Gidday,
I was just researching about carrying a passenger on a moped. I was pretty confident that if you had a full class 1 licence you could carry a passenger on a moped. However I cannot find a single reference to this on the LTSA website.
I have a full class 1 and a learner class 6.
Does this entitle me to pillion a passenger on a moped?
Do my class 6 restrictions apply?
OUTCOME:
EMAIL FROM Land Transport NZ
Good Afternoon
,
Thank you for your email dated 29 April 2008.
Legislation does not clearly state that the holder of a class 1 licence (of any stage) is permitted to carry passengers when operating a moped nor does it forbid the carriage of passengers when operating a moped. Where a licence holder holds both class 1 licence (of any stage) and class 6 graduated licence,
legislation does not clarify which licence class must be used when operating a moped.
This legislative gap will be address in the Omnibus Rule 2007, which still has not been passed into law. The link to this Rule can be found on your forum.
The police may choose to ticket the person where they hold both class 1 (of any stage) and class 6 graduated licence if they are carrying passengers on a moped. If the driver disputes the Police's decision to issue the ticket, the driver can appeal through the Courts. The Courts will then decide the outcome based on the facts of each case.
The Police also have the option of exercising "constabulary discretion" and not issue a ticket.
Either way this is a decision for the Police as to whether or not a ticket is issued and a decision for the Courts as to whether or not the Police's decision is upheld.
Land Transport New Zealand recommend the individual comply with the conditions of the class 6 graduated licence. This will ensure they are full compliant with legislation - thus removing any risk of being ticketed for carrying pillion passengers.
I hope this information is helpful.
Kind regards
Senior Customer Service Representative
Contact Centre
Cheers,
Romeo
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