Transport Act 1962 No 135 (as at 03 September 2007), Public Act

  • not the latest version

Transport Act 1962

Public Act1962 No 135
Date of assent14 December 1962
  • Except in sections 2(1), 68A(2), (4), and (7), and 199B, the words Secretary and Secretary for Transport have been substituted wherever they occur with the word Director in accordance with section 35(1) Land Transport Act 1993 (1993 No 88).


Note

This Act is administered in the Ministry of Transport


Contents

Title

11 Annual licences [Repealed]

Registers of motor vehicles

Special provisions as to dealers in motor vehicles

28A  [Repealed]

Owner liability

Infringement offences

Demerit points system

47 Notice of points [Repealed]

52 Speed limits [Repealed]

Breath-alcohol and blood-alcohol offences

57A Interpretation [Repealed]

58C Blood tests [Repealed]

59B Breath tests [Repealed]

59C Blood tests [Repealed]

Miscellaneous provisions with respect to motor driving

Heavy traffic

Driving hours and logbooks

Hazardous substances

Hovercraft

Bylaws

General provisions

76  [Repealed]

76C Traffic surveys [Repealed]

Vehicles used in licensed services

83  [Repealed]

84  [Repealed]

85  [Repealed]

86  [Repealed]

87  [Repealed]

88  [Repealed]

89  [Repealed]

90  [Repealed]

90A  [Repealed]

90B  [Repealed]

90C  [Repealed]

90D  [Repealed]

90E  [Repealed]

90F  [Repealed]

90G  [Repealed]

90H  [Repealed]

90I  [Repealed]

100 Deputies [Repealed]

107C Seal [Repealed]

162 Notice of appeal [Repealed]

168 Date of hearing [Repealed]

178 Regulations [Repealed]

179  [Repealed]

180  [Repealed]

181  [Repealed]

182  [Repealed]

183  [Repealed]

184  [Repealed]

185  [Repealed]

186  [Repealed]

187 Interpretation [Repealed]

194A  [Repealed]

197A  [Repealed]

Schedule 1

[Repealed]

Schedule 3

[Repealed]


An Act to consolidate and amend certain enactments of the Parliament of New Zealand relating to motor vehicles, to road traffic, and to commercial transport services carried on by means of motor vehicles or harbour ferries

  • The long title was amended, as from 1 January 1987, pursuant to section 29(2) Constitution Act 1986 (1986 No 114) by substituting the words Parliament of New Zealand for the words General Assembly.

BE IT ENACTED by the General Assembly of New Zealand in Parliament assembled, and by the authority of the same, as follows:

1 Short Title and commencement
  • (1) This Act may be cited as the Transport Act 1962.

    (2) Except where this Act otherwise provides, this Act shall come into force on the 1st day of May 1963.

2 Interpretation
  • (1) In this Act, unless the context otherwise requires,—

    Accident compensation levy

    [Repealed]

    Accident compensation levy: this definition was repealed, as from 30 April 1986, by section 58(1) Transport (Vehicle and Driver Registration and Licensing) Act 1986 (1986 No 6).

    Adjoining means contiguous, or contiguous except for a separation by a river, stream, drain, canal, or other watercourse, or by a road, motorway, or railway

    Agricultural operation

    [Repealed]

    Agricultural operation: this definition was repealed, as from 30 April 1986, by section 58(1) Transport (Vehicle and Driver Registration and Licensing) Act 1986 (1986 No 6).

    Agricultural trailer means a trailer designed exclusively for agricultural operations and used on a road only when proceeding to or from a farm or when being inspected, serviced, or repaired

    Agricultural trailer: this definition was omitted during the 1972 revision and a new definition was inserted, as from 16 November 1973, by section 2(2) Transport Amendment Act 1973 (1973 No 35).

    Alternative fuel system means a fuel storage and conducting system that is used to provide liquid petroleum gas, compressed natural gas, or any other pressurised liquid or gaseous fuel (other than petrol or diesel) for the purposes of propulsion of a vehicle

    Alternative fuel system: this definition was inserted, as from 17 December 1980, by section 2(1) Transport Amendment Act 1980 (1980 No 96) and has particular relevance to the regulation-making power in section 77(2).

    Ambulance means any motor vehicle designed and used principally for the carriage of sick or injured persons

    Approved operational plan

    [Repealed]

    Approved operational plan: this definition was inserted, as from 1 April 1981, by section 42 Urban Transport Act 1980 (1980 No 156).

    Approved operational plan: this definition was repealed, as from 1 October 1989, by section 2(2) Transport Amendment Act 1989 (1989 No 77).

    Approved transport section of a regional planning scheme

    [Repealed]

    Approved transport section of a regional planning scheme: this definition was inserted, as from 1 April 1981, by section 42 Urban Transport Act 1980 (1980 No 156).

    Approved transport section of a regional planning scheme: this definition was repealed, as from 1 October 1989, by section 2(2) Transport Amendment Act 1989 (1989 No 77).

    Approved urban transport scheme

    [Repealed]

    Approved urban transport scheme: this definition was inserted, as from 1 April 1981, by section 42 Urban Transport Act 1980 (1980 No 156).

    Approved urban transport scheme: this definition was repealed, as from 1 October 1989, by section 2(2) Transport Amendment Act 1989 (1989 No 77).

    Approved vehicle surveillance equipment

    [Repealed]

    Approved vehicle surveillance equipment: this definition was inserted, as from 1 April 1983, by section 2 Transport Amendment Act (No 3) 1992 (1992 No 108).

    Approved vehicle surveillance equipment: this definition was repealed, as from 1 March 1999, by section 215(1) Land Transport Act 1998 (1998 No 110).

    Articulated vehicle means any motor vehicle with a trailer attached so that part of the trailer is superimposed upon the motor vehicle and a substantial part of the weight of the trailer and of its load is borne by the motor vehicle. Such a trailer shall be called a semi-trailer

    Articulated vehicle: replaced the previous definition of articulated motor vehicle.

    Assessment Centre

    [Repealed]

    Assessment Centre: this definition was inserted, as from 3 November 1983, by section 2 Transport Amendment Act (No 3) 1983 (1983 No 35).

    Assessment Centre: this definition was repealed, as from 1 March 1999, by section 215(1) Land Transport Act 1998 (1998 No 110).

    Authority means Land Transport New Zealand established by section 66 of the Land Transport Management Act 2003

    Authority: this definition was inserted, as from 20 August 1993, by section 35(1) Land Transport Act 1993 (1993 No 88).

    Authority: this definition was amended, as from 1 March 1999, by section 215(1) Land Transport Act 1998 (1998 No 110), by substituting the words continued by section 184 of the Land Transport Act 1998 for the words established by section 15 of the Land Transport Act 1993.

    Authority: this definition was substituted, as from 1 December 2004, by section 19(1) Land Transport Management Amendment Act 2004 (2004 No 97). See sections 20 to 22 of that Act as to the savings and transitional provisions.

    Axle has the same meaning as it has in section 2(1) of the Land Transport Act 1998

    Axle: the second proviso of this definition was amended, as from 29 October 1974, by section 33(a) Transport Amendment Act 1974 (1974 No 61) by substituting the expression 1 metre for the expression 3 feet 4 inches.

    Axle: this definition was substituted, as from 1 March 1999, by section 215(1) Land Transport Act 1998 (1998 No 110).

    Cargo container means an article of transport equipment of a type approved for the purposes of this Act by the Authority by notice in the Gazette, being a lift van, movable tank, or other similar structure; and includes the normal accessories and equipment of the container, when attached to and used exclusively with it; but does not include any vehicle, or any ordinary packing case, crate, box, or other similar article used for packing

    Cargo container: this definition was inserted, as from 19 November 1971, by section 2 Transport Amendment Act 1971 (1971 No 57) and continued into the 1972 amendment. It defined a term used in subsection (5) of section 123 as inserted by section 17 of that same Act. This definition is now redundant with the repeal of section 123 by section 18 Transport Amendment Act (No 2) 1983 (1983 No 33).

    Cargo container: this definition was amended, as from 20 August 1993, by section 35 Land Transport Act 1993 (1993 No 88) by substituting the word Authority for the word Minister.

    Carriage includes haulage

    Charges Appeal Authority

    [Repealed]

    Charges Appeal Authority: this definition was repealed, as from 1 November 1989, by section 2(10) Transport Amendment Act 1989 (1989 No 77).

    Commissioner means the Commissioner of Police

    Commissioner: this definition was inserted, as from 1 July 1992, by section 2 Transport Amendment Act (No 2) 1992 (1992 No 67).

    Container ship

    [Repealed]

    Container ship: this definition was repealed, as from 1 November 1989, by section 2(10) Transport Amendment Act 1989 (1989 No 77).

    Continuous licence

    [Repealed]

    Continuous licence: this definition was repealed, as from 1 November 1989, by section 2(10) Transport Amendment Act 1989 (1989 No 77).

    Contract

    [Repealed]

    Contract: this definition was repealed, as from 1 November 1989, by section 2(10) Transport Amendment Act 1989 (1989 No 77).

    Contract vehicle

    [Repealed]

    Contract vehicle: this definition was repealed, as from 1 November 1989, by section 2(10) Transport Amendment Act 1989 (1989 No 77).

    Controlling authority, in relation to any road, means the road controlling authority for that road within the meaning of section 2(1) of the Land Transport Act 1998

    Controlling authority: this definition was inserted, as from 30 April 1997, by section 2(1) Transport Amendment Act 1997 (1997 No 3).

    Controlling authority: this definition was substituted, as from 1 March 1999, by section 215(1) Land Transport Act 1998 (1998 No 110).

    Dealer means a person who is carrying on business as a manufacturer of motor vehicles or as a dealer in motor vehicles

    Department

    [Repealed]

    Department: this definition was repealed, as from 20 August 1993, by section 35(1) Land Transport Act 1993 (1993 No 88).

    Department of State means a department of the Public Service as defined in the State Sector Act 1988

    Department of State: this definition was inserted, as from 19 November 1971, by section 2 Transport Amendment Act 1971 (1971 No 57).

    Department of State: this definition was amended, as from 1 April 1982, by section 120(4) New Zealand Railways Corporation Act 1981 (1981 No 119) by substituting the words the New Zealand Railways Corporation for the words the New Zealand Government Railways Department.

    Department of State: this definition was amended, as from 20 August 1993, by section 35(1) Land Transport Act 1993 (1993 No 88) by substituting the words State Sector Act 1988 for the words State Services Act 1962; and includes the New Zealand Railways Corporation and the Post Office.

    Design, in relation to a motor vehicle, refers to the construction of the motor vehicle, and not its use or intended use; and designed has a corresponding meaning

    Design: this definition was inserted, as from 24 October 1969, by section 2 Transport Amendment Act (No 2) 1969 (1969 No 137).

    Director means the Director of Land Transport appointed under section 186 of the Land Transport Act 1998

    Director: this definition was inserted, as from 20 August 1993, by section 35(1) Land Transport Act 1993 (1993 No 88).

    Director: this definition was amended, as from 1 March 1999, by section 215(1) Land Transport Act 1998 (No 1998 No 110) by substituting the words section 186 of the Land Transport Act 1998 for the words section 24 of the Land Transport Act 1993.

    Director: this definition was amended, as from 1 December 2004, by section 19(1) Land Transport Management Amendment Act 2004 (2004 No 97) by omitting the word Safety. See sections 20 to 22 of that Act as to the savings and transitional provisions.

    District

    [Repealed]

    District: this definition was repealed, as from 1 November 1989, by section 2(10) Transport Amendment Act 1989 (1989 No 77).

    Driver, in relation to any vehicle, includes the rider of a motor cycle or moped or bicycle; and drive has a corresponding meaning

    Driver: this definition was amended, as from 1 March 1984, by section 21(3) Transport Amendment Act (No 3) 1983 (1983 No 35) by substituting the word moped for the words power cycle.

    Driver licence means a driver licence issued or having effect under the Land Transport Act 1998

    Driver's licence: this definition was inserted, as from 30 April 1986, by section 53 Transport (Vehicle and Driver Registration and Licensing) Act 1986 (1986 No 6).

    Driver licence: this definition was substituted for the definition of Driver's licence, as from 1 March 1999, by section 215(1) Land Transport Act 1998 (1998 No 110).

    Enforcement authority, in relation to an infringement offence , means—

    • (a) The New Zealand Police, in the case of an alleged infringement offence detected by a sworn or non-sworn member of the Police:

    • (b) The Authority, in the case of an alleged infringement offence detected by an officer of the Authority:

    • (c) The local authority, in the case of an alleged infringement offence detected by an officer of a local authority:

    • (d) The airport authority, in the case of an alleged infringement offence detected by an officer of an airport authority:

    Enforcement authority: this definition was inserted, as from 20 October 1972, by section 2 Transport Amendment Act 1972 (1972 No 129).

    Enforcement authority: this definition was amended, as from 29 October 1974, by section 10(3) Transport Amendment Act 1974 (1974 No 61) by inserting the words infringement offence.

    Enforcement authority: this definition was substituted, as from 1 April 1981, by section 2(2) Transport Amendment Act 1980 (1980 No 96).

    Enforcement authority: this definition was amended, as from 23 November 1982, by section 3(1) Airport Authorities Amendment Act 1982 (1982 No 57) by inserting paragraph (c).

    Enforcement authority: this definition was substituted, as from 1 July 1992, by section 2 Transport Amendment Act (No 2) 1992 (1992 No 67).

    Enforcement authority: this definition was amended, as from 20 August 1993, by section 35(1) Land Transport Act 1993 (1993 No 88) by substituting the word Authority for the words Ministry and Ministry of Transport wherever they occurred.

    Enforcement authority: this definition was amended, as from 1 March 1999, by section 215(1) Land Transport Act 1998 (1998 No 110) by omitting the words or an overloading infringement and or overloading infringement offence.

    Enforcement officer means a traffic officer or a constable

    Enforcement officer: this definition was inserted, as from 1 July 1992, by section 2 Transport Amendment Act (No 2) 1992 (1992 No 67).

    Explosive means any hazardous substance (as defined in section 2(1) of the Hazardous Substances and New Organisms Act 1996) with explosive properties

    Explosive: previously the term explosive was given the same meaning as in the Explosives Act 1957. This provision was contained in section 64(4). The new definition set out the full definition of explosive and transferred the definition from section 64 to the Interpretation section.

    Explosive: this definition was substituted, as from 29 July 1998, with application to new organisms, by section 149 Hazardous Substances and New Organisms Act 1996 (1996 No 30). See clause 2 Hazardous Substances and New Organisms Act (New Organisms) Commencement Order 1998 (SR 1998/220). See Parts 11 to 16 of that Act (comprising sections 151 to 259) as to the transitional provisions. See clause 2 Hazardous Substances and New Organisms Act Commencement Order (No 2) 2001 (SR 2001/171) as to that amendment coming fully into force as from 2 July 2001.

    Fares

    [Repealed]

    Fares: this definition was substituted, as from 20 October 1972, by section 2 Transport Amendment Act 1972 (1972 No 129).

    Fares: this definition was repealed, as from 1 November 1989, by section 2(10) Transport Amendment Act 1989 (1989 No 77).

    Farmer means any farmer of animals or livestock, or any market gardener, orchardist, viticulturalist, apiarist, nurseryman, poultry or egg producer, or grower of hops, peas, potatoes, tobacco, or other crops; and farm has a corresponding meaning

    Farmer: this definition was substituted, as from 11 December 1988, by section 2 Transport Amendment Act (No 2) 1988 (1988 No 170).

    Fire brigade has the same meaning as it has in section 2(1) of the Land Transport Act 1998

    Fire brigade: this definition was inserted, as from 30 April 1997, by section 2(2) Transport Amendment Act 1997 (1997 No 3).

    Fire brigade: this definition was substituted, as from 1 March 1999, by section 215(1) Land Transport Act 1998 (1998 No 110).

    Flammable liquid means any hazardous substance (as defined in section 2 of the Hazardous Substances and New Organisms Act 1996) in liquid form with flammable properties; and includes motor spirits

    Flammable liquid: this definition was inserted, as from 1 August 1987, by section 2(2) Transport Amendment Act 1987 (1987 No 96).

    Flammable liquid: this definition was substituted, as from 29 July 1998, with application to new organisms, by section 149 Hazardous Substances and New Organisms Act 1996 (1996 No 30). See clause 2 Hazardous Substances and New Organisms Act (New Organisms) Commencement Order 1998 (SR 1998/220). See Parts 11 to 16 of that Act (comprising sections 151 to 259) as to the transitional provisions. See clause 2 Hazardous Substances and New Organisms Act Commencement Order (No 2) 2001 (SR 2001/171) as to that amendment coming fully into force as from 2 July 2001.

    Goods has the same meaning as it has in section 2(1) of the Land Transport Act 1998

    Goods: this definition was substituted, as from 1 March 1999, by section 215(1) Land Transport Act 1998 (1998 No 110).

    Goods service, and goods service licence have the same meanings as in section 2 of the Transport Services Licensing Act 1989

    Goods service: this definition was repealed, as from 1 November 1989, by section 2(3) Transport Amendment Act 1989 (1989 No 77).

    Goods service and goods service licence: this definition was inserted, as from 1 November 1989, by section 2(3) Transport Amendment Act 1989 (1989 No 77).

    Goods-service vehicle means a motor vehicle designed exclusively or principally for the carriage of goods but does not include a tractor

    Goods-service vehicle: this definition was amended, as from 29 October 1974, by section 2(1) Transport Amendment Act 1974 (1974 No 61) by inserting the words but does not include a tractor.

    Gross laden weight

    [Repealed]

    Gross laden weight: this definition was inserted, as from 1 November 1989, by section 2(4) Transport Amendment Act 1989 (1989 No 77).

    Gross laden weight: this definition was repealed, as from 1 March 1999, by section 215(1) Land Transport Act 1998 (1998 No 110).

    Gross weight

    [Repealed]

    Gross weight: the previous definition was inserted, as from 1 April 1969, by section 5 Transport Amendment Act 1968 (1968 No 148).

    Gross weight: the proviso to the previous definition was inserted, as from 20 October 1972, by section 2 Transport Amendment Act 1972 (1972 No 129).

    Gross weight: this definition was repealed, as from 1 March 1999, by section 215(1) Land Transport Act 1998 (1998 No 110).

    Gross weight and gross laden weight have the same meanings as they have in section 2(1) of the Land Transport Act 1998

    Gross weight and gross laden weight: this definition was inserted, as from 1 March 1999, by section 215(1) Land Transport Act 1998 (1998 No 110).

    Harbour

    [Repealed]

    Harbour: this definition was repealed, as from 1 November 1989, by section 2(4) Transport Amendment Act 1989 (1989 No 77).

    Harbour ferry

    [Repealed]

    Harbour ferry: this definition was repealed, as from 1 November 1989, by section 2(4) Transport Amendment Act 1989 (1989 No 77).

    Harbour-ferry service

    [Repealed]

    Harbour-ferry service: this definition was repealed, as from 1 November 1989, by section 2(4) Transport Amendment Act 1989 (1989 No 77).

    Hazardous substance has the same meaning as in section 70E of this Act

    Hazardous substance: this definition was inserted, as from 1 November 1989, by section 2(4) Transport Amendment Act 1989 (1989 No 77).

    Heavy motor vehicle means a motor vehicle (other than a motorcar that is not used, kept, or available for the carriage of passengers for hire or reward) the gross laden weight of which exceeds 3,500 kilograms

    Heavy motor vehicle: this definition was substituted, as from 20 October 1972, by section 2 Transport Amendment Act 1972 (1972 No 129).

    Heavy motor vehicle: this definition was substituted, as from 1 November 1989, by section 2(4) Transport Amendment Act 1989 (1989 No 77).

    Heavy motor vehicle: Section 2(4) Transport Amendment Act 1989 (1989 No 77) included the new definition of Heavy motor vehicle shown above. However, there has been no formal repeal of the previous definition.

    Heavy traffic means—

    • (a) The use of any heavy motor vehicle; or

    • (b) Any other traffic declared to be heavy traffic by the Authority by notice in the Gazette:

    Heavy traffic: this definition was inserted by section 9(2) Transport Amendment Act (No 2) 1967 (1967 No 153) and continued in the 1972 amendment.

    Heavy traffic: this definition was amended, as from 20 August 1993, by section 35(1) Land Transport 1993 (1993 No 88) by substituting the words Authority by notice in the Gazette.

    Hovercraft means a contrivance propelled by mechanical power which is designed to be supported by and to move on a cushion of air created by downward thrust from its motor

    Image

    [Repealed]

    Image: this definition was inserted, as from 1 April 1993, by section 2(1) Transport Amendment Act (No 3) 1992 (1992 No 108).

    Image: this definition was repealed, as from 1 March 1999, by section 215(1) Land Transport Act 1998 (1998 No 110).

    Inflammable liquid

    [Repealed]

    Inflammable liquid: this definition was repealed, as from 1 August 1987, by section 2(1) Transport Amendment Act 1987 (1987 No 96).

    Infringement offence has the meaning assigned to it in section 42A(1) of this Act

    Infringement offence: this definition was substituted, as from 1 April 1981, by section 2(3) Transport Amendment Act 1980 (1980 No 96) as part of a new regime of infringement offences.

    Initiator

    [Repealed]

    Initiator: this definition was repealed, as from 1 November 1986, by section 22(1)(a) Transport Amendment Act (No 2) 1983 (1983 No 33).

    International cargo container means a cargo container designed for carriage in a cellular hold of a container ship engaged in international trade

    International cargo container: this definition was inserted by section (2) Transport Amendment Act 1971 (1971 No 57).

    Invalid carriage

    [Repealed]

    Invalid carriage: this definition was substituted, as from 1 March 1999, by section 215(1) Land Transport Act 1998 (1998 No 110).

    Invalid carriage: this definition was repealed, as from 22 June 2005, by section 91(1) Land Transport Amendment Act 2005 (2005 No 77). See sections 96 to 100 of that Act as to the transitional and savings provisions.

    Issue

    [Repealed]

    Issue: this definition was repealed, as from 30 April 1986, by section 58(1) Transport (Vehicle and Driver Registration and Licensing) Act 1986 (1986 No 6).

    Land Transport Fund

    [Repealed]

    Land Transport Fund: this definition was inserted, as from 1 October 1989, by section 2(1) Transport Amendment Act 1989 (1989 No 77).

    Land Transport Fund: this definition was repealed, as from 1 July 1996, by section 29 Transit New Zealand Amendment Act 1995 (1995 No 42).

    Large passenger service vehicle has the same meaning as in section 2 of the Transport Services Licensing Act 1989

    Large passenger service vehicle: this definition was inserted, as from 1 November 1989, by section 2(4) Transport Amendment Act 1989 (1989 No 77).

    Licensing Appeal Authority

    [Repealed]

    Licensing Appeal Authority: this definition was repealed, as from 1 November 1989, by section 2(10) Transport Amendment Act 1989 (1989 No 77).

    Licensing Authority

    [Repealed]

    Licensing Authority: this definition was repealed, as from 1 November 1989, by section 2(10) Transport Amendment Act 1989 (1989 No 77).

    Licensing year

    [Repealed]

    Licensing year: this definition was substituted, as from 3 November 1983, by section 4(2) Transport Amendment Act (No 3) 1983 (1983 No 35).

    Licensing year: this definition was repealed, as from 30 April 1986, by section 58(1) Transport (Vehicle and Driver Registration and Licensing) Act 1986 (1986 No 6).

    Load has the same meaning as it has in section 2(1) of the Land Transport Act 1998

    Load: this definition was inserted, as from 1 February 1986, by section 2(1) Transport Amendment Act (No 3) 1985 (1985 No 126).

    Load: this definition was substituted, as from 1 March 1999, by section 215(1) Land Transport Act 1998 (1998 No 110).

    local authority means a local authority within the meaning of the Local Government Act 2002

    Local authority: this definition was amended, as from 1 April 1978, by section 7(3) Local Government Amendment Act (No 3) 1977 (1977 No 122) by inserting the words a District Council, a Regional Council, a United Council,.

    Local authority: this definition was substituted, as from 1 March 1999, by section 215(1) Land Transport Act 1998 (1998 No 110).

    Local authority: this definition was substituted, as from 1 July 2003, by section 262 Local Government Act 2002 (2002 No 84). See sections 273 to 314 of that Act as to the savings and transitional provisions.

    Logbook means a logbook (being a logbook in a form approved by the Director) referred to in sections 70C and 70D of this Act

    Logbook: this definition was inserted, as from 1 August 1987, by section 2(3) Transport Amendment Act 1987 (1987 No 96). It relates to the regime of driving hours enforcement introduced by that Amendment.

    Minister has the same meaning as it has in section 2(1) of the Land Transport Act 1998

    Minister: this definition was substituted, as from 1 March 1999, by section 215(1) Land Transport Act 1998 (1998 No 110).

    Moped means a motor vehicle running on 2 or 3 wheels that is fitted with a motor having a power output not exceeding 2 kilowatts and is designed to be ridden at a speed not exceeding 50 kilometres per hour under normal conditions of use

    Moped: this definition was inserted, as from 1 December 1983, by section 2 Transport Amendment Act (No 3) 1983 (1983 No 35) to replace the definition of power cycle.

    Motorcar means a motor vehicle (other than a motor cycle or moped) designed exclusively or principally for the carriage of persons not exceeding 9 in number inclusive of the driver; and includes a motor vehicle which is designed principally for the carriage of passengers but which has rear doors and collapsible rear seats

    Motorcar: this definition was amended, as from 1 March 1984, by section 21(3) Transport Amendment Act (No 3) 1983 (1983 No 35) by substituting the word moped for the words power cycle.

    Motor cycle means a motor vehicle running on 2 wheels, or not more than 3 wheels when fitted with a side car; and includes any vehicle with motorcycle controls declared by the Director to be a motorcycle; but does not include a moped

    Motor cycle: this definition was amended, as from 1 March 1984, by section 21(3) Transport Amendment Act (No 3) 1983 (1983 No 35) by substituting the word moped for the words power cycle.

    Motor driver's licence or driver's licence

    [Repealed]

    Motor driver's licence or driver's licence: this definition was amended by section (3) Transport Amendment Act (No 3) 1983 and repealed, as from 30 April 1986, by section 58(1) Transport (Vehicle and Driver Registration and Licensing) Act 1986 (1986 No 6).

    Motor vehicle has the same meaning as it has in section 2(1) of the Land Transport Act 1998

    Motor vehicle: the previous definition was amended, as from 29 October 1965, by section 2 Transport Amendment Act (No 2) 1965 (1965 No 128) by inserting the words (not being a trailer designed solely for the carriage of goods) in para (c).

    Motor vehicle: the previous definition was amended, as from 24 October 1969, by section 2 Transport Amendment Act (No 2) 1969 (1969 No 137) by inserting the words and used. A trailer designed as part of the armament of any of Her Majesty's Forces would remain outside the definition of motor vehicle even if sold and used for some other purpose without the addition of these words.

    Motor vehicle: paragraph (d) of the previous definition was inserted, as from 29 October 1965, by section 2 Transport Amendment Act 1965 (1965 No 127).

    Motor vehicle: paragraph (f) of the previous definition was substituted, as from 1 January 1969, by section 3(2) Transport Amendment Act 1968 (1968 No 148).

    Motor vehicle: this definition was substituted, as from 1 March 1999, by section 215(1) Land Transport Act 1998 (1998 No 110).

    Moving vehicle offence

    [Repealed]

    Moving vehicle offence: this definition was inserted, as from 1 April 1993, by section 2 Transport Amendment Act (No 3) 1992 (1992 No 108).

    Moving vehicle offence: this definition was repealed, as from 1 March 1999, by section 215(1) Land Transport Act 1998 (1998 No 110).

    Officer means an employee of the Authority or of a local authority; and includes a traffic officer

    Officer: this definition was inserted, as from 1 April 1981, by section 2(4) Transport Amendment Act 1980 (1980 No 96).

    Officer: this definition was substituted, as from 20 August 1993, by section 35(1) Land Transport Act 1993 (1993 No 88).

    Officer: this definition was amended, as from 20 August 1993, by section 35 Land Transport Act 1993 (1993 No 88) by substituting the word Authority for the word Department.

    Officer: this definition was amended, as from 1 March 1999, by section 215(1) Land Transport Act 1998 (1998 No 110), by substituting the words an employee for the words an officer.

    Officer of the Authority

    [Repealed]

    Officer of the Authority: this definition was inserted, as from 1 November 1987, by section 2 Transport Amendment Act 1987 (1987 No 96).

    Officer of the Authority: this definition was amended, as from 20 August 1993, by section 35 Land Transport Act 1993 (1993 No 88) by substituting the word Authority for the word Department.

    Officer of the Authority: this definition was repealed, as from 1 March 1999, by section 215(1) Land Transport Act 1998 (1998 No 110). Section 215(1) proposed to repeal the definition of the term Officer of the Department apparently in error.

    Operate, in relation to any vehicle, means to use or drive the vehicle on any road, or to cause or permit the vehicle to be on any road or be driven on any road, whether or not the person is present with the vehicle; and operator has a corresponding meaning

    Operate: this definition was inserted, as from 1 November 1987, by section 2 Transport Amendment Act 1987 (1987 No 96).

    Overloading infringement

    [Repealed]

    Overloading infringement: this definition was repealed, as from 1 November 1987, by section 2(4) Transport Amendment Act 1987 (1987 No 96).

    Overloading-infringement fee

    [Repealed]

    Overloading-infringement fee: this definition was repealed, as from 1 November 1987, by section 2(4) Transport Amendment Act 1987 (1987 No 96).

    Overloading-infringement notice

    [Repealed]

    Overloading-infringement notice: this definition was repealed, as from 1 November 1987, by section 2(4) Transport Amendment Act 1987 (1987 No 96).

    Overloading offence

    [Repealed]

    Overloading offence: this definition was inserted, as from 1 November 1987, by section 2 Transport Amendment Act 1987 (1987 No 96).

    Overloading offence: this definition was repealed, as from 1 March 1999, by section 215(1) Land Transport Act 1998 (1998 No 110).

    Owner, in relation to a motor vehicle, means the person lawfully entitled to possession thereof, except where—

    • (a) The motor vehicle is subject to a bailment that is for a period not exceeding 28 days; or

    • (b) The motor vehicle is let on hire pursuant to the terms of a rental-service licence—

    in which case owner means the person who, but for the bailment or letting on hire, would be lawfully entitled to possession of the motor vehicle; and owned and ownership have corresponding meanings

    Parking means—

    • (a) In relation to any portion of a road where parking is for the time being governed by the location of parking meters placed pursuant to a bylaw of a local authority, the stopping or standing of a vehicle on that portion of the road for any period exceeding 5 minutes:

    • (b) In relation to any other portion of a road, the stopping or standing of a vehicle on that portion of the road:

    Parking: this definition was amended as from 1 April 1981, by section 2(5) Transport Amendment Act 1980 (1980 No 96) by omitting the words where the parking is prohibited for a period in excess of a period fixed by a bylaw of a local authority.

    Parking infringement

    [Repealed]

    Parking infringement: this definition was repealed, as from 1 April 1981, by section 2 Transport Amendment Act (No 2) 1980 (1980 No 96).

    Parking infringement notice

    [Repealed]

    Parking infringement notice: this definition was repealed, as from 1 April 1981, by section 2 Transport Amendment Act (No 2) 1980 (1980 No 96).

    Parking offence means an offence described in paragraph (a) of the definition of the term stationary vehicle offence in section 41A of this Act

    Parking offence: this definition was inserted, as from 1 April 1981, by section 2(4) Transport Amendment Act 1980 (1980 No 96).

    Parking offence: this definition was substituted, as from 1 April 1993, by section 2 Transport Amendment Act (No 3) 1992 (1992 No 108).

    Parking warden means a parking warden appointed under section 7 of this Act

    Parking warden: this definition was inserted, as from 1 August 1987, by section 2(5) Transport Amendment Act 1987 (1987 No 96).

    Passenger service, passenger service licence, and passenger service vehicle have the same meanings as in section 2 of the Transport Services Licensing Act 1989

    Passenger service and Passenger service vehicle: these definitions were substituted, as from 1 November 1989, by section 2 Transport Amendment Act 1989 (1989 No 77).

    Pedestrian-controlled machine means a vehicle (not designed for the carriage of persons or goods) controlled by a pedestrian and designed exclusively to perform some mechanical operation by means of machinery either forming an integral part of, or permanently attached to, the vehicle

    Public body

    [Repealed]

    Public body: this definition was repealed, as from 1 November 1989, by section 2(10) Transport Amendment Act 1989 (1989 No 77).

    Quarter means a period of 3 months ending with the last day of March, June, September, or December in any year

    Quarter day means the 1st day of March, June, September, or December in any year

    Rail service vehicle

    [Repealed]

    Rail service vehicle: this definition was inserted, as from 1 April 1993, by section 2 Transport Amendment Act (No 3) 1992 (1992 No 108).

    Rail service vehicle: this definition was repealed, as from 20 July 2005, by section 103(3) Railways Act 2005 (2005 No 37). See sections 105 to 111 of that Act as to the transitional provisions.

    Railway line

    [Repealed]

    Railway line: this definition was substituted, as from 1 April 1993, by section 2 Transport Amendment Act (No 3) 1992 (1992 No 108). The earlier definition was originally transferred to the Interpretation section from section 64 of the Act.

    Railway line: this definition was repealed, as from 20 July 2005, by section 103(3) Railways Act 2005 (2005 No 37). See sections 105 to 111 of that Act as to the transitional provisions.

    Registrar

    [Repealed]

    Registrar and Deputy Registrar: this definition was repealed, as from 1 August 1986, by section 5(a) Transport Amendment Act 1986 (1986 No 49).

    Registration plate

    [Repealed]

    Registration plate: this definition was repealed, as from 30 April 1986, by section 58(1) Transport (Vehicle and Driver Registration and Licensing) Act 1986 (1986 No 6)

    Rental car

    [Repealed]

    Rental car: this definition was repealed, as from 1 November 1989, by section 2(6) Transport Amendment Act 1989 (1989 No 77).

    Rental service, rental service licence, and rental service vehicle have the same meanings as in section 2 of the Transport Services Licensing Act 1989

    Rental service, rental service licence, and rental service vehicle: these definitions were substituted, as from 1 November 1989, by section 2(6) Transport Amendment Act 1989 (1989 No 77) for the definitions rental service, and rental vehicle.

    Road has the same meaning as it has in section 2(1) of the Land Transport Act 1998

    Road: this definition was amended, as from 16 December 1983, by section 16(1) Public Works Amendment Act 1983 (1983 No 150) by omitting the words ; but does not include a motorway within the meaning of the Public Works Amendment Act 1947.

    Road: this definition was substituted, as from 1 March 1999, by section 215(1) Land Transport Act 1998 (1998 No 110).

    Sale, in relation to any motor vehicle, includes disposition by way of hire-purchase; and also includes a conditional sale; and sell, seller, and purchaser have corresponding meanings

    Seasonal licence

    [Repealed]

    Seasonal licence: this definition was repealed, as from 1 August 1987, by section 2(6) Transport Amendment Act 1987 (1987 No 96).

    Secretary or Secretary for Transport means the chief executive of the Ministry of Transport

    Secretary or Secretary for Transport: this definition was substituted, as from 1 April 1993, by section 2(1) Transport Amendment Act (No 3) 1992 (1992 No 108).

    Secretary or Secretary for Transport: this definition was amended, as from 20 August 1993, by section 35(1) Land Transport Act 1993 (1993 No 88) by substituting the words Ministry of Transport for the word Department.

    Service means a transport service

    Service: this definition was substituted for the definition of Service or transport service, as from 1 November 1989, by section 2(7) Transport Amendment Act 1989 (1989 No 77).

    Small passenger service vehicle has the same meaning as in section 2 of the Transport Services Licensing Act 1989

    Small passenger service vehicle: this definition was inserted, as from 1 November 1989, by section 2(7) Transport Amendment Act 1989 (1989 No 77).

    Speeding offence and speed limit have the same meanings as they have in section 2(1) of the Land Transport Act 1998

    Speeding offence: this definition was amended, as from 1 February 1982, by section 248(1) Public Works Act 1981 (1981 No 35) by substituting the Public Works Act 1981 for the repealed Public Works Amendment Act 1947.

    Speeding offence: this definition was inserted, as from 1 April 1993, by section 2 Transport Amendment Act (No 3) 1992 (1992 No 108).

    Speeding offence: this definition was substituted, as from 1 March 1999, by section 215(1) Land Transport Act 1998 (1998 No 110).

    Stationary vehicle offence has the same meaning as in section 41A of this Act

    Stationary vehicle offence: this definition was inserted, as from 1 April 1993, by section 2(1) Transport Amendment Act (No 3) 1992 (1992 No 108).

    Taxicab means a motor vehicle—

    • (a) Designed principally for the carriage of persons not exceeding 8 in number, inclusive of the driver; and

    • (b) Used for hire or reward for the carriage of passengers otherwise than on defined routes; and

    • (c) Available for hire to any member of the public:

    Taxicab: this definition was amended, as from 20 October 1972, by section 2(1) Transport Amendment Act 1972 (1972 No 129) by omitting the words exclusively or. A station wagon may now be used as a taxicab.

    Taxicab service means a passenger service carried on by means of a taxicab or taxicabs used as such

    Temporary licence

    [Repealed]

    Temporary licence: this definition was substituted, as from 1 June 1984, by section 20(1) Transport Amendment Act (No 2) 1983 (1983 No 33).

    Temporary licence: this definition was repealed, as from 1 November 1989, by section 2(10) Transport Amendment Act 1989 (1989 No 77).

    territorial authority means a territorial authority within the meaning of the Local Government Act 2002

    Territorial authority: this definition was inserted, as from 1 April 1980, by section 8(3) Local Government Amendment Act 1979 (1979 No 59).

    Territorial authority: this definition was substituted, as from 1 July 2003, by section 262 Local Government Act 2002 (2002 No 84). See sections 273 to 314 of that Act as to the savings and transitional provisions.

    Towage fee, in respect of a parking offence, means an amount specified as the towage fee in respect of that offence by the Director by notice in the Gazette; and, for the purposes of this definition, the Director may prescribe different rates of towage fees in respect of different classes of persons, vehicles, products, or any other property or item, or on the basis of different times of use, or different distances, or on any other differential basis

    Towage fee:this definition was inserted, as from 1 April 1981, by section 2(4) Transport Amendment Act 1980 (1980 No 96).

    Towage fee: this definition was amended, as from 22 June 2005, by section 91(7) Land Transport Amendment Act 2005 (2005 No 77) by substituting the words rates of towage fees in respect of different classes of persons, vehicles, products, or any other property or item, or on the basis of different times of use, or different distances, or on any other differential basis for the words towage fees in respect of offences involving different areas, times, or vehicles. See sections 96 to 100 of that Act as to the transitional and savings provisions.

    Traction engine

    [Repealed]

    Traction engine: this definition was repealed, as from 30 April 1986, by section 58(1) Transport (Vehicle and Driver Registration and Licensing) Act 1986 (1986 No 6).

    Tractor

    [Repealed]

    Tractor: this definition was substituted, as from 20 October 1972, by section 2(1) Transport Amendment Act 1972 (1972 No 129).

    Tractor: this definition was substituted, as from 29 October 1974, by section 2(1) Transport Amendment Act 1974 (1974 No 61).

    Tractor: this definition was repealed, as from 30 April 1986, by section 58(1) Transport (Vehicle and Driver Registration and Licensing) Act 1986 (1986 No 6).

    Trade licence

    [Repealed]

    Trade licence: this definition was repealed, as from 30 April 1986, by section 58(1) Transport (Vehicle and Driver Registration and Licensing) Act 1986 (1986 No 6).

    Trade plates

    [Repealed]

    Trade plates: this definition was repealed, as from 30 April 1986, by section 58(1) Transport (Vehicle and Driver Registration and Licensing) Act 1986 (1986 No 6).

    Traffic officer means an enforcement officer appointed or otherwise holding office under the Land Transport Act 1998

    Traffic officer: this definition was substituted, as from 1 August 1987, by section 2(7) Transport Amendment Act 1987 (1987 No 96). Prior to this date the definition was the only reference in the Act to the appointment of traffic officers or their approval by the Minister. The new section 6 inserted by the same amendment comprehensively dealt with the matter before its repeal.

    Traffic officer: this definition was substituted, as from 1 March 1999, by section 215(1) Land Transport Act 1998 (1998 No 110).

    Trailer means a vehicle without motive power that is capable of being drawn or propelled by a motor vehicle from which it is readily detachable; but does not include—

    • (a) A sidecar attached to a motor cycle; or

    • (b) A vehicle normally propelled by mechanical power while it is being temporarily towed without the use of its own power:

    Transit means the body corporate called Transit that is continued by section 75 of the Land Transport Management Act 2003.

    Transit: this definition was inserted, as from 13 November 2003, by section 90 Land Transport Management Act 2003 (2003 No 118).

    Transit New Zealand

    [Repealed]

    Transit New Zealand: this definition was inserted, as from 1 October 1989, by section 2(1) Transport Amendment Act 1989 (1989 No 77).

    Transit New Zealand: this definition was repealed, as from 13 November 2003, by section 90 Land Transport Management Act 2003 (2003 No 118).

    Transport service, transport service licence, and transport service vehicle have the same meanings as in section 2 of the Transport Services Licensing Act 1989

    Transport service, transport service licence, and transport service vehicle: this definition was substituted for the definition of transport licence, as from 1 November 1989, by section 2(8) Transport Amendment Act 1989 (1989 No 77).

    Trolley omnibus

    [Repealed]

    Trolley omnibus: this definition was repealed, as from 30 April 1986, by section 58(1) Transport (Vehicle and Driver Registration and Licensing) Act 1986 (1986 No 6).

    Unladen weight or tare weight, in relation to a vehicle, means the weight of the vehicle together with the fuel in its fuel system (if any) and the equipment and accessories thereon that are necessary for its operation for the purpose for which it was designed

    Urban transport area

    [Repealed]

    Urban transport area: this definition was inserted, as from 1 April 1981, by section 42 Urban Transport Act 1980 (1980 No 156).

    Urban transport area: this definition was repealed, as from 1 October 1989, by section 2(2) Transport Amendment Act 1989 (1989 No 77).

    Use, in relation to a vehicle, includes driving, drawing, or propelling by means of another vehicle, and permitting to be on any road; and to use and user have corresponding meanings

    Vehicle has the same meaning as it has in section 2(1) of the Land Transport Act 1998

    Vehicle: this definition was amended by section 2 Transport Amendment Act 1972 (1972 No 129), when section 2 of the Act was completely substituted. Previously a vehicle was simply defined as a contrivance equipped with wheels or revolving runners upon which it moves or is moved. That part of the definition was retained but the specific types of vehicles specified in paras (a) to (i) are excluded from the definition.

    Vehicle: paragraph (d) of this definition was amended, as from 1 August 1987, by section 2 Transport Amendment Act 1987 (1987 No 96), by substituting the expression 355 mm for the expression 14 inches.

    Vehicle: paragraph (i) of this definition was amended, as from 20 August 1993, by section 35(1) Land Transport Act 1993 (1993 No 88) by substituting the word Authority for the word Minister.

    Vehicle: this definition was substituted, as from 1 March 1999, by section 215(1) Land Transport Act 1998 (1998 No 110).

    Vehicle recovery service, vehicle recovery service licence, and vehicle recovery service vehicle have the same meanings as in section 2 of the Transport Services Licensing Act 1989

    Vehicle recovery service, vehicle recovery service licence, and vehicle recovery service vehicle: this definition was inserted, as from 1 November 1989, by section 2(9) Transport Amendment Act 1989 (1989 No 77).

    Waybill

    [Repealed]

    Waybill: this definition was substituted, as from 1 November 1983, by section 7(2) Transport Amendment Act 1983 (1983 No 33).

    Waybill: this definition was repealed, as from 1 November 1986, by section 22(1)(b) Transport Amendment Act 1983 (1983 No 33).

    Weight has the same meaning as it has in section 2(1) of the Land Transport Act 1998

    Weight: the two definitions of weight prior to the 1972 amendment were combined into one definition. Weight is defined in relation to a wheel, and in relation to the load.

    Weight: this definition was amended, as from 20 August 1993, by section 35(1) Land Transport Act 1993 (1993 No 88) by substituting the word Authority for the word Minister.

    Weight: this definition was substituted, as from 1 March 1999, by section 215(1) Land Transport Act 1998 (1998 No 110).

    (2) [Repealed]

    (3) [Repealed]

    Section 2 was substituted, as from 20 October 1972, by section 2(1) Transport Amendment Act 1972 (1972 No 129).

    Subsection (2) was repealed, as from 1 March 1999, by section 215(1) Land Transport Act 1998 (1998 No 110).

    Subsection (3) was repealed, as from 20 August 1993, by section 35(1) Land Transport Act 1993 (1993 No 88).

Part 1
Administration

3 Transport Department
  • [Repealed]

    Section 3 was repealed, as from 25 November 1968, by section 17 Ministry of Transport Act 1968 (1968 No 39)

4 Commissioner of Transport and other officers
  • [Repealed]

    Section 4 was repealed, as from 25 November 1968, by section 17 Ministry of Transport Act 1968 (1968 No 39).

5 Inquiries for purposes of transport co-ordination
  • [Repealed]

    The expression Government Superannuation Fund Act 1956 was substituted for the expression Superannuation Act 1956 as from 18 April 1974, pursuant to section 3(3) Government Superannuation Fund Amendment Act 1976 (1976 No 30).

    Part 1 (section 5) was repealed, as from 1 March 1999, by section 214(1) Land Transport Act 1998 (1998 No 110).

6 Appointment of traffic officers
  • [Repealed]

    Section 6, which was in Part 2, was repealed, as from 30 April 1986, by section 58(1) Transport (Vehicle and Driver Registration and Licensing) Act 1986 (1986 No 6).

    A new section 6 was inserted, as from 1 August 1987, by section 3 Transport Amendment Act 1987 (1987 No 96).

    Section 6 was substituted, as from 1 July 1992, by section 3 Transport Amendment Act (No 2) 1992 (1992 No 67), and new appointment procedures put in place.

    Section 6 was repealed, as from 1 March 1999, by section 214(1) Land Transport Act 1998 (1998 No 110).

7 Appointment of parking wardens
  • (1) Any local authority may appoint any person to hold the office of parking warden.

    (2) Every person who holds the office of parking warden at the commencement of this section is hereby deemed to have been appointed under the authority of subsection (1) of this section.

    (3) A parking warden may exercise the functions, duties, and powers of a parking warden conferred or imposed by or under this or any other Act only within the district or region of the local authority that appointed the parking warden.

    (4) Every local authority that appoints any person under this section shall be liable for the actions of that person as a parking warden in all respects as if that person were an officer or employee of the local authority (whether or not that is the case) and as if any directions given or control exercised by any other person over the parking warden in that capacity were directions given or control exercised by the local authority.

    (5) [Repealed]

    Subsection (3) of the original section 7, which was in Part 2, was repealed, as from 1 July 1966, by section 4(1) Transport Amendment Act (No 2) 1965 (1965 No 128).

    Subsection (4) of the original section 7, which was in Part 2, was amended, as from 29 October 1965, by section 4(2) Transport Amendment Act (No 2) 1965 (1965 No 128), by omitting the words an agricultural tractor, and substituting the words a motor vehicle.

    Subsection (4A) of the original section 7, which was in Part 2, was inserted, as from by 24 October 1969, by section 6 Transport Amendment Act (No 2) 1969 (1969 No 137).

    Subsection (4B) of the original section 7, which was in Part 2, was inserted, as from 2 December 1983, by section 22 Transport Amendment Act (No 3) 1983 (1983 No 35).

    Subsection (4C) of the original section 7, which was in Part 2, was inserted, as from 3 April 1985, by section 2(2) Transport Amendment Act (No 2) 1985 (1985 No 76)

    Section 7, which was in Part 2, was repealed, as from 30 April 1986, by section 58(1) Transport (Vehicle and Driver Registration and Licensing) Act 1986 (1986 No 6).

    A new section 7 was inserted, as from 1 August 1987, by section 3 Transport Amendment Act 1987 (1987 No 96).

    Subsection (3) was amended, as from 1 July 2003, by section 262 Local Government Act 2002 (2002 No 84) by inserting the words or region after the word district. See sections 273 to 314 of that Act as to the savings and transitional provisions.

    Subsection (5) was repealed, as from 1 November 1987, by section 6(2)(a) Transport Amendment Act 1987 (1987 No 96).

Part 2
Registration and licensing of motor vehicles

[Repealed]

  • Part 2 (comprising sections 8 to 24), was repealed, as from 30 April 1986, by section 58(1) Transport (Vehicle and Driver Registration and Licensing) Act 1986 (1986 No 6).

8 Registrar of Motor Vehicles, and Deputy Registrars
  • [Repealed]

    Part 2 (comprising sections 8 to 24), was repealed, as from 30 April 1986, by section 58(1) Transport (Vehicle and Driver Registration and Licensing) Act 1986 (1986 No 6).

9 Applications for registration
  • [Repealed]

    Subsection (1) was substituted, and subsection (1A) was inserted, as from 1 April 1985, by section 2(1) Transport Amendment Act 1985 (1985 No 50).

    Subsection (2) was substituted, as from 1 July 1967, by section 2(1) of the Transport Amendment Act 1967 (1967 No 1).

    Subsection (3) was repealed, as from 1 July 1966, by section 5 Transport Amendment Act (No 2) 1965 (1965 No 128).

    Subsections (5) and (6) were repealed, as from 1 April 1985, by section 2(2) Transport Amendment Act 1985 (1985 No 50). See section 1(2) of that Act.

    Subsection (8) was repealed, as from 29 October 1974, by section 31(2) of the Transport Amendment Act 1974 (1974 No 61).

    Part 2 (comprising sections 8 to 24), was repealed, as from 30 April 1986, by section 58(1) Transport (Vehicle and Driver Registration and Licensing) Act 1986 (1986 No 6).

10 Issue of registration certificate and plates
  • [Repealed]

    Part 2 (comprising sections 8 to 24), was repealed, as from 30 April 1986, by section 58(1) Transport (Vehicle and Driver Registration and Licensing) Act 1986 (1986 No 6).

11 Annual licences
  • [Repealed]

    In subsection (1) the proviso was added, as from 4 December 1964, by section 3 Transport Amendment Act 1964 (1964 No 126).

    Subsection (4) was inserted, as from 1 April 1974, by section 23 Transport Amendment Act 1972 (1972 No 129). This version was substituted before it could come into force.

    Subsection (4) was substituted, as from 16 November 1973, by section 8(2) Transport Amendment Act 1973 (1973 No 35).

    Subsection (4) was amended, as from 1 April 1980, by section 3(1) of the Transport Amendment Act 1980 (1980 No) by inserting the words (if any).

    Part 2 (comprising sections 8 to 24), was repealed, as from 30 April 1986, by section 58(1) Transport (Vehicle and Driver Registration and Licensing) Act 1986 (1986 No 6).

12 Application for licence for motor vehicle
  • [Repealed]

    Subsection (1) was substituted, as from 1 April 1985, by section 3 Transport Amendment Act 1985 (1985 No 50). See section 1(2) of that Act.

    Subsection (2) was amended, as from 1 July 1967, by section 2(2) Transport Amendment Act 1967 (1967 No 1), by inserting after the words prescribed in, the words Part 2 of.

    Subsection (2) was amended, as from 1 April 1974, by section 23 Transport Amendment Act 1972 (1972 No 129) by inserting the words and the appropriate accident compensation levy. See section 1(4) of that Act.

    Subsections (2) and (3) were amended, as from 16 November 1973, by section 8(1) Transport Amendment Act 1973 (1973 No 35) by inserting after accident compensation levy the words and indemnity surcharge under Part 6A of this Act.

    Subsections (2) and (3) were amended, as from 1 April 1980, by section 3(1) Transport Amendment Act 1980 (1980 No 96) by inserting the words (if any).

    Subsection (3) was amended, as from 1 April 1974, by section 23 Transport Amendment Act 1972 (1972 No 129) by inserting after this section the words and the accident compensation levy. See section 1(4) of that Act.

    Part 2 (comprising sections 8 to 24), was repealed, as from 30 April 1986, by section 58(1) Transport (Vehicle and Driver Registration and Licensing) Act 1986 (1986 No 6).

13 Exemption from registration and licence fees
  • [Repealed]

    Section 13 was substituted, as from 1 July 1966, by section 6 Transport Amendment Act 1965 (1965 No 128).

    Section 13 was substituted, as from 4 April 1985, by section 3(1) Transport Amendment Act (No 2) 1985 (1985 No 76).

    Part 2 (comprising sections 8 to 24), was repealed, as from 30 April 1986, by section 58(1) Transport (Vehicle and Driver Registration and Licensing) Act 1986 (1986 No 6).

14 Issue of licences for motor vehicles
  • [Repealed]

    Part 2 (comprising sections 8 to 24), was repealed, as from 30 April 1986, by section 58(1) Transport (Vehicle and Driver Registration and Licensing) Act 1986 (1986 No 6).

14A Form of registration plates and licences
  • [Repealed]

    Sections 14A to 14C were inserted, as from 4 April 1985, by section 4(1) of the Transport Amendment Act (No 2) 1985.

    Part 2 (comprising sections 8 to 24), was repealed, as from 30 April 1986, by section 58(1) Transport (Vehicle and Driver Registration and Licensing) Act 1986 (1986 No 6).

14B Duplicate certificates of registration and substitute registration plates and licences
  • [Repealed]

    Sections 14A to 14C were inserted, as from 4 April 1985, by section 4(1) of the Transport Amendment Act (No 2) 1985.

    Part 2 (comprising sections 8 to 24), was repealed, as from 30 April 1986, by section 58(1) Transport (Vehicle and Driver Registration and Licensing) Act 1986 (1986 No 6).

14C Change of use of motor vehicle
  • [Repealed]

    Sections 14A to 14C were inserted, as from 4 April 1985, by section 4(1) of the Transport Amendment Act (No 2) 1985.

    Part 2 (comprising sections 8 to 24), was repealed, as from 30 April 1986, by section 58(1) Transport (Vehicle and Driver Registration and Licensing) Act 1986 (1986 No 6).

15 Unauthorised, deceptive, or obscured registration plates or unauthorised licence
  • [Repealed]

    Paragraph (a) was substituted by paragraphs (a) and (aa), as from 4 April 1985, by section 5 Transport Amendment Act (No 2) 1985 (1985 No 76).

    Paragraph (c) was amended, as from 29 October 1974, by section 3 Transport Amendment Act 1974 (1974 No 61) by inserting the word or

    Paragraphs (d) and (e) were inserted, as from 29 October 1974, by section 3 Transport Amendment Act 1974 (1974 No 61).

    Part 2 (comprising sections 8 to 24), was repealed, as from 30 April 1986, by section 58(1) Transport (Vehicle and Driver Registration and Licensing) Act 1986 (1986 No 6).

Registers of motor vehicles

16 Registers of motor vehicles
  • [Repealed]

    Part 2 (comprising sections 8 to 24), was repealed, as from 30 April 1986, by section 58(1) Transport (Vehicle and Driver Registration and Licensing) Act 1986 (1986 No 6).

17 Details of registers to be supplied to applicants
  • [Repealed]

    Subsection (1) was amended, as from 1 April 1981, by section 4(a) Transport Amendment Act 1980 (1980 No 96) by substituting the words the prescribed amount for the words 20 cents (as substituted by section 7 of the Decimal Currency Act 1964).

    Subsections (2) and (3) were substituted, as from 2 December 1983, by section 23(1) Transport Amendment Act (No 3) 1983 (1983 No 35).

    Subsection (4) was inserted, as from 20 October 1966, by section 4 Transport Amendment Act 1966 (1966 No 107).

    Part 2 (comprising sections 8 to 24), was repealed, as from 30 April 1986, by section 58(1) Transport (Vehicle and Driver Registration and Licensing) Act 1986 (1986 No 6).

18 Notification of change of ownership of motor vehicle
  • [Repealed]

    Subsection (1) was substituted, as from 1 April 1985, by section 4(1) Transport Amendment Act 1985 (1985 No 50). See section 1(2) of that Act.

    Subsection (2)(d) was amended, as from 4 April 1985, by section 6 Transport Amendment Act (No 2) 1985 (1985 No 76) by omitting the expression section 76 of this Act and substituting the expression section 356 of the Local Government Act 1974.

    Subsection (2A) was inserted, as from 1 April 1985, by section 4(2) Transport Amendment Act 1985 (1985 No 50). See section 1(2) of that Act.

    Subsection (6)(b) was substituted, as from 1 April 1985, by section 4(3) Transport Amendment Act 1985 (1985 No 50). See section 1(2) of that Act.

    Subsection (7) was amended, as from 1 January 1968, by section 6(1) of the Transport Amendment Act 1968, by inserting the words The person selling or otherwise disposing of the motor vehicle shall be primarily liable for the payment of that fee.

    Subsection (7) was amended, as from 22 May 1982, by section 2 Transport Amendment Act 1982 (1982 No 4) by omitting the words A fee of $10 and substituting the words The appropriate fee prescribed in Part 3 of Schedule 1 to this Act.

    Subsection (8A) was inserted, as from 2 December 1983, by section 24 Transport Amendment Act (No 3) 1983 (1983 No 35).

    Subsection (9) was repealed, as from 1 April 1985, by section 5(2) of the Transport Amendment Act 1985 (1985 No 50).

    Subsection (10) was repealed, as from 1 January 1969, by section 6(2) Transport Amendment Act 1968 (1968 No 148).

    Subsection (11) (as amended by section 7 of the Decimal Currency Act 1964) was amended, as from 17 December 1980, by section 5 of the Transport Amendment Act 1980 (1980 No 96) by omitting the words $20, and, in the case of failure to comply with any such provision, to a further fine not exceeding $20 for every day on which the vehicle has been used while that failure continues, and substituting the expression $500.

    Part 2 (comprising sections 8 to 24), was repealed, as from 30 April 1986, by section 58(1) Transport (Vehicle and Driver Registration and Licensing) Act 1986 (1986 No 6).

18A Offences relating to registration, annual licensing, and change of ownership of motor vehicle
  • [Repealed]

    Section 18A was inserted, as from 1 April 1985, by section 5(1) Transport Amendment Act 1985 (1985 No 50). See section 1(2) of that Act.

    Subsection (1) was amended, as from 4 April 1985, by section 7 Transport Amendment Act (No 2) 1985 (1985 No 76) by inserting paragraph (ba).

    Part 2 (comprising sections 8 to 24), was repealed, as from 30 April 1986, by section 58(1) Transport (Vehicle and Driver Registration and Licensing) Act 1986 (1986 No 6).

19 Cancellation of registration on destruction or permanent removal of motor vehicle
  • [Repealed]

    Subsection (2) was amended, as from 29 October 1965, by section 3(a) Transport Amendment Act 1965 (1965 No 127), by omitting the words by reason of accident.

    Subsection (2) was amended, as from 29 October 1965, by section 3(b) Transport Amendment Act 1965 (1965 No 127), by omitting the words date of the accident, and substituting the words date of destruction of the motor vehicle or of its becoming wholly unfit for further use.

    Subsection (2) was amended, as from 29 October 1974, by section 4 Transport Amendment Act 1974 (1974 No 61), by omitting the words National Roads Fund and substituting the words Consolidated Revenue Account.

    Subsection (2) was amended, as from 1 April 1978, by section 114(5) Public Finance Act 1977 (1977 No 65), by omitting the words Consolidated Revenue Account and substituting the words Consolidated Account.

    Part 2 (comprising sections 8 to 24), was repealed, as from 30 April 1986, by section 58(1) Transport (Vehicle and Driver Registration and Licensing) Act 1986 (1986 No 6).

20 Cancellation of registration for not renewing licence for motor vehicle
  • [Repealed]

    Subsection (3) was inserted, as from 20 October 1972, by section 3 Transport Amendment Act 1972 (1972 No 129).

    Part 2 (comprising sections 8 to 24), was repealed, as from 30 April 1986, by section 58(1) Transport (Vehicle and Driver Registration and Licensing) Act 1986 (1986 No 6).

21 No licence for deregistered vehicle until reregistered
  • [Repealed]

    Part 2 (comprising sections 8 to 24), was repealed, as from 30 April 1986, by section 58(1) Transport (Vehicle and Driver Registration and Licensing) Act 1986 (1986 No 6).

Special provisions as to dealers in motor vehicles

22 Trade plates and licences
  • [Repealed]

    Section 22 was substituted, as from 19 November 1971, by section 5(1) Transport Amendment Act 1971 (1971 No 57).

    Subsection (4) was amended, as from 1 April 1974, by section 23 Transport Amendment Act 1972 (1972 No 129) by omitting the words and subject to the provisions of section 81 of this Act

    Subsection (4) was amended, as from 1 April 1974, by section 23 Transport Amendment Act 1972 (1972 No 129) by inserting after prescribed fee (if any) the words and the appropriate accident compensation levy.

    Subsection (4) was amended, as from 16 November 1973, by section 8(1) Transport Amendment Act 1973 (1973 No 35), by inserting after the words accident compensation levy, the words and indemnity surcharge under Part 6A of this Act.

    Subsection (4) was amended, as from 1 April 1980, by section 3(1) Transport Amendment Act 1980 (1980 No 96), by inserting after the words indemnity surcharge under Part 6A of this Act, the words (if any).

    Part 2 (comprising sections 8 to 24), was repealed, as from 30 April 1986, by section 58(1) Transport (Vehicle and Driver Registration and Licensing) Act 1986 (1986 No 6).

23 Application of fees and charges
  • [Repealed]

    Subsection (1) was amended, as from 29 October 1974, by section 4 Transport Amendment Act 1974 (1974 No 61), by omitting the words National Roads Fund and substituting the words Consolidated Revenue Account.

    Subsection (1) was amended, as from 1 April 1978, by section 114(5) Public Finance Act 1977 (1977 No 65), by omitting the words Consolidated Revenue Account and substituting the words Consolidated Account.

    Part 2 (comprising sections 8 to 24), was repealed, as from 30 April 1986, by section 58(1) Transport (Vehicle and Driver Registration and Licensing) Act 1986 (1986 No 6).

24 Regulations as to registration and licensing
  • [Repealed]

    Paragraph (d) was repealed, as from 3 April 1985, by section 4(2) Transport Amendment Act (No 2) 1985 (1985 No 76).

    Paragraph (f) was amended, as from 19 November 1971, by section 6(1) Transport Amendment Act 1971 (1971 No 57) by inserting after the word Prescribing the words or authorising the Secretary to prescribe.

    Paragraph (h) was inserted, as from 19 November 1971, by section 6(2) Transport Amendment Act 1971 (1971 No 57).

    Part 2 (comprising sections 8 to 24), was repealed, as from 30 April 1986, by section 58(1) Transport (Vehicle and Driver Registration and Licensing) Act 1986 (1986 No 6).

Part 3
Licensing of drivers of motor vehicles

[Repealed]

  • Part 3 (comprising sections 25 to 29F), was repealed, as from 30 April 1986, by section 58(1) Transport (Vehicle and Driver Registration and Licensing) Act 1986 (1986 No 6).

25 Unlicensed persons not to drive motor vehicles
  • [Repealed]

    Subsection (2) was substituted, as from 4 December 1964, by section 4 Transport Amendment Act 1964 (1964 No 126).

    Part 3 (comprising sections 25 to 29F), was repealed, as from 30 April 1986, by section 58(1) Transport (Vehicle and Driver Registration and Licensing) Act 1986 (1986 No 6).

    Subsection (3)(b) was amended, as from 3 April 1985, by section 8 of the Transport Amendment Act (No 2) 1985 (1985 No 76) by inserting, after the words in accordance with, the words or while being tested for.

    Part 3 (comprising sections 25 to 29F), was repealed, as from 30 April 1986, by section 58(1) Transport (Vehicle and Driver Registration and Licensing) Act 1986 (1986 No 6).

26 Issue of drivers' licences and extensions of licences
  • [Repealed]

    Subsection (9) was amended, as from 1 February 1965, by section 5 Transport Amendment Act 1964 (1964 No 126), by inserting before Where the words Unless otherwise provided by regulations under this Act.

    Subsection (11A) was inserted, as from 20 October 1966, by section 5 Transport Amendment Act 1966 (1966 No 107).

    Part 3 (comprising sections 25 to 29F), was repealed, as from 30 April 1986, by section 58(1) Transport (Vehicle and Driver Registration and Licensing) Act 1986 (1986 No 6).

    Part 3 (comprising sections 25 to 29F), was repealed, as from 30 April 1986, by section 58(1) Transport (Vehicle and Driver Registration and Licensing) Act 1986 (1986 No 6).

26A Issue of drivers' licences by Secretary for Transport
  • [Repealed]

    Section 26A was inserted, as from 1 February 1965, by section 6 Transport Amendment Act 1964 (1964 No 126).

    The words Secretary for Transport were substituted for the word Commissioner, as from 25 November 1968, pursuant to section 16(2) Ministry of Transport Act 1968 (1968 No 39).

    Part 3, comprising sections 25 to 29, was substituted, as from 1 December 1983, by section 3(3) Transport Amendment Act (No 3) 1983 (1983 No 35).

    Part 3, comprising sections 25 to 29F, was repealed, as from 30 April 1986, by section 58(1) Transport (Vehicle and Driver Registration and Licensing) Act 1986 (1986 No 6).

27 Inspection of drivers' licences
  • [Repealed]

    Part 3, comprising sections 25 to 29, was substituted, as from 1 December 1983, by section 3(3) Transport Amendment Act (No 3) 1983 (1983 No 35).

    Part 3, comprising sections 25 to 29F, was repealed, as from 30 April 1986, by section 58(1) Transport (Vehicle and Driver Registration and Licensing) Act 1986 (1986 No 6).

28 Secretary may appoint local authority or other person as agent
  • [Repealed]

    Subsection (4) was inserted, as from 20 October 1966, by section 6 Transport Amendment Act 1966 (1966 No 107).

    Part 3, comprising sections 25 to 29, was substituted, as from 1 December 1983, by section 3(3) Transport Amendment Act (No 3) 1983 (1983 No 35).

    Part 3, comprising sections 25 to 29F, was repealed, as from 30 April 1986, by section 58(1) Transport (Vehicle and Driver Registration and Licensing) Act 1986 (1986 No 6).

28A
  • [Repealed]

    Section 28A was to be inserted, on a date to be appointed by the Governor-General by Order in Council, by section 7 Transport Amendment Act 1966 (1966 No 107).

    Part 3, comprising sections 25 to 29, was substituted, as from 1 December 1983, by section 3(3) Transport Amendment Act (No 3) 1983 (1983 No 35).

    Part 3, comprising sections 25 to 29F, was repealed, as from 30 April 1986, by section 58(1) Transport (Vehicle and Driver Registration and Licensing) Act 1986 (1986 No 6). This section was repealed without ever having come into force.

28B Professional driving instructors
  • [Repealed]

    Section 28B was inserted, as from 1 July 1967, by section 8 Transport Amendment Act 1966 (1966 No 107).

    Part 3, comprising sections 25 to 29, was substituted, as from 1 December 1983, by section 3(3) Transport Amendment Act (No 3) 1983 (1983 No 35).

    Part 3, comprising sections 25 to 29F, was repealed, as from 30 April 1986, by section 58(1) Transport (Vehicle and Driver Registration and Licensing) Act 1986 (1986 No 6).

29 Licences issued by local authorities deemed to have been issued by Secretary
  • [Repealed]

    Paragraph (bb) was inserted, as from 29 October 1965, by section 4 Transport Amendment Act 1965 (1965 No 127).

    Paragraph (i) was amended, as from 1 July 1967, by section 8(2) Transport Amendment Act 1966 (1966 No 107), by inserting after may be issued or revoked the words subject to a right of appeal to a Magistrate, whose decision shall be final, against any decision of the Commissioner refusing to issue such a certificate or revoking such a certificate.

    Part 3, comprising sections 25 to 29, was substituted, as from 1 December 1983, by section 3(3) Transport Amendment Act (No 3) 1983 (1983 No 35).

    Part 3, comprising sections 25 to 29F, was repealed, as from 30 April 1986, by section 58(1) Transport (Vehicle and Driver Registration and Licensing) Act 1986 (1986 No 6).

29A Details of licences issued by issuing authorities to be forwarded to Secretary
  • [Repealed]

    Section 29A was inserted, as from 1 December 1983, by section 3(3) Transport Amendment Act (No 3) 1983 (1983 No 35).

    Part 3, comprising sections 25 to 29F, was repealed, as from 30 April 1986, by section 58(1) Transport (Vehicle and Driver Registration and Licensing) Act 1986 (1986 No 6).

29B Issue of drivers' licences and extensions of licences
  • [Repealed]

    Section 29B was inserted, as from 1 December 1983, by section 3(3) Transport Amendment Act (No 3) 1983 (1983 No 35).

    Part 3, comprising sections 25 to 29F, was repealed, as from 30 April 1986, by section 58(1) Transport (Vehicle and Driver Registration and Licensing) Act 1986 (1986 No 6).

29C National register of driver's licences
  • [Repealed]

    Section 29C was inserted, as from 1 December 1983, by section 3(3) Transport Amendment Act (No 3) 1983 (1983 No 35).

    Subsection (1)(i) was amended, as from 3 April 1985, by section 9 of the Transport Amendment Act (No 2) 1985 (1985 No 76), by inserting after under the words section 30C or.

    Part 3, comprising sections 25 to 29F, was repealed, as from 30 April 1986, by section 58(1) Transport (Vehicle and Driver Registration and Licensing) Act 1986 (1986 No 6).

29D Licences of mentally disordered persons to be suspended
  • [Repealed]

    Section 29D was inserted, as from 1 December 1983, by section 3(3) Transport Amendment Act (No 3) 1983 (1983 No 35).

    Part 3, comprising sections 25 to 29F, was repealed, as from 30 April 1986, by section 58(1) Transport (Vehicle and Driver Registration and Licensing) Act 1986 (1986 No 6).

29E Professional driving instructors
  • [Repealed]

    Section 29E was inserted, as from 1 December 1983, by section 3(3) Transport Amendment Act (No 3) 1983 (1983 No 35).

    Part 3, comprising sections 25 to 29F, was repealed, as from 30 April 1986, by section 58(1) Transport (Vehicle and Driver Registration and Licensing) Act 1986 (1986 No 6).

29F Regulations as to motor drivers' licences and driving instructors
  • [Repealed]

    Section 29F was inserted, as from 1 December 1983, by section 3(3) Transport Amendment Act (No 3) 1983 (1983 No 35).

    Subsection (1)(a) was amended, as from 3 April 1985, by section 10(1) Transport Amendment Act (No 2) 1985 (1985 No 76) by inserting, after such examinations and tests, the words , or, in the case of applicants for renewal of licences who have attained an age specified in the regulations, being not less than the age of 70 years, providing that the applicant shall pass the test if the person conducting the test is satisfied that the driving ability of the applicant is a fit and proper person to hold the licence.

    Subsection (1)(d) was amended, as from 3 April 1985, by section 10(2) Transport Amendment Act (No 2) 1985 (1985 No 76) by inserting the words , and prescribing circumstances in which the Secretary may allow persons who do not meet the age requirements to apply for any class of licence which, if granted, shall be subject to such conditions as the Secretary thinks fit.

    Subsection (1)(ea) was inserted, as from 3 April 1985, by section 10(3) Transport Amendment Act (No 2) 1985 (1985 No 76).

    Subsection (1)(fa) was inserted, as from 3 April 1985, by section 10(4) Transport Amendment Act (No 2) 1985 (1985 No 76).

    Subsection (1)(m) was amended, as from 3 April 1985, by section 10(5) of the Transport Amendment Act (No 2) 1985 (1985 No 76) by omitting practical, theoretical, or medical, and substituting the words practical or theoretical.

    Subsection (1)(n) was substituted, as from 3 April 1985, by section 10(6) of the Transport Amendment Act (No 2) 1985 (1985 No 76).

    Subsection (1)(q) was amended, as from 3 April 1985, by section 10(7) of the Transport Amendment Act (No 2) 1985 (1985 No 76) by inserting after issued the words , held, suspended,.

    Subsection (1)(ra) was inserted, as from 3 April 1985, by section 10(8) of the Transport Amendment Act (No 2) 1985 (1985 No 76).

    Subsection (2) was inserted, as from 3 April 1985, by section 10(9) of the Transport Amendment Act (No 2) 1985 (1985 No 76).

    Part 3, comprising sections 25 to 29F, was repealed, as from 30 April 1986, by section 58(1) Transport (Vehicle and Driver Registration and Licensing) Act 1986 (1986 No 6).

Part 4
Penalties for offences, and disqualification of drivers

  • Part 4, comprising sections 30 to 51, was substituted, as from 1 February 1971 (excepting sections 42 and 43 which came into force on 1 July 1971), by section 2 Transport Amendment Act 1970 (1970 No 136). The title of this Part was previously DISQUALIFICATION OF DRIVERS AND ENDORSEMENT OF DRIVERS' LICENCES

30 General penalties
  • (1) Every person who commits an offence against this Act or against any regulations made under this Act for which no penalty is provided elsewhere than in this subsection is liable to a fine not exceeding $1,000, and, if in the opinion of the Court the offence relates to road safety, the Court may order the person to be disqualified from holding or obtaining a driver's licence for such period as the Court thinks fit.

    (2) [Repealed]

    (3) On conviction of any person for an offence against or in respect of—

    • (b) [Repealed]

    • (c) Any bylaws made under section 72 of this Act,—

    the Court may, if in its opinion the offence relates to road safety, order the person to be disqualified from holding or obtaining a driver licence for such period as the Court thinks fit, whether or not the Court imposes any other penalty for the offence.

    Section 30 was amended, as from 4 December 1964, by section 9(2) Transport Amendment Act 1964 (1964 No 126) by omitting the words from the date of the conviction.

    Part 4, comprising sections 30 to 51, was substituted, as from 1 February 1971 (excepting sections 42 and 43 which came into force on 1 July 1971), by section 2 Transport Amendment Act 1970 (1970 No 136).

    Section 30 was substituted, as from 11 December 1988, by section 3 Transport Amendment Act (No 2) 1988 (1988 No 170).

    Subsection (1) was amended, as from 22 June 2005, by section 92 Land Transport Amendment Act 2005 (2005 No 77) by substituting the expression $1,000 for the expression $500. See sections 96 to 100 of that Act as to the transitional and savings provisions.

    Subsection (2) was repealed, as from 1 November 1989, by section 3 Transport Amendment Act 1989 (1989 No 77).

    Subsection (3) was amended, as from 1 March 1999, by section 215(1) Land Transport Act 1998 (1998 No 110) by substituting paragraph (b), by inserting the words or in respect of, and by substituting the words driver licence for the words driver's licence.

    Subsection (3)(b) was repealed, as from 20 July 2005, by section 103(3) Railways Act 2005 (2005 No 37). See sections 105 to 111 of that Act as to the transitional provisions.

30AA Specific penalties
  • [Repealed]

    Sections 30AA to 30AC were inserted, as from 11 December 1988, by section 3 Transport Amendment Act (No 2) 1988 (1988 No 170).

    Subsection (2A) was inserted, as from 1 April 1993, by section 3 Transport Amendment Act (No 3) 1992 (1992 No 108).

    Subsection (2A) was amended, as from 20 August 1993, by section 35(1) Land Transport Act 1993 (1993 No 88) by substituting the expression subsections (1) and (2) for the expression subsections (1), (2) and (4).

    Subsection (2A)(a) was repealed, as from 20 August 1993, by section 35(1) Land Transport Act 1993 (1993 No 88).

    Subsection (2B) was inserted, as from 1 April 1993, by section 35(1) Land Transport Act 1993 (1993 No 88).

    Subsection (4) was substituted, as from 1 April 1993, by section 3 Transport Amendment Act (No 3) 1992 (1992 No 108).

    Subsection (7) was amended, as from 1 April 1993, by section 35(1) Land Transport Act 1993 (1993 No 88) by omitting the expression or section 67.

    Subsection (7) was amended, as from 1 April 1993, by section 35(1) Land Transport Act 1993 (1993 No 88) by substituting the word relates for the word relate.

    Subsection (8) was inserted, as from 1 April 1993, by section 3 Transport Amendment Act (No 3) 1992 (1992 No 108).

    Sections 30AA to 41 were repealed, as from 1 March 1999, by section 214(1) Land Transport Act 1998 (1998 No 110).

30AB Penalties for alcohol and drug related traffic offences
  • [Repealed]

    Sections 30AA to 30AC were inserted, as from 11 December 1988, by section 3 Transport Amendment Act (No 2) 1988 (1988 No 170).

    Subsection (1A) was inserted, as from 1 April 1993, by section 4(1) Transport Amendment Act (No 3) 1992 (1992 No 108).

    Subsection (2)(a) was inserted, as from 1 April 1993, by section 4(2) Transport Amendment Act (No 3) 1992 (1992 No 108).

    Subsection (2A) was inserted, as from 1 April 1993, by section 4(3) Transport Amendment Act (No 3) 1992 (1992 No 108).

    Subsection (4) was amended, as from 1 April 1993, by section 4(4) Transport Amendment Act (No 3) 1992 (1992 No 108) by substituting the expression 58(1)(c), (e), or (g) for the expression 58(1)(c), (d), or (e).

    Sections 30AA to 41 were repealed, as from 1 March 1999, by section 214(1) Land Transport Act 1998 (1998 No 110).

30AC Community-based sentence may be substituted for disqualification directed under this Part in certain circumstances
  • [Repealed]

    Sections 30AA to 30AC were inserted, as from 11 December 1988, by section 3 Transport Amendment Act (No 2) 1988 (1988 No 170).

    Sections 30AA to 41 were repealed, as from 1 March 1999, by section 214(1) Land Transport Act 1998 (1998 No 110).

30AD Further penalty in certain cases where person driving vehicle used in transport service
  • [Repealed]

    Section 30AD was inserted, as from 1 October 1989, by section 4 Transport Amendment Act 1989 (1989 No 77).

    Sections 30AA to 41 were repealed, as from 1 March 1999, by section 214(1) Land Transport Act 1998 (1998 No 110).

30A Court orders relating to persons convicted twice or more of alcohol or drug related traffic offences
  • [Repealed]

    Part 4, comprising sections 30 to 51, was substituted, as from 1 February 1971 (excepting sections 42 and 43 which came into force on 1 July 1971), by section 2 Transport Amendment Act 1970 (1970 No 136).

    Sections 30A to 30D were inserted, as from 1 December 1983, by section 6 Transport Amendment Act (No 3) 1983 (1983 No 35).

    Subsections (1), (2), and (3) were substituted, as from 11 December 1988, by section 4 Transport Amendment (No 2) Act 1988 (1988 No 170)

    Sections 30AA to 41 were repealed, as from 1 March 1999, by section 214(1) Land Transport Act 1998 (1998 No 110).

30B Assessment Centre fee
  • [Repealed]

    Part 4, comprising sections 30 to 51, was substituted, as from 1 February 1971 (excepting sections 42 and 43 which came into force on 1 July 1971), by section 2 Transport Amendment Act 1970 (1970 No 136).

    Sections 30A to 30D were inserted, as from 1 December 1983, by section 6 Transport Amendment Act (No 3) 1983 (1983 No 35).

    Subsection (3) was amended, as from 20 August 1993, by section 35(1) Land Transport Act 1983 (1993 No 88) by substituting the word Authority for the words Minister of Transport.

    Sections 30AA to 41 were repealed, as from 1 March 1999, by section 214(1) Land Transport Act 1998 (1998 No 110).

30C Removal of disqualification by Director
  • [Repealed]

    Part 4, comprising sections 30 to 51, was substituted, as from 1 February 1971 (excepting sections 42 and 43 which came into force on 1 July 1971), by section 2 Transport Amendment Act 1970 (1970 No 136).

    Sections 30A to 30D were inserted, as from 1 December 1983, by section 6 Transport Amendment Act (No 3) 1983 (1983 No 35).

    Sections 30AA to 41 were repealed, as from 1 March 1999, by section 214(1) Land Transport Act 1998 (1998 No 110).

30D Appeal against refusal of Director to remove disqualification
  • [Repealed]

    Part 4, comprising sections 30 to 51, was substituted, as from 1 February 1971 (excepting sections 42 and 43 which came into force on 1 July 1971), by section 2 Transport Amendment Act 1970 (1970 No 136).

    Sections 30A to 30D were inserted, as from 1 December 1983, by section 6 Transport Amendment Act (No 3) 1983 (1983 No 35).

    Sections 30AA to 41 were repealed, as from 1 March 1999, by section 214(1) Land Transport Act 1998 (1998 No 110).

31 Application of disqualification provisions where offender already disqualified
  • [Repealed]

    Part 4, comprising sections 30 to 51, was substituted, as from 1 February 1971 (excepting sections 42 and 43 which came into force on 1 July 1971), by section 2 Transport Amendment Act 1970 (1970 No 136).

    Section 31 was substituted, as from 2 February 1971, by section 2 Transport Amendment Act 1970 (1970 No 136).

    Section 31 was substituted, as from 3 November 1983, by section 7 Transport Amendment Act (No 3) 1983.

    Section 31 was substituted, as from 11 December 1988, by section 5 Transport Amendment Act (No 2) 1988 (1988 No 170).

    Sections 30AA to 41 were repealed, as from 1 March 1999, by section 214(1) Land Transport Act 1998 (1998 No 110).

32 Disqualification on application by local authority or insurance company or Commissioner of Police or Director
  • [Repealed]

    Part 4, comprising sections 30 to 51, was substituted, as from 1 February 1971 (excepting sections 42 and 43 which came into force on 1 July 1971), by section 2 Transport Amendment Act 1970 (1970 No 136).

    Subsection 2(a) was amended, as from 1 December 1983, by section 4(4) Transport Amendment Act (No 3) 1983 (1983 No 35) by omitting the words , whether or not the licence with respect to which the application is made has been issued by that authority.

    Subsection 2(c) was substituted, as from 18 October 1978, by section 4 Transport Amendment Act (No 3) 1978 (1978 No 46).

    The words District Court and District Court Judge were substituted for the words Magistrate and Magistrates' Court respectively, as from 1 April 1980, pursuant to section 18(2) District Courts Amendment Act 1979 (1979 No 125).

    Sections 30AA to 41 were repealed, as from 1 March 1999, by section 214(1) Land Transport Act 1998 (1998 No 110).

33 Effect of disqualification
  • [Repealed]

    Part 4, comprising sections 30 to 51, was substituted, as from 1 February 1971 (excepting sections 42 and 43 which came into force on 1 July 1971), by section 2 Transport Amendment Act 1970 (1970 No 136).

    Subsection (2) was substituted, as from 3 April 1985, by section 11 Transport Amendment Act (No 2) 1985 (1985 No 76).

    Subsection (3) was amended, as from 1 December 1983, by section 4(5) Transport Amendment Act (No 3) 1983 (1983 No 35) by substituting the word Secretary for the words local authority on behalf of which the tests were conducted.

    The word Director was substituted for the word Secretary, as from 20 August 1993, pursuant to section 35(1) Land Transport Act 1993 (1993 No 88).

    Sections 30AA to 41 were repealed, as from 1 March 1999, by section 214(1) Land Transport Act 1998 (1998 No 110).

34 Disqualified person not to apply for or obtain driver's licence while disqualified
  • [Repealed]

    Part 4, comprising sections 30 to 51, was substituted, as from 1 February 1971 (excepting sections 42 and 43 which came into force on 1 July 1971), by section 2 Transport Amendment Act 1970 (1970 No 136).

    Sections 30AA to 41 were repealed, as from 1 March 1999, by section 214(1) Land Transport Act 1998 (1998 No 110).

35 Driving while disqualified or contrary to the terms of a limited licence
  • [Repealed]

    Part 4, comprising sections 30 to 51, was substituted, as from 1 February 1971 (excepting sections 42 and 43 which came into force on 1 July 1971), by section 2 Transport Amendment Act 1970 (1970 No 136).

    Subsection (1A) was inserted, as from 1 April 1993, by section 5 Transport Amendment Act (No 3) 1992 (1992 No 108).

    Subsection (1A)(b)(i) was amended, as from 20 August 1993, pursuant to section 35(1) Land Transport Act 1993 (1993 No 88) by substituting the word Director for the word Secretary.

    Subsection (2) (relating to the first offence of driving while disqualified) was repealed, as from 11 December 1988, by section 3(2) Transport Amendment Act (No 2) 1988 (1988 No 170).

    Sections 30AA to 41 were repealed, as from 1 March 1999, by section 214(1) Land Transport Act 1998 (1998 No 110).

36 Commencement of period of disqualification
  • [Repealed]

    Section 36 was substituted, as from 4 December 1964, by section 9(1) Transport Amendment Act 1964 (1964 No 126)

    Part 4, comprising sections 30 to 51, was substituted, as from 1 February 1971 (excepting sections 42 and 43 which came into force on 1 July 1971), by section 2 Transport Amendment Act 1970 (1970 No 136).

    Sections 30AA to 41 were repealed, as from 1 March 1999, by section 214(1) Land Transport Act 1998 (1998 No 110).

37 Retention and custody of licence of disqualified driver
  • [Repealed]

    Part 4, comprising sections 30 to 51, was substituted, as from 1 February 1971 (excepting sections 42 and 43 which came into force on 1 July 1971), by section 2 Transport Amendment Act 1970 (1970 No 136).

    Subsection (1) was amended, as from 20 August 1993, by section 35(1) Land Transport Act 1993 (1993 No 88) by substituting the word Authority for the words Ministry of Transport.

    Subsection (2) was substituted, as from 1 December 1983, by section 4(6) Transport Amendment Act (No 3) 1983 (1983 No 35).

    Subsection (3) was repealed, as from 1 December 1983, by section 4(6) Transport Amendment Act (No 3) 1983) (1983 No 35).

    Sections 30AA to 41 were repealed, as from 1 March 1999, by section 214(1) Land Transport Act 1998 (1998 No 110).

38 Issue of limited licence to disqualified person
  • [Repealed]

    Part 4, comprising sections 30 to 51, was substituted, as from 1 February 1971 (excepting sections 42 and 43 which came into force on 1 July 1971), by section 2 Transport Amendment Act 1970 (1970 No 136).

    Subsection (1) was substituted, and subsection (1A) inserted, as from 1 December 1983, by section 9 Transport Amendment Act (No 3) 1983 (1983 No 35).

    Subsection (1) was amended, as from 1 August 1987, by section 24(2) Transport Amendment Act 1987 (1987 No 96) by omitting the words this Part of.

    Subsection (1) was amended, as from 1 November 1989, by section 5(1) Transport Amendment Act 1989 (1989 No 77) by inserting the words or subsection (1B).

    Subsection (1B) was inserted, as from 1 November 1989, by section 5(2) Transport Amendment Act 1989 (1989 No 77).

    Subsection (2) proviso was inserted, as from 29 October 1974, by section 8 Transport Amendment Act 1974 (1974 No 61).

    Subsection (2) was substituted, and subsection (2A) inserted, as from 18 October 1978, by section 5(1) Transport Amendment Act (No 3) 1978 (1978 No 46).

    Subsection (2) proviso (a)(ii) was amended, as from 1 October 1989, by section 5(3)(a) Transport Amendment Act 1989 (1989 No 77) by substituting the words subsections (1) to (4) of section 30AA or subsection (1) or subsection (2) of section 30AB for the words subsection (1), subsection (2A), or subsection (3) of section 30.

    Subsection (2) proviso (b) was substituted, as from 1 August 1987, by section 24(3) Transport Amendment Act 1987 (1987 No 96).

    Subsection (2) proviso (b) was amended, as from 1 October 1989, by section 5(3)(b) Transport Amendment Act 1989 (1989 No 77) by substituting the words subsections (1) to (4) of section 30AA or subsection (1) or subsection (2) of section 30AB for the words subsection (1) or subsection (2A), or subsection (3) of section 30.

    Subsection (2) proviso (c) was inserted, as from 1 April 1993, by section 6 Transport Amendment Act 1992 (1992 No 108).

    Subsection (3) was amended, as from 1 February 1971, by section 5 Transport Amendment Act (No 3) 1978 (1978 No 46) by substituting the words hardship which was alleged and proved and may specify in the order such other matters as the Court thinks fit for the words undue hardship which was alleged and proved.

    Subsection (6) was amended, as from 1 December 1986, by section 4(7) Transport Amendment Act (No 3) 1983 (1983 No 35) by substituting the words the Secretary for the words any local authority or the Secretary, as the case may require,.

    Subsection (7) was amended, as from 1 December 1986, by section 4(8) Transport Amendment Act (No 3) 1983 (1983 No 35) by substituting the words the Secretary for the words the local authority or the Secretary, as the case may be,.

    Subsection (8) was substituted, as from 1 April 1985, by section 12(2) Transport Amendment Act (No 2) 1985 (1985 No 76).

    Subsection (9) was amended, as from 20 August 1993, by section 35(1) Land Transport Act 1993 (1993 No 88) by substituting the word Authority for the words Ministry of Transport.

    Sections 30AA to 41 were repealed, as from 1 March 1999, by section 214(1) Land Transport Act 1998 (1998 No 110).

39 Removal of disqualification
  • [Repealed]

    Part 4, comprising sections 30 to 51, was substituted, as from 1 February 1971 (excepting sections 42 and 43 which came into force on 1 July 1971), by section 2 Transport Amendment Act 1970 (1970 No 136).

    Subsection (1) was amended, as from 4 December 1964, by section 8(3)(a) Transport Amendment Act 1964 (1964 No 126) by inserting after section 35 the words or section 35A.

    Subsection (1A) was inserted, as from 1 December 1983, by section 10 Transport Amendment Act (No 3) 1983 (1983 No 35).

    Subsection (2) was repealed, as from 20 October 1966 by section 10 Transport Amendment Act 1966 (1966 No 107)

    Subsection (5) was inserted, as from 1 December 1983, by section 10 Transport Amendment Act (No 3) 1983 (1983 No 35).

    The words District Court and District Court Judge were substituted for the words Magistrates' Court and Magistrate respectively, as from 1 April 1980, pursuant to section 18(2) District Courts Amendment Act 1979 (1979 No 125).

    Sections 30AA to 41 were repealed, as from 1 March 1999, by section 214(1) Land Transport Act 1998 (1998 No 110).

39A Approval of traffic improvement schools and defensive driving courses
  • [Repealed]

    Part 4, comprising sections 30 to 51, was substituted, as from 1 February 1971 (excepting sections 42 and 43 which came into force on 1 July 1971), by section 2 Transport Amendment Act 1970 (1970 No 136).

    Section 39A inserted by section 11 Transport Amendment Act (No 3) 1983 (1983 No 35).

    Section 39A was substituted, as from 1 April 1993, by section 7 Transport Amendment Act (No 3) 1992 (1992 No 108). Any other person may now be approved by the Secretary to traffic improvement and/or defensive driving courses.

    The word Director was substituted for the word Secretary, as from 20 August 1993, pursuant to section 35(1) Land Transport Act 1993 (1993 No 88).

    Sections 30AA to 41 were repealed, as from 1 March 1999, by section 214(1) Land Transport Act 1998 (1998 No 110).

40 Particulars of disqualification orders and of removal of disqualifications and of order authorising limited licences to be sent to Director and to local authority
  • [Repealed]

    Part 4, comprising sections 30 to 51, was substituted, as from 1 February 1971 (excepting sections 42 and 43 which came into force on 1 July 1971), by section 2 Transport Amendment Act 1970 (1970 No 136).

    Section 40 was amended, as from 1 December 1983, by section 4(9) Transport Amendment Act (No 3) 1983 by omitting the words and to the local authority by which the licence (if any) of the defendant was issued.

    The word Director was substituted for the word Secretary, as from 20 August 1993, pursuant to section 35(1) Land Transport Act 1993 (1993 No 88).

    Sections 30AA to 41 were repealed, as from 1 March 1999, by section 214(1) Land Transport Act 1998 (1998 No 110).

41 Appeals against disqualification order or order refusing a limited licence or refusing removal of disqualification
  • [Repealed]

    Part 4, comprising sections 30 to 51, was substituted, as from 1 February 1971 (excepting sections 42 and 43 which came into force on 1 July 1971), by section 2 Transport Amendment Act 1970 (1970 No 136).

    Subsection (1) was amended, as from 18 October 1978, by section 6 Transport Amendment Act (No 3) 1978 (1978 No 46) by inserting the words conviction or.

    Subsection (5) was amended, as from 1 December 1983, by section 4(10) Transport Amendment Act (No 3) 1983 (1983 No 35) by omitting the words and also to the local authority by which the licence (if any) of the defendant was issued.

    The words District Court were substituted for the words Magistrates' Court as from 1 April 1980, pursuant to section 18(2) District Courts Amendment Act 1979 (1979 No 125).

    The words High Court were substituted for the words Supreme Court as from 1 April 1980, pursuant to section 12 Judicature Amendment Act 1979 (1979 No 124).

    Sections 30AA to 41 were repealed, as from 1 March 1999, by section 214(1) Land Transport Act 1998 (1998 No 110).

Owner liability

41A Owner liability for stationary vehicle offences
  • (1) In this section,—

    Stationary vehicle offence means—

    • (a) Parking in any portion of a road in breach of any Act or regulation, or of any bylaw made under the authority of section 72 of this Act:

    Subsection (1) stationary vehicle offence: paragraph (b)(i) to (iv) were repealed, as from 1 September 1997, by section 3(1) Transport Amendment Act 1997 (1997 No 3). See clause 2 Transport Amendment Act 1997 Commencement Order 1997 (SR 1997/142).

    Subsection (1) stationary vehicle offence: paragraph (b)(vii) was inserted, as from 22 June 2005, by section 91(10) Land Transport Amendment Act 2005 (2005 No 77). See sections 96 to 100 of that Act as to the transitional and savings provisions.

    Subsection (1) stationary vehicle offence: paragraph (c) was inserted, as from 1 September 1997, by section 3(2) Transport Amendment Act 1997 (1997 No 3). See clause 2 Transport Amendment Act 1997 Commencement Order 1997 (SR 1997/142).

    Proceedings means proceedings under the Summary Proceedings Act 1957, and includes the issue of an infringement notice under section 42A of this Act.

    (2) Proceedings for a stationary vehicle offence may be taken against any one or more of the following persons:

    • (a) The person who allegedly committed the offence:

    • (c) Any person who, at the time of the alleged offence, was lawfully entitled to possession of the vehicle involved in the offence (whether jointly with any other person or not)—

    whether or not (in the case of a person referred to in paragraph (b) or paragraph (c) of this subsection) the person is an individual or was the driver, person in charge, or user of the vehicle at the time the alleged offence was committed.

    (3) Subject to subsection (5) of this section, in any proceedings taken against a person pursuant to paragraph (b) or paragraph (c) of subsection (2) of this section it shall be conclusively presumed that—

    • (a) The person was the driver, person in charge, and user of the vehicle at the time of the alleged offence (whether or not the person is an individual); and accordingly

    • (b) The acts or omissions of the driver, person in charge, or user of the vehicle at that time were the acts or omissions of the first-mentioned person.

    (4) It shall be a defence to proceedings taken against a person for a stationary vehicle offence if the person proves that another person has, by virtue of an order under the Summary Proceedings Act 1957, become liable to pay a fine or costs, or both, in respect of the offence.

    (5) It shall be a defence to proceedings taken against a person pursuant to paragraph (b) or paragraph (c) of subsection (2) of this section if—

    • (a) The person proves that, at the time the alleged offence was committed—

      • (i) He or she was not lawfully entitled to possession of the vehicle (either jointly with any other person or severally); or

      • (ii) Another person was unlawfully in charge of the vehicle; and

    • (b) Forthwith after becoming aware of the alleged offence he or she advised the enforcement authority in writing that, at the time the offence was committed, he or she was not lawfully entitled to possession of the vehicle or another person unlawfully had charge of the vehicle, as the case may be; and

    • (c) He or she has done everything reasonably possible on his or her part to comply with all requests of the enforcement authority to supply to the authority enforcement information regarding the person lawfully entitled to possession, or who was in charge, of the vehicle at the time of the alleged offence.

    (6) In the case of any stationary vehicle offence, any defence available under subsection (4) or subsection (5) of this section is in addition to and not in substitution for any defences available under the enactment creating the offence.

    (7) This section shall have effect notwithstanding anything to the contrary in any Act or rule of law.

    Part 4, comprising sections 30 to 51, was substituted, as from 1 February 1971 (excepting sections 42 and 43 which came into force on 1 July 1971), by section 2 Transport Amendment Act 1970 (1970 No 136).

    Sections 41A and 41B were inserted, as from 1 April 1993, by section 8 Transport Amendment Act (No 3) 1992 (1992 No 108).

    Subsection (5)(c) was amended, as from 20 August 1993, by section 35(1) Land Transport Act 1993 (1993 No 88) by inserting the word enforcement.

41B Owner liability for moving vehicle offences
  • [Repealed]

    Part 4, comprising sections 30 to 51, was substituted, as from 1 February 1971 (excepting sections 42 and 43 which came into force on 1 July 1971), by section 2 Transport Amendment Act 1970 (1970 No 136).

    Sections 41A and 41B were inserted, as from 1 April 1993, by section 8 Transport Amendment Act (No 3) 1992 (1992 No 108).

    Section 41B was substituted, as from 20 August 1993, by section 35(1) Land Transport Act 1993 (1993 No 88).

    Sections 41B and 42 were repealed, as from 1 March 1999, by section 214(1) Land Transport Act 1998 (1998 No 110).

42 Evidential provisions relating to approved vehicle surveillance equipment
  • [Repealed]

    Subsection (1) was amended, as from 4 December 1964, by section 8(3)(b) Transport Amendment Act 1964 (1964 No 126) by inserting after section 35 the words or section 35A.

    Part 4, comprising sections 30 to 51, was substituted, as from 1 February 1971 (excepting sections 42 and 43 which came into force on 1 July 1971), by section 2 Transport Amendment Act 1970 (1970 No 136).

    Section 42 was substituted, as from 1 April 1993, by section 8 Transport Amendment Act (No 3) 1992 (1992 No 108).

    Subsection (1) was amended, as from 20 August 1993, by section 35(1) Land Transport Act 1993 (1993 No 88) by substituting the word proof for the word evidence.

    Subsection (1A) was inserted, as from 20 August 1993, by section 35(1) Land Transport Act 1993 (1993 No 88).

    Sections 41B and 42 were repealed, as from 1 March 1999, by section 214(1) Land Transport Act 1998 (1998 No 110).

Infringement offences

42A Infringement offences
  • (1) In this Act, the term infringement offence means a stationary vehicle offence.

    (2) For the purposes of any proceedings in respect of an infringement offence that is an offence against a bylaw made under paragraph (e) or paragraph (g) of section 9(1) of the Airport Authorities Act 1966, the expression officer includes officers appointed by an airport authority.

    (2A) For the purposes of any proceedings in respect of an infringement offence that is an offence against the Transport Services Licensing Act 1989 specified in Part 6 of Schedule 2 to this Act, the expressions traffic officer and officer include enforcement officers within the meaning of that Act.

    (3) Where a constable or traffic officer has reason to believe that the user of a vehicle has committed an infringement offence,—

    • (a) The user of the vehicle may be proceeded against for the alleged offence under the Summary Proceedings Act 1957 (except where the offence is an overloading offence); or

    • (b) The constable or traffic officer may issue an infringement notice in respect of the alleged offence.

    (4) Where a parking warden has reason to believe that the user of a vehicle has committed an infringement offence that may be enforced by a parking warden under section 68BA of this Act,—

    • (b) The parking warden may issue an infringement notice in respect of the alleged offence.

    (5) Any sworn or non-sworn member of the Police or any officer (not necessarily the constable, traffic officer, parking warden, or officer who issued the infringement notice) may do any one or more of the following things:

    • (a) Attach an infringement notice, or a copy thereof, to the vehicle to which the notice relates:

    • (b) Deliver an infringement notice, or a copy thereof, personally to a person:

    • (c) Send an infringement notice, or a copy thereof, to a person by post addressed to the person at the person's last known place of residence or business.

    (6) For the purposes of the Summary Proceedings Act 1957

    • (a) Where an infringement notice, or a copy thereof, is attached to the vehicle to which the notice relates pursuant to subsection (5)(a) of this section, the notice or copy shall be deemed to have been served on every person liable in respect of the alleged offence and to have been served when the notice or copy was attached to the vehicle:

    • (b) Where an infringement notice, or a copy thereof, is sent to a person by post addressed to the person at the person's last known place of residence or business pursuant to subsection (5)(c) of this section, the notice or copy shall be deemed to have been served on the person when it was so posted.

    (7) An infringement notice may be in the same form as an infringement notice under section 139(4) of the Land Transport Act 1998, so long as the associated reminder notice contains the details set out in section 140 of that Act; and those sections 139 and 140 apply with any necessary modifications for the purposes of this subsection.

    (8) Different forms of infringement notices may be prescribed in respect of different kinds of infringement offences.

    (8A) The infringement fee payable for a stationary vehicle offence is the infringement fee specified in Schedule 2 for the offence that constitutes the stationary vehicle offence.

    (9) Where an infringement fee is paid to an enforcement authority that is a local authority or an airport authority, the authority shall send to the Commissioner such particulars of the infringement and of the payment as the Commissioner requires.

    (10) Where the infringement fee for an infringement offence for which an infringement notice has been issued is paid to the enforcement authority at the address for payment specified in the notice before or within 28 days after service of a reminder notice in respect of the offence pursuant to section 21 of the Summary Proceedings Act 1957, sections 44 to 51 of this Act shall apply as if—

    • (a) The date on which the infringement notice was issued is the date on which the offence was committed; and

    • (b) A summary conviction in respect of the offence had been entered against the offender on the date of the payment of the infringement fee.

    (11) In any proceedings against any person for an offence in connection with the driving of a motor vehicle, a certificate purporting to be signed by an employee of the Authority or a member of the Police to the effect that the employee or member has checked the information stored in relation to driver history on such computer system as is for the time being maintained by any Government agency, (being the Police or the Authority or the Department for Courts) for the purposes of storing law enforcement information, and—

    • (a) Has found a record to the effect that an infringement fee has been paid by that person in respect of an infringement offence; or

    • (b) Has found a record to the effect that a Court has made an order in respect of an infringement offence or a minor offence—

    shall, in the absence of evidence to the contrary and if a printout of the record is annexed to the certificate, be sufficient evidence of the matters contained in the certificate.

    Part 4, comprising sections 30 to 51, was substituted, as from 1 February 1971 (excepting sections 42 and 43 which came into force on 1 July 1971), by section 2 Transport Amendment Act 1970 (1970 No 136).

    Section 42A was inserted, as from 29 October 1974, by section 10 Transport Amendment Act 1974 (1974 No 61)

    Section 42A was substituted, as from 1 November 1987, by section 6 Transport Amendment Act 1987 (1987 No 96).

    Section 42A was substituted, as from 1 November 1987, by section 17 Summary Proceedings Amendment Act 1987 (1987 No 165).

    The previous subsection (1) was amended, as from 20 August 1993, by section 35(1) Land Transport Act 1993 (1993 No 88) by inserting the words , a stationary vehicle offence, and a moving vehicle offence.

    Subsection (1) was substituted, as from 1 March 1999, by section 215(1) Land Transport Act 1998 (1998 No 110).

    Subsection (2) was amended, as from 1 July 1992, by section 4(1)(a) Transport Amendment Act (No 2) 1992 (1992 No 67) by substituting the words expression officer includes officers for the words expressions traffic officer and officer includes traffic officers respectively.

    Subsection (2A) was inserted, as from 1 October 1989, by section 6 Transport Amendment Act 1989 (1989 No 77).

    Subsection (3) was amended, as from 1 July 1992, by section 4(1)(b) Transport Amendment Act (No 2) 1992 (1992 No 67) by inserting the words constable or before the words traffic officer in both places where they occur.

    Subsection (5) was amended, as from 1 July 1992, by section 4(1)(c) Transport Amendment Act (No 2) 1992 (1992 No 67) by inserting the words sworn or non-sworn member of the Police or any before the word officer where it first occurs.

    Subsection (5) was amended, as from 1 July 1992, by section 4(1)(d) Transport Amendment Act (No 2) 1992 (1992 No 67) by inserting the word constable before the words traffic officer.

    Paragraph (h) of the previous subsection (7) was substituted, as from 1 April 1993, by section 9 Transport Amendment Act (No 3) 1992 (1992 No 108).

    Subsection (7) was substituted, as from 1 March 1999, by section 215(1) Land Transport Act 1998 (1998 No 110).

    Subsection (8A) was inserted, as from 20 August 1993, by section 35(1) Land Transport Act 1993 (1993 No 88).

    Subsection (8A) was substituted, as from 1 March 1999, by section 215(1) Land Transport Act 1998 (1998 No 110).

    Subsection (9) was amended, as from 1 July 1992, by section 4(2)(a) Transport Amendment Act (No 2) 1992 (1992 No 67) by substituting the words that is a local authority or an airport authority for the words other than the Department.

    Subsection (10) was substituted, as from 1 April 1993, by section 9 Transport Amendment Act (No 3) 1992 (1992 No 108).

    Subsection (11) was inserted, as from 1 April 1993, by section 9 Transport Amendment Act (No 3) 1992 (1992 No 108).

    Subsection (11) was amended, as from 1 July 1993, by section 129(1) Privacy Act 1993 (1993 No 28) by substituting the words such computer system as is for the time being maintained by any Government agency, (being the Police or the Department or the Department of Justice) for the purposes of storing law enforcement information for the words the Wanganui computer system.

    Subsection (11) was amended, as from 20 August 1993, by section 35(1) Land Transport Act 1993 (1993 No 88) by substituting the words the Police or the Authority for the words the Police or the Department.

    Subsection (11) was amended, as from 1 July 1995, by section 10(1) Department of Justice (Restructuring) Act 1995 (1995 No 39) by substituting the words Department for Courts for the words Department of Justice.

    Subsection (11) was amended, as from 1 March 1999, by section 215(1) Land Transport Act 1998 (1998 No 110), by substituting the words employee of the Authority and employee for the words officer of the Authority and officer respectively.

43 Entitlement to infringement fees
  • (1) Subject to subsection (3) of this section, all infringement fees received under section 42A by an enforcement authority or recovered under the Summary Proceedings Act 1957 shall be paid into the Crown Bank Account; except that the enforcement authority may retain such portion of the fees so received as the Minister of Finance from time to time approves as being the expenses incidental to their collection.

    (2) [Repealed]

    (3) A local authority that is an enforcement authority shall be entitled to retain—

    • (a) All infringement fees received by it in respect of offences involving—

      • (i) Parking in breach of a bylaw of the local authority in any portion of a road where parking is for the time being governed by the location of parking meters placed pursuant to a bylaw of the local authority; or

      • (ii) Parking in any other portion of a road in breach of a bylaw of the local authority prohibiting parking for a period in excess of the period fixed by the bylaw where the infringement notice in respect of the offence was issued by an officer or other person appointed by that authority; and

    • (b) All towage fees received by it; and

    • (c) Such portion of all other infringement fees received by it as the Minister of Finance from time to time approves.

    (4) The Commissioner shall from time to time, out of money appropriated by Parliament for the purpose, pay to a local authority such portion as the Minister of Finance from time to time approves, of the infringement fees (other than towage fees) received by the Commissioner in respect of other offences that involve breaches of the local authority's bylaws (not being offences that are also offences against an Act or regulation).

    (5) For the purposes of subsections (3)(c) and (4) of this section, the Minister of Finance may approve different portions for different local authorities or enforcement authorities and different categories of infringement offences.

    (6) For the purposes of this section the expression local authority includes an airport authority.

    Part 4, comprising sections 30 to 51, was substituted, as from 1 February 1971 (excepting sections 42 and 43 which came into force on 1 July 1971), by section 2 Transport Amendment Act 1970 (1970 No 136).

    Subsection (1) proviso was substituted, as from 13 December 1979, section 2 Transport Amendment Act (No 2) 1979 (1979 No 120).

    Section 43 was substituted, as from 17 December 1980, by section 7 Transport Amendment Act 1980 (1980 No 96).

    Section 43 was substituted, as from 1 November 1987, by section 6 Transport Amendment Act 1987 (1987 No 96).

    Subsection (1) was substituted, as from 1 October 1989, by 7 Transport Amendment Act 1989 (1989 No 77).

    Subsection (1) was amended, as from 1 March 1999, by section 215(1) Land Transport Act 1998 (1998 No 110), by omitting the words or section 69C of this Act.

    Subsection (2) was repealed, as from 1 October 1989 by section 7(1) Transport Amendment Act 1989 (1989 No 77).

    Subsection 3(a) was repealed, as from 3 April 1985, by section 13 Transport Amendment Act (No 2) 1985.

    Subsection (4) was amended, as from 1 July 1992, by section 5 Transport Amendment Act (No 2) 1992 (1992 No 67) by substituting the word Commissioner for the word Department.

    Subsection (5) was amended, as from 1 October 1989, by section 7 Transport Amendment Act 1989 (1989 No 77) by omitting the expression (2).

43A Towage fees where parking offences prosecuted
  • (1) Where, in proceedings in respect of a parking offence,—

    • (a) The defendant is found guilty of, or pleads guilty to, the offence; and

    • (b) The Court is satisfied that expenses have been incurred by an enforcement authority in respect of the movement or proposed movement under section 68B(1)(c) or section 68BA(2)(b) of this Act of the vehicle involved in the offence (whether or not the vehicle was in fact moved),

    the Court shall order the defendant to pay, in addition to the fine (if any) and the costs (if any) ordered by the Court, the amount of the appropriate towage fee.

    (2) Where, in proceedings in respect of a parking offence (including proceedings commenced by the filing of a copy of a reminder notice under section 21(5) of the Summary Proceedings Act 1957 or the provision of particulars of a reminder notice under section 21 of that Act), the defendant is ordered to pay an amount in respect of a towage fee, the amount of the fee recovered shall be paid to the enforcement authority that incurred the towage expenses.

    Part 4, comprising sections 30 to 51, was substituted, as from 1 February 1971 (excepting sections 42 and 43 which came into force on 1 July 1971), by section 2 Transport Amendment Act 1970 (1970 No 136).

    Section 43A was inserted, as from 1 November 1987, by section 17 Summary Proceedings Amendment Act 1987 (1987 No 165).

    Subsection (2) was amended, as from 1 March 2007, by section 38 Summary Proceedings Amendment Act 2006 (2006 No 13) by inserting or the provision of particulars of a reminder notice under section 21 of that Act after filing of a copy of a reminder notice under section 21(5) of the Summary Proceedings Act 1957.

Demerit points system

44 Recording of demerit points
  • [Repealed]

    Part 4, comprising sections 30 to 51, was substituted, as from 1 February 1971 (excepting sections 42 and 43 which came into force on 1 July 1971), by section 2 Transport Amendment Act 1970 (1970 No 136).

    Subsection (1) was substituted, as from 1 April 1993, by section 10 Transport Amendment Act (No 3) 1992 (1992 No 108).

    Subsection (1) was amended, as from 20 August 1993, by section 35(1) Land Transport Act 1993 (1993 No 88) by substituting the words detected by approved vehicle surveillance equipment for the words to which section 41B of this Act applies.

    The word Director was substituted for the word Secretary, as from 20 August 1993, by section 35(1) Land Transport Act 1993 (1993 No 88).

    Subsection (4) was inserted, as from 1 April 1993, by section 10 Transport Amendment Act (No 3) 1992 (1992 No 108).

    Sections 44 to 51 were repealed, as from 1 March 1999, by section 214(1) Land Transport Act 1998 (1998 No 110).

45 Appeal against conviction
  • [Repealed]

    Part 4, comprising sections 30 to 51, was substituted, as from 1 February 1971 (excepting sections 42 and 43 which came into force on 1 July 1971), by section 2 Transport Amendment Act 1970 (1970 No 136).

    The word Director was substituted for the word Secretary, as from 20 August 1993, pursuant to section 35(1) Land Transport Act 1993 (1993 No 88).

    Sections 44 to 51 were repealed, as from 1 March 1999, by section 214(1) Land Transport Act 1998 (1998 No 110).

46 Cancellation of points
  • [Repealed]

    Part 4, comprising sections 30 to 51, was substituted, as from 1 February 1971 (excepting sections 42 and 43 which came into force on 1 July 1971), by section 2 Transport Amendment Act 1970 (1970 No 136).

    Section 46 was substituted, as from 1 March 1993, by section 11(1) Transport Amendment Act (No 3) 1992 (1992 No 108).

    The word Director was substituted for the word Secretary, as from 20 August 1993, pursuant to section 35(1) Land Transport Act 1993 (1993 No 88).

    Sections 44 to 51 were repealed, as from 1 March 1999, by section 214(1) Land Transport Act 1998 (1998 No 110).

47 Notice of points
  • [Repealed]

    Part 4, comprising sections 30 to 51, was substituted, as from 1 February 1971 (excepting sections 42 and 43 which came into force on 1 July 1971), by section 2 Transport Amendment Act 1970 (1970 No 136).

    Section 47 was substituted, as from 3 November 1983, by section 13(1) Transport Amendment Act (No 3) 1983 (1983 No 35)

    Section 47 was substituted, as from 1 March 1993, by section 11(1) Transport Amendment Act (No 3) 1992 (1992 No 108).

    The word Director was substituted for the word Secretary, as from 20 August 1993, pursuant to section 35(1) Land Transport Act 1993 (1993 No 88).

    Sections 44 to 51 were repealed, as from 1 March 1999, by section 214(1) Land Transport Act 1998 (1998 No 110).

48 Disqualification under points system
  • [Repealed]

    Part 4, comprising sections 30 to 51, was substituted, as from 1 February 1971 (excepting sections 42 and 43 which came into force on 1 July 1971), by section 2 Transport Amendment Act 1970 (1970 No 136).

    Subsection (1) was substituted, as from 1 March 1993, by section 12(1) Transport Amendment Act (No 3) 1992 (1992 No 108).

    Subsection (3) was substituted, as from 1 March 1993, by section 12(1) Transport Amendment Act (No 3) 1992 (1992 No 108).

    Subsection (4) was amended, as from 1 March 1993, by section 12(1) Transport Amendment Act (No 3) 1992 (1992 No 108) by substituting the words The Secretary for the words The local authority, or, in the case of a licence issued by the Secretary, the Secretary,.

    The word Director was substituted for the word Secretary, as from 20 August 1993, pursuant to section 35(1) Land Transport Act 1993 (1993 No 88).

    Sections 44 to 51 were repealed, as from 1 March 1999, by section 214(1) Land Transport Act 1998 (1998 No 110).

49 Issue of limited licence
  • [Repealed]

    Part 4, comprising sections 30 to 51, was substituted, as from 1 February 1971 (excepting sections 42 and 43 which came into force on 1 July 1971), by section 2 Transport Amendment Act 1970 (1970 No 136).

    The words District Court Judge and District Court were substituted for the words Magistrate and Magistrates' Court respectively, as from 1 April 1980, pursuant to section 18(2) District Courts Amendment Act 1979 (1979 No 125).

    Sections 44 to 51 were repealed, as from 1 March 1999, by section 214(1) Land Transport Act 1998 (1998 No 110).

50 Disqualified person not to apply for or obtain driver's licence
  • [Repealed]

    Part 4, comprising sections 30 to 51, was substituted, as from 1 February 1971 (excepting sections 42 and 43 which came into force on 1 July 1971), by section 2 Transport Amendment Act 1970 (1970 No 136).

    Sections 44 to 51 were repealed, as from 1 March 1999, by section 214(1) Land Transport Act 1998 (1998 No 110).

51 Regulations as to demerit points
  • [Repealed]

    Part 4, comprising sections 30 to 51, was substituted, as from 1 February 1971 (excepting sections 42 and 43 which came into force on 1 July 1971), by section 2 Transport Amendment Act 1970 (1970 No 136).

    Subsection (2A) was inserted, as from 20 August 1993, by section 35(1) Land Transport Act 1993 (1993 No 88).

    Subsection (3)(a)(i) was amended, as from 1 October 1989, by section 10(1)(a) Transport Amendment Act 1989 (1989 No 77) by substituting the expression subsections (1) to (4) of section 30AA or subsection (1) or subsection (2) of section 30AB for the expression subsection (1) or subsection (2) or subsection (3) of section 30.

    Subsection (3)(a)(ii) was amended, as from 1 October 1989, by section 10(1)(b) Transport Amendment Act 1989 (1989 No 77) by substituting the expression section 30AA(4) or section 30AC of this Act for the expression subsection (2) of that section.

    Subsection 3(b) was amended, as from 1 March 1993, by section 13 Transport Amendment Act (No 3) 1992 (1992 No 108), by substituting the expression 50 for the expression 40.

    Sections 44 to 51 were repealed, as from 1 March 1999, by section 214(1) Land Transport Act 1998 (1998 No 110).

Part 5
Road traffic

52 Speed limits
  • [Repealed]

    Section 52 was substituted, as from 1 April 1980, by section 8(3) Local Government Amendment 1979 (1979 No 59).

    Subsection (1)(a) was substituted, as from 1 November 1989, by section 8(1) Transport Amendment Act 1989 (1989 No 77).

    Subsection (1)(a) was amended, as from 1 July 2003, by section 262 Local Government Act 2002 (2002 No 84) by substituting the words Local Government Act 2002 for the words Local Government Act 1974. See sections 273 to 314 of that Act as to the savings and transitional provisions.

    Subsection (1)(b) was repealed, as from 1 November 1989, by section 8(1) Transport Amendment Act 1989 (1989 No 77).

    Subsection (1)(c) was substituted, as from 1 August 1987, by section 7 Transport Amendment Act 1987 (1987 No 96).

    Subsection (6) was inserted, as from 16 December 1983, by section 16(2) Public Works Amendment Act 1983 (1983 No 150).

    Section 52 and 52A were substituted, as from 5 April 2004, by section 4 Transport Amendment Act 1997 (1997 No 3). See clause 2 Transport Amendment Act 1997 Commencement Order 2004 (SR 2004/39).

    Paragraph (a) was amended by section 215(a) Land Transport Act 1998 (1998 No 110) by substituting the words the Land Transport Act 1998 for the words Part 2 of the Land Transport Act 1993.

    Section 52 was repealed, as from 27 February 2005, by section 214(2) Land Transport Act 1998 (1998 No 110). See clause 2 Land Transport (Commencement of Repeals) Order 2004 (SR 2004/452).

52A Saving of existing speed limits
  • (1) All speed limits fixed by any Act, regulation, bylaw, or notice in the Gazette before the date on which section 4 of the Transport Amendment Act 1997 comes into force continue to have effect in relation to any road or locality to which they applied before that date until superseded in respect of that road or locality by a speed limit fixed on or after that date by—

    • (a) A controlling authority in accordance with any ordinary rule or emergency rule made under Part 2 of the Land Transport Act 1993; or

    • (b) The Director under any such rule; or

    • (c) A Minister of the Crown by bylaw made under section 72(1)(j) of this Act.

    Section 52A was inserted, as from 1 October 1989, by section 9(1) Transport Amendment Act 1989 (1989 No 77).

    Sections 52 and 52A were substituted, as from 5 April 2004, by section 4 Transport Amendment Act 1997 (1997 No 3). See clause 2 Transport Amendment Act 1997 Commencement Order 2004 (SR 2004/39).

53 Exemption from speed limits of Police, traffic officers, and ambulance and fire-brigade drivers
  • [Repealed]

    Section 53 was amended, as from 5 April 2004, by section 5(1) Transport Amendment Act 1997 (1997 No 3) by inserting the words rule or before the word bylaw. See clause 2 Transport Amendment Act 1997 Commencement Order 2004 (SR 2004/39).

    Paragraph (c) was amended, as from 30 April 1997, by section 5(2) Transport Amendment Act 1997 (1997 No 3) by inserting the words or other emergencies.

    Section 53 was repealed, as from 22 June 2005, by section 91(11) Land Transport Amendment Act 2005 (2005 No 77). See sections 96 to 100 of that Act as to the transitional and savings provisions.

54 Compliance with speed limit not a defence to other charges
  • [Repealed]

    Sections 54, 55, 56, and 57 were repealed, as from 1 March 1999, by section 214(1) Land Transport Act 1998 (1998 No 110).

55 Causing bodily injury or death through reckless or dangerous driving or driving while under the influence of drink or drugs
  • [Repealed]

    Subsection (2) was substituted, as from 1 December 1978, by section 8(2) Transport Amendment Act (No 3) 1978 (1978 No 46).

    Subsection (2)(b) was amended, as from 11 December 1988, by section 6 Transport Amendment Act (No 2) 1988 (1988 No 170) by substituting the expression 400 micrograms for the expression 500 micrograms.

    Subsection (2)(b) was amended, as from 1 October 1989, by section 10(2)(a) Transport Amendment Act (No 2) 1988 (1988 No 170) by substituting the expression 58B for the expression 58A.

    Subsection (2)(c) was amended, as from 1 October 1989, by section 10(2)(b) Transport Amendment Act 1989 (1989 No 77) by substituting the expression 58C for the expression 58B.

    Subsection (3) was repealed, as from 1 February 1971, by section 3(1) Transport Amendment Act 1970 (1970 No 136).

    Subsection (5) was substituted, as from 1 December 1978, by section 8(3) Transport Amendment Act (No 3) 1978 (1978 No 46).

    Subsection (5) was amended, as from 1 October 1989, by section 10(3)(a) Transport Amendment Act 1989 (1989 No 77) by substituting the expression 58B for the expression 58A.

    Subsection (5) was amended, as from 1 October 1989, by section 10(3)(b) Transport Amendment Act 1989 (1989 No 77) by substituting the expression 58C for the expression 58B.

    Sections 54, 55, 56, and 57 were repealed, as from 1 March 1999, by section 214(1) Land Transport Act 1998 (1998 No 110).

56 Causing bodily injury or death through careless use of motor vehicle
  • [Repealed]

    Subsection (1) was amended, as from 1 February 1971, by section 3(1) Transport Amendment Act 1970 (1970 No 136) by omitting the words and is liable to imprisonment for a term not exceeding 3 months or to a fine not exceeding $200.

    Subsection (1A) was inserted, as from 29 October 1974, by section 13 Transport Amendment Act 1974 (1974 No 61).

    Sections 54, 55, 56, and 57 were repealed, as from 1 March 1999, by section 214(1) Land Transport Act 1998 (1998 No 110).

57 Reckless or dangerous driving
  • [Repealed]

    Section 57 was amended, as from 1 February 1971, by section 3(1) Transport Amendment Act 1970 (1970 No 136) by omitting the words and is liable to imprisonment for a term not exceeding three months or to a fine not exceeding two hundred dollars.

    Sections 54, 55, 56, and 57 were repealed, as from 1 March 1999, by section 214(1) Land Transport Act 1998 (1998 No 110).

Breath-alcohol and blood-alcohol offences

  • The heading Breath-alcohol and blood-alcohol offences were substituted, as from 11 December 1988, by section 7 Transport Amendment Act (No 2) 1988 (1988 No 170).

57A Interpretation
  • [Repealed]

    Section 57A was inserted, as from 1 December 1978, by section 7 Transport Amendment Act 1978 (1978 No 46)

    Sections 57A to 58F were substituted, as from 11 December 1988, by section 7 Transport Amendment Act (No 2) 1988 (1988 No 170).

    Accompany: inserted, as from 1 August 1987, by section 8(1) Transport Amendment Act 1987 (1987 No 96) and re-enacted by section 7 Transport Amendment Act (No 2) 1988 (1988 No 170).

    Apparently unlicensed driver: repealed, as from 1 April 1993, by section 14(1) Transport Amendment Act (No 3) 1992 (1992 No 108).

    Approved health authority: this definition was substituted for the previous definition of Approved Area Health Board or approved Hospital Board, as from 11 December 1988, by section 7 Transport Amendment Act (No 2) 1988 (1988 No 170).

    Approved hospital board repealed, as from 3 April 1985, by section 14(1) Transport Amendment Act (No 2) 1985 (1985 No 76)

    Approved laboratory: inserted, as from 1 July 1992, by section 2(1) Transport Amendment Act 1992 (1992 No 48).

    Area health board: inserted by section 12 Transport Amendment Act (No 2) 1985 (1985 No 76) and re-enacted by section 7 Transport Amendment Act (No 2) 1988 (1988 No 170). It should be noted that the 1983 Act referred to specifically provides that an Area Health Board is not a Hospital Board.

    Authorised person: Definition inserted by section 12 Transport Amendment Act (No 2) 1985 (1985 No 76).

    Authorised person: this definition was substituted, as from 3 April 1985, by section 14 Transport Amendment Act (No 2) 1985 (1985 No 76)

    Authorised person: this definition was substituted, as from 1 November 1987, by section 8(2) Transport Amendment Act 1987 (1987 No 96)

    Authorised person: this definition was substituted, as from 11 December 1988, by section 7 Transport Amendment Act (No 2) 1988 (1988 No 170).

    Blood specimen: this definition was substituted, as from 11 December 1988, by section 7 Transport Amendment Act (No 2) 1988 (1988 No 170).

    Blood specimen collecting kit: this definition was substituted, as from 11 December 1988, by section 7 Transport Amendment Act (No 2) 1988 (1988 No 170).

    Blood specimen collecting kit: this definition was substituted, as from 1 July 1992, by section 2(2) Transport Amendment Act 1992 (1992 No 48).

    Blood test: this definition was substituted, as from 11 December 1988, by section 7 Transport Amendment Act (No 2) 1988 (1988 No 170).

    Breath screening device: this definition was substituted, as from 11 December 1988, by section 7 Transport Amendment Act (No 2) 1988 (1988 No 170).

    Breath screening test: this definition was substituted, as from 11 December 1988, by section 7 Transport Amendment Act (No 2) 1988 (1988 No 170).

    Conclusive evidential breath-testing device: this definition was inserted, as from 11 December 1988, by section 7 Transport Amendment Act (No 2) 1988 (1988 No 170).

    Drink: this definition was substituted, as from 11 December 1988, by section 7 Transport Amendment Act (No 2) 1988 (1988 No 170).

    Evidential breath test: this definition was substituted, as from 11 December 1988, by section 7 Transport Amendment Act (No 2) 1988 (1988 No 170).

    Evidential breath-testing device: this definition was substituted, as from 11 December 1988, by section 7 Transport Amendment Act (No 2) 1988 (1988 No 170).

    Hospital and hospital board: this definition was inserted, as from 11 December 1988, by section 7 Transport Amendment Act (No 2) 1988 (1988 No 170) and consolidates two previous definitions.

    Ministry analyst: this definition was substituted, as from 1 July 1992, by section 2(2) Transport Amendment Act 1992 (1992 No 48).

    Passive breath-testing device: inserted, as from 14 December 1992, by section 14(2) Transport Amendment Act (No 3) 1992 (1992 No 108).

    Positive evidential breath test: this definition was substituted, as from 1 November 1987, by section 8(3) Transport Amendment Act 1987 (1987 No 96).

    Positive evidential breath test: this definition was substituted, as from 11 December 1988, by section 7 Transport Amendment Act (No 2) 1988 (1988 No 170). The level of alcohol permitted in the breath of any driver was reduced from 500 to 400 micrograms per litre of breath.

    Positive evidential breath test: this definition was substituted, as from 1 April 1993, by section 14(3) Transport Amendment Act (No 3) 1992 (1992 No 108).

    Private analyst: this definition was substituted, as from 11 December 1988, by section 7 Transport Amendment Act (No 2) 1988 (1988 No 170). The right to have a blood specimen sent to a private analyst is given by section 58F(5).

    Registered medical practitioner: this definition was substituted, as from 11 December 1988, by section 7 Transport Amendment Act (No 2) 1988 (1988 No 170).

    Registered medical practitioner: this definition was substituted, as from 1 July 1996, by section 143(1) Medical Practitioners Act 1995 (1995 No 95). See clause 2 Medical Practitioners Act Commencement Order 1996 (SR 1996/162).

    Registered nurse: this definition was inserted, as from 3 April 1985, by section 14(2) Transport Amendment Act (No 2) 1985 (1985 No 76).

    Registered nurse: repealed, as from 11 December 1988, by section 7 Transport Amendment (No 2) 1987 (1987 No 170).

    Science Minister: this definition was inserted, as from 1 July 1992, by section 2(3) Transport Amendment Act 1992 (1992 No 48).

    Subsection (2) was repealed, as from 1 April 1993, by section 14(4) Transport Amendment Act (No 3) 1992 (1992 No 108).

    Subsection (3) was amended, as from 1 July 1992, by section 2(4) Transport Amendment Act 1992 (1992 No 48), by inserting the words or the Science Minister.

    Subsection (4A) was inserted, as from 1 July 1992, by section 2(5) Transport Amendment Act 1992 (1992 No 48).

    Subsections (5) and (6) were inserted, as from 21 December 1990, by section 2 Transport Amendment Act (No 2) 1990 (1990 No 135). See also sections 3 and 4 of that Act for the effect on the Transport (Breath Tests) Notice (No 2) 1989.

    Sections 57A to 58J were repealed, as from 1 March 1999, by section 214(1) Land Transport Act 1998 (1998 No 110).

58 Driving with excessive breath-alcohol or blood-alcohol concentration or while under influence of drink or drugs
  • [Repealed]

    This Act is to be repealed, as from 1 July 2009, by section 214(3) Land Transport Act 1998 (1998 No 110). See section 87 Land Transport Amendment Act 2005 (2005 No 77) extending the repeal date of this Act from 1 July 2005 to 1 July 2009.

    Section 58 was substituted, as from 1 February 1971, by section 5 Transport Amendment Act 1970 (1970 No 136)

    Section 58 was substituted, as from 1 December 1978, by section 7 Transport Amendment Act 1978 (1978 No 46)

    Subsection (1) was substituted, as from 1 August 1987, by section 9 Transport Amendment Act 1987 (1987 No 96)

    Subsections (5) and (6) were inserted, as from 2 December 1983, by section 15 Transport Amendment Act (No 3) 1983 (1983 No 35).

    Sections 57A to 58F were substituted, as from 11 December 1988, by section 7 Transport Amendment Act (No 2) 1988 (1988 No 170).

    Subsection (1)(b) repealed, as from 1 April 1993, by section 15(1) Transport Amendment Act (No 3) 1992 (1992 No 108).

    Subsection (1)(d) repealed, as from 1 April 1993, by section 15(1) Transport Amendment Act (No 3) 1992 (1992 No 108).

    Subsection (1)(f) and (g) and the immediately preceding word or were inserted, as from 1 April 1993, by section 15(2) Transport Amendment Act (No 3) 1992 (1992 No 108).

    Subsection (4)(a)(ii) was substituted, as from 1 April 1993, by section 15(2) Transport Amendment Act (No 3) 1992 (1992 No 108).

    Subsection (6) was amended, as from 1 April 1993, by section 15(4) Transport Amendment Act (No 3) 1992 (1992 No 108) by substituting the expression paragraph (g) for the expression paragraph (d).

    Sections 57A to 58J were repealed, as from 1 March 1999, by section 214(1) Land Transport Act 1998 (1998 No 110).

58A Breath screening tests
  • [Repealed]

    Section 58A was inserted, as from 1 February 1971, by section 5 Transport Amendment Act 1970 (1970 No 136)

    Section 58A was substituted, as from 1 December 1978, by section 7 Transport Amendment Act 1978 (1978 No 46)

    Sections 57A to 58F and the preceding heading were substituted, and sections 58G to 58J were inserted, as from 11 December 1988, by section 7 Transport Amendment Act (No 2) 1988 (1988 No 170).

    Subsection (1) was substituted, as from 1 April 1993, by section 16(1) Transport Amendment Act (No 3) 1992 (1992 No 108).

    Subsections (5) and (6) were inserted, as from 14 December 1992, by section 16(2) Transport Amendment Act (No 3) 1992 (1992 No 108).

    Sections 57A to 58J were repealed, as from 1 March 1999, by section 214(1) Land Transport Act 1998 (1998 No 110).

58B Evidential breath tests
  • [Repealed]

    Section 58B was inserted, as from 1 February 1971, by section 5 Transport Amendment Act 1970 (1970 No 136).

    Section 58B was substituted, as from 1 December 1978, by section 7 Transport Amendment Act 1978 (1978 No 46)

    Subsection (1)(d) was amended, as from 19 September 1979, by section 3(1) Transport Amendment Act 1979 (1979 No 17), by inserting after requirement under section 58A of this Act the words (whether or not at the time the requirement was made it was likely that the person could undergo an evidential breath test at that place).

    Subsection (1A) was inserted, as from 19 September 1979, by section 3(2) Transport Amendment Act 1979 (1979 No 17).

    Subsection (9A) was inserted, as from by 2 December 1983, by section 17 Transport Amendment Act 1983 (1983 No 35).

    Subsection (12) was amended, as from 4 April 1985, by section 14(4) Transport Amendment Act (No 2) 1985 (1985 No 76) by omitting the words in any hospital.

    Subsection (13) was inserted, as from 19 September 1979, by section 3(3) Transport Amendment Act 1979 (1979 No 17).

    Sections 57A to 58F and the preceding heading were substituted, and sections 58G to 58J were inserted, as from 11 December 1988, by section 7 Transport Amendment Act (No 2) 1988 (1988 No 170). That Act divided the previous section on breath tests into breath screening tests and evidential breath tests.

    Subsection (1)(aa) was inserted, as from 1 April 1993, by section 17(1) Transport Amendment Act (No 3) 1992 (1992 No 108).

    Section (1)(b) was repealed, as from 1 April 1993, by section 17 Transport Amendment Act (No 3) 1992 (1992 No 108).

    Subsection (1A) was inserted, as from 1 April 1993, by section 17(2) Transport Amendment Act (No 3) 1992 (1992 No 108).

    Sections 57A to 58J were repealed, as from 1 March 1999, by section 214(1) Land Transport Act 1998 (1998 No 110).

58C Blood tests
  • [Repealed]

    Sections 57A to 58F were substituted, as from 11 December 1988, by section 7 Transport Amendment Act (No 2) 1988 (1988 No 170).

    Subsection (1)(d)(i) was amended, as from 1 April 1993, by section 18 Transport Amendment Act (No 3) 1992 (1992 No 108), by substituting the words drink or a drug, or both for the words a drug or of a drink and a drug. Subsection (1)(d)(i) was amended so that a blood test can be required where a registered medical practitioner believes that a person is under the influence of drink, or drugs, or both.

    Sections 57A to 58J were repealed, as from 1 March 1999, by section 214(1) Land Transport Act 1998 (1998 No 110).

58D Hospital blood tests
  • [Repealed]

    Sections 57A to 58F were substituted, as from 11 December 1988, by section 7 Transport Amendment Act (No 2) 1988 (1988 No 170).

    Sections 57A to 58J were repealed, as from 1 March 1999, by section 214(1) Land Transport Act 1998 (1998 No 110).

58E Refusal to supply blood specimen
  • [Repealed]

    Sections 57A to 58F were substituted, as from 11 December 1988, by section 7 Transport Amendment Act (No 2) 1988 (1988 No 170).

    Sections 57A to 58J were repealed, as from 1 March 1999, by section 214(1) Land Transport Act 1998 (1998 No 110).

58F Procedure for dealing with blood specimens
  • [Repealed]

    Sections 57A to 58F were substituted, as from 11 December 1988, by section 7 Transport Amendment Act (No 2) 1988 (1988 No 170).

    Section 58F was amended, as from 1 July 1992, by section 7 Transport Amendment Act (No 2) 1992 (1992 No 67) by substituting the word Commissioner for the words Secretary or Secretary for Transport wherever they appeared.

    Subsections (3) and (4A) were amended, as from 1 April 1993, by section 19 Transport Amendment Act (No 3) 1992 (1992 No 108), by omitting the word personally after the word delivered.

    Sections 57A to 58J were repealed, as from 1 March 1999, by section 214(1) Land Transport Act 1998 (1998 No 110).

58G Certificates and presumptions in blood-alcohol proceedings
  • [Repealed]

    Sections 58G to 58J were inserted, as from 11 December 1988, by section 7 Transport Amendment Act (No 2) 1988 (1988 No 170).

    Subsection (1)(c)(iii) was amended, as from 1 July 1992, by section 8 Transport Amendment Act (No 2) 1992 (1992 No 67) by substituting the word Commissioner for the words Secretary for Transport.

    Subsection (1)(d)(i) was substituted, as from 1 April 1993, by section 20(1) Transport Amendment Act (No 3) 1992 (1992 No 108).

    Subsection (5) was substituted, as from 1 April 1993, by section 20(2) Transport Amendment Act (No 3) 1992 (1992 No 108).

    Subsection (5) was amended, as from 20 August 1993, by section 35(1) Land Transport Act 1993 (1993 No 88) by substituting the word Authority for the words Ministry of Transport.

    Sections 57A to 58J were repealed, as from 1 March 1999, by section 214(1) Land Transport Act 1998 (1998 No 110).

58H Circumstances in which certificate not admissible in proceedings
  • [Repealed]

    Sections 58G to 58J were inserted, as from 11 December 1988, by section 7 Transport Amendment Act (No 2) 1988 (1988 No 170).

    Subparagraph (4)(c)(i) was amended, as from 1 April 1993, by section 21(1) Transport Amendment Act (No 3) 1992 (1992 No 108) by substituting the expression section 58(1)(g) for the expression 58(1)(d).

    Subsection (5) was inserted, as from 1 April 1993, by section 21 Transport Amendment Act (No 3) 1992 (1992 No 108), to cover the situation where a blood specimen may have been destroyed.

    Sections 57A to 58J were repealed, as from 1 March 1999, by section 214(1) Land Transport Act 1998 (1998 No 110).

58I Reasonable compliance
  • [Repealed]

    Sections 58G to 58J were inserted, as from 11 December 1988, by section 7 Transport Amendment Act (No 2) 1988 (1988 No 170).

    Section 58I was amended, as from 1 April 1993, by section 22 Transport Amendment Act (No 3) 1992 (1992 No 108) by substituting the expression paragraphs (a), (b), (c), (d), (f), and (g) for the expression paragraphs (a) to (d).

    Sections 57A to 58J were repealed, as from 1 March 1999, by section 214(1) Land Transport Act 1998 (1998 No 110).

58J Taking of blood specimens for statistical or research purposes
  • [Repealed]

    Sections 58G to 58J were inserted, as from 11 December 1988, by section 7 Transport Amendment Act (No 2) 1988 (1988 No 170).

    Subsection (1) was amended, as from 1 April 1993, by section 23(1) Transport Amendment Act (No 3) 1992 (1992 No 108) by inserting the words and any such registered medical practitioner or authorised person may, with the consent of any person from whom such a blood specimen may be taken under this subsection, take for such purposes a specimen of breath, saliva, urine, or eye vapour from that person.

    Subsection (3) was amended, as from 1 April 1993, by section 23(2) Transport Amendment Act (No 3) 1992 (1992 No 108) by inserting the words , breath, saliva, urine, or eye vapour.

    Sections 57A to 58J were repealed, as from 1 March 1999, by section 214(1) Land Transport Act 1998 (1998 No 110).

59 Being in charge of motor vehicle while under influence of drink or drugs
  • [Repealed]

    Paragraph (a) was amended, as from 1 December 1978, by section 8(4) Transport Amendment Act (No 3) 1978 by inserting the words or both.

    Sections 59 to 63 were repealed, as from 1 March 1999, by section 214(1) Land Transport Act 1998 (1998 No 110).

59A Driving or attempting to drive with excessive blood-alcohol concentration
  • [Repealed]

    Sections 59A to 59F were inserted, as from 1 May 1969, by section 13 Transport Amendment Act 1968 (1968 No 148),

    Sections 59A to 59F were repealed, as from 1 February 1971, by section 6(1)(a) Transport Amendment Act 1970 (1970 No 136).

59B Breath tests
  • [Repealed]

    Sections 59A to 59F were inserted, as from 1 May 1969, by section 13 Transport Amendment Act 1968 (1968 No 148),

    Sections 59A to 59F were repealed, as from 1 February 1971, by section 6(1)(a) Transport Amendment Act 1970 (1970 No 136).

59C Blood tests
  • [Repealed]

    Sections 59A to 59F were inserted, as from 1 May 1969, by section 13 Transport Amendment Act 1968 (1968 No 148),

    Sections 59A to 59F were repealed, as from 1 February 1971, by section 6(1)(a) Transport Amendment Act 1970 (1970 No 136).

59D Proceedings for offence committed while under the influence of a drug or a drug associated with drink
  • [Repealed]

    Sections 59A to 59F were inserted, as from 1 May 1969, by section 13 Transport Amendment Act 1968 (1968 No 148),

    Sections 59A to 59F were repealed, as from 1 February 1971, by section 6(1)(a) Transport Amendment Act 1970 (1970 No 136).

59E Refusal to supply specimen of blood
  • [Repealed]

    Sections 59A to 59F were inserted, as from 1 May 1969, by section 13 Transport Amendment Act 1968 (1968 No 148),

    Sections 59A to 59F were repealed, as from 1 February 1971, by section 6(1)(a) Transport Amendment Act 1970 (1970 No 136).

59F Special provisions as to persons under medical treatment
  • [Repealed]

    Sections 59A to 59F were inserted, as from 1 May 1969, by section 13 Transport Amendment Act 1968 (1968 No 148),

    Sections 59A to 59F were repealed, as from 1 February 1971, by section 6(1)(a) Transport Amendment Act 1970 (1970 No 136).

60 Careless or inconsiderate use of motor vehicle
  • [Repealed]

    Sections 59 to 63 were repealed, as from 1 March 1999, by section 214(1) Land Transport Act 1998 (1998 No 110).

Miscellaneous provisions with respect to motor driving

61 Names of drivers under influence of drink or drugs not to be suppressed
  • [Repealed]

    Section 61 was substituted as from 1 October 1985, by section 150(1) Criminal Justice Act 1985 (1985 No 120).

    Section 61 was amended, as from 11 December 1988, by section 8 Transport Amendment Act 1988 (1988 No 170) by substituting the expression 58B, 58C, and 58E for the expression or 58C.

    Sections 59 to 63 were repealed, as from 1 March 1999, by section 214(1) Land Transport Act 1998 (1998 No 110).

62 Arrest of drivers under influence of drink or drugs
  • [Repealed]

    Section 62 replaced section 44 Transport Act 1949, as amended by sections 6(4) and 8(2) Transport Amendment Act 1953. A reference to section 58(1)(c) was inserted by section 8(5) Transport Amendment Act (No 3) 1978 (1978 No 46).

    Section 62 was amended, as from 1 August 1987, by section 14 Transport Amendment Act 1987 (1987 No 96) by substituting the expression section 55(2) or section 58(i)(e) for the expression subsection (2) of section 55, section 58(1)(c).

    Sections 59 to 63 were repealed, as from 1 March 1999, by section 214(1) Land Transport Act 1998 (1998 No 110).

62A Traffic officer may arrest for assault on traffic officer
  • [Repealed]

    Section 62A was inserted, as from 20 October 1966, by section 12 Transport Amendment Act 1966 (1966 No 107).

    Section 62A was repealed, as from 1 May 1969, by section 14(a) Transport Amendment Act 1968 (1968 No 148).

    Section 62A was inserted, as from 1 August 1987, by section 15 Transport Amendment Act 1987 (1987 No 96).

    Section 62A was amended, as from 1 July 1992, by section 9 Transport Amendment Act (No 2) (1992 No 67) by substituting the words a non-sworn member of the Police for the words an officer of the Department.

    Sections 59 to 63 were repealed, as from 1 March 1999, by section 214(1) Land Transport Act 1998 (1998 No 110).

62B Arrested person to be delivered into police custody
  • [Repealed]

    Section 62B was inserted, as from 1 August 1987, by section 15 Transport Amendment Act 1987 (1987 No 96).

    Sections 59 to 63 were repealed, as from 1 March 1999, by section 214(1) Land Transport Act 1998 (1998 No 110).

63 Constable or traffic officer may prohibit or prevent driving
  • [Repealed]

    Section 63 was substituted, as from 1 August 1987, by section 16(1) Transport Amendment Act 1987 (1987 No 96).

    Subsection (1A) was inserted, as from 11 December 1988, by section 9 Transport Amendment Act (No 2) 1988 (1988 No 170).

    Subsection (2) was amended, as from 1 July 1992, by section 10 Transport Amendment Act (No 2) 1992 (1992 No 67) by substituting the words a non-sworn member of the Police for the words an officer of the Department.

    Subsection (3) was substituted, as from 11 December 1988, by section 9 Transport Amendment Act (No 2) 1988 (1988 No 170).

    Subsection (3) was amended, as from 1 April 1993, by section 24 Transport Amendment Act (No 3) 1992 (1992 No 108) by substituting the words a person apparently under 20 years of age for the words an apparently unlicensed driver or the holder of a learner licence or a restricted licence for the relevant vehicle.

    Sections 59 to 63 were repealed, as from 1 March 1999, by section 214(1) Land Transport Act 1998 (1998 No 110).

64 Compulsory stopping of certain vehicles at railway crossings
  • [Repealed]

    Subsection (1)(aa) was inserted, as from 4 December 1964, by section 11 Transport Amendment Act 1964 (1964 No 126).

    Subsection (1)(aa) was amended, as from 1 March 1999, by section 215(1) Land Transport Act 1998 (1998 No 110) by inserting the words or on behalf of.

    Subsection (1)(c) was inserted, as from 3 April 1985, by section 15 Transport Amendment Act (No 2) 1985 (1985 No 76).

    Subsection (3) was amended, as from 20 August 1993, by section 35(1) Land Transport Act 1993 (1993 No 88) by substituting the word Authority for the word Minister.

    Subsection (4) was repealed by section 2(2)(b), 1972 No 129.

    Subsection (5) was amended by substituting the expression section 54 of the New Zealand Railways Corporation Act 1981, which is the corresponding enactment in force, for section 64 of the repealed Government Railways Act 1949.

    Subsection (5) was amended, as from 1 March 1999, by section 215(1) Land Transport Act 1998 (1998 No 110) by substituting the words section 4 of the Railway Safety and Corridor Management Act 1992 for the words section 54 of the New Zealand Railways Corporation Act 1981.

    Section 64 was repealed, as from 3 May 1999, by section 214(2) Land Transport Act 1998 (1998 No 110). See clause 2 Land Transport (Commencement of Repeals) Order (No 2) 1999 (SR 1999/97).

65 Duties of motor drivers in cases of accidents
  • [Repealed]

    Subsection (1) proviso was inserted, as from 29 October 1974, by section 18(1) Transport Amendment Act 1974 (1974 No 61).

    Subsection (3) was amended, as from 1 October 1989 by section 10(4) Transport Amendment Act 1989 (1989 No 77) by substituting the expression section 30AA for the expression section 30.

    Subsection (3) was amended, as from 1 July 1992, by section 11(1)(a) Transport Amendment Act 1992 (1992 No 67) by omitting the words or to the nearest office of the Road Transport Division of the Department.

    Subsection (3) was amended, as from 1 July 1992, by section 11(1)(b) Transport Amendment Act 1992 (1992 No 67) by inserting the words who is a non-sworn member of the Police.

    Subsection (3A) was inserted, as from 29 October 1974, by section 18(3) Transport Amendment Act 1974 (1974 No 61)

    Subsection (3A) was substituted, as from 1 July 1992, by section 11(2) Transport Amendment Act 1992 (1992 No 67).

    Subsection (4) was amended by section 3(1), 1970 No 136 by substituting the words to the penalties of this Act for the words on conviction on indictment to imprisonment for a term not exceeding 5 years or to a fine not exceeding $1,000.

    Subsection (4) was amended, as from 1 October 1989, by section 10(4) Transport Amendment Act 1989 (1989 No 77) by substituting the expression section 30AA for the expression section 30.

    Subsection (5) was substituted, as from 29 October 1974, by section 18(4) Transport Amendment Act 1974 (1974 No 61).

    Subsection (5) was amended, as from 1 October 1989, by section 10(4) Transport Amendment Act 1989 (1989 No 77) by substituting the expression section 30AA for the expression section 30.

    Section 65 was repealed, as from 1 March 1999, by section 214(1) Land Transport Act 1998 (1998 No 110).

66 User of vehicle to stop when required and give name and address, etc
  • [Repealed]

    Section 66 was substituted, as from 24 October 1969, by section 10 Transport Amendment Act (No 2) 1969 (1969 No 137).

    Section 66 was substituted, as from 2 December 1970, by section 7 Transport Amendment Act 1970 (1970 No 136).

    Section 66 was substituted, as from 11 December 1988, by section 10 Transport Amendment Act 1988 (1988 No 170).

    Subsection (1)(a) was amended, as from 1 July 1992, by section 12(1) Transport Amendment Act (No 2) 1992 (1992 No 67) by omitting the words cap, hat or helmet identifying the officer as a traffic officer, and substituting the words distinctive cap, hat, or helmet, with a badge of authority affixed thereto.

    Subsection (1)(a) was substituted, as from 1 April 1993, by section 25 Transport Amendment Act (No 3) 1992 (1992 No 108).

    Subsection (2)(b) was amended, as from 1 April 1993, by section 25 Transport Amendment Act (No 3) 1992 (1992 No 108) by inserting the words and date of birth, or any of those particulars.

    Subsection (2)(b)(i) was amended, as from 20 August 1993, by section 35(1) Land Transport Act 1993 (1993 No 88) by substituting the words and date of birth, or such of those particulars as the constable or traffic officer may specify for the words and date of birth, or any of those particulars.

    Subsection (4) was amended, as from 1 October 1989, by section 10(4) Transport Amendment Act 1989 (1989 No 77) by substituting the expression section 30AA for the expression section 30.

    Subsection (5) was amended, as from 1 July 1992, by section 12(2) Transport Amendment Act (No 2) 1992 (1992 No 67) by substituting the words a non-sworn member of the Police for the words an officer of the Department.

    Section 66 was repealed, as from 1 March 1999, by section 214(1) Land Transport Act 1998 (1998 No 110).

66A Entry on premises for purpose of exercising powers in relation to breath-alcohol offences
  • [Repealed]

    Section 66A was inserted, as from 20 December 1989, by section 2 Transport Amendment Act (No 2) 1989 (1989 No 158).

    Subsection (1) was amended, as from 1 July 1992, by section 13(1) Transport Amendment Act (No 2) 1992 (1992 No 67) by substituting the words a non-sworn member of the Police for the words an officer of the Department.

    Subsection (2)(a) was amended, as from 1 July 1992, by section 13(1) Transport Amendment Act (No 2) 1992 (1992 No 67) by inserting the words as a constable or traffic officer.

    Subsection (4) was substituted, as from 1 July 1992, by section 13(1) Transport Amendment Act (No 2) 1992 (1992 No 67).

    Section 66A was repealed, as from 1 March 1999, by section 214(1) Land Transport Act 1998 (1998 No 110).

67 Owner or hirer to give information as to identity of driver or passenger
  • (1) On being informed of any offence alleged to have been committed by a driver of a motor vehicle while in charge thereof (whether the offence is an offence against this Act or any other enactment or any bylaw), and on being requested so to do by a constable or traffic officer or parking warden, whether orally or in writing, the owner of that vehicle, and also in the case of a vehicle let on hire, the person to whom it is let on hire, shall, within 14 days after the receipt of the request, give all information in his possession or obtainable by him which may lead to the identification and apprehension of the driver.

    (2) On being informed of any offence alleged to have been committed by a passenger in or through the use of a motor vehicle where that use relates to the commission of the offence or the aiding of the commission of the offence or the assisting of that passenger to avoid arrest in connection with or conviction for that offence (whether the offence is one against this Act or any other enactment or bylaw), and on being requested so to do by a constable or traffic officer or parking warden, whether orally or in writing, the owner and the driver of that vehicle, and also in the case of a vehicle let on hire, the person to whom it is let on hire, shall, within 14 days after the receipt of the request, give all information in his possession or obtainable by him which may lead to the identification and apprehension of the passenger.

    (3) Every person commits an offence who—

    • (a) Fails to comply with subsection (1) or subsection (2) of this section; or

    • (b) Gives any information in response to a request made under either of these subsections knowing that the information is false or misleading.

    (4) Every person who commits an offence against subsection (3) of this section is liable on conviction to a fine not exceeding $2,000.

    Subsection 67 was substituted, as from 19 November 1971, by section 11(1) Transport Amendment Act 1971 (1971 No 57). Subsection (1) still follows substantially the original section 67. The time limit of 14 days was introduced in 1970.

    Subsections (1) and (2) amended, as from 1 August 1987, by section 18 Transport Amendment Act 1987 (1987 No 96) by inserting the words or parking warden.

    Subsection (3) was inserted, as from 11 December 1988, by section 11 Transport Amendment Act (No 2) 1988 (1988 No 170).

    Subsection (4) was inserted, as from 1 April 1993, by section 26 Transport Amendment Act (No 3) 1992 (1992 No 108).

68 Power of Court to order attendance at traffic improvement or defensive driving course
  • [Repealed]

    Section 68 was substituted, as from 1 December 1983, by section 18(1) Transport Amendment Act (No 3) 1983 (1983 No 35).

    Sections 68 and 68A were repealed, as from 1 March 1999, by section 214(1) Land Transport Act 1998 (1998 No 110).

68A Court may order driving test
  • [Repealed]

    Section 68A was inserted, as from 20 October 1966, by section 14 Transport Amendment Act 1966 (1966 No 107).

    Subsection (2) was amended, as from 20 August 1993, by section 35(1) Land Transport Act 1993 (1993 No 88) by substituting the word Authority for the words Secretary for Transport.

    Subsection (3) was amended, as from 20 August 1993, by section 35(1) Land Transport Act 1993 (1993 No 88) by substituting the word Authority for the word Department.

    Subsection (4) was amended, as from 20 August 1993, by section 35(1) Land Transport Act 1993 (1993 No 88) by substituting the word Authority for the words Secretary for Transport.

    Subsections (7) was amended, as from 20 August 1993, by section 35(1) Land Transport Act 1993 (1993 No 88) by substituting the word Authority for the words Secretary for Transport.

    Subsection (8) was repealed, as from 30 April 1986, by section 53 Transport (Vehicle and Driver Registration and Licensing) Act 1986 (1986 No 6).

    Subsection (9) proviso amended, as from 30 April 1986, by section 53 Transport (Vehicle and Driver Registration and Licensing) Act 1986 (1986 No 6) by substituting the words section 38(1) of the Transport (Vehicle and Driver Registration and Licensing) Act 1986 for the words subsection (2) of section 25 of this Act, and nothing in the proviso to that subsection shall apply.

    Subsection (10) was inserted, as from 1 August 1987, by section 19 Transport Amendment Act 1987 (1987 No 96).

    Sections 68 and 68A were repealed, as from 1 March 1999, by section 214(1) Land Transport Act 1998 (1998 No 110).

68B Powers of constables and traffic officers
  • [Repealed]

    Sections 68B, 68C, and 68D were inserted, as from 24 November 1967, by section 8(1) Transport Amendment Act (No 2) 1967 (1967 No 153).

    Subsection (1) was amended, as from 16 December 1983, by section 16(3) Public Works Amendment Act 1983 by inserting the words , and section 148 of the Public Works Act 1981 and any regulations in force under section 243(1)(a) of that Act,.

    Subsection (1)(a) was substituted, as from 1 August 1987, by section 20(1) Transport Amendment Act 1987 (1987 No 96).

    Subsection (1)(a) was amended, as from 1 April 1993, by section 27 Transport Amendment Act (No 3) 1992 (1992 No 108) by inserting the words and date of birth, or any of those particulars,.

    Subsection (1)(c) was substituted, as from 17 December 1980, by section 9(1) Transport Amendment Act 1980 (1980 No 96).

    Subsection 1(c)(ii) was amended, as from 1 August 1987, by section 20(3) Transport Amendment Act 1987 (1987 No 96) by substituting the words where it does not constitute a traffic hazard for the words of safety.

    Subsection (1) was amended, as from 1 July 1992, by section 14(1) Transport Amendment Act (No 2) 1992 (1992 No 67) by inserting the words , and the Transport (Vehicle and Driver Registration and Licensing) Act 1986 and any regulations or notices in force under that Act.

    Subsection (1A) was inserted, as from 20 October 1972, by section 9(1) Transport Amendment Act 1972 (1972 No 129).

    Subsections (1B) and (1C) were inserted, as from 1 August 1987, by section 20(2) Transport Amendment Act 1987 (1987 No 96).

    Subsection (1C) was amended, as from 1 July 1992, by section 14(2) Transport Amendment Act (No 2) 1992 (1992 No 67) by substituting the words a non-sworn member of the Police for the words an officer of the Department.

    Subsection (2A) was inserted, as from 20 October 1972, by section 9(2) Transport Amendment Act 1972 (1972 No 129).

    Subsection (2A) was amended, as from 20 August 1993, by section 35(1) Land Transport Act 1993 (1993 No 88) by substituting the words a person for the words an officer of the Department.

    Subsection (2A)(b) was amended, as from 20 August 1993, by section 35(1) Land Transport Act 1993 (1993 No 88) by substituting the words a person for the word officer.

    Subsection (2A)(c) was amended, as from 20 August 1993, by section 35(1) Land Transport Act 1993 (1993 No 88) by substituting the words a person authorised by the Director for the words an officer of the Department.

    Subsection (2B) was inserted, as from 20 October 1972, by section 9(2) Transport Amendment Act 1972 (1972 No 129).

    Subsection (2C) was inserted, as from 29 October 1974, by section 20(2) Transport Amendment Act 1974 (1974 No 61).

    Subsections (4) and (5) were inserted, as from 17 December 1980, by section 9(1) Transport Amendment Act 1980 (1980 No 96).

    Section 68B was repealed, as from 1 March 1999, by section 214(1) Land Transport Act 1998 (1998 No 110).

68BA Powers of parking wardens
  • (1) Any parking warden in uniform or in possession of any warrant or other evidence of authority as a parking warden is hereby authorised to enforce the provisions and offences specified or referred to in Schedule 2A to this Act.

    (2) Any parking warden in uniform or in possession of any warrant or other evidence of authority as a parking warden may—

    • (a) Direct any person on any road, and apparently in charge of or in any vehicle, to furnish the person's name and address and give any other particulars required as to the person's identity, and give such information as is within the person's knowledge and as may lead to the identification of the driver or person in charge of any vehicle:

    • (b) If the parking warden believes on reasonable grounds that a vehicle on a road causes an obstruction in the road or to any vehicle entrance to any property, or that the removal of the vehicle is desirable in the interests of road safety or for the convenience or in the interests of the public,—

      • (i) Enter, or authorise another person to enter, the vehicle for the purpose of moving it or preparing it for movement; and

      • (ii) Move, or authorise another person to move, the vehicle to any place where it does not constitute a traffic hazard:

    • (c) Direct the driver or person in charge of any vehicle on any road to remove the vehicle from the road or any specified part of any road, if the parking warden believes on reasonable grounds that it causes an obstruction in the road or to any vehicle entrance to any property, or that its removal is desirable in the interests of road safety or for the convenience or in the interests of the public.

    (3) Every person commits an offence who fails to comply with any direction given under subsection (2)(a) of this section or who gives in response to a direction under that provision any information that the person knows to be false.

    (4) Every person to whom any direction is given under the authority of this section shall comply with that direction, and no person shall do any act that is for the time being forbidden by any direction given under the authority of this section.

    (5) Any person who is authorised by a parking warden to—

    • (a) Enter a vehicle for the purpose of moving it or preparing it for movement; or

    • (b) Move a vehicle to a place where it does not constitute a traffic hazard—

    may do so, but shall do everything reasonably necessary to ensure that the vehicle is not damaged in the course thereof.

    (6) Any person who—

    • (a) Has possession of a vehicle as a result of its being moved under subsection (1)(b) of this section; and

    • (b) When requested at any reasonable time to do so by a person who produces satisfactory evidence to the effect that the person was lawfully entitled to possession of the vehicle immediately before it was moved, fails to deliver possession of the vehicle to that person forthwith—

    commits an offence against this Act, and is liable to a fine not exceeding $1,000.

    Section 68BA was inserted, as from 1 August 1987, by section 21(1) Transport Amendment Act 1987 (1987 No 96).

    Subsection (1) was amended, as from 15 November 2000, by section 3 Transport Amendment Act 2000 (2000 No 85) by inserting the words and offences after the word provisions.

68C Drivers and pedestrians to comply with traffic directions
  • [Repealed]

    Sections 68B, 68C, and 68D were inserted, as from 24 November 1967, by section 8(1) Transport Amendment Act (No 2) 1967 (1967 No 153).

    Section 68C was repealed, as from 1 March 1999, by section 214(1) Land Transport Act 1998 (1998 No 110).

68D Jurisdiction of traffic officers
  • [Repealed]

    Sections 68B, 68C, and 68D were inserted, as from 24 November 1967, by section 8(1) Transport Amendment Act (No 2) 1967 (1967 No 153).

    Section 68D was substituted, as from 1 November 1983, by section 19(1) Transport Amendment Act (No 3) 1983 (1983 No 35).

    Subsection (1) was amended, as from 1 July 1992, by section 15(1) Transport Amendment Act 1992 (1992 No 67) by substituting the words a non-sworn member of the Police for the words an officer of the Department, or a traffic officer who is appointed as such by a territorial authority.

    Subsection (2)(a) and (b) were amended, as from 1 July 1992, by section 15(2) Transport Amendment Act 1992 (1992 No 67) by substituting the words is employed for the words has been appointed.

    Section 68D was repealed, as from 1 March 1999, by section 214(1) Land Transport Act 1998 (1998 No 110).

68E Search warrants relating to road user charges offences
  • (1) A search warrant issued under section 198(1) of the Summary Proceedings Act 1957 in relation to any offence that involves road user charges matters may be directed—

    • (a) To any traffic officer by name, being a traffic officer authorised by the Commissioner to execute search warrants; or

    • (b) Generally to every such traffic officer; or

    (2) Where any search warrant to which this section relates is directed to any traffic officer by name or generally to every traffic officer authorised to execute search warrants, the Summary Proceedings Act 1957 shall apply in all respects as if every reference therein to a constable included a traffic officer.

    (3) Any traffic officer executing any search warrant shall, when reasonably requested to do so, produce evidence of the traffic officer's authority from the Commissioner to execute such warrants.

    Section 68E was inserted, as from 1 October 1989, by section 11 Transport Amendment Act 1989 (1989 No 77).

    Subsections (1)(a) and (3) were amended, as from 1 July 1992, by section 16 Transport Amendment Act (No 2) 1992 (1992 No 67) by substituting the word Commissioner for the word Secretary.

Heavy traffic

69 Limitation of weight of motor vehicles for use on road
  • [Repealed]

    Section 69 was repealed, as from 1 January 1970, by section 11 Transport Amendment Act (No 2) 1969 (1969 No 137).

69A Powers of traffic officers in respect of heavy motor vehicles
  • [Repealed]

    Section 69A was inserted, as from 1 April 1969, by section 22 Transport Amendment Act 1968 (1968 No 148).

    Subsection (1)(c) was substituted, as from 1 April 1978, by section 25(2) Road User Charges Act 1977 (1977 No 124).

    Subsection (1)(c) was substituted, as from 1 August 1987, by section 22(1) Transport Amendment Act 1987 (1987 No 96).

    Subsection (1) was amended, as from 1 July 1992, by section 17(1)(a) Transport Amendment Act 1992 (1992 No 67) by inserting the words constable or.

    Subsection (1A) was inserted, as from 1 August 1987, by section 22(2) Transport Amendment Act 1987 (1987 No 96).

    Subsection (1A) was amended, as from 1 July 1992, by section 17(1)(b) Transport Amendment Act 1992 (1992 No 67) by inserting the words constable or.

    Subsection (2) was substituted, as from 1 January 1970, by section 12 Transport Amendment Act (No 2) 1969 (1969 No 137).

    Subsection (2) was substituted, and subsection (2A) was inserted, as from 29 October 1974, by section 21(1) Transport Amendment Act 1974 (1974 No 61).

    Subsection 2 was amended, as from 1 February 1989, by section 12(1) Transport Amendment Act (No 2) 1988 (1988 No 170) by substituting the expression 10 percent for the expression 20 percent or more or by 5,000 kilograms.

    Subsection 2 was amended, as from 1 July 1992, by section 17(1)(c) Transport Amendment Act 1992 (1992 No 67) by inserting the words constable or.

    Subsection (2) was substituted, and subsection (2AA) was inserted, as from 29 July 1995, by section 2(1) Transport Amendment Act 1995 (1995 No 44). See section 14 of that Act as to the transitional provisions.

    Subsection (2A) was amended, as from 1 February 1989, by section 12(2) Transport Amendment Act (No 2) 1988 (1988 No 170) by substituting the expression 10 percent for the expression 20 percent or more or by 5,000 kilograms.

    Subsection (2A) was amended, as from 1 July 1992, by section 17(1)(c) Transport Amendment Act 1992 (1992 No 67) by inserting the words constable or.

    Subsection (2A) was amended, as from 1 July 1992, by section 17(1)(c) Transport Amendment Act 1992 (1992 No 67) by inserting the words constable or.

    Subsection (3) was repealed, as from 1 January 1970, by section 12 Transport Amendment Act 1969 (1969 No 137).

    Subsection (3) was inserted, as from 1 August 1987, by section 22(3) Transport Amendment Act 1987 (1987 No 96).

    Subsection (3) was substituted, as from 29 July 1995, by section 2(2) Transport Amendment Act 1995 (1995 No 44). See section 14 of that Act as to the transitional provisions.

    Subsection (4)(a) was amended, as from 1 August 1987, by section 22(4) Transport Amendment Act 1987 (1987 No 96) by omitting the words subsection (1) or.

    Subsection (4)(a) was amended, as from 1 July 1992, by 17(1)(d) Transport Amendment Act 1992 (1992 No 67) by inserting the words constable or.

    Subsection (4)(c) was amended, as from 1 July 1992, by 17(1)(d) Transport Amendment Act 1992 (1992 No 67) by inserting the words constable or.

    Subsection (4)(d) was amended, as from 29 October 1974, by section 21(2)(b) Transport Amendment Act 1974 (1974 No 61) by substituting the words or subsection (2A) for the words or subsection (3).

    Subsection (5) was substituted, as from 1 July 1992, by section 17(2) Transport Amendment Act 1992 (1992 No 67).

    Section 69A was repealed, as from 1 March 1999, by section 214(1) Land Transport Act 1998 (1998 No 110).

69B Overloading offences
  • [Repealed]

    Section 69B was inserted, as from 1 April 1969, by section 23 Transport Amendment Act 1968 (1968 No 148).

    Section 69B was substituted, as from 1 November 1987, by section 23(1) Transport Amendment Act 1987 (1987 No 96).

    Section 69B was repealed, as from 1 March 1999, by section 214(1) Land Transport Act 1998 (1998 No 110).

69C Overloading of Crown vehicles
  • [Repealed]

    Section 69C was inserted, as from 1 April 1969, by section 23 Transport Amendment Act 1968 (1968 No 148).

    Section 69C was substituted, as from 1 November 1987, by section 23(1) Transport Amendment Act 1987 (1987 No 96).

    Section 69C was amended, as from 1 July 1992, by section 18(1)(a) Transport Amendment Act (No 2) 1992 (1992 No 67) by substituting the words chief executive for the words Permanent Head wherever they appeared.

    Section 69C was amended, as from 1 July 1992, by section 18(1)(b) Transport Amendment Act (No 2) 1992 (1992 No 67) by substituting the word Commissioner for the word Secretary wherever they appeared.

    Subsection (2) was amended, as from 1 July 1992, by section 18(1)(c) Transport Amendment Act (No 2) 1992 (1992 No 67) by inserting the words constable or in the two places where they appear.

    Subsections (4) and (5) were substituted, and (6) was inserted, as from 1 November 1989, by section 12(1) Transport Amendment Act 1989 (1989 No 77).

    Section 69C was repealed, as from 1 March 1999, by section 214(1) Land Transport Act 1998 (1998 No 110).

69D Removal and retention of hubodometers by authorised officers
  • (1) Any constable, traffic officer who is a non-sworn member of the Police, or officer of the Department authorised by the Director to exercise any powers under this section (in this section each referred to as an authorised officer) may remove or require the removal from any motor vehicle on any road of any hubodometer for the purpose of inspection to determine whether the hubodometer has been modified or tampered with.

    (2) Any authorised officer may seize and retain for the purposes of any criminal proceedings, or any proceedings under section 18A of the Road User Charges Act 1977, any hubodometer on any motor vehicle on any road, or any hubodometer removed from any such vehicle pursuant to subsection (1) of this section, where the authorised officer believes on reasonable grounds that the hubodometer has been modified or tampered with (otherwise than in accordance with section 22A of the Road User Charges Act 1977), or bears a serial number common to any other hubodometer of the same make.

    (3) Any authorised officer may seize and retain for the purposes of any criminal proceedings, or any proceedings under section 18A of the Road User Charges Act 1977, any licence carried or displayed in or on any motor vehicle on any road, or produced to the authorised officer by any person, where the authorised officer believes on reasonable grounds that the licence has been altered or is expired, invalid, or a forgery.

    (4) Where any hubodometer or licence is retained by an authorised officer under this section the operator of the vehicle from which the hubodometer is removed or to which the licence relates may cause the vehicle to be moved for such distance, not exceeding 100 kilometres, as may be necessary for the purpose of obtaining a replacement hubodometer or licence, or both; and the vehicle shall be deemed for the purposes of the Road User Charges Act 1977 to be fitted with a proper hubodometer or to have a valid licence displayed, or both, as the case may require, while it is being moved as permitted by this section.

    (5) Every person commits an offence and is liable on conviction to a fine not exceeding $5,000 who fails to comply with or does any act in contravention of any direction given under this section.

    Section 69D was inserted, as from 1 April 1969, by section 23 Transport Amendment Act 1968 (1968 No 148), and repealed, as from 1 November 1987, by section 6, 1987 No 96.

    The current section 69D was inserted, as from 1 October 1989, by section 13(1) Transport Amendment Act 1989 (1989 No 77).

    Subsection (1) was amended, as from 1 July 1992, by section 19(1) Transport Amendment Act (No 2) 1992 (1992 No 67) by substituting the words a non-sworn member of the Police for the words an officer of the Department.

    Subsection (5) was substituted, as from 29 July 1995, by section 4 Transport Amendment Act 1995 (1995 No 44). See section 14 of that Act as to the transitional provisions.

70 Strict liability for offences involving insecure loads and loads falling from heavy vehicles
  • [Repealed]

    Section 70 was repealed, as from 2 December 1970, by section 10 Transport Amendment Act 1970 (1970 No 136).

    Sections 70 and 70A were inserted, as from 1 February 1986, by section 5(1) Transport Amendment Act (No 3) 1985 (1985 No 126).

    Subsection (6) was amended, as from 20 August 1993, by section 35(1) Land Transport Act 1993 (1993 No 88) by substituting the word Authority for the word Director.

    Subsection (7)(b) was repealed, as from 1 November 1987, by section 2(9) Transport Amendment Act 1987 (1987 No 96).

    Section 70 was repealed, as from 1 March 1999, by section 214(1) Land Transport Act 1998 (1998 No 110).

70A Constable or traffic officer to order stopping of heavy motor vehicle until load is secured
  • [Repealed]

    Sections 70 and 70A were inserted, as from 1 February 1986, by section 5(1) Transport Amendment Act (No 3) 1985 (1985 No 126).

    Section 70A was amended, as from 1 July 1992, by section 20 Transport Amendment Act (No 2) 1992 (1992 No 67) by inserting the words constable or before the words traffic officer wherever they occur.

    Section 70A was repealed, as from 1 March 1999, by section 214(1) Land Transport Act 1998 (1998 No 110).

70AA Restriction of heavy traffic on roads
  • (1) The Minister in the case of a Government road, Transit New Zealand in the case of a State highway the control of which has not been delegated to a territorial authority under Part 4 of the Transit New Zealand Act 1989, and the territorial authority in the case of any road under its control, may from time to time, by public notice, direct that any heavy traffic, or any specified kind of heavy traffic defined in the notice, shall not proceed between any 2 places by way of any road or roads specified in the notice.

    (2) A copy of every notice under this section shall be displayed in at least 1 prominent position on every road to which the notice applies.

    (3) Every person commits an offence who contravenes the requirements of any notice under this section unless the person proves that there was no other way reasonably available for the traffic concerned.

    Section 70AA was inserted, as from 1 October 1989, by section 14(1) Transport Amendment Act 1989 (1989 No 77).

Driving hours and logbooks

70B Driving hours
  • (1) No person shall drive any heavy motor vehicle, or any vehicle that is being used under a transport service licence (other than a rental service licence) or in circumstances in which it ought to be being used under such a licence, or any 2 or more such vehicles, and no person shall operate any such vehicle or vehicles, in such a manner that any one person—

    • (a) Drives any such vehicle for a continuous period exceeding 5 ½ hours; or

    • (b) In respect of any 24-hour period during which the person drives any such vehicle—

      • (i) Spends more than a total of 11 hours in driving any such vehicle; or

      • (ii) Works or is on duty for more than a total of 14 hours within that period; or

      • (iii) Does not have at least 9 consecutive hours off duty within that period (not being a 24-hour period that commences during the currency of any such 9-hour off duty period); or

    • (c) Does not have at least 24 consecutive hours off duty after driving for 66 hours or being on duty for 70 hours, whichever first occurs (which 66-hour or 70-hour periods shall be reckoned as from the close of the most recent 24 consecutive hours off duty and shall include all periods of driving or being on duty, as the case may be).

    (2) For the purposes of this section and of section 70C of this Act—

    • (a) Any 2 or more periods spent in driving shall be deemed to be a single continuous period unless separated by an interval of not less than half an hour which is available to the driver for rest or during which the driver is off duty:

    • (b) No period shall be counted as available for rest if it is spent by the driver in or on any vehicle referred to in subsection (1) of this section, being a vehicle connected with the driver's business or employment, while that vehicle is moving:

    • (c) The terms working and on duty include engaging in any of the following activities:

      • (i) Driving a vehicle referred to in subsection (1) of this section:

      • (ii) Loading or unloading any such vehicle or waiting for the loading or unloading of any such vehicle:

      • (iii) Maintenance, cleaning (other than unpaid cleaning that occurs during any off duty period of not less than 24 hours), or other activities relating to any such vehicle:

      • (iv) Any other activity (whether or not it relates to a vehicle of any kind) relating to the provision of transport services for passengers or goods:

      • (v) Any paid employment of any kind (whether or not it relates to any transport service or to any vehicle of any kind), including any period of paid employment that is, or is set aside for or available as, a rest period; but does not include paid leave of any kind, or any other period for which payment is made but during which the person is not required to perform any duties unless that period is a period when the person is to be regarded as working or on duty by virtue of any of subparagraphs (i) to (iv) of this paragraph:

    • (d) A person shall be deemed to be off duty only when that person is not working or on duty within the meaning of paragraph (c) of this subsection.

    (3) The requirements of this section shall apply in respect of any vehicle referred to in subsection (1) of this section whether or not the vehicle is engaged in any transport service or is carrying any load or passengers at any time.

    (4) The Director may grant partial or total written exemptions from some or all of the requirements of this section in respect of any driver or operator, any class of driver or operator, any service or occasion, any class of services or occasions, or any time spent on any activity or employment, and may impose conditions relating to the exemption and the records to be kept of driving or time spent in terms of the exemption.

    (5) Any exemption granted under subsection (4) of this section may be amended or revoked at any time by the Director in writing.

    (6) Every person who drives a vehicle referred to in subsection (1) of this section, and every person who employs any such person, shall make all relevant time records, wage records, and related employment records in the possession or control of the person available for immediate inspection on demand at any reasonable time by a constable or a traffic officer who is a non-sworn member of the Police or by an employee of the Authority authorised in writing by the Director in respect of the particular case.

    (6A) Every constable, traffic officer, or authorised employee of the Authority to whom records are made available for inspection under subsection (6) of this section shall be entitled to make copies of those records.

    (7) Every person commits an offence who fails to comply with any of the requirements of this section or the conditions of any exemption granted under subsection (4) of this section, and is liable on conviction—

    • (a) In the case of a driver, to a fine not exceeding $2,000, and the person shall be disqualified from holding or obtaining a licence to drive a heavy motor vehicle and any vehicle being used in the relevant transport service for a period of 1 calendar month or such greater period as the Court thinks fit:

    • (b) In any other case, to a fine not exceeding $10,000.

    (8) It shall be a defence in any proceedings for an offence of failing to comply with this section if the defendant proves that the failure to comply with this section was due to unavoidable delay in the completion of any journey arising out of circumstances that could not reasonably have been foreseen by the defendant.

    (9) Nothing in this section applies in respect of any goods service vehicle fitted with 2 axles and having a manufacturer's gross laden weight of less than 14 tonnes that—

    • (a) Is used within a radius of 50 kilometres of—

      • (i) The business location of the operator of the vehicle; or

      • (ii) The normal base of operation for the vehicle; but

    • (b) Is not used for hire or reward.

    Sections 70B, 70C, and 70D were inserted, as from 1 August 1987, by section 24 Transport Amendment Act 1987 (1987 No 96).

    Sections 70B, 70C, and 70D were substituted, as from 1 November 1989, by section 15(1) Transport Amendment Act 1989 (1989 No 77).

    Subsection (1) was amended, as from 1 April 1993, by section 28(1) Transport Amendment Act (No 3) 1992 (1992 No 108) by substituting 9 and 9 hour for 10 and 10 hour respectively.

    Subsection (1)(c) was inserted, as from 1 April 1993, by section 28(1) Transport Amendment Act (No 3) 1992 (1992 No 108).

    Subsection (6) was amended, as from 1 July 1992, by section 21 Transport Amendment Act (No 2) 1992 (1992 No 67) by inserting the words a constable or a traffic officer who is a non-sworn member of the Police or by.

    Subsection (6) was amended, as from 20 August 1993, by section 35(1) Land Transport Act 1993 (1993 No 88) by substituting the word Authority for the word Director.

    Subsection (6) was amended, as from 1 March 1999, by section 215(1) Land Transport Act 1998 (1998 No 110) by substituting the words employee of the Authority for the words officer of the Authority

    Subsections (6)(a) was amended, as from 1 March 1999, by section 215(1) Land Transport Act 1998 (1998 No 110) by substituting the words authorised employee of the Authority for the words authorised officer of the Authority

    Subsection (6A) was inserted, as from 29 July 1995, by section 4 Transport Amendment Act 1995 (1995 No 44). See section 14 of that Act as to the transitional provisions.

    Subsection (9) was inserted, as from 1 April 1993, by section 28(3) Transport Amendment Act (No 3) 1992 (1992 No 108).

    Subsection (9) was amended, as from 20 July 2005, by section 103(3) Railways Act 2005 (2005 No 37) by omitting the words any rail service vehicle, or in respect of. See sections 105 to 111 of that Act as to the transitional provisions.

70C Driver logbooks
  • (1) Every driver of any vehicle to which this section applies shall maintain a logbook, which shall be in a form approved by the Director, containing a clear and legible record of—

    • (a) The driver's name and residential address; and

    • (b) All periods spent—

      • (i) In driving any vehicle referred to in section 70B(1) of this Act; and

      • (ii) Working or on duty; and

      • (iii) As rest periods (being periods of not less than half an hour); and

      • (iv) Off duty; and

    • (c) The relevant starting and finishing dates, times, and (except in the case of off duty periods) places of the periods referred to in paragraph (b) of this subsection; and

    • (d) The registration number of each vehicle driven; and

    • (e) Where the vehicle is required to be fitted with a distance recorder by or under the Road User Charges Act 1977, the distance recorder readings at the start and finish of each period of driving.

    (2) Every logbook required to be maintained under subsection (1) of this section shall be maintained by the driver in respect of a period of at least 10 days after the last day on which any period spent driving any vehicle is or ought to have been recorded.

    (3) Except as provided in subsection (4) of this section—

    • (a) The date, time, and place of commencement of every period required by subsection (1) of this section to be entered in a logbook, and (where driving is involved in any such period) the relevant distance recorder reading and vehicle registration number, shall be entered in the driver's logbook at the commencement of that period; and

    • (b) The date, time, and place of finishing of any such period, and, where appropriate, the relevant distance recorder reading, shall be entered in the driver's logbook at the finish of that period.

    (4) Where 2 or more periods spent in driving are deemed by section 70B(2)(a) of this Act to constitute a single continuous period—

    • (a) The driver may enter the relevant dates, times, and places of commencement and finishing, and (except where more than 1 vehicle is driven) the relevant distance recorder readings and vehicle registration number, as if those 2 or more periods were a single period spent in driving; but

    • (b) Where the driver so elects, the total of those 2 or more periods, together with any time spent between those periods (whether or not such time is actually spent in driving) shall be treated for the purposes of section 70B(1)(a) and (b) of this Act as a single continuous period spent in driving.

    (5) Every driver shall—

    • (a) Retain every logbook required to be maintained by the driver under subsection (1) of this section for a period of 12 months after the date of the last entry in the logbook; and

    • (b) In the case of a driver who is an employee, deliver a copy of the logbook to the driver's employer as soon as practicable after the expiry of 10 days after the last entry in the logbook, and the employer shall retain the copy of the logbook for a period of 12 months after the date of the last entry in the logbook.

    (6) Every driver of any vehicle to which this section applies shall carry with him or her at all times when driving a vehicle to which section 70B of this Act applies, and shall (on demand by any constable, traffic officer, or any employee of the Authority authorised in writing in that behalf by the Director) forthwith produce, any current logbook relating to that day and the previous 10 days that the driver is required by this section to maintain.

    (6A) Where the form of the logbook required to be maintained under subsection (1) of this section includes an identical copy made simultaneously with the original of that logbook, and the logbook has been produced to a constable, traffic officer, or employee of the Authority authorised in writing in that behalf by the Director, in accordance with subsection (6) of this section, that constable, traffic officer, or authorised employee of the Authority shall be entitled, on demand,—

    • (a) To remove that identical copy; or

    • (b) Where that identical copy has previously been removed or is illegible, to make a copy of the logbook.

    (6B) Where an approved alternative record is being kept under this Act and that record has been produced in accordance with subsection (6) of this section to a constable, traffic officer, or employee of the Authority authorised in accordance with that subsection, that constable, traffic officer, or authorised employee of the Authority shall be entitled to make a copy of that record.

    (7) Every person who is required to retain any logbook or any copy of any logbook under subsection (5) of this section shall make it and any relevant time records, wage records, and related employment records available for immediate inspection on demand by a constable or a traffic officer who is a non-sworn member of the Police or by the Director or an employee of the Authority at any reasonable time during the period for which it is required to be retained.

    (7A) Any person to whom any logbook or any copy of any logbook or records are required to be made available for inspection under subsection (7) of this section shall be entitled to make a copy of that logbook or that copy or those records.

    (8) Every person who fails to comply with any requirement of or demand made under subsection (5) or subsection (6) or subsection (6A) or subsection (6B) or subsection (7) or subsection (7A) of this section commits an offence and is liable on conviction—

    • (a) In the case of a driver, to a fine not exceeding $2,000, and the person shall, unless the Court for special reasons relating to the offence thinks fit to order otherwise, be disqualified from holding or obtaining a licence to drive a heavy motor vehicle and any vehicle being used in the relevant transport service for a period of 1 calendar month or such greater period as the Court thinks fit:

    • (b) In any other case, to a fine not exceeding $10,000.

    (9) Except as provided in any notice given under subsection (10) of this section, or as provided in subsection (11) of this section, this section applies in respect of—

    • (a) All passenger service vehicles:

    • (b) All goods-service vehicles that have more than 2 axles:

    • (c) All goods-service vehicles that have a gross laden weight of 3,500 kilograms or more:

    • (d) All goods-service vehicles while being used in conjunction with any other vehicle where the total number of axles of the vehicles exceeds 3:

    • (e) All vehicles operated (or that should be operated) under a vehicle recovery service licence:

    • (f) Any vehicle or service or class of vehicle or service that is declared by the Governor-General, by Order in Council, to be a vehicle or service or class of vehicle or service to which this section shall apply.

    (9A) Notwithstanding anything in this section,—

    • (a) The Director may approve the use of an alternative means of recording particulars required by this section to be recorded in a logbook; and may at any time in writing revoke any such approval; and

    • (b) The provisions of subsections (1) to (9) of this section shall apply with any necessary modifications to a record kept by such an approved alternative means (in this section and in section 70D of this Act referred to as an approved alternative record) as if the record were a logbook; and

    • (c) The use of an approved alternative record in accordance with this subsection shall be sufficient compliance with the requirements of this section.

    (10) This section shall not apply in respect of any vehicle or service or class of vehicle, or of any person or class of person, declared by the Director, by notice in the Gazette, to be exempt from this section. Any such exemption may be amended or revoked at any time by the Director in writing.

    (10A) Any approval under subsection (9A) of this section and any exemption under subsection (10) of this section may at any time be made subject to such conditions as the Director may specify in writing and any such conditions may in like manner be amended or revoked.

    (11) Nothing in this section shall apply in respect of the driving of any vehicle—

    • (a) Operated by the Armed Forces, any ambulance service, any firefighting service, or the Police:

    • (b) Owned and operated by a local authority while the vehicle is being used in a rubbish collection service:

    • (c) Operated by a passenger service operator whose drivers are working approved rosters of timetabled services (being rosters approved by the Director) over distances no greater than 100 kilometres from terminus to terminus.

    Sections 70B, 70C, and 70D were inserted, as from 1 August 1987, by section 24 Transport Amendment Act 1987 (1987 No 96).

    Sections 70B, 70C, and 70D were substituted, as from 1 November 1989, by section 15(1) Transport Amendment Act 1989 (1989 No 77).

    Subsection (6) was amended, as from 20 August 1993, by section 35(1) Land Transport Act 1993 (1993 No 88) by substituting the word Authority for the word Minister.

    Subsections (6) and (7) were amended, as from 1 March 1999, by section 215(1) Land Transport Act 1998 (1998 No 110) by substituting the words employee of the Authority for the words officer of the Authority

    Subsections (6A) and (6B) were inserted, as from 29 July 1995, by section 5(1) Transport Amendment Act 1995 (1995 No 44). See section 14 of that Act as to the transitional provisions.

    Subsections (6A) and (6B) were amended, as from 1 March 1999, by section 215(1) Land Transport Act 1998 (1998 No 110) by substituting the words employee of the Authority for the words officer of the Authority. They were further amended by section 215(1) of that Act by substituting the words authorised employee of the Authority for the words authorised officer of the Authority

    Subsection (7) was amended, as from 1 July 1992, by section 22 Transport Amendment Act (No 2) 1992 (1992 No 67) by inserting in subs (7) the words a constable or a traffic officer who is a non-sworn member of the Police or by.

    Subsection (7) was amended, as from 20 August 1993, by section 35(1) Land Transport Act 1993 (1993 No 88) by substituting the word Authority for the word Minister.

    Subsection (7A) was inserted, as from 29 July 1995, by section 5(2) Transport Amendment Act 1995 (1995 No 44). See section 14 of that Act as to the transitional provisions.

    Subsection (8) was amended, as from 1 April 1993, by section 29(1) Transport Amendment Act (No 3) 1992 (1992 No 108) by inserting the words or subsection (6).

    Subsection (8) was amended, as from 29 July 1995, by section 5(3) Transport Amendment Act 1995 (1995 No 44) by substituting the words subsection (6A) or subsection (6B) or subsection (7) or subsection (7A) for the expression subsection (7). See section 14 of that Act as to the transitional provisions.

    Subsection (9A) was inserted, as from 1 April 1993, by section 29(2) Transport Amendment Act (No 3) 1992 (1992 No 108).

    Subsection (10) was amended, as from 1 April 1993, by section 29(1) Transport Amendment Act (No 3) 1992 (1992 No 108) by inserting the words , or of any person or class of person,.

    Subsection (10A) was inserted, as from 1 April 1993, by section 29(4) Transport Amendment Act (No 3) 1992 (1992 No 108).

70D Offences and proceedings concerning logbooks and driving hours
  • (1) Every person commits an offence who—

    • (a) Maintains an approved logbook or approved alternative record under section 70C of this Act while maintaining any other approved logbook or approved alternative record under that section; or

    • (b) Makes or causes to be made any false statement in the logbook or approved alternative record, or allows any omission to occur in the logbook or other record.

    (2) Every person commits an offence who, being the driver of a vehicle to which section 70C of this Act applies,—

    • (a) On demand by a constable, traffic officer, or any employee of the Authority authorised in writing in that behalf by the Director, fails forthwith to produce all logbooks and other records of driving hours that are so demanded; or

    • (b) On demand by a constable, traffic officer, or any employee of the Authority authorised in writing in that behalf by the Director, produces any logbook or other record of driving hours that is false in a material particular, whether or not the driver knows of the falsehood; or

    • (c) On demand by a constable, traffic officer, or any employee of the Authority authorised in writing in that behalf by the Director, produces any logbook or other record of driving hours—

      • (i) That omits a material particular, whether or not the driver knows of the omission; or

      • (ii) In which any material particular is entered illegibly or in such a manner that the matters specified in section 70C(1) of this Act cannot be readily ascertained.

    (3) Every person, not being the driver of the vehicle, commits an offence where the person causes or permits a vehicle to which section 70C of this Act applies to be used and—

    • (a) A logbook or approved alternative record is not maintained in respect of the driving of that vehicle, whether or not the person knows that a logbook is not maintained; or

    • (b) The logbook or approved alternative record maintained in respect of the driving of that vehicle is false in a material particular, whether or not the person knows of the falsehood; or

    • (c) The logbook or approved alternative record maintained in respect of the driving of that vehicle omits a material particular, whether or not the person knows of the omission.

    (4) It shall be a defence to a charge under subsection (1) or subsection (2) or subsection (3) of this section if the defendant proves that the proceedings relate to a motor vehicle that has been exempted from the requirements of this section by a notice given under section 70C(10) of this Act.

    (5) In the case of a defendant who was not the driver of the vehicle to which the charge relates, it shall be a defence to a charge under subsection (1), or under paragraph (b) or paragraph (c) of subsection (3), of this section if the defendant proves that—

    • (a) Reasonable steps were taken by the defendant to prevent the false statement or material omission in the logbook or approved alternative record; and

    • (b) As soon as reasonably practicable after the false statement or material omission was drawn to the person's attention by any constable, traffic officer, or other authorised person authorised to demand the production of logbooks or approved alternative records under section 70C(6) of this Act, the person produced to the constable or officer or other person a logbook or approved alternative record containing no false statement or material omission.

    (6) Except as provided in subsection (7) of this section, subsection (5) of this section shall not apply unless within 7 days after the service of the summons, or within such further time as the Court may allow, the defendant has delivered to the prosecutor a written notice—

    • (a) Stating that the defendant intends to rely on subsection (5) of this section; and

    • (b) Specifying the reasonable steps that the defendant will claim to have taken.

    (7) In any proceedings relating to a charge to which subsection (5) of this section applies, evidence that the defendant took a step not specified in the written notice required by subsection (6) of this section shall not, except with the leave of the Court, be admissible for the purpose of supporting a defence under subsection (5) of this section.

    (8) In proceedings for an offence against section 70B of this Act, or subsection (1) or subsection (2) or subsection (3) of this section,—

    • (a) Evidence given by a constable, traffic officer, or other person authorised to demand the production of logbooks or approved alternative records under section 70C(6) of this Act, or by any person who had that status at the time when the alleged offence was committed, as to the contents of any logbook or approved alternative record as seen and recorded by that person at the time it was produced; and

    • (b) An identical copy of any logbook removed, or a copy of any logbook or approved alternative record made, by a constable, traffic officer, or other person in accordance with subsection (6A) or subsection (6B) of section 70C of this Act,—

    shall be sufficient evidence of the contents of that logbook or approved alternative record, until the contrary is proved by production to the Court of the logbook or approved alternative record or of an identical copy of the logbook or approved alternative record made simultaneously with the original logbook or the approved alternative record.

    (9) In any proceedings in respect of an offence against section 70B of this Act it shall be presumed, until the contrary is proved, that the contents of any logbook produced to a constable, traffic officer, or other authorised person authorised to demand production of the logbook are an accurate statement of the truth of the matter required to be recorded in the logbook by section 70C of this Act.

    (10) Every person who commits an offence against this section is liable on conviction—

    • (a) In the case of a driver to a fine not exceeding $2,000, and the person shall, unless the Court for special reasons relating to the offence thinks fit to order otherwise, be disqualified from holding or obtaining a licence to drive a heavy motor vehicle and any vehicle being used in the relevant transport service for a period of 1 calendar month or such greater period as the Court thinks fit:

    • (b) In any other case, to a fine not exceeding $10,000.

    Sections 70B, 70C, and 70D were inserted, as from 1 August 1987, by section 24 Transport Amendment Act 1987 (1987 No 96).

    Sections 70B, 70C, and 70D were substituted, as from 1 November 1989, by section 15(1) Transport Amendment Act 1989 (1989 No 77).

    Subsection (1) was substituted, as from 1 April 1993, by section 30(1) Transport Amendment Act (No 3) 1992 (1992 No 108).

    Subsection (2) was substituted, as from 1 April 1993, by section 30(1) Transport Amendment Act (No 3) 1992 (1992 No 108).

    Subsection (2) was amended, as from 20 August 1993, by section 35(1) Land Transport Act 1993 (1993 No 88) by substituting the word Authority for the word Director.

    Subsection (3) was amended, as from 1 April 1993, by section 30(2) Transport Amendment Act (No 3) 1992 (1992 No 108) by inserting the words or approved alternative record.

    Subsections (3)(a) to (c) were amended, as from 1 March 1999, by section 215(1) Land Transport Act 1998 (1998 No 110) by substituting the words employee of the Authority for the words officer of the Authority

    Subsection (5) was amended, as from 1 April 1993, by section 30(3)(a) Transport Amendment Act (No 3) 1992 (1992 No 108) by inserting the words or approved alternative record.

    Subsection (5) was amended, as from 1 April 1993, by section 30(3)(b) Transport Amendment Act (No 3) 1992 (1992 No 108) by inserting the words or approved alternative records.

    Subsection (5) was amended, as from 20 August 1993, by section 35(1) Land Transport Act 1993 (1993 No 88) by substituting the word Authority for the word Director.

    Subsection (5)(d) was amended, as from 1 March 1999, by section 215(1) Land Transport Act 1998 (1998 No 110), by substituting the words other person for the words officer of the Authority and also by inserting after the words constable or officer the words or other authorised person.

    Subsection (8) was amended, as from 1 April 1993, by section 30(3)(a) Transport Amendment Act (No 3) 1992 (1992 No 108) by inserting the words or approved alternative record.

    Subsection (8) was amended, as from 1 April 1993, by section 30(3)(b) Transport Amendment Act (No 3) 1992 (1992 No 108) by inserting the words or approved alternative records.

    Subsection (8) was amended, as from 20 August 1993, by section 35(1) Land Transport Act 1993 (1993 No 88) by substituting the word Authority for the word Director.

    Subsection (8) was substituted, as from 29 July 1995, by section 6 Transport Amendment Act 1995 (1995 No 44). See section 14 of that Act as to the transitional provisions.

    Subsections (8)(a) and (8)(b) were amended, as from 1 March 1999, by section Land Transport Amendment Act 1998 (1998 No 110) by substituting the words other person for the words officer of the Authority.

    Subsection (9) was amended, as from 1 March 1999, by section 215(1) Land Transport Amendment Act 1998 (1998 No 110) by substituting the words or other authorised person for the words or other officer.

Hazardous substances

70E Definition of hazardous substance, etc
  • [Repealed]

    Sections 70E to 70H were inserted, as from 1 May 1990, by section 16(1) Transport Amendment Act 1989 (1989 No 77).

    Section 70E was amended, as from 20 August 1993, by section 35(1) Land Transport Act 1993 (1993 No 88) by substituting the word Authority for the word Minister.

    Subsection (1) was amended, as from 30 April 1997, by section 6(1) Transport Amendment Act 1997 (1997 No 3) by substituting the words sections 70F to 70K for the words sections 70F to 70H.

    Subsection (1) Hazardous substance enforcement officer or enforcement officer, Operator, Premises, and Rail service operator: these definitions were inserted, as from 30 April 1997, by section 6(2) Transport Amendment Act 1997 (1997 No 3).

    Sections 70E to 70K were repealed, as from 3 May 1999, by section 214(2) Land Transport Act 1998 (1998 No 110). See clause 2 Land Transport (Commencement of Repeals) Order (No 2) 1999 (SR 1999/97).

70F Duties of operators of vehicles transporting hazardous substances
  • [Repealed]

    Sections 70E to 70H were inserted, as from 1 May 1990, by section 16(1) Transport Amendment Act 1989 (1989 No 77).

    Subsections (1A) and (1B) were inserted, as from 1 April 1993, by section 31(1) Transport Amendment Act (No 3) 1992 (1992 No 108).

    Subsections (1) and (2) were amended, as from 1 April 1993, by section 31(1) Transport Amendment Act (No 3) 1992 (1992 No 108) by omitting the words (other than a rental service vehicle).

    Sections 70E to 70K were repealed, as from 3 May 1999, by section 214(2) Land Transport Act 1998 (1998 No 110). See clause 2 Land Transport (Commencement of Repeals) Order (No 2) 1999 (SR 1999/97).

70G Consignors to advise of presence of hazardous substances
  • [Repealed]

    Sections 70E to 70H were inserted, as from 1 May 1990, by section 16(1) Transport Amendment Act 1989 (1989 No 77).

    Subsection (1A) was inserted, as from 1 April 1993, by section 32 Transport Amendment Act (No 3) 1992 (1992 No 108).

    Sections 70E to 70K were repealed, as from 3 May 1999, by section 214(2) Land Transport Act 1998 (1998 No 110). See clause 2 Land Transport (Commencement of Repeals) Order (No 2) 1999 (SR 1999/97).

70H Drivers to have licence with hazardous substances endorsement
  • [Repealed]

    Sections 70E to 70H were inserted, as from 1 May 1990, by section 16(1) Transport Amendment Act 1989 (1989 No 77).

    Subsection (1)(a) was amended, as from 1 April 1993, by substituting the expression section 48(2)(e) for the expression section 48(2)(d).

    Subsection (1)(a) was amended, as from 1 March 1999, by section 215(1) Land Transport Act 1998 (1998 No 110), by substituting the words driver licence for the words driver's licence, and by omitting the words under section 48(2)(e) of the Transport (Vehicle and Driver Registration and Licensing) Act 1986.

    Subsections (2A) and (2B) were inserted, as from 30 April 1997, by section 7 Transport Amendment Act 1997 (1997 No 3).

    Subsections (2A) and (2B) were repealed, as from 1 March 1999, by section 214(1) Land Transport Act 1998 (1998 No 110).

    Subsection (4) was inserted, as from 1 April 1993, by section 34(2) Transport Amendment Act (No 3) 1992 (1992 No 108).

    Sections 70E to 70K were repealed, as from 3 May 1999, by section 214(2) Land Transport Act 1998 (1998 No 110). See clause 2 Land Transport (Commencement of Repeals) Order (No 2) 1999 (SR 1999/97).

70I Power to stop vehicles for breach of hazardous substances provision
  • [Repealed]

    Sections 70I and 70J were inserted, as from 1 April 1993, by section 33 Transport Amendment Act (No 3) 1992 (1992 No 108).

    Subsection (1) was amended, as from 30 April 1997, by section 8(1) Transport Amendment Act 1997 (1997 No 3) by inserting the words there is no breach or that.

    Subsections (1A) and (3) were inserted, as from 30 April 1997, by section 8(2) Transport Amendment Act 1997 (1997 No 3).

    Sections 70E to 70K were repealed, as from 3 May 1999, by section 214(2) Land Transport Act 1998 (1998 No 110). See clause 2 Land Transport (Commencement of Repeals) Order (No 2) 1999 (SR 1999/97).

70IA Power to inspect rail service vehicles
70IB Power to inspect premises used for loading
70J Heavy motor vehicles of or over 3,500 kg to comply with hazardous substances requirements
  • [Repealed]

    Sections 70I and 70J were inserted, as from 1 April 1993, by section 33 Transport Amendment Act (No 3) 1992 (1992 No 108).

    Sections 70E to 70K were repealed, as from 3 May 1999, by section 214(2) Land Transport Act 1998 (1998 No 110). See clause 2 Land Transport (Commencement of Repeals) Order (No 2) 1999 (SR 1999/97).

70K Director and Commissioner of Police may appoint hazardous substance enforcement officers
71 Restriction of heavy traffic on roads
  • [Repealed]

    Section 71 was repealed, as from 1 October 1989, by section 14 Transport Amendment Act 1989 (1989 No 77).

Hovercraft

71A Use of hovercraft on or over any roads
  • [Repealed]

    Section 71A was inserted, as from 24 November 1967, by section 9(1) Transport Amendment Act (No 2) 1967 (1967 No 153).

    Section 71A was repealed, as from 1 March 1999, by section 214(1) Land Transport Act 1998 (1998 No 110).

Bylaws

72 Bylaws as to the use of roads
  • (1) Subject to the provisions of this Act or of any other enactment in respect of any of the matters referred to in this subsection, any Minister of the Crown in respect of any roads under his control, or any local authority in respect of any roads under its control, may from time to time make bylaws for any of the following purposes:

    • (a) Providing for the weighing or measurement of loads of vehicles, or for the computation of the weight or measurement of loads from the cubical or superficial measurements thereof; prescribing what quantity of any material shall for the purpose of such computation be conclusively deemed to be a specified weight or measurement; and providing for the drivers of vehicles giving such information as to the loads thereof and as to the quantity, weight, size, or measurement of the loads, or doing such things for the purpose of enabling the same to be ascertained, as may be requested by any person authorised in that behalf:

    • (b) Regulating the weights of vehicles or loads that may pass over bridges or culverts:

    • (c) Prohibiting, either absolutely or conditionally, the crossing of any bridge or culvert by horses, cattle, sheep, pigs, or other animals, and regulating the times at which or the manner in which any vehicles, horses, cattle, sheep, pigs, or other animals may cross or be taken over any bridge or culvert:

    • (d) Prescribing the routes by which and the times at which horses, cattle, sheep, pigs, or other animals, or specified classes of vehicles may pass over any such roads; and prohibiting the driving of loose horses, cattle, sheep, pigs, or other animals along any such road, otherwise than at the times and by the routes so prescribed, except with the permission of the said Minister or of the local authority, as the case may be, and on such conditions as the said Minister or the local authority, as the case may be, thinks fit:

    • (dd)