Transport Service Licence (TSL) Info

Sourced from the Film New Zealand website - www.filmnz.com

Who needs one?

Whether you are individual or a company, you must hold the appropriate transport service license if you are operating a goods service, a passenger service, a vehicle recovery service or a rental service. Three of these services are of most interest to production companies.

• A goods service - A goods service delivers or carries goods, whether or not for hire or reward, using a motor vehicle which has a gross laden weight of 6000kgs or more, including one that is on hire to carry goods.
• A passenger service - A large passenger service uses vehicles that can seat 13 or more people (including the driver), whether or not they operate for hire or reward.
• A rental service - Rental services hire out vehicles to a person or company who intends to drive the vehicle, or to a person or company who intends to employ someone to drive the vehicle. A rental service licence is needed by anyone who rents out vehicles and charges for the use of that vehicle.

Gross laden weight is the greatest of the following:

• Any weight specified as the vehicles gross laden weight by the manufacturer
• Any weight specified as the gross laden weight of a particular kind of vehicles by the Director of Land Transport
• The weight of the vehicle together with any load it is carrying, including any equipment and accessories.

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What happens if we don't have a transport service licence?

Production companies hiring vehicles 6,000kgs or more, under any of the above conditions, need a transport service licence if they are employing the drivers. If you do not have a transport service licence then you are operating an unlicensed transport service, which is illegal.

There are hefty fines attached to operating vehicles 6,000 kgs or more without a transport service licence. If you're convicted, you may face a fine of up to $10,000. The fine increases to a maximum of $25,000 for subsequent convictions. In addition to the fine, the court may impound vehicles used in an unlicensed service for up to 90 days (no matter who owns them).

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How do we get one?

To get a transport service licence you deliver, or post, the following to your nearest Land Transport New Zealand regional office:

• a completed transport service licence application form.
• a completed personal details form for each person in control of the transport service.
• a copy of your certificate of knowledge of law and practice.
• the $440.00 application fee.

These are the basic requirements for a transport service licence. The person who will hold the licence, or will be in control of the transport service, will have to meet the legal fit and proper person criteria.

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What's the certificate of knowledge of law and practice?

One of the requirements for getting a transport service licence is that either the licence holder or the person in control must have a certificate of knowledge of law and practice. It shows that the holder of the certificate has the required knowledge of the laws and practices relating to the safe and proper operation of a transport service. To get a certificate of knowledge of law and practice you must pass an open book exam run by Assessment Systems Ltd. See www.exams.co.nz for information on the exam. You must include a copy of your certificate with your Transport Service Licence application.

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There's also the transport service licence (TSL) labels?

From 1 August 2009, your transport service licence (TSL) label must be displayed. This new requirement applies to all vehicles operating under a goods service with a GVM of 6000 kg or more, vehicle recovery service, or passenger service licence.

The TSL label is being introduced so that operators who rent, lease, borrow or share vehicles can move their details easily between vehicles.

Failure to display your TSL label by 1 August 2009 could result in unnecessary delays for drivers while your TSL is checked. You could also be fined between $400 and $10,000.

Full details are available www.landtransport.govt.nz/commercial/tsl-label.html.

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Are there any exemptions to all this?

In special circumstances the Director of Land Transport may waive the requirement for transport service operators to hold a certificate of knowledge of law and practice where the service is limited or infrequent. The application form for an exemption is available from any Land Transport New Zealand regional office and this can be completed when you apply for your transport service licence.

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Why are you telling us this?

This is intended to alert film companies to this important legislation designed to assist transport service licence holders to run successful, compliant businesses while ensuring safe management practices. In a production company the transport service licence might be a company owner or the director or the manager of logistics and transport. This paper highlights issues and requirements around transport service licences. It is by no means exhaustive and we will not be held responsible for lack of or missing information. You must ensure you are fully up to date with all aspects of the law.

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In short

A production company cannot hire and/or operate heavy vehicles 6,000 kgs, or more, without the relevant transport service licence. A transport service licence can be held by the company or by an individual. The person who holds the licence or will be in control of the transport service will meet the legal fit and proper person criteria. For a production company to get a transport service licence, the applicant must have a certificate of knowledge of law and practice, which shows that the holder of the certificate has the required knowledge of the laws and practices relating to the safe and proper operation of a transport service. To get a certificate of knowledge of law and practice you pass the exam run by Assessment Systems Ltd. When the production company hires a heavy truck, a certificate of responsibility transfers responsibility for the truck from the hirer to the production company. The companys transport licence number then goes on the certificate of responsibility. A copy of the certificate of responsibility (which includes the transport service licence details) and the rental agreement should be carried on the road in the truck at all times, and presented to an enforcement officer on demand.

Full details are available on www.landtransport.govt.nz/commercial/service.html and all FAQs are answered on www.landtransport.govt.nz/factsheets/47.html. Assessment Systems Ltd also has some excellent information about the test for the certificate of knowledge or law and practice on its website www.exams.co.nz. Land Transport New Zealand can also be contacted on 0800 699 000.