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Using Rental Vehicles as Passenger Service Vehicles

November 15, 2017, Claire Fraser Blog
  • What is a Passenger Service Vehicle (PSV)?
    • Vehicle used in a passenger service (ie a vehicle carrying passengers for hire or reward), no matter how many seats it has; OR
    • Vehicle with more than 12 seats (regardless of whether or not it is used for hire or reward);
    • OR heavy motor vehicle with more than 9 seats (regardless of whether it is used for hire or reward).
  • What is a certificate of loading?
    • A certificate of loading (CoL) is a certificate that states the vehicle’s weight ratings, and the maximum number of passengers allowed if it is a PSV. A CoL is needed under both the Vehicle Standards Compliance Rule (VSC Rule) and the Passenger Service Vehicle Rule (PSV Rule). Depending on which rule applies, a CoL will need to record different things.
  • What rental vehicles require a CoL?
    • All vehicles used in a rental service, except light rental vehicles (not exceeding 3500 kg) that are not PSVs, need a CoL under the VSC Rule.
    • All vehicles that are passenger service vehicles also need a CoL under the PSV Rule.
  • Are any of Thrifty’s fleet compliant?
    • No, unfortunately not which means that we’re legally unable to rent vehicles which will be used to transport passengers for monetary gain.
  • What are the hirer’s obligations?
    • If a rental vehicle is being used as a PSV there is an explicit obligation on the renter to make the rental operator aware of this and the vehicle provided needs to meet the requirements of the PSV Rule and have a CoL.
    • The person operating a PSV needs to have a small passenger service licence and the driver must have a P endorsement on their driver’s licence.
  • Consequences of providing passenger service in a non-CoL certified vehicle
    • Being unaware of a hirer’s intention could lead to the hirer being liable for fines (up to $600), as well as the rental vehicle being impounded for 28 days.
    • A hirer operating a passenger service in a vehicle which is not CoL certified is in breach of the Land Transport Act and will be liable for a fine not exceeding $2000.
  • What are the requirements under the PSV rule?
    • All rental vehicles that also fall within the above definition of a PSV need to meet the requirements of the VSC Rule and the PSV Rule. The PSV Rule lays out general safety requirements and vehicle standards for all PSVs. It covers the following:
      1. Entrances and exits
      2. Aisles (space, steps and ramps)
      3. Seating
      4. Emergency exits (locations, signs and design)
      5. Safety features
      6. Stability and structural strength
      7. Certificate of loading
    • It is likely that most light rental vehicles may need some modifications to meet all of the PSV requirements.
  • Is this an industry-wide issue in New Zealand?
    • Yes it is.
  • What is the NZ Tourism Industry doing about this?
    • The Rental Vehicle Association is discussing the issue with the NZ Transport Association as to whether there can be some flexibility in the short term over some of the PSV requirements for small PSVs which are likely to have minimal safety risks associated with them, recognising that any vehicles that continue to be used as PSVs need to be brought up to the regulatory requirements urgently.
    • It is hoped further information will be available mid-late November.
  • Legal reference:
    • Land Transport Act 1998, section’s 6 and 34

 

Thrifty is able to rent to: Thrifty is unable to rent to:
o    Sports teams, schools, community groups, personal hires eg. families.

 

o    Tour guides/ shuttle drivers who hire vans to transport passengers around for monetary gain.