer kits.

Training activities means the part of the course content that a trainee must participate in or complete to effect learning.

Tranzqual ITO study guides means the appropriate Tranzqual ITO course study guide(s) that all trainees must be supplied with prior to or at the commencement of an approved driver licensing course for classes 2,3,4,5, P or V endorsement.

Tranzqual ITO trainer kits in the context of this document means the Tranzqual ITO trainer kits that are approved by the NZTA to form the mandated training that must be delivered by providers as part of an approved course (where training is specified as part of the course content). Each trainer kit relates to a particular course unit standard and consists of a trainer guide, activity slides (on cd-rom), trainee activity booklet, and interactive learning activities.

Unit standards means the NZQA registered standard that describes what a learner needs to know or what they must be able to achieve and contains clearly defined performance measures for a trainee to show competency.

 

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Page created: 19 November 2008