Most operators in the industry have had to go through what is called a “fit and proper” person test. A majority do not know anything about this test or that they have gone through the test and passed it. It is only when there is a problem that one realises that there is such a test and that you may not be ticking all the boxes, or the right boxes, to pass it.
The test is applied to anyone who holds a heavy vehicle or transport service licence under the Land Transport Act. So why is the test so important? Simply put, you cannot be a holder of a TSL or HT licence, if you are not a fit and proper person. Section 30C of the Act states that the two main considerations when assessing whether a person is “fit and proper” are the interests of public safety and the need to protect the public from serious or organised criminal activity. I have to admit, we have not seen a case where the latter consideration was an issue. The main issue always is the interest of public safety. There is no real guidance on what interest of public safety” is and therefore NZTA is able to interrupt this how they can. That means speeding, COF failures and roadside inspection defects all can be bundled into this “public safety” net. There are some things that the Act states should be considered. These include:
We have seen a spike in NZTA questioning the fitness and propriety of many operators. The main issues that we have seen are:
We are continually seeing a tougher approach to compliance. Whether we agree with the approach or not, we have to live with it, if we are to continue operating. The recent changes at NZTA seem to have led to increased compliance activity. Action has been taken against some large operators, including revocation of TSL’s. This has a drastic effect on the industry as it is already struggling with smaller margins.
If NZTA is of the opinion that you do not pass the test, NZTA will revoke your licence. But before it does so, it should give you a chance to address the issues that it has identified. If you are given such an opportunity, you need to take immediate steps to protect and improve your operation. Not doing enough or anything is not an option at that stage. But engaging with NZTA on your own is not always advisable. You should seek advice from NRC or us on how you go about the process and what you need to do. In the next article, we will address what happens if a licence is revoked.
Fortune Manning advises the transport industry on all aspects of the law, including licensing issues, legislative changes, privacy and employment matters. If you would like to find out more about the issues discussed above, or any other legal issue, give the team at Fortune Manning a call on 0800 4FM LAW (0800 436 529).
Researchers say our brains do their best to keep us from dwelling on our inevitable demise. It is probably no…
Have you ever been stopped by the police while driving and wondered what information you have to provide them? This…
Transferring your assets to a trust even before you are in a de facto relationship, does not prevent those assets…
With Christmas approaching, employers are again having to navigate the complexities of the Holidays Act. New legislation, providing clear methods…
In this 2022 Supreme Court’s decision, the Court confirms the relevance of the conduct of the party cancelling an agreement.…
This website uses cookies.