NZTA’s road user charges backed by court

The NZTA is warning that road user charges (RUC) are “not negotiable” after the High Court confirmed the agency’s approach to calculating and collecting fees. 

RUC work on the basis that commercial transport operators declare the weights they intend to carry over a certain distance and pay the charges accordingly.

Justice Gordon recently upheld the NZTA’s approach to calculating RUC owed by operators who carry loads above the weights they declare.

In her decision, Justice Gordon says “the onus falls squarely on the operator not to overload” and “a vehicle operator is required to ensure that it has the appropriate distance licence at all times”.

This approach was previously upheld in the District Court in 2019 when it dismissed an appeal from Stan Semenoff Logging over a RUC bill.

Kane Patena, general manager, regulatory services of the NZTA, says RUC revenue is vital to New Zealand having a safe land transport system.

“Justice Gordon’s ruling sends a message to operators: paying the right RUC for your vehicle is not negotiable,” Patena, pictured, explains.

“RUC charges help pay for the roads commercial transport operators use so it’s important this money goes back into the system. If other road users are picking up the tab for operators who fail to pay RUC for the appropriate weight, that’s not fair on the road users who are doing the right thing.”

Paul Fantham, senior manager commercial licensing and revenue at the NZTA, says: “We’ll be ramping up our regulation of RUC payments in the commercial transport sector and this decision gives us an endorsement that our approach to calculating and collecting RUC is firm and fair.”