Listen to this policy:
Policy
Rangatahi in care or custody driving a vehicle
Rangatahi in care or custody need to be supported to gain a driver licence like all rangatahi in Aotearoa need support. We ensure rangatahi and vehicle owners understand the implications, responsibilities, and the support available from Oranga Tamariki.Practice framework prompts for this policy
Our practice framework helps us make sense of and organise our practice so it is framed in te Tiriti o Waitangi (the Treaty of Waitangi), and draws from te ao Māori principles of oranga, within the context of our role in statutory child protection and youth justice in Aotearoa New Zealand.
Ngākau whakairo
How can I ensure that rangatahi who are licensed to drive are supported to do so safely?
Ngākau whakairo practice framework domain
Whai mātauranga
What knowledge do rangatahi and their caregivers need to ensure they are safe when driving? How do I connect them with the right resources to enable them to make the right decisions?
Whai mātauranga practice framework domain
Whai oranga
How can driving enhance the oranga for this rangatahi? How do I support them so that it is a positive and safe experience for them?
Whai oranga practice framework domain
Whai pūkenga
What relational skills and approaches will I draw on to help both caregivers and rangatahi clearly understand their responsibilities and obligations?
Whai pūkenga practice framework domain
Whai ākona
What do I think about this rangatahi driving? How have my own experiences of driving or teaching/enabling other rangatahi to drive influenced my engagement around this?
Who this policy applies to
This policy applies to rangatahi in the care or custody of the Oranga Tamariki chief executive who want to drive a private vehicle.
We must support rangatahi to successfully transition to adulthood. This may involve supporting them to gain a driver licence. We must also support people, including caregivers, who are allowing or considering allowing rangatahi in the care or custody of the Oranga Tamariki chief executive to drive their vehicle. (Support is available from Te Hiranga Tangata Work and Income to help study for the learner licence test, driving lessons and test fees, and a vehicle to take the test in.)
Help to get a driver licence | Te Hiranga Tangata Work and Income
Policy: Transition to adulthood – Preparation, assessment and planning
Guidance: Supporting rangatahi to develop their life skills
It is the vehicle owner's decision whether they allow a licensed (including Learner and Restricted) rangatahi to drive their vehicle.
Responsibilities of Oranga Tamariki
The social worker for the rangatahi must ensure the rangatahi is encouraged to drive safely, by considering:
- whether a defensive driving course is appropriate
Advanced driving course | Waka Kotahi - accessing and using Waka Kotahi and ACC's online learning tool
DRIVE.govt.nz
The social worker for the rangatahi must provide the private vehicle owner and the rangatahi with information so they can each make an informed decision about the use of the vehicle.
Information for the rangatahi
The social worker for the rangatahi has a number of responsibilities.
The social worker for the rangatahi must check that the rangatahi is aware of the:
- conditions of their licence
- importance of:
- not consuming drugs or alcohol when they will be driving
- treating the vehicle with care and respect
- always obeying the law while driving
- ensuring passengers are safe at all times
- always carrying their licence while driving
- informing the owner of the vehicle about any crashes, fines or infringement notices
- ensuring that any vehicle they drive has a current warrant of fitness and registration before driving it
- insurance coverage for the vehicle they will be driving and the consequences for them if there is an accident while driving – for example, whether the rangatahi might be expected to pay the excess or the cost of repairing the damage.
The social worker for the rangatahi must then:
- record that they have had this conversation and the rangatahi understands what is expected of them
- encourage and support rangatahi to disclose any previous driving-related offences and/or accidents to the owner of the vehicle. If the rangatahi is not prepared to disclose the information, Oranga Tamariki must inform the private vehicle owner that we do not support the arrangement and we cannot financially support the use of the vehicle.
This information will help the vehicle owner make an informed decision and may be required by their insurance company.
Information for the private vehicle owner
If the rangatahi has consented to disclosure, Oranga Tamariki must provide any details of driving-related offences or accidents we are aware of to the owner of the vehicle.
We must also advise the private vehicle owner that:
- having a person aged under 25 drive their vehicle can impact on their vehicle insurance (the premium, excess and no claims bonus)
- we recommend they talk with their insurance company before allowing the rangatahi to drive the vehicle and provide any other information required under the vehicle's insurance policy (for example, any driving-related fines or convictions)
- their vehicle must be road worthy – both warranted and registered
- if they are not fully insured, they will be responsible for the cost of any repairs if the vehicle is damaged when the rangatahi is driving with their permission
- if they are insured, either the rangatahi or Oranga Tamariki will pay any excess if the vehicle is damaged while the rangatahi is driving (we need to ensure all concerned parties have agreed about who will pay).
A record of what has been discussed must be recorded in the All About Me plan of the rangatahi, and in the caregiver support plan if the private vehicle owner is the caregiver.
Insurance claims
If an incident occurs while the rangatahi is using the vehicle they are insured to drive, and the vehicle owner needs to make an insurance claim, the vehicle owner must:
- lodge the claim with their insurance company, and
- advise the Oranga Tamariki social worker for the rangatahi.
Financial support for the private vehicle owner
The social worker for the rangatahi and the caregiver social worker (if appropriate) must discuss with the site manager what financial support Oranga Tamariki will provide to assist the vehicle owner with any additional costs incurred because they are allowing a rangatahi to drive their vehicle.
This might include:
- contributing to insurance premiums for a driver under 25 years
- covering insurance excess costs in the event of a claim
- addressing the loss of their no claims bonus if a claim is made.
The social worker for the rangatahi or the caregiver social worker (if appropriate) must ensure that the vehicle owner is aware that they will be providing information to the site manager and may need evidence in writing from their insurance company of any additional costs associated with adding the rangatahi to their insurance cover.
If the vehicle owner is a caregiver, the caregiver social worker must record the agreement to provide financial support to the caregiver in the caregiver support plan. If there is agreement to provide financial support to someone else in the support network of the rangatahi then the social worker for the rangatahi records this in the All About Me plan of the rangatahi. This will include any conditions or responsibilities that have been discussed and agreed to by the rangatahi, so that all parties can make an informed decision.
Use of Oranga Tamariki vehicles
Rangatahi are never allowed to drive an Oranga Tamariki vehicle. Oranga Tamariki vehicles are for the use of staff only.
Transition support service
If rangatahi are eligible for the transition support service (because they have left care or custody), they may be able to get financial assistance and advice for using another person's vehicle.