Land Transport Rule: Vehicle Dimensions and Mass Amendment (2016) - Overview

This overview explains the accompanying public consultation (yellow) draft of Land Transport Rule: Vehicle Dimensions and Mass Amendment [2016] (Rule 41001/12). The proposed amendment Rule would extend the scope for the issuing of permits to allow higher axle loadings for all buses.

Contents

• Consultation
• Executive summary
• Context for the Proposed Rule Changes
• Benefits and Costs of Changes
• Proposals for Change
• Links to other processes
• Additional Matters
• Supporting Material

Consultation on proposed Rule changes

The NZ Transport Agency is consulting, on behalf of the Minister of Transport (the Minister), on proposed changes to Land Transport Rule: Vehicle Dimensions and Mass 2002 (“the Rule”).

This proposed amendment follows, and expands, the limited changes that came into effect on 1 October 2015. Those allowed high capacity urban buses to apply for permits for higher axle masses. This proposal would make those limits more generally available, again through permits.

Consultation on the proposed changes is being carried out to ensure 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 proposed Rule changes. The issues that are raised during consultation will be analysed and taken into account in preparing the proposed changes for the Minister of Transport’s consideration.

The consultation material, for your comment, includes:

1. an overview, which:
   1. sets proposed Rule changes in context;
   2. provides a summary of the proposed Rule changes and indicative benefits and costs; and
   3. outlines the further requirements for the approval of a land transport rule.
2. the consultation (yellow) draft of Land Transport Rule: Vehicle Dimensions and Mass Amendment [2016] (Rule 41001/12)  (‘the draft amendment Rule’).

Making a submission

If you wish to make a submission on the proposed changes, you can either:

• use the online submission form included as part of:
• www.nzta.govt.nz/VDAM-Amendment-2016 or
• provide a submission by email to rules@nzta.govt.nz or
• provide a signed copy by mail.

If emailing your comments, please let us know your postal address.

Please include the following information in your submission

• the title of this document
• your name, and title if applicable
• your organisation’s name if applicable
• your address – postal, and email if applicable.

When making your submission

If you are not using the online form, it would be appreciated if you would ensure that each of your comments identifies which part of the consultation document you are addressing.

If posting your submission, address it to:

Vehicle Dimensions and Mass Amendment (2016) (PSV)
Rules Team
NZ Transport Agency
Private Bag 6995
WELLINGTON 6141

Please note the deadline for submissions 

The deadline for submissions is 5pm on 21 December 2015

Your submission is public information

Please note that the NZ Transport Agency may publish any information that you submit, and may identify you as the submitter should it publish your submission or provide it to a third party.

Please indicate clearly, therefore, if your comments are commercially sensitive, or if, for some other reason, they should not be disclosed, or the reason why you should not be identified as the submitter.

Executive summary

The proposed amendment to the Rule will:

• replace an existing definition (“high capacity urban bus”) with a wider definition (“passenger service vehicle”) that would include all buses ¹
• allow road controlling authorities (RCAs) to issue permits for buses to exceed the general access (Part A) axle mass limits on defined routes. In assessing a permit application, the RCA must consider safety and the durability of roads and infrastructure and
• clarify that any permits issued under the 2015 amendment remain valid.

Permits would only apply to buses on defined routes. This is to ensure that higher axle masses are only allowed on roads assessed as suitable.

¹ As noted under Proposal 1, two alternative definitions are potentially suitable – large OR heavy passenger service vehicle

Timing

Consultation on the proposed amendment closes on 21 December2015 .

Following consultation, officials will summarise all submissions, and provide a report to the Minister of Transport on matters raised.

If the Minister approves the Rule, with any post consultation changes, it is anticipated that it will be signed in February or March 2016, and that its provisions would come into effect one month later.

Context for the Proposed Rule Changes

Previous Rule change

The 2015 amendment to Land Transport Rule: Vehicle Dimensions and Mass 2002 (the VDAM Rule) introduced permits for higher axle masses, but only for high-capacity buses used on urban public transport routes.

That proposal was designed for a specific function – addressing congestion and capacity constraints around key corridors on the busiest routes such as the Northern Express in Auckland.

Public transport is experiencing significant growth in our major urban centres, and the introduction of double-decker buses is a more efficient option than adding further buses. Additional vehicles would stretch the capacity of existing routes, and reduce “headway” (space between buses, needed to avoid delays at busy stops).

Submitters to the proposals in that amendment rule proposed that permits for buses should be made more general in nature.
The decision taken at the time was that the high-capacity bus permits should proceed as proposed, but there would be a further discussion introducing the concept of wider permit availability at the first opportunity.

This reflects the convention that Rule changes should avoid introducing significant new policy that is not visible to persons responding to the draft rule; new matters should be managed by a further round of consultation.

Vehicle changes

Public transport usage

As noted in the 2015 (high capacity urban bus) proposal, the demand for public transport is increasing.

Regional and local authorities are being required to provide additional capacity on key corridors and a choice of ways to move around, particularly during peak commuting periods in our metropolitan centres.

Permits are already allowed for buses with more capacity (such as double-decker vehicles) on the routes with highest demand.

Authorities are also considering options for more sustainable vehicles on urban arterials. We can expect to see a growing shift toward public transport vehicles that use alternative motive power, as we seek to reduce air pollutants in urban centres and improve local air quality. For example, the first electric zero-emission double-decker bus entered service in London last month.

Hybrid and full electric vehicles are generally heavier (e.g. where storage batteries are installed) than conventional vehicles; many of the vehicles available would not meet the existing high-capacity threshold (60 seats) and would exceed the axle mass limits available for general access when fully loaded ² . Currently, a medium capacity (of perhaps 36 to 42 seats) hybrid bus is not able to apply for a permit for over-weight operation.

² The relevant table in the VDAM Rule is Part A in Schedule 2 – no permit is required up to the stated axle mass .

Intercity and tourist operations

Two trends in buses used for long-distance travel appear to be linked to increasing gross and axle masses:

• the use of higher capacity vehicles, such as double-decker buses
• the introduction of tour coaches with increased mass arising from improved seating, interior fit-out and facilities.

These vehicles provide wider travel options for both local and international travellers. None of these bus operations can currently apply for a permit for increased axle mass.

Linking to the wider Vehicle Dimensions and Mass Review

This amendment Rule proposes a specific change (permits being made available for a wider range of buses) which allow limited increases for allowable axle weights, aligning these with those made available earlier this year for high-capacity urban buses.

Any significant increase for axle or gross mass limits is seen as more appropriately dealt with as part of the wider review of the VDAM Rule.

The Ministry of Transport and the NZ Transport Agency initiated a full review in 2014. A public discussion document is scheduled for release in December 2015. The focus will be on setting out options for the main components of the VDAM Rule – such as mass limits, width and vehicle characteristics.

Following feedback on the discussion document, and selection of the options to be progressed, a revised Rule will be prepared with a target date for completion in 2016.

Which vehicles may benefit from this amendment?

Many buses do not need a permit.

Smaller to medium buses operate well within the general access axle loadings – and many medium to large buses are constrained by other limits, such as their gross vehicle mass (GVM) or the manufacturer’s rating for axle loading. Permit loadings cannot exceed a design limit for the vehicle.

Bus capacity is also limited by the fit-out of existing vehicles, particularly the number of seats installed – additional capacity is not easily provided. As noted above, some long distance services may be able to add to their allowed loadings without needing modification, by being able to load vehicles to their full capacity, if permits were obtained.

Any increase in available axle mass through a permit is also likely to be of benefit when considering which buses to purchase and bring into service, since it widens the range of vehicles that can comply with our mass limits.

As noted above, allowing higher axle mass may allow for (limited) introduction of heavier hybrid and pure electric buses.

Certificate of loading

Another constraint is the certificate of loading (CoL) issued to the bus when it is first brought into service or is modified. This creates a maximum passenger total – showing the number of seats plus any allowance for standing passengers.

The calculation assumes an average adult passenger weight of 80 kg, and the maximum number of passengers allowed takes account of the available floor area (for standing passengers) and the axle design limits. The process is described in section 9 of Land Transport Rule: Passenger Service Vehicles 1999 and clause 8.5 of Land Transport Rule: Vehicle Standards Compliance 2002 .

CoL was created as a means of defining the maximum safe operating mass for a heavy vehicle. One effect is to limit the number of seats that can be fitted to a bus.

Loading to the full CoL passenger limit is not necessarily equivalent to (and may exceed) the VDAM mass limits. While this relationship varies, for some buses the available VDAM axle mass would be exceeded if the vehicle were to be fully loaded to the CoL limits.

Permits being proposed in this amendment would NOT allow any bus to exceed the maximum passenger loading stated on its CoL, since that loading represents the maximum safe mass for the vehicle while in service.

RUC liability

Section 12 of the Road User Charges Act 2012 states that any vehicle operating under a permit must pay the appropriate road user charges (RUC) rate associated with the permit mass.

In most instances, this requires vehicles operating on a permit to pay a higher rate than those operating under general access mass limits.

The Road User Charges (Rates) Regulations 2015 already set out rates ³ applicable to buses of various weights, but only for those with three axles:

³ Cost per 1,000 km

These rates are set for vehicles that do not exceed the standard axle weight limits set out in the Rule. Two axle buses pay the rate for equivalent trucks.

Where a bus is able to operate under the higher axle weights permitted by the Part C ⁴ limits, a new rate is applied:

⁴ The Part C table is included in Schedule 2 of the Rule

If new permits are taken up by two-axle vehicles, this may require the consideration and setting of a new RUC rate - two-axle trucks are not eligible for High Productivity Motor Vehicle (HPMV) permits.

Such a rate can be prescribed in the Road User Charges (Rates) Regulations as part of the annual review process, or set as an interim measure by the NZ Transport Agency.

Note that the other “H” type rates set in Schedule 4 of the RUC Regulations only apply to vehicle combinations.

Benefits and costs of changes

The proposed changes would impose limited costs upon bus operators who apply for permits. Road Controlling Authorities (RCAs) would also be required to consider additional applications for overweight permits, and would receive fees to cover additional workload.

However, these applications are very similar to existing processes, although the route requests may differ from those already used by freight vehicles operating on an HPMV permit.

Pavement considerations

There are two scenarios to be considered when considering pavement impacts.

On high quality routes, higher axle loadings will impose greater rates of wear (and therefore maintenance costs) on the routes where these vehicles will operate.

This can be offset by increased revenue through RUC.

The relationship between increased wear and increased revenue is a direct one for highways managed by the Transport Agency, but is indirect for other RCAs who receive a partial share of that revenue.

The second scenario is the effect on weak roads and structures from vehicles with higher axle mass. Here the effect may be rapid failure – as pavement or bridge surfaces break up. This may in turn create safety hazards or even block the route for other traffic.

The funding model that underpins road maintenance does not allow for rapid failure of a route – although allowance is made for failures attributable to natural disasters or similar events.

For this reason, the proposal is focussed on RCAs being able to permit higher axle mass where pavements are suitable for the increased loading.

Allowing wider vehicle choice for operators and passengers

As noted above, increasing allowable axle weights would allow wider vehicle choice, including some hybrid buses.

The limits available under the existing Part C would not, however, allow for vehicles with axle mass above those limits to operate in New Zealand. This would continue to exclude some electric buses currently being used in other jurisdictions.

Some of the available bus types have very heavy axle masses (over 10 tonnes on a dual tyre drive axle) that are designed to run on high-quality road structures (such as reinforced concrete or structural asphalt).

As noted above, potential benefits for passengers on inter-city routes could be a better fit-out (e.g. room for reclining seating, refreshments, toilets) or more seats on a single vehicle. 

Some overseas jurisdictions have permitted buses with four axles as a way of increasing mass while limiting pavement wear. The Transport Agency is not aware that this option has been considered by councils or operators in New Zealand.

Allowing more efficient use of some existing vehicles

As noted above, some large buses currently in use on inter-city routes are currently loaded below their (CoL) safe operating limits, because the general access axle loading limits would otherwise be exceeded. Permits would allow for them to be fully utilised.

This may also extend to some vehicles currently providing urban services.

Buses with higher capacity – such as double decker buses - also provide more efficient use of road space than (a greater number of) lighter buses. 

Cost benefit analysis

The Ministry of Transport has commissioned an external cost-benefit analysis for the proposals contained in the draft amendment Rule. When this is completed, it will be posted on the NZ Transport Agency website as part of this consultation package.

Proposals for change

The amendment Rule contains three proposals for your comment, plus a question about a matter not included in the draft Amendment Rule.

The existing definition includes any bus with 60 or more passenger seats, used in a scheduled public transport service.

The new definition (of PSV) included in the draft Rule directly refers to the relevant definition in section 2 of the Land Transport Act 1998. Because of this link, the further definition of “passenger service” in the same section is also relevant.

Two alternative definitions were also considered:

• “heavy PSV” – i.e. any bus over 3.5 tonnes gross vehicle mass (GVM)
• “large PSV” – having more than 12 seats in total.

A more specific definition is only required if there are situations where vehicles other than buses could also apply for permits. Your comment is sought on any circumstances where this might occur.

Under the proposed definition, all buses could apply for permits, whether travelling long distances along highways and secondary routes or providing local services.

Note that permits would not benefit most of the conventional buses currently used for urban or inter-city services. See above for a discussion of which buses could benefit.

Passengers are a divisible load, so bus permits are already aligned with the existing HPMV permit processes and considerations.

Under the new (wider) definition RCAs would be able to consider a permit application from an operator for any bus. Note that the RCA is under no obligation to issue a permit.

In considering the permit application, the RCA must consider the safety of the vehicle and other road users, as well as the suitability of the intended routes for vehicles with higher axle loadings.

The permit would (as now) specify the routes on which higher axle loadings are allowed. The section will continue to emphasise that no permit can exceed the GVM for the vehicle, or other design limits. This is consistent with the existing indivisible load and HPMV provisions.

Your comment is also sought on whether the rule should specify that the permit cannot exceed the axle mass limits in the certificate of loading.

Permits already issued to high capacity urban buses will continue to be valid until they expire, or are replaced or revoked.

The new permit scope does not invalidate any of these permits. The transitional provision clarifies their status.

Holders of these permits will, however, have the option to apply for a replacement permit, since the proposal is to remove the current restriction to scheduled public transport routes as the only roads on which the higher loadings are permitted.

HPMV vehicles are required to display an “H” sign when operating on a permit.

High-capacity urban buses do not have to display the sign. This reflects the earlier expectation that only double-decker buses would need permits – and would be easily identified.

The new (wider) permit scope means that buses operating under a permit could come in a variety of forms and sizes. This makes identification, for enforcement purposes, much more difficult.

The Rule as drafted does NOT include a requirement to display an “H” sign – but we seek your comment on whether this requirement should be added.

Table: Permitted axle loadings

These limits were added on 1 October 2015.

For any axle or axle set not described in Part C, the general access limits set in Part A apply. For example, the axle limit for a twin tyre with a single standard tyre in a tandem axle set is the limit stated in Part A, Table 2, Line 6: 12, 000 kg.

Links to other processes

Road User Charges (Rates) Regulations 2015

As noted above, the current RUC rate for buses operating on a permit only applies to vehicles with three axles.

A review might be necessary if overweight permits are issued to operators for buses with two or four axles. No determination on this matter has yet been made.

Permit forms and systems

If the proposal is accepted, the NZ Transport Agency and other RCAs will need to make minor changes to their permit processes.

The description of the permit form in the VDAM Rule would not require any change.

Additional matters

The Land Transport Act 1998 (“the Act”) provides the legal framework for making Land Transport Rules. Section 161 sets out the procedures by which the Minister makes ordinary Rules.

Application of Rule-making criteria

Proposed activity or service

Section 164(2)(b) of the Act requires the Minister to give appropriate weight to the nature of the proposed activity or service for which the Rule is being established.

The proposed activity is to permit the operation of buses with higher axle mass, at the discretion of an RCA.

Risk to land transport safety

Section 164(2)(a), (c) and (d) of the Actrequires the Minister to take into account the level of risk to land transport safety in each proposed activity or service, the level of risk existing to land transport safety in general in New Zealand, and the need to maintain and improve land transport safety and security.

Higher capacity for buses will have a (small) safety benefit, when compared to the additional risk exposure created by adding greater numbers of buses.

Higher passenger numbers on fewer buses may also have the effect of reducing reliance on private vehicles. In addition, the Rule will allow for a wider range of new buses to be imported which, generally, provide improved technology and safety features.

Assisting achievement of strategic objectives for transport

Section 164(2)(e) of the Act requires the Minister to have regard, and give such weight as he or she considers appropriate in each case, to whether a proposed Rule:

1. Assists economic development
   The amendment Rule is expected to improve economic development by enabling more efficient bus operations. Long-term gains may also result from improved safety and fuel economy, in addition to reduced medical conditions from harmful vehicle emissions.
2. Improves access and mobility             
   The proposed amendment Rule is expected to provide a small improvement in access and mobility through more effective and varied public transport and inter-city services. Long term gains may also result from improved safety and fuel economy, in addition to a (small) reduction in medical conditions from harmful vehicle emissions.
3. Protects and promotes public health             
   The proposed amendment Rule is expected to have a small positive impact on public health through reducing the number of buses for a given number of passengers. Operators will also have (limited) opportunities to consider the introduction of new hybrid and alternative power buses, with a corresponding reduction in harmful emissions. See earlier notes on benefits.
4. Ensure environmental sustainability             
   The proposed amendment Rule is expected to have a small positive effect by reducing harmful emissions.

Costs of implementing the proposed changes

Section 164(2)(ea) of the Act requires the Minister to have regard to the costs of implementing measures proposed in a Rule.

Summary comments on costs and benefits are provided on page 10.

International considerations

Section 164(2)(eb) and (f) of the Act requires that, in making a Rule, the Minister must have regard to New Zealand’s international obligations concerning land transport safety, and the international circumstances in respect of land transport safety.

The proposed amendment Rule is consistent with New Zealand’s international obligations.

Publication and availability of Rules

Access to consultation material

Copies of this consultation document may be obtained by calling the NZ Transport Agency Contact Centre on 0800 699 000.

Availability of Rules

Land Transport Rules can be purchased from selected bookshops throughout New Zealand that sell legislation. They can also be inspected at the National Office and regional offices of the NZ Transport Agency. Compiled versions of these Rules are also available on the NZ Transport Agency's website .

Information about Rules

Information about the Rules programme and process is available online .

If you have not registered your interest in this proposed amendment Rule (or other draft Rules in the Rules programme), you can do so by contacting the NZ Transport Agency at our addresses shown in the Making a submission section at the front of this publication, or here .

This includes a form for registering an interest in Rules.

Supporting material

What are Land Transport Rules?

Land Transport Rules (Rules) are legislation made by the Minister of Transport or his delegate (‘the Minister’) under the Land Transport Act 1998 (the Act).

The Act sets out principles and the policy framework; Rules contain detailed requirements, including standards and processes, for putting those principles and policy into operation. Rules cover a range of land transport issues. Among the outcomes that Rules aim to achieve are: safeguarding and improving land transport safety and security, improving access and mobility, assisting economic development, protecting and promoting public health and ensuring environmental sustainability.

Compliance with Rules is required because they form part of New Zealand transport law. The specific offences and penalties that apply to each Rule are set out in the Act or in regulations.

This proposed amendment Rule is drafted by the NZ Transport Agency, in close consultation with the Ministry of Transport. Rules are drafted to be understood by a wide audience and to help ensure compliance with requirements.

The NZ Transport Agency is responsible for ensuring that appropriate consultation is undertaken on proposed Rules, and a draft Rule may be refined in response to submissions received.