Clubs New Zealand has recently recieved a comprehensive reply from the New Zealand Transport Authority relating to whether or not courtesy coach drivers require a P endorsement.  Below is the relevant information from this response along with NZTA Fact Sheet 18 relating to the legislation for transporting passengers.

The Land Transport Rule: Operator Licensing 2007 (the Operator Licensing Rule) covers situations where people are transported as part of a service offered by others (a passenger service). 

The Vehicle Standards Compliance Rule 2002 requires that vehicles used in a passenger service must pass a more comprehensive safety check. They undergo a certificate of fitness inspection rather than a warrant of fitness inspection.

The Passenger Service Vehicles Rule 1999 describes in detail what the requirements are for passenger service vehicles.

A key factor in determining if a passenger service licence is required is the number of passengers the vehicle can carry. If the vehicle seats more than 12 people (including the driver), the owner or operator must have a passenger service licence.

If the vehicle has seats for 12 or fewer people, then the owner or operator only needs a passenger service licence if the passengers are carried 'for hire or reward'.

Hire or Reward includes when passengers pay a specific charge that is expected as a condition of carriage, including part payments to cover fuel and donations.

Exempt passenger services

The Operator Licensing Rule specifies the passenger services that are exempt from holding a passenger service licence. This includes:

Passenger service provided by an organisation offering liquor, meals or refreshments for consumption on licensed premises, where a fee or fare is not required of its passengers.

Passenger (P) Endorsement

The Driver Licensing Rule 1999 requires drivers of motor vehicles operated in a passenger service to hold a passenger (P) endorsement on their driver licence.

A passenger (P) endorsement WILL BE required if one (or more) of the following applies:

• The vehicle has 13 or more seats (including the driver).
• The driver is employed primarily as a driver.
• The passengers pay a fare (or an activity levy to cover transport costs).

A passenger (P) endorsement WILL NOT be required in the following situations:

• A volunteer driving a vehicle to assist with an incorporated charitable organisation or hospital (some clubs might be registered as a charitable organisation).

A passenger endorsement MAY NOT be required if all of the following applies:

• The vehicle has no more than 12 seats (including the driver).
• The driver is not employed primarily as a driver i.e. driving is a minor or incidental part of the person's duties.
• The driver receives no extra wages or allowances for driving (allowances includes free meals, vouchers or chits)
• The passengers are not paying a fare.
• The passengers are not paying an activity levy to cover transport costs.

Note: If you are unsure if your club complies with all of these requirements you will need to seek independent legal advice.

These requirements are covered under Clause 26 of the Land Transport (Driver Licensing) Rule 1999, and Section 12 of the Land Transport Rule: Operator Licensing 2007.