Land Transport (Driver Licensing) Amendment Rule [2011]

Transcription

1 Land Transport (Driver Licensing) Amendment Rule [2011] Rule 91001/7 Overview Land Transport Rules are produced by the NZ Transport Agency for the Minister of Transport. Draft Rules go through an extensive consultation process and are refined in response to consultation. This overview accompanies, and sets in context, the yellow (public consultation) draft of Land Transport (Driver Licensing) Amendment Rule [2011] (Rule 91001/7). The draft Rule proposes changes that would implement a number of recommendations arising out of Safer Journeys, New Zealand s Road Safety Strategy ", and makes other changes aimed at improving the New Zealand driver licensing system. If you wish to comment on this draft Rule, please see the page headed Making a submission. The deadline for submissions is 20 December 2010.

2 Overview - 2 Land Transport (Driver Licensing) Amendment

3 Land Transport (Driver Licensing) Amendment Overview - 3 Content of the overview What are Land Transport Rules? 5 Why is this amendment Rule being proposed? 7 What are we seeking your feedback on? 9 What changes are proposed? 10 Issue for comment 36 Matters to be taken into account 38 How the proposed amendment Rule fits with other legislation 41 Publication and availability of Rule 42 Appendix 1 Summary of proposed changes to driver licensing system 43 Appendix 2 Regulatory Impact Statement 47

4 Overview - 4 Land Transport (Driver Licensing) Amendment

5 Land Transport (Driver Licensing) Amendment Overview - 5 What are Land Transport Rules? Land Transport Rules aim to: clarify consolidate and create land transport law. Rules are made in relation to a wide range of matters. 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. The NZ Transport Agency (NZTA) is contracted to produce Land Transport Rules (Rules) for the Minister of Transport (the Minister) under an agreement for Rule development services with the Secretary for Transport. Rules are signed into law by the Minister under the Land Transport Act 1998 (the Act). Rules are developed by means of extensive consultation and are drafted in plain language to be understood by a wide audience and to help ensure compliance with requirements. Consultation process The Government is committed to ensuring that legislation is sound and robust and that the Rules development process takes account of the views of, and the impact on, people affected by changes proposed in Rules. This publication, for your comment, has two parts: (a) an overview, which sets proposed Rule changes in context; and (b) the yellow draft of Land Transport (Driver Licensing) Amendment Rule 2011 (Rule 91001/7) (the proposed amendment Rule) for public comment. This amendment Rule proposes changes to the Land Transport (Driver Licensing) Rule 1999 ( the Driver Licensing Rule or the Rule ). Please read the overview carefully and consider the effects that the amendment proposals would have on you or your organisation.

6 Overview - 6 Land Transport (Driver Licensing) Amendment You will notice that the amendment Rule sets out only the changes that are proposed. If you do not have a copy of the Driver Licensing Rule, please read the information in Publication and availability of Rule (page 42) about obtaining Land Transport Rules. To assist in setting the proposed changes in context, the web versions of the Driver Licensing Rule and the proposed amendment Rule documents are linked. The issues that are raised in submissions on the yellow draft of the Rule will be analysed and taken into account in redrafting the proposed amendment Rule. Following completion of the public consultation phase, a paper about the proposed amendment Rule will be submitted to Cabinet, which will be asked to note the Minister s intention to sign the Rule. Following consideration by Cabinet, the Minister will sign the Rule into law. Proposed timetable for implementation Subject to Government approval, it is proposed that the amendment Rule will come into force on 1 July Some provisions, including provisions relating to motorcycles and moped requirements, will have later commencement dates due to system change requirements. This is likely to be up to 12 months after the amendment Rule is signed. Some proposals, such as the moped Class 6M licence and power-to-weight limits on motorcycles for novice riders, will have transitional periods of three years for existing affected riders to comply. Making a submission If you wish to make a submission on the proposed amendment Rule, please read the material headed Making a submission at the front of this document. The deadline for submissions is 20 December 2010.

7 Land Transport (Driver Licensing) Amendment Overview - 7 Why is this amendment Rule being proposed? The Government has agreed to significant changes to the driver licensing system. These changes are to improve road safety, by improving the motorcycle licensing and testing regime, and to introduce a new moped licence. Other changes that would improve the integrity of the driver licensing system and clarify existing requirements are also proposed in the amendment Rule, which you now have the opportunity to comment on. Some of these proposed changes are part of the Government s road safety strategy, Safer Journeys New Zealand s Road Safety Strategy ( Safer Journeys ). Public and stakeholder submissions during the development of the strategy showed strong support for many of these changes. The motorcycling licensing and testing regime remains generally unaltered from the regime that was introduced in Since 2004, motorcyclist deaths and injuries have risen by 68 percent, which coincides with a quadrupling of motorcycle registrations since Riders of low-powered motorcycles (mopeds) are also becoming more prominent in crash statistics. The number of mopeds involved in crashes has increased from 11 percent of all reported crashes in 2000 to 20 percent in The Driver Licensing Rule is prescriptive, and details the operation of the driver licensing and testing system, including application processes and specific application requirements. This means that if the business processes are to be improved, legislative amendment is required. The proposals in the amendment Rule aim to address these issues by improving the motorcycle licensing and training regime, including a new moped licence, and improving the integrity of the driver licensing system, making business processes clearer, easier, and more cost effective. Some of the proposed changes resulting from Safer Journeys are also contained in the Land Transport (Road Safety and Other Matters) Amendment Bill (the Bill).

8 Overview - 8 Land Transport (Driver Licensing) Amendment What changes are proposed in the Land Transport (Road Safety and Other Matters) Amendment Bill? The main purpose of the Bill is to promote road safety and give effect to key initiatives outlined in Safer Journeys. The Bill includes the proposal to raise the minimum driving age to 16 years. This has implications for the Driver Licensing Rule. However, as the Bill has not yet been passed into law by Parliament, the amendment Rule retains references to the minimum age being 15 years. This will be amended should Parliament pass into law the proposed change to the minimum driving age. Information about the Bill is available on the Ministry of Transport s website at: LandTransportAmendmentBill2010/.

9 Land Transport (Driver Licensing) Amendment Overview - 9 What are we seeking your feedback on? The NZTA welcomes your comments on the proposed amendments, including potential compliance costs. Your comments on the subject discussed in Issue for comment (page 36) and other driver licensing issues will also be considered. When you provide feedback on the proposals, it would be helpful if you would consider and comment on the following. What impact would the proposals have, and on whom? The NZTA is particularly interested in your comments on the costs (to you or to your organisation) of implementing the proposals. Would any groups or individuals, in particular, be disadvantaged by the proposals, and how? Would any groups or individuals, in particular, benefit from the proposals, and how? Are there any implementation issues that would need to be considered if the proposals were to go ahead? Wherever possible, when making your comments please provide examples to illustrate your point. Please also include the proposal number when you are commenting on a proposal.

10 Overview - 10 Land Transport (Driver Licensing) Amendment What changes are proposed? This section sets out the proposed changes to the Driver Licensing Rule. The proposed changes are also summarised in Appendix 1 at the end of this document. General licensing and licence security Licence card appearance Proposal 1. Allow all items that must appear on a driver licence (except the holder s name, photograph, date of birth, driver licence number and expiry date) to be placed either on the front or the back of the card. Reason for proposed change The Act sets out which details must be on a driver licence; the Rule specifies where those details must be placed on the card (on the front or the back). There is limited available space on a licence card, and readability would be improved if only essential information was required to be placed on the front of the card. When photographic driver licences were introduced, it was specified where particular information had to be located on the front or the back of the card. Over time, this overly prescriptive approach has limited the changes that could be made to improve readability. 1 This proposal would require certain essential information (for example, the photograph, name, date of birth, driver licence number, and expiry date), to be displayed on the front of the card. Non-essential information, such as donor status, could be displayed on the front or the back of the card at the NZTA s discretion. Allow introduction of changing security technologies Proposal 2. Introduce flexibility to allow security features deemed necessary by the NZ Transport Agency. 1 For example, the LIMITED notation, which identifies that a person is a limited licence holder and, subject to certain conditions, must be displayed on the back of the card. If the option of placing it on either the front or the back of the card was available, having it on the front would make the licence status clear at first glance to enforcement officers. Conversely, the donor status of the licence holder is displayed on the front of the card. The donor status of a licence holder is not needed for roadside enforcement purposes, and moving this information to the back of the card would create more space on the front of the licence card, and consequently improve readability.

11 Land Transport (Driver Licensing) Amendment Overview - 11 Reason for proposed change It is proposed that the Rule should be more flexible to take advantage of changing fraud prevention technologies and to improve driver licence security, by allowing the NZTA to introduce modern anti-counterfeiting techniques to protect licence integrity. These measures would protect licence holders from identity theft and identity manipulation by helping prevent the fraudulent manufacture of driver licences. This proposal, however, does not include any plan to introduce smart cards or chips on photo driver licences. Evidence of identity Proposal 3. Allow the NZ Transport Agency, rather than the licensing agent, to determine acceptable forms of identification where a name change has occurred. Proposal 4. Include, as an acceptable document for evidence of change of name purposes, a Name Change Certificate, Statutory Declaration or a birth certificate, that has been issued by the Registrar- General of Births, Deaths and Marriages, which verifies the applicant s name change. Reason for proposed changes Background When introduced in 1999, the photo driver licence was not designed to be a general-purpose identification card. It was intended solely as evidence to enable the Police to determine, at the roadside, whether a driver was legally entitled to drive a particular class of motor vehicle. Driver licences are, however, commonly accepted as evidence of identity by an increasing number of organisations, such as banks, airlines, finance companies and pharmacies, who will accept them without undertaking further checks. 2 The NZTA has considered ways of improving the integrity of the driver licence. Two proposed changes are detailed below. 2 Section 2A of the Sale of Liquor Act 1989 prescribes driver licences as one of the approved evidence of age documents. The Secondhand Dealers and Pawnbrokers Act 2004 also lists a current New Zealand driver licence as one form of authorised identification. The driver licence is specifically mentioned in nine other pieces of non-transport related legislation, which emphasises the importance of ensuring the accuracy and security of data on the driver licensing register and photo driver licence. Only the Police and specifically-warranted enforcement officers under the Act can require a person to produce a driver licence.

12 Overview - 12 Land Transport (Driver Licensing) Amendment Evidence of change of name When a person changes their name, they must present evidence of this (such as a marriage certificate or civil union certificate). The Rule also allows a licensing agent to accept other comparable evidence of identity for the purpose of name changes. Proposal 3 would amend the Driver Licensing Rule to require that other comparable evidence of identity for name changes must be determined as being acceptable by the NZTA, rather than by the licensing agents. At present, agents could interpret the Rule as allowing them discretion to determine which type of documentation is acceptable as comparable evidence of a legal name change. There have been some instances where licensing agents have accepted arguably dubious documentation as evidence of name change, thereby aiding the creation of several identities for one person 3. If an agent s interpretation were to be exploited for fraudulent purposes, the NZTA could be limited in taking corrective action because the agent could rightly claim to have been acting within the existing legislative mandate. This proposal provides a safeguard against such an opportunity for fraud. It will not affect the general driving public as the forms, factsheets, website and agent manual already clearly advise the range of acceptable documents that can be presented as evidence of a name change. Acceptance of change of name document for driver licensing purposes In 2009, the Department of Internal Affairs (Births, Deaths and Marriages) made changes to the deed poll process for name changes. Prior to 2009, New Zealand-born persons lodging a Statutory Declaration with Births, Deaths and Marriages were issued with a new birth certificate showing their change of name. However, overseas-born persons lodging a Statutory Declaration with Births, Deaths and Marriages were issued with a copy of that Statutory Declaration showing that change of name. Since 25 January 2009, a copy of the Statutory Declaration has ceased to be issued as evidence of the change of name to persons born overseas. Instead, these individuals are now issued with a Name Change Certificate as evidence of name change. 3 In 2007, the then Land Transport New Zealand investigated eight people who had been able to obtain 23 identities between them.

13 Land Transport (Driver Licensing) Amendment Overview - 13 Proposal 4 would amend the Driver Licensing Rule to reflect these changes. It would include, as an acceptable document for identification purposes, a Name Change Certificate and a Statutory Declaration or a birth certificate issued by the Registrar-General of Births, Deaths and Marriages verifying that the applicant s name change has been registered or recorded. Use of temporary and other non-photo licences Proposal 5. It is proposed that the following would not be accepted as a means of identification for driver licensing purposes: (a) a temporary licence for the purposes of renewing and replacing a driver licence, unless it is accompanied by an acceptable form of photographic identification; or (b) a temporary licence for the purpose of sitting a driver licensing test, unless it is accompanied by an acceptable form of photographic identification; or (c) a licence issued between 1987 (synthetic paper licences) and when the photo driver licence was introduced in 1999; or (d) a licence issued pre-1987 (booklet licences). Reasons for proposed change This proposal is aimed at preventing a temporary driver licence from being used on its own as evidence of identity when obtaining, renewing or replacing a driver licence or sitting a practical test. Temporary driver licences, valid for 21 days, are issued to allow a licence holder to drive legally while awaiting the production and delivery of their photographic licence. Because they have the legal force of a photographic driver licence, temporary driver licences can be used as evidence of identity for up to two years after their expiry. Temporary licences are open to misuse. They are handwritten, do not contain a photograph of the licence holder and do not have security features, making it easier to fraudulently copy or alter them. They have been used, as evidence of identity, by more experienced drivers to take a test for another person. The use of expired temporary licences for driver licensing purposes, therefore, poses a risk to safety and undermines the integrity of the driver licensing system. Proposed change This proposed Rule amendment would require an applicant undertaking a practical test to present a photographic driver licence or a current temporary driver licence that is accompanied by an acceptable form of photographic identification of the applicant. Non-photographic evidence of identity (such as a birth certificate) would still be acceptable for a theory test, when the person is applying for their first licence.

14 Overview - 14 Land Transport (Driver Licensing) Amendment Because the amendment Rule would require that photographic identification must be presented when sitting a practical driving test, it would not be possible to use non-photo licences issued before 1999 as evidence of identity. These licences are no longer considered adequate for this particular purpose; they were issued under the previous driver licensing regime, which had less stringent evidence of identity requirements. The NZTA estimates that very few people would be adversely affected by this proposed change. These would be people who had lost their licence (or who had it stolen or irreparably damaged) in the day or two before they were to sit a practical driving test. Many of these people would have an alternative form of acceptable identity available (such as a passport) to support the use of a temporary licence. In addition, driver licences can be replaced within a relatively short time; replacement photographic driver licences are posted, on average, within three days (and, generally, no later than five days) of an application for replacement. In cases where people were genuinely unable to comply because they did not have alternate photographic identification and did not receive their replacement licence in time, the NZTA would have a process in place to ensure that those people were accommodated. It is also proposed that publications (such as the Official New Zealand Road Code and information provided when a practical licence test is booked) would state clearly that some form of photographic identification would be required. Expired temporary licence not to be used as evidence of identity Proposal 6. Specify that an expired temporary driver licence cannot be used as evidence of identity for the purpose of licence application. Reason for proposed change Temporary licences are issued for a maximum period of 21 days. This proposal would clarify that, as well as having to be accompanied by an acceptable form of photographic identification, only a current temporary driver licence could be used as evidence of identity for the purpose of licence application. At present, the Rule accepts a current driver licence, or one that has expired within the two years immediately preceding the date of application, as evidence of identity. However, the reference to driver licence makes no distinction between a photo driver licence and a temporary licence.

15 Land Transport (Driver Licensing) Amendment Overview - 15 Photographic likeness of licence holders Proposal 7. Require the photograph of the licence holder to be a good likeness of the person. Reason for proposed change This proposal is aimed at ensuring that a photograph on a driver licence is an accurate representation of the person concerned, for enforcement purposes and identity security. Currently, when being photographed, an applicant must not wear items such as sunglasses or head coverings, that might obscure their face or prevent the photographic image from being a good likeness, unless the applicant is required to wear the item for religious or medical reasons, and a statement is signed to that effect. This may be taken to mean that a photograph does not have to be a good likeness if the applicant is wearing one of the prohibited items for religious or medical reasons. However, the intention is to ensure the image is a good likeness, while allowing certain items that do not prevent the photograph from being a good likeness to be worn for religious or medical reasons. This proposal would align driver licensing requirements with the Department of Internal Affairs requirements for photographs for passport documents and applications for citizenship that came into force on 1 June Correct an anomaly in the Rule relating to eyesight standards for driving Proposal 8. It is proposed to correct an anomaly in the Rule regarding eyesight acuity, by applying the same standards to all applicants for a Class 1 or Class 6 driver licence, or a dangerous goods or special-type vehicle endorsement with functioning eyesight in one eye, regardless of the level of function of the other eye. Reason for proposed change The eyesight standards required of applicants for driver licences differ, depending on whether both eyes are, or only one eye is, functional. As prescribed, someone with good eyesight in one eye and no sight in the other meets the standard, but a person with good eyesight in one eye and some (but substandard) vision in the other eye does not. It is proposed to correct this anomaly.

16 Overview - 16 Land Transport (Driver Licensing) Amendment Extension of expiry of existing licence when adding new licence classes or endorsements Proposal 9. If a person, who holds a driver licence, obtains an additional licence class or endorsement, the existing driver licence class(es) may be renewed for a period of up to 10 years, provided that all requirements relating to the renewal of the existing licence class(es) are also incidentally met. Reason for proposed change The Rule currently does not allow the expiry date of an existing licence to be extended when a person obtains an additional licence class or endorsement. For example, if the existing licence is due to expire in four years time, the person will be issued only with a four-year licence, even though all the renewal requirements may have been completed at the time the additional class or endorsement was obtained. This proposal would allow a person with an existing licence, who obtains an additional class or endorsement, to have that licence renewed, provided they met all requirements relating to the renewal of the existing licence class(es). 4 Below are some examples to illustrate the effects of the proposed change. (1) If a person holds a Class 1 (car) licence and obtains a Class 6 (motorcycle) licence, the Class 1 licence will be renewed for 10 years. (2) If a person holds a Class 2 licence and obtains a Class 4L licence, the Class 2 licence will be renewed for 10 years. (3) If a person holds a Class 1 licence or a Class 2 licence and obtains a passenger ( P ) endorsement, for which a driver identification card is required, the licence will be renewed for 10 years. The proposed change will not allow an existing licence to be renewed for 10 years, if a person obtains a special-type vehicle ( F, R, T, W ) endorsement, a Dangerous Goods ( D ) endorsement, a Driving Instructor ( I ) endorsement or a Testing Officer ( O ) endorsement. This is because the minimum requirements for renewing a licence are not met, as a new photograph is not required for any of these endorsements. By contrast, applicants for a Passenger ( P ) or a Vehicle Recovery ( V ) endorsement, which do require a new photograph (for a driver identification card), would be allowed to renew their existing licence. 4 For example, in the case of an applicant for a new P, V, I or O endorsement, the applicant must also comply with clause 12 of the Driver Licensing Rule which requires a new photograph be taken; and in the case of an application for any of Classes 2 to 5, clause 67A(2)(e), which requires a new medical certificate be submitted.

17 Land Transport (Driver Licensing) Amendment Overview - 17 If this provision were to apply to all endorsement applicants, it would be necessary to specify that a new photograph would be required for those applications for which it is not currently required. The disadvantage of this is that it would be likely to increase the endorsement application fee, with the higher fee applying to everyone, including those who may not meet all the minimum requirements for a 10-year licence renewal. Comment is sought as to whether a photograph should be required for all endorsement applicants, in conjunction with Proposal 9. Granting of driver licences to diplomats Proposal 10. It is proposed to align the Rule with the Diplomatic Privileges and Immunities Act 1968 in relation to the diplomatic licences for the spouse or partner, and family of a diplomat. Reason for proposed change The spouse or partner, and family of a diplomatic representative is entitled to convert its overseas licence through a separate process to the standard licence conversion process for overseas drivers. The Diplomatic Privileges and Immunities Act 1968 provides that spouses or partners, and families of diplomats should be included, and the NZTA has complied with that Act when required to do so. Due to an oversight, the Rule does not include spouses and partners, and family members of diplomatic and consular personnel who are issued with driver licences to drive in New Zealand. It is proposed that the Driver Licensing Rule recognise this existing privilege. Young and novice drivers Approved courses Proposal 11. It is proposed to allow approved courses to be undertaken in the learner licence phase. Reason for proposed change An approved driving course, such as Defensive Driving or Street Talk, cannot be taken until a novice driver has held their restricted licence for at least six months. Current legislation does not allow drivers on learner licences to take these courses. If the approved courses are undertaken earlier, this will help learners develop the key skills that are required for solo driving before they start solo driving, when an elevated crash risk exists. The Ministry s previous regulatory impact analysis concluded that this low cost change is likely to further reduce the crash risk of young drivers. This will align young drivers with novice drivers over the age of 25, who are already entitled to complete an approved course during the learner phase.

18 Overview - 18 Land Transport (Driver Licensing) Amendment Holders of restricted licences carrying parents as passengers Proposal 12. It is proposed to: (a) allow holders of a restricted licence to carry as passengers their parents or guardians (whether licensed or unlicensed); (b) introduce definitions of parent and guardian, that would have the same meaning as in section 2(1) of the Children, Young Persons, and their Families Act 1989 and section 15 of the Care of Children Act 2004, respectively. Reason for proposed change At present, a restricted licence holder must be accompanied by a supervisor when carrying passengers. However, they may carry dependants, including their parent if the parent receives a social security benefit. A parent who is not licensed and does not receive a social security benefit may not be carried in a vehicle driven by their child who is a restricted licence holder. This provision was originally intended to improve mobility for parents who are beneficiaries, on the assumption that working parents who did not have a driver licence could afford their own transport. In practice, however, it discriminates against working parents who are unlicensed. The proposal could improve mobility for all parents or guardians, in particular those with disabilities (for example, the vision-impaired), who do not receive a benefit and do not hold a licence. Although studies have shown that young drivers crash risk is significantly increased by the presence of similarly-aged passengers in the vehicle, 5 a study in the United States of America found that teenage drivers fatality rates did not increase when carrying passengers who were 30 years or older. 6 Who can be a supervisor? Proposal 13. Require the supervisor of a learner driver to be a person who holds a full New Zealand licence of a class that authorises the person to drive that vehicle and either: (i) holds, and has held a full New Zealand licence for at least two years; or (ii) holds a full New Zealand licence, and has held the equivalent of a full licence from another licensing jurisdiction for at least two years. Reason for proposed change 5 OECD (2006), Young Drivers: The Road to Safety, p 51 6 Ibid, p 52 This proposal would clarify that someone who acts as a supervisor for a learner driver must either have held a full New Zealand licence for at

19 Land Transport (Driver Licensing) Amendment Overview - 19 least two years or held an equivalent overseas licence for at least two years as well as a full New Zealand licence. It is also intended to ensure that people who have obtained their licence from an overseas jurisdiction with early licensing have the required driving experience to be able to act as a supervisor for young learner drivers. Option (ii) of this proposal would provide greater opportunities for learner drivers to have supervised driving practice and, as a consequence, to improve mobility. It can be difficult for novice drivers to find suitable supervisors if their parents are recent migrants who have not held a full New Zealand licence for the required two years. This proposal would allow new immigrants, who have not held their full New Zealand licence for the required two years but have held the equivalent in another jurisdiction for more than two years, to supervise their children. This proposal will also clarify that a person with a full New Zealand driver licence which is subject to a supervisor condition cannot act as a supervisor themselves. A supervisor condition is imposed when an overseas licence holder is part-way through the licence conversion process when they have passed the theory test but have not yet passed the relevant practical driving test. Novice motorcyclists and moped riders Motorcycle casualties (fatalities and injuries) have almost doubled since 2001 from 704 to 1377 in In that period, there was a 67 percent increase in the number of licensed motorcycles. In 2009, 48 motorcyclists were killed, 460 were seriously injured and a further 909 suffered minor injuries (See Figures 1 and 2 below). The social cost of these crashes was $595 7 million. A motorcycle rider is, on average, 20 times more at risk of suffering death or serious injury than a car driver over the same distance travelled 8. 7 Social cost is an internationally accepted measure for estimating the cost of road crashes to society. It is made up of a number of elements including loss of life and life quality, loss of output due to temporary incapacitation, medical costs, legal costs and property damage costs. The social cost estimates are $3,528,000 for a death, $625,000 for a serious injury, and $64,000 for a minor injury. These figures are national averages, and total social cost calculations take into account urban, rural and regional differences. 8 The New Zealand Travel Survey 2010.

20 Overview - 20 Land Transport (Driver Licensing) Amendment Figure 1: Motorcyclist deaths, Figure 2: Motorcyclist injuries, Proposals aimed at reducing the level of motorcycle-related death and injury Increasing the safety of motorcycling has been identified as a high priority area in the Safer Journeys strategy. In line with the recommendations from Safer Journeys, the proposals set out below for amending the Rule would improve motorcycle (and moped) rider training and licensing and introduce a power-to-weight restriction for novice motorcycle riders. These, and the other proposed changes in the amendment Rule, are aimed at putting in place more appropriate learning and licensing criteria (as riders progress through the motorcycling licensing system) to ensure that they achieve a high level of skill to better prepare them for safe riding.

21 Land Transport (Driver Licensing) Amendment Overview - 21 Proposals 14 to 16 are based on the best practice motorcycle licensing and training model developed by Monash University, Australia. This is based on research of those elements of a system that are shown to reduce the risk of death and serious injury. This model is in practice in a number of Australian states, and those jurisdictions have a motorcycle death and serious injury rate that is significantly less than in New Zealand 9. New Zealand s current motorcycle licensing regime already contains some elements of the model. Motorcycle-specific training for applicants for learner and restricted motorcycle licences Currently, a novice motorcycle rider has to pass a learner theory test and the Basic Handling Skills Test (BHST) to gain their learner (Class 6L) licence. After six months, the rider may then obtain a restricted (Class 6R) licence, if he or she has held a Class 6L licence for at least six months and passes the restricted licence test. To obtain a full licence, the rider must hold the Class 6R licence for at least 18 months (or for at least six months if 25 years or over). Alternatively, the mandatory minimum time spent in the restricted phase can be reduced by successfully completing an approved advanced driving course such as Defensive Driving or Street Talk. The rider must also pass the full licence test. It is proposed to redevelop the learner motorcycle theory test with emphasis on motorcycle-specific requirements, and to strengthen the BHST so that additional skills such as hazard detection and road craft can be better assessed. The restricted and full licence tests will be made harder to encourage novice motorcyclists to gain more experience before they attempt to progress to the next licensing stage. This last proposal does not require a Rule amendment. Unlike learner car drivers (Class 1L), learner motorcycle riders (Class 6L) are not supervised. The crash risk for this group of novice motorcycle riders is very high, whereas this is the safest time for learner car drivers, who must drive with a supervisor. Competency-based training and assessment for novice motorcyclists Proposal 14. Introduce a competency-based training and assessment (CBTA) option for novice motorcyclists, as an alternative to the standard testing regime. Applicants for a Class 6R and/or Class 6 full licence would be required to either sit the practical riding tests or provide certificates showing successful completion of the motorcycle CBTAs. 9 For example, the road fatality rate of motorcycle and moped riders in New Zealand is 12 per 1,000,000 population, whereas in Victoria the rate is 8 per 1,000,000 population.

22 Overview - 22 Land Transport (Driver Licensing) Amendment Reason for proposed change At present, there are no motorcycle-specific training courses through which a novice can gain more on-road experience and also be eligible for a reduction in the minimum time spent in the learner and restricted licence phases. It is proposed to introduce a motorcycle-specific CBTA option in the learner and restricted licence phases. This would teach key skills such as hazard detection, advanced handling skills, urban and open-road riding, motorcycle safety checks and emergency stopping. Those riders who undertake competency-based training will be eligible for a competencybased assessment as an alternative to the restricted and full licence practical riding tests. If they successfully complete the assessment, they will progress to the next phase of their licence class. (See flowchart below for proposed licensing systems for motorcycle riders). Proposed Motorcycle Graduated Driver Licensing System Motorcycle GDLS From 6M Moped: See Proposal 19a Minimum licensing age BHST M/C AND L M/C Theory Test CBTA 1 OR After 6 months Immediate M/C On progression R Road Test After 12 months OR After 18 months CBTA 2 F M/C On Road Test

23 Land Transport (Driver Licensing) Amendment Overview - 23 Remove the ability to reduce minimum time in restricted licence phase through undertaking an approved driving course Proposal 15. Remove the option for novice motorcycle riders to undertake an approved advanced driving course for the purposes of gaining a time reduction in the restricted licence phase. Reason for proposed change Novice motorcyclists can gain a time reduction in the restricted licence phase if they complete an approved advanced driving course, such as Defensive Driving or Street Talk. However, these courses are classroombased and few motorcycle-specific skills are taught. Removing the option to take an approved advanced driving course will leave the new CBTA option the only way to gain a time reduction. This will encourage novice motorcyclists to take a course which better teaches them motorcycle-specific skills and attitudes. Introduce a power-to-weight limit for learner and restricted riders Proposal 16. It is proposed to: (a) replace the requirement for learner and restricted motorcycle riders to only ride a motorcycle that has a total piston displacement that does not exceed 250 cm³ with a requirement that restricts them to motorcycles that have a power-to-weight ratio that does not exceed 150 kilowatts per tonne and a total piston displacement not exceeding 660 cm³ ; (b) insert a definition of prohibited motorcycle in the Rule. Reason for proposed change This proposed requirement would restrict holders of a learner or restricted motorcycle licence to motorcycles or mopeds based on a power-to-weight limit instead of the current 250 cc limit. Advances in technology in recent years have resulted in a number of powerful highperformance 250 cc motorcycles capable of high speed and rapid acceleration. A blanket 250 cc limit, therefore, is no longer suitable for novice riders. The power-to-weight ratio provides a better indication of a motorcycle s potential performance than engine capacity alone. The proposed change would also give novice riders access to a greater range of motorcycles that are appropriate for their level of experience, including some with more safety features like advanced braking systems (ABS). A similar system is already in place in most Australian states.

24 Overview - 24 Land Transport (Driver Licensing) Amendment For ease of implementation, and to facilitate enforcement and recognition of approved motorcycles that can be ridden by novice riders, it is proposed that a detailed list of approved motorcycles (known as the Learner Approved Motorcycle Scheme list or LAMS list) be publicised by notice in the New Zealand Gazette (the Gazette) and by the NZTA (on its website). Details of motorcycles that novice riders would not be able to ride would also be publicised as a prohibited motorcycle in the Gazette and on the NZTA website. Motorcycles may be excluded from the LAMS list if they have other characteristics that make them unsuitable for novice riders. In summary, under the amendment Rule, novice riders would be prohibited from riding the following: (a) a motorcycle with a total piston displacement exceeding 660 cm 3 ; (b) a motorcycle with a total piston displacement between 250 cm 3 and 660 cm 3 and a power-to-weight ratio of 150 kilowatts per tonne or more (unless approved for use by the Minister by notice in the Gazette and published on the NZTA website); (c) any other motorcycle that is prohibited by the Minister by notice in the Gazette and published on the NZTA website. Transitional provisions With the introduction of learner approved motorcycles for novice riders, provision would be made for those riders who had already been issued with a Class 6L or 6R licence at the time the amendment Rule is to take effect. Those riders would be allowed to ride motorcycles under the current Rule provisions for up to three years after the amendment Rule comes into force. This three-year transitional period provides ample time for those riders to progress to a full Class 6 licence. Same minimum time requirements for all novice motorcycle riders at restricted licence phase Proposal 17. It is proposed that all novice motorcyclists, regardless of their age, be subject to the same minimum time requirements at the restricted licence phase. Reason for proposed change Currently, a novice motorcyclist aged 25 or over is required to spend only six months in the restricted licence phase, which is reduced to three months if they complete an approved course. It is proposed to remove the distinction between riders aged 25 and under and those aged 25 or over regarding the time spent in the restricted licence phase. All novice riders would be subject to the same minimum time requirement in the restricted licence phase. This would be 18 months, or 12 months if the rider completes the CBTA for restricted licence holders. This proposal would

25 Land Transport (Driver Licensing) Amendment Overview - 25 give all riders more time to gain on-road riding experience under the restricted licence conditions. The use of motorcycles has changed since the age distinction was introduced. Motorcycles are more likely to be used recreationally by older motorcyclists, rather than as a cheap form of transport for young people. As a result, the age profile of novice motorcyclists has changed, with the average age of a restricted motorcycle applicant now being 32.5 years. Age-based distinctions in the motorcycle graduated driver licensing regime are no longer appropriate. All motorcyclists have a significantly higher level of risk of death or injury on the road than car drivers of the same age. Removal of 70 km/h speed limit restriction for learner riders Proposal 18. Remove the 70 km/h restriction that applies to learner motorcycle licence holders. Reason for proposed change There is little evidence of safety benefits resulting from the imposition of a 70 km/h speed limit for learner motorcycle riders, and best practice in speed management is for vehicles in high speed zones to be travelling at similar speeds. Removing the speed limit would enable novice learner riders to gain experience on the open roads and to practise for their restricted licence test (which does not restrict riders to 70 km/h). Introduction of moped licence Proposal 19. It is proposed: (a) to introduce a Class 6M (moped) licence; (b) to remove the option of riding a moped on a Class 1 (car) licence. Reason for proposed change It is proposed that moped riders be required to demonstrate that they have the necessary riding skills to be able to safely operate a moped on a road. To improve the on-road safety of moped riders, it is proposed to introduce a Class 6M moped licence. People who wish to ride a moped would be required to hold that licence, or a learner, restricted or full motorcycle (Class 6) licence. New moped riders would have to pass the strengthened motorcycle learner theory test and a new moped BHST. This would ensure that

26 Overview - 26 Land Transport (Driver Licensing) Amendment moped riders have at least the basic knowledge and skills required to safely ride a moped on the road, which is the same level of skill required of a learner motorcycle rider. It is proposed that the requirement to hold a Class 6M licence would also apply to people who are currently allowed to ride a moped as a result of holding a Class 1 (car) licence. At present, anyone who holds any level of car licence can legally ride a moped, even if they have never ridden a moped or motorcycle. However, these drivers may not have the necessary skills to safely ride a moped on the road. Under this proposal, many current moped riders (on a Class 1 licence) will have to gain a Class 6M licence or a Class 6L licence. There would be a transitional period of three years, by which time all moped riders would have to hold either a moped or a motorcycle licence, in order to legally ride a moped. Moped owners would be reminded of the new requirement when they are sent their vehicle (moped) licence renewal reminder letter. (See flowchart below for proposed licensing system for moped riders). Proposed moped licensing system Moped licence L, R or F Class 1 No licence L, R or F Class 6 Wish to continue to ride a moped Can ride a moped Within 3 years must pass BHST Moped AND M/C Theory Test 6M Moped To progress to Class 6 licence See Proposal 14 Can ONLY ride a moped No passengers Renewal every 10 years Fee only

27 Land Transport (Driver Licensing) Amendment Overview - 27 Overseas drivers Applications for a P, V, I or O endorsement Proposal 20. Clarify that a full New Zealand licence must be held for at least two years before a person could apply for a Passenger ( P ), Vehicle Recovery ( V ), Driving Instructor ( I ) or Testing Officer ( O ) endorsement. Reason for proposed change At present, the Driver Licensing Rule requires an applicant for a P, V, I or O endorsement to hold a full licence for two years. However, it is not clear that this must be a New Zealand licence. This proposed amendment is intended to clarify that an applicant for one of these endorsements applies on the basis of having held a New Zealand full licence for a period of time, so that Police vetting (for determining a person s fitness and propriety) can check for criminal and traffic convictions. If applicants for endorsements have held a full New Zealand licence for two years, their history of driving in this country will enable a more accurate assessment to be made of their fitness to hold an endorsement. Under the proposed amended Rule, it would continue to be possible for applicants who have not held a New Zealand full licence for at least two years to apply to the NZTA for an exemption. This proposal is in line with the recommendations of the 2005 report on the taxi industry by the Auditor and Controller-General. 10 International driving permits Proposal 21. Require visitors to New Zealand, who drive using an International Driving Permit, to carry the original licence on which that permit is based. A definition of accurate English translation, in relation to a valid overseas driver licence or permit, is to be inserted in the Rule. Reason for proposed change International driving permits (IDPs) can be used to prove that a licence holder from another jurisdiction is allowed to drive in New Zealand. Because they are in paper booklet format, they are relatively easy to forge. The current legislation does not require an IDP to be accompanied by the original foreign licence when driving in New Zealand. This proposal would provide Police, at the roadside, with more confidence that the IDP was gained by legitimate means. 10 Report of the Controller and Auditor-General. Effectiveness of controls over the taxi industry. Office of the Auditor- General, June 2005

28 Overview - 28 Land Transport (Driver Licensing) Amendment This proposal will align New Zealand with international practice. Surrender of overseas driver licence or permit when converting to a New Zealand licence Proposal 22. Require persons converting an overseas driver licence or permit to a New Zealand licence to surrender their original licence or permit, if this is a requirement of a licence recognition arrangement between New Zealand and the overseas licensing jurisdiction. Reason for proposed change This proposal would enable a New Zealand driver licensing agent to require that an applicant with an overseas driver licence surrender their licence to the NZTA. Some of the countries New Zealand has a licence recognition agreement with, (for example, Germany), prefer their licence holders to surrender their original licence or permit when they convert to an overseas licence, and for the NZTA to return the licence to the overseas jurisdiction. As overseas licences and permits are not the property of the New Zealand licensing authority, a Rule amendment is required to implement this change. This proposal would apply only where there was an agreement with an applicant s country of origin requiring return of the licence or permit. Commercial drivers Suspension of course provider s operations Proposal 23. Allow the NZ Transport Agency to suspend (in addition to existing powers to revoke) all, or part of, a course provider s operations when good reasons exist for doing so. Reason for proposed change Currently, the Rule only allows the NZTA to take the extreme and permanent step of revoking the approval of a course provider when there are problems with a course or a course provider. The Rule does not allow lesser sanctions. This proposal would provide flexibility in dealing with deficiencies that may arise in the operation of a course (for example, noncompliance with legislation) by providing for all or part of the operations to be suspended while a problem is addressed. The aim of the proposal is to ensure that course providers comply with the relevant legislation and their agreed obligations. The NZTA would need to have good reason to suspend any part of an operation or service, and course providers would be able to appeal a suspension. This proposal is in line with the Auditor-General s 2005