New Zealand Legislation: Acts
Acts are laws made by Parliament
(1) Subject to subsections (3), (3A), (3B), (3C), and (4) but without limiting subsection (2), every person who—
(b) subject to section 7(2), alters or defaces any licence; or
(ba) contravenes section 10A; or
(c) operates on a road any motor vehicle bearing a licence that has been altered or defaced or that is in any way obscured or not easily distinguishable; or
(ca) operates on a road any motor vehicle for which a licence is required that does not have such a licence displayed as required by section 19; or
(d) displays or causes to be displayed on any motor vehicle anything (not being a licence) that is likely to be mistaken for a licence; or any licence that is not current (other than a licence that immediately precedes, or immediately follows, the current licence) or is no longer valid or that does not relate to the motor vehicle; or
(e) operates any motor vehicle that has displayed on it anything (not being a licence) that is likely to be mistaken for a licence, or any licence that is not current (other than a licence that immediately precedes, or immediately follows, the current licence) or is no longer valid or that does not relate to the motor vehicle; or
(ea) fails without reasonable excuse to comply with any requirement made under section 17A(1); or
(eb) fails to produce any licence when required to do so under section 19(2); or
(f) makes any application under this Act that he knows or ought to know is incorrect in a material particular; or
(fa) contravenes section 22A or section 22B; or
(faa) operates a motor vehicle to which this Act applies with a hubodometer purchased on or after the commencement of this paragraph, unless the hubodometer is sealed in accordance with section 22B(4); or
(fb) operates a motor vehicle to which this Act applies which is fitted with a hubodometer which is designed for a tyre size other than that on the wheel to which the hubodometer is fitted unless the prior written approval of the Secretary for Transport is obtained; or
(fc) operates a motor vehicle on a road in circumstances in which the operator of the vehicle knew or ought to have known that the hubodometer fitted to that vehicle has been damaged in a manner that affects its accuracy, or has been tampered with, or has been modified or repaired other than as permitted under this Act; or
(g) alters or wilfully damages any distance recorder fitted to a motor vehicle to which this Act applies—
commits an offence against this Act, and is liable on summary conviction to a fine not exceeding $3,000.
(1A) Without limiting subsection (1), every person who contravenes section 22A or section 22B with the intention of avoiding any liability of that person or any other person under this Act commits an offence against this Act and is liable on summary conviction to a fine not exceeding $15,000.
(2) Subject to subsections (3), (3A), (3B), (3C), and (4) but without limiting subsection (1), where—
(b) an application for a licence for a motor vehicle is made that is incorrect in a material particular—
the owner of the motor vehicle commits an offence against this Act, and is liable on summary conviction to a fine not exceeding $15,000.
(2A) It shall be a defence in proceedings for an offence against paragraph (d) or paragraph (e) or paragraph (eb) of subsection (1) if the defendant produces proof of purchase of a licence under section 10(5).
(3) It shall be a defence in proceedings for an offence of operating a motor vehicle on a road without the appropriate distance licence or supplementary licence if the defendant proves that—
(a) it was not possible to obtain the licence at any time during the period between the time when the need for the licence was reasonably foreseeable by the defendant or any employee or agent thereof, and the time when the alleged offence was committed; and
(b) an appropriate licence covering the distance for which the motor vehicle was on a road in contravention of this Act was obtained for the motor vehicle forthwith after the commission of the alleged offence.
(3A) It shall be a defence in proceedings for an offence of operating a motor vehicle on a road when the reading of the distance recorder is more than the maximum reading specified in the licence displayed in the vehicle at the time of the offence, if the court is satisfied that—
(a) the reading of the distance recorder did not exceed by more than 500 kilometres that maximum reading; and
(b) the gross weight of the motor vehicle was not more than the maximum gross weight specified in that licence; and
(c) as soon as reasonably practical after the offence was drawn to the attention of the defendant, a further licence was purchased specifying not less than the maximum gross weight of the motor vehicle and for a distance of not less than the amount by which the reading of the distance recorder exceeded the maximum reading of the licence displayed in the vehicle at the time of the offence.
(3B) It shall be a defence in proceedings for an offence of operating a motor vehicle on a road when the gross weight of that motor vehicle is more than the maximum gross weight specified in the licence carried or displayed on that motor vehicle, if the court is satisfied that, having regard to the maximum gross weights specified in the licences carried or displayed on any other attached vehicles, and to the actual gross weights of those attached vehicles, sufficient payment has been made in total to cover the charges that apply for the actual loadings on the individual vehicles at the time of the offence.
(3C) It shall be a defence in proceedings for an offence of operating a motor vehicle on a road when the distance licence carried or displayed on the motor vehicle specifies the wrong vehicle type number of that motor vehicle if the defendant proves that—
(a) the vehicle was fitted with a lifting axle which was not transmitting a portion of the weight of the vehicle to the roadway at the time of the offence; and
(b) the vehicle was unladen, except for normal operating gear; and
(c) the lifting axle was capable of being altered by the fitted device so as to transmit to the roadway a portion of the weight of the vehicle; and
(d) if the lifting axle had been transmitting a portion of the weight of the vehicle to the roadway at the time of the offence, the vehicle type number specified on the licence would have been correct for the motor vehicle.
(3D) For the purposes of subsection (3C), a lifting axle is an axle which is fitted with a device to alter the distribution of weight between the axles of a heavy motor vehicle.
(4) It shall be a defence in proceedings for an offence of operating a motor vehicle on a road without a proper working distance recorder if the defendant proves that—
(a) a distance recorder was fitted to the motor vehicle at the time; and
(b) it was not possible to obtain and fit a properly working distance recorder to the motor vehicle, or to repair the distance recorder fitted to the motor vehicle, during the period between the time of the damage to or malfunction of the distance recorder fitted to the motor vehicle and the time when the alleged offence was committed; and
(c) a properly working distance recorder was fitted to the motor vehicle, or the distance recorder fitted to the motor vehicle was repaired, forthwith after the commission of the alleged offence.
(4A) Every person—
(a) who is summoned under section 18B and who fails or refuses to appear before the Judge at the time specified by the Judge, or to take oath as a witness before the Judge; or
(b) who is sworn as a witness at an inquiry held under section 18A and who fails or refuses to answer any question put to him regarding the subject of the inquiry; or
(c) who fails or refuses to produce any document or thing for the inspection of the Judge, or of any person authorised by the Judge for this purpose, when required to do so pursuant to section 18B(1)(b)—
commits an offence against this Act, and is liable on summary conviction to a fine not exceeding $1,000:
provided that no person shall be convicted of an offence against paragraph (a) unless, at the time of the service of the summons or at some other reasonable time before the date on which that person was required to attend, there was paid or tendered to that person a sum sufficient to provide for his reasonable travel expenses in attending the inquiry.
(5) Notwithstanding section 14 of the Summary Proceedings Act 1957, any information in respect of any offence against this Act or against any regulations made thereunder may be laid at any time within 2 years from the time when the matter of the information arose.
(6) Any offence against this Act that is specified in Schedule 4 as an excess weight offence or a distance recorder offence or as an infringement offence under the Land Transport Act 1998 may be proceeded with as an infringement offence in accordance with the Land Transport Act 1998.
(7) For the avoidance of doubt, it is hereby declared that, in any proceedings for an offence of operating a motor vehicle on a road in contravention of section 5 or section 6, it is not necessary for the prosecution to prove that any licence required to be carried on the vehicle either had been or had not been displayed in accordance with section 19.
(8) Where a person breaches the requirements of a licence in more than 1 particular, each such breach, to the extent that it constitutes an offence against this Act, constitutes a separate offence.
Section 23(1): amended, on 28 October 1986, by section 14(4)(a) of the Road User Charges Amendment Act 1986 (1986 No 77).
Section 23(1): amended, on 23 November 1979, by section 12(1)(a) of the Road User Charges Amendment Act 1979 (1979 No 65).
Section 23(1)(ba): inserted, on 1 April 1993, by section 12(1) of the Road User Charges Amendment Act 1992 (1992 No 114).
Section 23(1)(ca): inserted, on 1 October 1989, by section 14(1) of the Road User Charges Amendment Act 1989 (1989 No 79).
Section 23(1)(d): substituted, on 28 October 1986, by section 14(1) of the Road User Charges Amendment Act 1986 (1986 No 77).
Section 23(1)(e): substituted, on 28 October 1986, by section 14(1) of the Road User Charges Amendment Act 1986 (1986 No 77).
Section 23(1)(ea): inserted, on 1 October 1989, by section 14(2) of the Road User Charges Amendment Act 1989 (1989 No 79).
Section 23(1)(eb): inserted, on 1 October 1989, by section 14(2) of the Road User Charges Amendment Act 1989 (1989 No 79).
Section 23(1)(fa): inserted, on 23 November 1979, by section 12(3) of the Road User Charges Amendment Act 1979 (1979 No 65).
Section 23(1)(fa): amended, on 1 April 1993, by section 12(2) of the Road User Charges Amendment Act 1992 (1992 No 114).
Section 23(1)(faa): inserted, on 1 April 1993, by section 12(3) of the Road User Charges Amendment Act 1992 (1992 No 114).
Section 23(1)(fb): inserted, on 28 October 1986, by section 14(2) of the Road User Charges Amendment Act 1986 (1986 No 77).
Section 23(1)(fc): inserted, on 1 October 1989, by section 14(3) of the Road User Charges Amendment Act 1989 (1989 No 79).
Section 23(1A): inserted, on 1 October 1989, by section 14(4) of the Road User Charges Amendment Act 1989 (1989 No 79).
Section 23(1A): amended, on 1 April 1993, by section 12(4) of the Road User Charges Amendment Act 1992 (1992 No 114).
Section 23(2): amended, on 28 October 1986, by section 14(4)(b) of the Road User Charges Amendment Act 1986 (1986 No 77).
Section 23(2): amended, on 23 November 1979, by section 12(1)(b) of the Road User Charges Amendment Act 1979 (1979 No 65).
Section 23(2A): inserted, on 1 April 1993, by section 12(5) of the Road User Charges Amendment Act 1992 (1992 No 114).
Section 23(3): substituted, on 22 December 1980, by section 8 of the Road User Charges Amendment Act 1980 (1980 No 71).
Section 23(3A): inserted, on 21 September 1984, by section 2 of the Road User Charges Amendment Act 1984 (1984 No 5).
Section 23(3B): inserted, on 28 October 1986, by section 14(3) of the Road User Charges Amendment Act 1986 (1986 No 77).
Section 23(3B): amended, on 1 October 1989, by section 14(5) of the Road User Charges Amendment Act 1989 (1989 No 79).
Section 23(3C): inserted, on 28 October 1986, by section 14(3) of the Road User Charges Amendment Act 1986 (1986 No 77).
Section 23(3C): amended, on 1 October 1989, by section 14(5) of the Road User Charges Amendment Act 1989 (1989 No 79).
Section 23(3D): inserted, on 28 October 1986, by section 14(3) of the Road User Charges Amendment Act 1986 (1986 No 77).
Section 23(4): substituted, on 22 December 1980, by section 8 of the Road User Charges Amendment Act 1980 (1980 No 71).
Section 23(4A): inserted, on 22 December 1980, by section 8 of the Road User Charges Amendment Act 1980 (1980 No 71).
Section 23(6): substituted, on 10 May 2011, by section 100(3) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).
Section 23(7): added, on 29 July 1995, by section 2 of the Road User Charges Amendment Act 1995 (1995 No 46).
Section 23(8): added, on 30 April 1997, by section 3 of the Road User Charges Amendment Act 1997 (1997 No 7).
