Land Transport Act 1998

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Reprint
as at 1 October 2007

Land Transport Act 1998

Public Act1998 No 110
Date of assent8 December 1998

Note

Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this eprint.

A general outline of these changes is set out in the notes at the end of this eprint, together with other explanatory material about this eprint.

This Act is administered in the Ministry of Transport.


Contents

Title

General responsibilities

Responsibilities of road users under ordinary and emergency rules

Responsibilities concerning use of alcohol or drugs

Responsibilities of drivers and other road users concerning enforcement officers

Traction engine safety

Assessment criteria

Information requirements

Offences relating to driver licensing

Offences relating to driving (other than offences involving alcohol)

Offences relating to rules

Loading offences

Other offences

Offences and penalties

Defences

Repeat offences

Name suppression

Blood test fee

Enforcement procedures for offences involving intoxication

Evidential provisions

Disqualification

Disqualification of transport service driver and other persons

Suspension of transport service driver and other persons

Effect of disqualification or suspension of transport service driver and other persons

Demerit points system

Other penalties

Mandatory suspension of driver licence

Impoundment of vehicles

Removal of disqualifications

Removal of licence suspension and return of impounded vehicles

Grant of limited licence

Rights of appeal

Demerit points

General enforcement powers

Powers of entry, arrest, immobilisation, and impoundment

Enforcement powers for offences involving certain vehicles

Dangerous goods

Commencement of proceedings

Certain matters not defences

Infringement offences

Evidence

Emergency rules

General provisions concerning making of rules

Regulations

National land transport strategy

Regional land transport strategies

Role of Land Transport Safety Authority and Director

195 Service charter [Repealed]

Powers and additional functions of Authority and Director

Use of outside agencies in performance of functions

Delegations


An Act—

  • (a) To promote safe road user behaviour and vehicle safety; and

  • (b) To provide for a system of rules governing road user behaviour, the licensing of drivers, and technical aspects of land transport, and to recognise reciprocal obligations of persons involved; and

  • (c) To consolidate and amend various enactments relating to road safety and land transport; and

  • (d) To enable New Zealand to implement international agreements relating to road safety and land transport

BE IT ENACTED by the Parliament of New Zealand as follows:

1 Short Title and commencement
  • (1) This Act may be cited as the Land Transport Act 1998.

    (2) Sections 5(4), 23, 24, 25, 28, 31(1)(c), 95, 96(1), (2), (3), and (5), and 199 come into force on a date to be appointed by the Governor-General by Order in Council; and different dates may be appointed by 1 or more Orders in Council for different provisions.

    (3) The repeals specified in clauses 1 to 14 of Part 4 of Schedule 2 come into force on a date to be appointed by the Governor-General by Order in Council; and different dates may be appointed by 1 or more Orders in Council for different provisions in that schedule.

    (4) Section 214(3) comes into force on 1 July 2005.

    (5) The rest of this Act comes into force on 1 March 1999.

Part 1
Preliminary provisions

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

    Accompany, in relation to the accompanying of an enforcement officer to a place, includes remaining with an enforcement officer at a place whether or not a journey is involved

    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 purpose of propulsion of a vehicle

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

    Apparently younger than 20 has the same meaning as it has in section 71

    Approved analyst means—

    • (a) A person who is designated by the Science Minister, by notice in the Gazette, as the analyst in charge of an approved laboratory; or

    • (b) A person who works in an approved laboratory and who is authorised, by the analyst in charge of that laboratory, to act as an approved analyst, either generally or in a particular case:

    Approved health authority means an institution approved by the Minister, with the agreement of the Minister of Health, for the purposes of section 209

    Approved laboratory means a laboratory approved by the Science Minister, by notice in the Gazette, for the purposes of analysing blood specimens taken for the purposes of this Act

    approved taxi organisation means a taxi organisation approved or deemed to be approved by the Director under this Act, the regulations, or the rules

    Approved vehicle surveillance equipment means vehicle surveillance equipment of a kind approved by the Minister of Police, by notice in the Gazette

    Assessment Centre means an establishment for the time being approved as an Assessment Centre for the purposes of this Act by the chief executive of the Ministry of Health

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

    Authority: this definition was substituted, as from 1 December 2004, by section 3(1) and (2) Land Transport Amendment Act 2004 (2004 No 96). See section 12 of that Act for the transitional provisions relating to rules.

    Axle means 1 or more shafts, spindles, or bearings in the same vertical transverse plane by means of which, in conjunction with wheels mounted on those shafts, spindles, or bearings, a portion of the weight of the vehicle is transmitted to the roadway; and, except as the provisions of this Act or of the rules otherwise provide, the following provisions apply for the purposes of this Act and the regulations and rules

    • (a) If 2 or more wheels of a motor vehicle are substantially in the same line transversely and some or all of them have separate axles, the axles of all those wheels are to be treated as 1 axle:

    • (b) If the longitudinal centre line of an axle of a motor vehicle is less than 1 metre distant from the longitudinal centre line of another axle, the 2 axles are to be treated as 1 axle (a dual axle):

    • (c) For the purposes of measuring the distance of a dual axle from any other axle, the measurement must be taken from the longitudinal centre line of that 1 of the 2 axles comprising the dual axle which is nearer to the axle from which the distance is to be measured:

    Blood specimen means a specimen of venous blood taken in accordance with normal medical procedures

    Blood specimen collecting kit means a package having endorsed on it or affixed to it or included in it a label indicating that it is a blood specimen collecting kit and that it has been supplied by or on behalf of a laboratory for the time being approved by the Science Minister, by notice in the Gazette, for the purpose of supplying or causing to be supplied blood specimen collecting kits

    Blood test means the taking of a blood specimen for analysis

    Blood test fee means the blood test fee prescribed by the Minister of Police, by notice in the Gazette, under section 67

    Board

    [Repealed]

    Board: this definition was repealed, as from 13 November 2003, by section 90 Land Transport Management Act 2003 (2003 No 118). See sections 108 and 109 of that Act as to the savings provisions relating to regional land transport strategies.

    Board and Transfund

    [Repealed]

    Board and Transfund: this definition was inserted, as from 13 November 2003, by section 90 Land Transport Management Act 2003 (2003 No 118). See sections 108 and 109 of that Act as to the savings provisions relating to regional land transport strategies.

    Board and Transfund: this definition was repealed, as from 1 December 2004, by section 3(1) Land Transport Amendment Act 2004 (2004 No 96). See section 12 of that Act for the transitional provisions relating to rules.

    Breath screening device means a device of a kind approved for the purpose of breath screening tests by the Minister of Police, by notice in the Gazette

    Breath screening test means a test carried out by means of a breath screening device in a manner prescribed in respect of that device by the Minister of Police, by notice in the Gazette

    Carriage includes haulage

    certificate of compliance means a certificate given under section 75A by a person authorised by the Science Minister.

    certificate of compliance: this definition was inserted, as from 29 December 2001, by section 4(1) Land Transport (Road Safety Enforcement) Amendment Act 2001 (2001 No 104).

    Certificate of loading means a certificate of loading issued under the regulations or the rules

    Commissioner means the Commissioner of Police

    Conclusive evidential breath-testing device

    [Repealed]

    Conclusive evidential breath-testing device: this definition was repealed, as from 29 December 2001, by section 4(2) Land Transport (Road Safety Enforcement) Amendment Act 2001 (2001 No 104).

    control, in relation to a transport service or a proposed or approved taxi organisation, means direct or indirect control of the management of the whole or part of the transport service or taxi organisation by a shareholding or the holding of any position (however described) in the management of the whole or part of the transport service or taxi organisation that gives the person a significant influence on the operation of the whole or part of the service or organisation (whether or not other persons are also involved)

    Court means a District Court

    cumulative work day means a period—

    • (a) during which work occurs; and

    • (b) that—

      • (i) does not exceed 24 hours; and

      • (ii) begins after a continuous period of rest time of at least 10 hours

    cumulative work period means a set of cumulative work days between continuous periods of rest time of at least 24 hours

    Dangerous goods means goods declared by rules made under this Act to be dangerous goods

    Dangerous goods enforcement officer means a person appointed by warrant under section 208

    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

    Director means the Director of Land Transport appointed under section 186

    Director: this definition was amended, as from 1 December 2004, by section 3(3) Land Transport Amendment Act 2004 (2004 No 96) by omitting the word Safety. See section 12 of that Act for the transitional provisions relating to rules.

    Doctor's surgery means a medical practitioner's surgery or any other place where a medical examination or medical care or treatment is carried out or given

    Doctor's surgery: this definition was amended, as from 18 September 2004, by section 175(1) Health Practitioners Competence Assurance Act 2003 (2003 No 48) by omitting the word registered. See sections 178 to 227 of that Act as to the transitional provisions.

    Drink means alcoholic drink

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

    Driver licence means a licence to drive that is issued or has effect under this Act; and includes an endorsement on a driver licence

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

    • (a) the New Zealand Police, in any case:

    • (b) the Authority, in the case of an infringement offence for which an infringement notice is issued by an employee of the Authority or on behalf of the Authority:

    • (c) Transit, in the case of an infringement offence—

      • (i) that relates to the use of a special vehicle lane; and

      • (ii) for which an infringement notice is issued by an employee of Transit or on behalf of Transit:

    • (d) a local authority, in the case of an infringement offence—

      • (i) that relates to the use of a special vehicle lane; and

      • (ii) for which an infringement notice is issued by an employee of the local authority or on behalf of the local authority:

    • (e) a public road controlling authority that is an enforcement authority for the purposes of an Order in Council made under section 46 of the Land Transport Management Act 2003, in the case of an infringement offence that is a toll offence.

    Enforcement authority: paragraph (c) of this definition was inserted, as from 13 November 2003, by section 90 Land Transport Management Act 2003 (2003 No 118). See sections 108 and 109 of that Act as to the savings provisions relating to regional land transport strategies.

    Enforcement authority: this definition was substituted, as from 28 June 2006, by section 4(1) Land Transport Amendment Act (No 2) 2006 (2006 No 30). See sections 2(1) and 6(1)(a) of that Act as to the repeal of paras (c) and (d) of this definition on 1 July 2009. Section 6(2) of that Act provides that the repeal does not affect any proceedings commenced by a local authority or Transit, or any infringement fees collected (or to be collected) by a local authority, before that date.

    Enforcement officer means—

    • (a) A sworn member of the Police:

    • (b) A non-sworn member of the Police who is authorised for the purpose by the Commissioner:

    • (c) A person who is appointed to that office by warrant under section 208 or who holds that office by virtue of this Act:

    Evidence of vehicle inspection, in relation to a vehicle, means any certificate, label, or document issued under this Act as evidence of the completion of the periodic vehicle inspection requirements in respect of that vehicle

    Evidential breath test means a test carried out by means of an evidential breath-testing device in a manner prescribed in respect of that device by the Minister of Police, by notice in the Gazette

    Evidential breath-testing device means a device of a kind approved for the purpose of evidential breath tests by the Minister of Police, by notice in the Gazette

    Financial year, in relation to the Authority, means the period of 12 months commencing on 1 July and ending with the close of 30 June

    Fire brigade includes—

    • (a) A volunteer fire brigade, a defence fire brigade, and an industrial fire brigade (as those terms are defined in section 2 of the Fire Service Act 1975); and

    • (b) An airport fire brigade; and

    • (c) The employed firefighters or other members of any fire brigade referred to in this definition:

    Former enactment means a provision of the Transport Act 1962, or of Part 2 of the Transport (Vehicle and Driver Registration and Licensing) Act 1986, or of the Land Transport Act 1993, repealed by this Act

    Goods means all kinds of movable personal property; and includes articles sent by post, and animals

    goods service

    • (a) means the carriage of goods on any road, whether or not for hire or reward, by means of a motor vehicle whose gross laden weight is 6 000 kg or more; and

    • (b) includes the letting on hire of a motor vehicle whose gross laden weight is 6 000 kg or more by a person who drives the vehicle or provides a driver for the vehicle, where the motor vehicle is used for the carriage of goods; but

    • (c) does not include—

      • (i) a vehicle recovery service; or

      • (ii) a service involving the carriage of goods for personal domestic purposes where the service is not operated for more than a total of 7 days in any 12-month period; or

      • (iii) any carriage of goods by a passenger service vehicle where the carriage is part of a contract for the carriage of passengers or where the carriage is of such small amounts of goods, or occurs so infrequently, that it does not form a significant part of the overall operations of the vehicle; or

      • (iv) the use of trucks by licensed motor vehicle dealers to carry goods for demonstration and sale purposes; or

      • (v) the use of vintage vehicles to carry goods for display purposes; or

      • (vi) the use of trailers towed by small passenger service vehicles to carry passengers' luggage; or

      • (vii) any service specified as an exempt goods service in the regulations or the rules

    goods service licence means a licence granted or deemed to be granted under subpart 3 of Part 4A that authorises its holder to carry on a goods service

    goods service vehicle

    • (a) means a motor vehicle used or capable of being used in a goods service for the carriage of goods; but

    • (b) does not include a vehicle specified as an exempt goods service vehicle in the regulations or the rules

    Gross laden weight, in relation to a motor vehicle, means—

    • (a) The greatest of the following weights:

      • (i) A weight specified (subsequent to the latest modification specified, if any) as the gross laden weight of the vehicle by the manufacturer of the vehicle:

      • (ii) A weight specified as the gross laden weight of the vehicle, or of a vehicle of that kind, by or under the regulations or the rules:

      • (iii) The weight of the vehicle, together with the load that the vehicle is for the time being carrying, including equipment and accessories:

    • (b) If evidence is adduced in respect of any but not all of the 3 weights referred to in paragraph (a), the greater of the weights, or (as the case may be) the only weight, in respect of which evidence is adduced:

    • (c) If evidence is not adduced in respect of any of the weights referred to in paragraph (a), the total of the unladen weight of the vehicle and the weight of the maximum load that the vehicle may safely carry:

    Gross weight, in relation to a vehicle or combination of vehicles, means the weight of the vehicle or of the vehicles comprising the combination, together with the load that the vehicle or (as the case may be) the vehicles are for the time being carrying, including equipment and accessories; and, for the purposes of this Act and of the regulations and the rules, and without limiting the methods by which the gross weight of a vehicle may be determined, the gross weight of a vehicle may be determined by adding the weight on its axles or groups of axles

    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) having a gross laden weight exceeding 3500 kg

    Hospital means a licensed hospital as defined in section 2 of the Hospitals Act 1957

    Image, in relation to approved vehicle surveillance equipment, includes a photograph, an electronic form of information storage, and the display and transmission of any pictorial or digital information

    Infringement offence means—

    • (a) A moving vehicle offence:

    • (b) An overloading offence:

    • (ba) an offence against this Act concerning logbooks that is committed by a transport service driver:

    • (ca) a toll offence:

    • (d) Any other offence against this Act or any other enactment that is specified as an infringement offence against this Act (other than an offence that carries a penalty of imprisonment or mandatory disqualification from holding or obtaining a driver licence):

    Invalid carriage

    [Repealed]

    Invalid carriage: this definition was repealed, as from 22 June 2005, by section 4(2) Land Transport Amendment Act 2005 (2005 No 77). See sections 96 to 100 of that Act as to the transitional and savings provisions.

    Land transport means transport on land by any means and the infrastructure facilitating such transport; and includes rail, surface-effect vehicles, and harbour ferries

    Land transport documents means licences, permits, approvals, authorisations, exemptions, certificates, and similar documents issued under the Transport Act 1962, the Road User Charges Act 1977, the Transport (Vehicle and Driver Registration and Licensing) Act 1986, the Transit New Zealand Act 1989, the Transport Services Licensing Act 1989, or this Act

    Land Transport Register includes—

    • (b) Other information and records relating to vehicle and operator licensing kept by the Authority:

    large passenger service vehicle means any passenger service vehicle that is designed or adapted to carry more than 12 persons (including the driver)

    Licensed means,—

    • (a) In relation to a driver,—

      • (i) Licensed by or under this Act to drive vehicles of a specified class or classes; or

      • (ii) Licensed for a specified purpose or to carry out a specified activity, including an authority conferred by an endorsement on a driver licence:

    light rail vehicle has the same meaning as in section 4(1) of the Railways Act 2005

    light rail vehicle: this definition was inserted, 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.

    Light rental service vehicle means a rental service vehicle having a gross laden weight of not more than 3500 kg

    Load

    • (a) Includes part of a load; and

    • (b) Includes covers, ropes, ties, blocks, tackles, barrows, or other equipment or object used in the securing or containing of loads on vehicles or the loading or unloading of vehicles, whether or not any other load is on the vehicle; but

    • (c) Does not include animal wastes discharged from animals being carried on a vehicle at the time:

    local authority means any regional council or territorial authority within the meaning of the Local Government Act 2002

    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 that is in a form approved by the Director in accordance with the rules, and includes any alternative means approved under section 30ZG

    Mass, in relation to a vehicle, means the quantity of material contained in or on that vehicle that, when subjected to acceleration due to gravity, will exert downwards on a level surface a force that can be measured as the weight of the vehicle

    medical officer means—

    • (a) a person acting in a hospital and who, in the normal course of the person's duties, takes blood specimens; or

    • (b) a nurse; or

    • (c) a medical laboratory technologist

    medical officer: this definition was substituted, as from 18 September 2004, by section 175(1) Health Practitioners Competence Assurance Act 2003 (2003 No 48). See sections 178 to 227 of that Act as to the transitional provisions.

    medical laboratory technologist means a health practitioner who is, or is deemed to be, registered with the Medical Laboratory Science Board continued by section 114(1)(a) of the Health Practitioners Competence Assurance Act 2003 as a practitioner of the profession of medical laboratory science

    medical laboratory technologist: this definition was inserted, as from 18 September 2004, by section 175(1) Health Practitioners Competence Assurance Act 2003 (2003 No 48). See sections 178 to 227 of that Act as to the transitional provisions.

    medical practitioner means a health practitioner who is, or is deemed to be, registered with the Medical Council of New Zealand continued by section 114(1)(a) of the Health Practitioners Competence Assurance Act 2003 as a practitioner of the profession of medicine

    medical practitioner: this definition was inserted, as from 18 September 2004, by section 175(1) Health Practitioners Competence Assurance Act 2003 (2003 No 48). See sections 178 to 227 of that Act as to the transitional provisions.

    medical practitioner means a health practitioner who is, or is deemed to be, registered with the Medical Council of New Zealand continued by section 114(1)(a) of the Health Practitioners Competence Assurance Act 2003 as a practitioner of the profession of medicine

    medical practitioner: this definition was inserted, as from 18 September 2004, by section 175(1) Health Practitioners Competence Assurance Act 2003 (2003 No 48). See sections 178 to 227 of that Act as to the transitional provisions.

    Member means a person appointed as a member of the Authority

    Member: this definition was amended, as from 25 January 2005, by section 200 Crown Entities Act 2004 (2004 No 115) by omitting the words under section 184 of this Act.

    Minister means the Minister of the Crown who, under the authority of any warrant or with the authority of the Prime Minister, is for the time being responsible for the administration of this Act or the relevant Part or provision of this Act

    Minister: this definition was substituted, as from 1 December 2004, by section 3(1) and (2) Land Transport Amendment Act 2004 (2004 No 96). See section 12 of that Act for the transitional provisions relating to rules.

    Minister of Police means, subject to any enactment, the Minister who, under authority of any warrant or with the authority of the Prime Minister, is for the time being responsible for the Police

    Ministry means, subject to any enactment, the Ministry that is, with the approval of the Prime Minister, for the time being responsible for the administration of this Act

    mobility device means—

    • (a) a vehicle that—

      • (i) is designed and constructed (not merely adapted) for use by persons who require mobility assistance due to a physical or neurological impairment; and

      • (ii) is powered solely by a motor that has a maximum power output not exceeding 1 500 W; or

    • (b) a vehicle that the Director has declared under section 168A(1) to be a mobility device

    mobility device: this definition was inserted, as from 22 June 2005, by section 4(4) Land Transport Amendment Act 2005 (2005 No 77). See sections 96 to 100 of that Act as to the transitional and savings provisions.

    Motor vehicle

    • (a) Means a vehicle drawn or propelled by mechanical power; and

    • (b) Includes a trailer; but

    • (c) Does not include—

      • (i) A vehicle running on rails; or

      • (ii) [Repealed]

      • (iii) A trailer (other than a trailer designed solely for the carriage of goods) that is designed and used exclusively as part of the armament of the New Zealand Defence Force; or

      • (iv) A trailer running on 1 wheel and designed exclusively as a speed measuring device or for testing the wear of vehicle tyres; or

      • (v) A vehicle designed for amusement purposes and used exclusively within a place of recreation, amusement, or entertainment to which the public does not have access with motor vehicles; or

      • (vi) A pedestrian-controlled machine; or

      • (vii) a vehicle that the Director has declared under section 168A is not a motor vehicle; or

      • (viii) a mobility device

    Motor vehicle: paragraph (c)(ii) of this definition was repealed, as from 22 June 2005, by section 4(9) Land Transport Amendment Act 2005 (2005 No 77). See sections 96 to 100 of that Act as to the transitional and savings provisions.

    Motor vehicle: paragraph (c)(vi) of this definition was amended, as from 22 June 2005, by section 4(10) Land Transport Amendment Act 2005 (2005 No 77) by adding the word ; or. See sections 96 to 100 of that Act as to the transitional and savings provisions.

    Motor vehicle: paragraphs (c)(vii) and (viii) of this definition were inserted, as from 22 June 2005, by section 4(10) Land Transport Amendment Act 2005 (2005 No 77). See sections 96 to 100 of that Act as to the transitional and savings provisions.

    Moving vehicle offence means an offence detected by approved vehicle surveillance equipment that is—

    • (a) A speeding offence; or

    • (b) An offence in respect of the failure to comply with the directions given by a traffic signal; or

    • (d) a toll offence:

    Moving vehicle offence: paragraph (c) of this definition was amended, as from 13 November 2003, by section 90 Land Transport Management Act 2003 (2003 No 118) by inserting the expression ; or. See sections 108 and 109 of that Act as to the savings provisions relating to regional land transport strategies.

    Moving vehicle offence: paragraph (d) of this definition was inserted, as from 13 November 2003, by section 90 Land Transport Management Act 2003 (2003 No 118). See sections 108 and 109 of that Act as to the savings provisions relating to regional land transport strategies.

    National land transport strategy or strategy means a national land transport strategy completed by the Minister under section 170 of this Act, as from time to time amended under section 173 of this Act

    Novice driver has the meaning specified by the rules

    nurse means a health practitioner who is, or is deemed to be, registered with the Nursing Council of New Zealand continued by section 114(1)(a) of the Health Practitioners Competence Assurance Act 2003 as a practitioner of the profession of nursing whose scope of practice permits the performance of general nursing functions

    nurse: this definition was inserted, as from 18 September 2004, by section 175(1) Health Practitioners Competence Assurance Act 2003 (2003 No 48). See sections 178 to 227 of that Act as to the transitional provisions.

    Offence against this Act includes an offence against or prescribed by the regulations

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

    optometrist means a health practitioner who is, or is deemed to be, registered with the Optometrists and Dispensing Opticians Board continued by section 114(1)(a) of the Health Practitioners Competence Assurance Act 2003 as a practitioner of the profession of optometry.

    optometrist: this definition was inserted, as from 18 September 2004, by section 175(1) Health Practitioners Competence Assurance Act 2003 (2003 No 48). See sections 178 to 227 of that Act as to the transitional provisions.

    organised criminal activity means an activity that—

    • (a) involves 2 or more persons; and

    • (b) has the acquisition of income or assets by means of a continuing course of criminal conduct as one of its objects

    Outputs means the goods and services that are produced by the Authority

    Overloading offence means an offence against any enactment that is specified as an overloading offence by the regulations

    Owner, in relation to a motor vehicle, means the person lawfully entitled to possession of the vehicle, 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

    Participant, in relation to the land transport system, means a person who does anything for which a land transport document is required

    passenger service

    • (a) means—

      • (i) the carriage of passengers on any road for hire or reward by means of a motor vehicle; and

      • (ii) the carriage of passengers on any road, whether or not for hire or reward, by means of a large passenger service vehicle; and

    • (b) includes the carriage of passengers on any road—

      • (i) that involves a specific charge on passengers for transport, including part payments to cover fuel and donations (which are expected as a condition of carriage); or

      • (ii) by a person or an organisation that is funded by another person or organisation specifically for the provision of transport; or

      • (iii) in which the carriage of passengers is an integral part of, or reasonably necessary to provide, another service or activity (other than a transport service) for which payment is made

      • (iv) in which the carriage of passengers is made using the vehicle provided by one of the passengers and the driver is paid for the carriage; or

      • (v) that involves the letting on hire of a vehicle by a person who drives the vehicle or provides a driver for the vehicle if, during the hiring, the vehicle is used for the carriage of passengers; but

    • (c) does not include—

      • (i) private ambulance services provided by organisations primarily for their employees, being ambulance services that are available to the general public in an emergency only when public ambulance services cannot provide a service; or

      • (ii) any service using a vehicle that is specified as an exempt passenger service vehicle in the regulations or the rules; or

      • (iii) any service specified as an exempt passenger service in the regulations or the rules

    passenger service licence means a licence granted or deemed to be granted under subpart 3 of Part 4A that authorises its holder to carry on a passenger service

    passenger service vehicle

    • (a) means a vehicle used or available for use in a passenger service for the carriage of passengers; but

    • (b) does not include—

      • (i) a vehicle designed or adapted to carry 12 or fewer persons (including the driver) provided by one of the passengers being carried; or

      • (ii) a vehicle specified as an exempt passenger service vehicle in the regulations or the rules

    Passive breath-testing device means a passive breath-testing device of a kind approved by the Minister of Police, by notice in the Gazette

    Performance agreement

    [Repealed]

    Performance agreement: this definition was repealed, as from 1 December 2004, by section 3(1) Land Transport Amendment Act 2004 (2004 No 96). See section 12 of that Act for the transitional provisions relating to rules.

    Positive evidential breath test means an evidential breath test that indicates that the proportion of alcohol in the breath of the person who underwent the test,—

    • (a) In any case, exceeds 400 micrograms of alcohol per litre of breath; or

    • (b) In the case of a person who is apparently younger than 20, exceeds 150 micrograms of alcohol per litre of breath;—

    and positive, in relation to an evidential breath test, has a corresponding meaning

    Premises, in sections 130 and 131, includes a vehicle, rail vehicle, carriage, box, or receptacle; but does not include a dwelling or Maori reservation constituted by or under the Maori Affairs Act 1953 or Part 17 of Te Ture Whenua Maori Act 1993

    Premises: this definition was amended, as from 20 July 2005, by section 103(3) Railways Act 2005 (2005 No 37) by inserting the words rail vehicle, after the word vehicle,. See sections 105 to 111 of that Act as to the transitional provisions.

    Prescribed means,—

    • (a) In relation to a matter under this Act, prescribed by this Act or by regulations, rules, or notice made under this Act:

    • (b) In relation to a matter prescribed under any other enactment, prescribed in accordance with that enactment:

    Private analyst means a person qualified by academic or technical training in chemical or biochemical analysis; and includes a body corporate or organisation that employs such a person

    Proceedings, in relation to an infringement offence, means proceedings under the Summary Proceedings Act 1957; and includes the issue of an infringement notice under section 139

    rail operator has the same meaning as in section 4(1) of the Railways Act 2005

    rail operator: this definition was inserted, 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.

    rail participant has the same meaning as in section 4(1) of the Railways Act 2005

    rail participant: this definition was inserted, 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.

    Rail service operator

    [Repealed]

    Rail service operator: 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.

    Rail service vehicle

    [Repealed]

    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.

    rail vehicle has the same meaning as in section 4(1) of the Railways Act 2005

    rail vehicle: this definition was inserted, 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.

    regional council means a regional council within the meaning of the Local Government Act 2002

    Regional council: 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.

    Regional land transport strategy means a regional land transport strategy prepared under section 175

    Register of Motor Vehicles means a register kept under section 18 of the Transport (Vehicle and Driver Registration and Licensing) Act 1986

    Registered, in relation to a vehicle, means registered under the Transport (Vehicle and Driver Registration and Licensing) Act 1986

    Registered medical practitioner

    [Repealed]

    Registered medical practitioner: this definition was repealed, as from 18 September 2004, by section 175(1) Health Practitioners Competence Assurance Act 2003 (2003 No 48). See sections 178 to 227 of that Act as to the transitional provisions.

    Registered optometrist

    [Repealed]

    Registered optometrist: this definition was repealed, as from 18 September 2004, by section 175(1) Health Practitioners Competence Assurance Act 2003 (2003 No 48). See sections 178 to 227 of that Act as to the transitional provisions.

    The regulations means regulations made under this Act and the regulations referred to in section 218

    rental service means the letting of a motor vehicle on hire for the carriage of passengers (including the driver) or of goods, or both, to a person who drives the vehicle or provides a driver for the vehicle; but does not include—

    • (a) the letting of a motor vehicle under a hire purchase agreement or a bailment that is for a period exceeding 6 months; or

    • (b) the hiring of trailers with a gross laden weight not exceeding 3 500 kg; or

    • (c) any service specified as an exempt rental service in the regulations or the rules

    rental service licence means a licence granted or deemed to be granted under subpart 3 of Part 4A that authorises its holder to carry on a rental service

    rental service vehicle means a vehicle used or available for use in a rental service for letting on hire for the carriage of passengers or goods, or both, to a person who drives the vehicle or provides a driver for the vehicle; but does not include a vehicle specified as an exempt vehicle in this Act or the regulations or the rules

    Responsible clinician has the same meaning as it has in section 2(1) of the Mental Health (Compulsory Assessment and Treatment) Act 1992

    rest time means all time that—

    • (a) is not work time; and

    • (b) is at least 30 minutes in duration; and

    • (c) is not spent in a moving vehicle associated with work

    Road includes—

    • (a) A street; and

    • (b) A motorway; and

    • (c) A beach; and

    • (d) A place to which the public have access, whether as of right or not; and

    • (e) All bridges, culverts, ferries, and fords forming part of a road or street or motorway, or a place referred to in paragraph (d):

    • (f) All sites at which vehicles may be weighed for the purposes of this Act or any other enactment:

    Road controlling authority, in relation to a road,—

    • (a) Means the authority, body, or person having control of the road; and

    • (b) Includes a person acting under and within the terms of a delegation or authorisation given by the controlling authority:

    The rules means the ordinary rules and emergency rules made under this Act and the rules referred to in section 220

    Science Minister means, subject to any enactment, the Minister of the Crown who, under the authority of any warrant or with the authority of the Prime Minister, is for the time being responsible for the administration of the Foundation for Research, Science, and Technology Act 1990

    Secretary means the chief executive of the Ministry

    service, in Part 4A, includes—

    • (a) an operation carried out on 1 occasion only; and

    • (b) an operation carried out solely for the benefit of the persons carrying it out

    Service charter

    [Repealed]

    Service charter: this definition was repealed, as from 1 December 2004, by section 3(1) Land Transport Amendment Act 2004 (2004 No 96). See section 12 of that Act for the transitional provisions relating to rules.

    Site, in section 147, means a site where a dynamic axle weigher is used

    small passenger service vehicle means any passenger service vehicle that is designed or adapted to carry 12 or fewer persons (including the driver)

    special vehicle lane has the meaning given to it in clause 1.6 of the Land Transport (Road User) Rule 2004.

    special vehicle lane: this definition was inserted, as from 28 June 2006, by section 4(2) Land Transport Amendment Act (No 2) 2006 (2006 No 30).

    Speed limit means a speed limit set by or under this Act, the Transport Act 1962, the Local Government Act 1974, the Transit New Zealand Act 1989, or the rules

    Speed limit: this definition was amended, as from 19 December 2001, by section 4(3) Land Transport (Road Safety Enforcement) Amendment Act 2001 (2001 No 104) by substituting the words this Act, the Transport Act 1962, the Local Government Act 1974, the Transit New Zealand Act 1989, or the rules for the words the Transport Act 1962 or the rules.

    Speeding offence means an offence which consists solely of exceeding a speed limit

    Storage provider means a person who stores vehicles impounded under this Act

    taxi means a motor vehicle that is—

    • (a) a small passenger service vehicle; and

    • (b) fitted with a sign on its roof displaying the word taxi and any other signs required by the regulations or the rules; and

    • (c) in use or available for use for hire or reward for the carriage of passengers other than on defined routes

    taxi service means a passenger service carried on by means of a taxi or taxis

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

    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.

    toll has the same meaning as in section 5 of the Land Transport Management Act 2003

    toll: this definition was inserted, as from 13 November 2003, by section 90 Land Transport Management Act 2003 (2003 No 118). See sections 108 and 109 of that Act as to the savings provisions relating to regional land transport strategies.

    toll offence means an offence against section 54(1) of the Land Transport Management Act 2003.

    toll offence: this definition was inserted, as from 13 November 2003, by section 90 Land Transport Management Act 2003 (2003 No 118). See sections 108 and 109 of that Act as to the savings provisions relating to regional land transport strategies.

    traction engine means a vehicle that—

    • (a) is propelled by steam power; and

    • (c) is not designed for the carriage of goods or persons other than the driver and, if appropriate, other persons involved in its operation

    traction engine: this definition was inserted, as from 22 June 2005, by section 4(4) Land Transport Amendment Act 2005 (2005 No 77). See sections 96 to 100 of that Act as to the transitional and savings provisions.

    Traffic control device includes any—

    • (a) Sign, signal, or notice; or

    • (b) Traffic calming device; or

    • (c) Marking or road surface treatment—

    used on a road for the purpose of traffic control

    Transit New Zealand

    [Repealed]

    Transit New Zealand: this definition was repealed, as from 13 November 2003, by section 90 Land Transport Management Act 2003 (2003 No 118). See sections 108 and 109 of that Act as to the savings provisions relating to regional land transport strategies.

    Transit and Transit New Zealand mean the body corporate called Transit that is continued by section 75 of the Land Transport Management Act 2003.

    Transit and Transit New Zealand: this definition was inserted, as from 13 November 2003, by section 90 Land Transport Management Act 2003 (2003 No 118). See sections 108 and 109 of that Act as to the savings provisions relating to regional land transport strategies.

    transport service

    • (a) means any goods service, passenger service, rental service, or vehicle recovery service; but

    • (b) does not include—

      • (i) a rail service within the meaning of section 2(1) of the Transport Services Licensing Act 1989; and

      • (ii) any service specified as an exempt transport service in the regulations or the rules

    transport service driver means any person who is, or is from time to time, employed or engaged in driving a vehicle being used in a transport service other than a rental service, whether or not that person is licensed or required to hold a licence to drive such a vehicle

    transport service licence means any of the following licences granted or deemed to be granted under subpart 3 of Part 4A:

    • (a) a goods service licence:

    • (b) a passenger service licence:

    • (c) a rental service licence:

    • (d) a vehicle recovery service licence

    transport service operator means a person who carries on a transport service, whether or not that person employs personnel to assist in doing so on its behalf; but does not include those personnel

    transport service vehicle means any goods service vehicle, passenger service vehicle, rental service vehicle, or vehicle recovery service vehicle; but does not include—

    • (a) a rail service vehicle within the meaning of section 2(1) of the Transport Services Licensing Act 1989; or

    • (b) a vehicle running on self-laying tracks or rollers; or

    • (c) a vehicle that operates solely on or in areas to which the public does not have access as of right (whether or not that vehicle is used on a road in connection with that vehicle's inspection, servicing, or repair, or for the purposes of a practical driving test required under any enactment); or

    • (d) a vehicle used as a place of abode to the extent that it is not used in a rental service; or

    • (e) a vehicle listed as a farm vehicle in Part 1 of the Schedule to the Transit New Zealand (Apportionment and Refund of Excise Duty) Regulations 1998 or in any provisions made in substitution for that schedule; or

    • (f) a tractor (being a motor vehicle designed principally for traction at speeds not exceeding 50 km per hour; or

    • (g) a forklift (being a motor vehicle designed principally for lifting and stacking goods by means of 1 or more forks, tines, platens, or clamps); or

    • (h) a hearse; or

    • (i) a traction engine

    Unladen 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 on it that are necessary for its operation for the purpose for which it was designed

    unlicensed, in relation to a driver, includes holding an expired licence

    unlicensed: this definition was inserted, as from 22 June 2005, by section 4(4) Land Transport Amendment Act 2005 (2005 No 77). See sections 96 to 100 of that Act as to the transitional and savings provisions.

    Vehicle

    • (a) Means a contrivance equipped with wheels, tracks, or revolving runners on which it moves or is moved; and

    • (b) Includes a hovercraft, a skateboard, in-line skates, and roller skates; but

    • (c) Does not include—

      • (i) A perambulator or pushchair:

      • (ii) A shopping or sporting trundler not propelled by mechanical power:

      • (iii) A wheelbarrow or hand-trolley:

      • (iv) [Repealed]

      • (v) A pedestrian-controlled lawnmower:

      • (vi) A pedestrian-controlled agricultural machine not propelled by mechanical power:

      • (vii) An article of furniture:

      • (viii) a wheelchair not propelled by mechanical power:

      • (ix) Any other contrivance specified by the rules not to be a vehicle for the purposes of this definition:

      • (x) any rail vehicle:

    Vehicle: paragraph (c)(iv) of this definition was repealed, as from 22 June 2005, by section 4(11) Land Transport Amendment Act 2005 (2005 No 77). See sections 96 to 100 of that Act as to the transitional and savings provisions.

    Vehicle: paragraph (viii) of this definition was amended, as from 22 June 2005, by section 4(12) Land Transport Amendment Act 2005 (2005 No 77) by substituting a for An invalid. See sections 96 to 100 of that Act as to the transitional and savings provisions.

    Vehicle: paragraph (c)(x) of this definition was inserted, 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.

    vehicle recovery service

    • (a) means the towing or carrying on any road of a motor vehicle, irrespective of the size or design of the towing or carrying vehicle, and whether or not the towing or carrying of the vehicle is carried out by a person intending to carry out repairs on the vehicle; but

    • (b) does not include—

      • (i) the towing or carrying of any motorcycle or moped; or

      • (ii) the towing or carrying of one motor vehicle by another where—

        • (A) the towing or carrying is not carried out directly or indirectly for reward; and

        • (B) the towing or carrying vehicle is not designed or adapted for the purpose of towing or carrying motor vehicles; or

      • (iii) the towing or carrying of a vehicle by a person who owns the vehicle; or

      • (iv) the towing of disabled vehicles using a rope or flat tow by—

        • (A) a person employed by, or contracted to, a motoring association or insurance company where the towing is limited to removal of the vehicle to a place of safety; or

        • (B) the owner or employee of a garage or workshop who intends to carry out repairs to the vehicle; or

      • (v) the removal of vehicles by New Zealand Defence Force tow trucks at the request of an enforcement officer; or

      • (vi) routine towing services operated by New Zealand Defence Force personnel in areas where there is no suitable and available commercial towing service nearby; or

      • (vii) any service where the Director has provided the transport service operator with a written notice that—

        • (A) must be carried in the vehicle used in the service; and

        • (B) specifies that the nature of the service is such that the carriage of vehicles should be treated as the carriage of goods; or

      • (viii) any service specified as an exempt vehicle recovery service in the regulations or the rules

    vehicle recovery service licence means a licence granted or deemed to be granted under subpart 3 of Part 4A that authorises its holder to carry on a vehicle recovery service

    vehicle recovery service vehicle

    • (a) means a vehicle used or available for use in a vehicle recovery service for towing or carrying on a road any motor vehicle; but

    • (b) does not include any vehicle specified as an exempt vehicle recovery service vehicle in the regulations or the rules

    Weight,—

    • (a) In relation to a wheel, an axle, a group of axles, or a vehicle, means the weight, or, as the case may be, the sum of the weights, recorded or displayed on a weighing device of a type approved for the purpose by the Minister of Police, by notice in the Gazette, and used in a manner prescribed by the Minister of Police, by notice in the Gazette:

    • (b) In relation to the load on a vehicle, means the gross weight of the vehicle less its unladen weight

    work time means all time spent performing work-related duties, including, but not limited to,—

    • (a) driving vehicles to which subpart 1 of Part 4B applies:

    • (b) loading and unloading:

    • (c) maintenance and cleaning of vehicles (other than unpaid cleaning outside working hours):

    • (d) administration or recording:

    • (e) any paid employment (other than paid leave or paid breaks of at least 30 minutes duration), whether or not related to transport activities.

    (1A) If a transport service includes the use of vehicles that are specified as exempt vehicles in the regulations or the rules, the operation of those vehicles is not to be treated as part of the operation of the service.

    (2) A notice given by any Minister in the Gazette for any purpose specified in subsection (1) or in section 75A(5), and a corresponding notice given under any former enactment and continued in force by this Act, is a regulation for the purposes of the Acts and Regulations Publication Act 1989 and may be amended from time to time, or revoked, by the responsible Minister in the same manner.

    (3) A notice under subsection (1) that is given by the Minister of Police in the Gazette for the purposes of approving a kind of device or a test may—

    • (a) Define an approved device as a device that bears or is associated by its manufacturer with such trade name or number or other expression, or any combination of those things, as may be specified in the notice:

    • (b) Provide for a test, or part of a test, to be carried out in accordance with instructions displayed or printed on or by a specified kind of device.

    (4) In the absence of proof to the contrary, a device is to be treated as bearing or being associated with a particular trade name or number or other expression if that name or number or other expression—

    • (a) Appears on the device, whether on a label or otherwise, or is shown on a display panel on the device; or

    • (b) Is printed out by the device on a card or on paper; or

    • (c) Appears on printed matter that—

      • (i) Accompanies the device; and

      • (ii) Is associated with the device or is intended by the manufacturer of the device to be associated with the device; and

      • (iii) Is issued by or on behalf of the manufacturer.

    Compare: 1962 No 135 ss 2, 57A

    Section 2(1) approved taxi organisation: inserted, on 1 October 2007, by section 4(3) of the Land Transport Amendment Act 2005 (2005 No 77).

    Section 2(1) control: inserted, on 1 October 2007, by section 4(3) of the Land Transport Amendment Act 2005 (2005 No 77).

    Section 2(1) cumulative work day: inserted, on 1 October 2007, by section 4(3) of the Land Transport Amendment Act 2005 (2005 No 77).

    Section 2(1) cumulative work period: inserted, on 1 October 2007, by section 4(3) of the Land Transport Amendment Act 2005 (2005 No 77).

    Section 2(1) goods service: substituted, on 1 October 2007, by section 4(3) of the Land Transport Amendment Act 2005 (2005 No 77).

    Section 2(1) goods service licence: substituted, on 1 October 2007, by section 4(3) of the Land Transport Amendment Act 2005 (2005 No 77).

    Section 2(1) goods service vehicle: substituted, on 1 October 2007, by section 4(3) of the Land Transport Amendment Act 2005 (2005 No 77).

    Section 2(1) infringement offence paragraph (ba): inserted, on 1 October 2007, by section 4(6) of the Land Transport Amendment Act 2005 (2005 No 77).

    Infringement offence: paragraph (ca) of this definition was inserted, as from 13 November 2003, by section 90 Land Transport Management Act 2003 (2003 No 118). See sections 108 and 109 of that Act as to the savings provisions relating to regional land transport strategies.

    Section 2(1) Land Transport Register paragraph (a): amended, on 1 October 2007, by section 4(7) of the Land Transport Amendment Act 2005 (2005 No 77).

    Land Transport Register: paragraph (a) of this definition was amended, as from 20 July 2005, by section 103(3) Railways Act 2005 (2005 No 37) by inserting the words , the Railways Act 2005, after the words this Act. See sections 105 to 111 of that Act as to the transitional provisions.

    Section 2(1) large passenger service vehicle: inserted, on 1 October 2007, by section 4(3) of the Land Transport Amendment Act 2005 (2005 No 77).

    Section 2(1) logbook: amended, on 1 October 2007, by section 4(8) of the Land Transport Amendment Act 2005 (2005 No 77).

    Section 2(1) organised criminal activity: inserted, on 1 October 2007, by section 4(3) of the Land Transport Amendment Act 2005 (2005 No 77).

    Section 2(1) passenger service: substituted, on 1 October 2007, by section 4(3) of the Land Transport Amendment Act 2005 (2005 No 77).

    Section 2(1) passenger service licence: substituted, on 1 October 2007, by section 4(3) of the Land Transport Amendment Act 2005 (2005 No 77).

    Section 2(1) passenger service vehicle: substituted, on 1 October 2007, by section 4(3) of the Land Transport Amendment Act 2005 (2005 No 77).

    Section 2(1) rental service: substituted, on 1 October 2007, by section 4(3) of the Land Transport Amendment Act 2005 (2005 No 77).

    Section 2(1) rental service licence: inserted, on 1 October 2007, by section 4(3) of the Land Transport Amendment Act 2005 (2005 No 77).

    Section 2(1) rental service vehicle: substituted, on 1 October 2007, by section 4(3) of the Land Transport Amendment Act 2005 (2005 No 77).

    Section 2(1) rest time: inserted, on 1 October 2007, by section 4(5) of the Land Transport Amendment Act 2005 (2005 No 77).

    Section 2(1) service: inserted, on 1 October 2007, by section 4(3) of the Land Transport Amendment Act 2005 (2005 No 77).

    Section 2(1) small passenger service vehicle: inserted, on 1 October 2007, by section 4(3) of the Land Transport Amendment Act 2005 (2005 No 77).

    Section 2(1) taxi: inserted, on 1 October 2007, by section 4(3) of the Land Transport Amendment Act 2005 (2005 No 77).

    Section 2(1) taxi service: inserted, on 1 October 2007, by section 4(3) of the Land Transport Amendment Act 2005 (2005 No 77).

    Section 2(1) transport service: substituted, on 1 October 2007, by section 4(3) of the Land Transport Amendment Act 2005 (2005 No 77).

    Section 2(1) transport service driver: inserted, on 1 October 2007, by section 4(3) of the Land Transport Amendment Act 2005 (2005 No 77).

    Section 2(1) transport service licence: substituted, on 1 October 2007, by section 4(3) of the Land Transport Amendment Act 2005 (2005 No 77).

    Section 2(1) transport service operator: inserted, on 1 October 2007, by section 4(3) of the Land Transport Amendment Act 2005 (2005 No 77).

    Section 2(1) transport service vehicle: substituted, on 1 October 2007, by section 4(3) of the Land Transport Amendment Act 2005 (2005 No 77).

    Section 2(1) vehicle recovery service: substituted, on 1 October 2007, by section 4(3) of the Land Transport Amendment Act 2005 (2005 No 77).

    Section 2(1) vehicle recovery service licence: substituted, on 1 October 2007, by section 4(3) of the Land Transport Amendment Act 2005 (2005 No 77).

    Section 2(1) vehicle recovery service vehicle: substituted, on 1 October 2007, by section 4(3) of the Land Transport Amendment Act 2005 (2005 No 77).

    Section 2(1) work time: inserted, on 1 October 2007, by section 4(5) of the Land Transport Amendment Act 2005 (2005 No 77).

    Section 2(1A): inserted, on 1 October 2007, by section 4(13) of the Land Transport Amendment Act 2005 (2005 No 77).

    Subsection (2) was amended, as from 29 December 2001, by section 4(4) Land Transport (Road Safety Enforcement) Amendment Act 2001 (2001 No 104) by inserting, after the words for any purpose specified in subsection (1), the words or in section 75A(5).

3 Act to bind the Crown
  • This Act binds the Crown.

Part 2
Primary responsibilities of participants in land transport system

General responsibilities

4 General requirements for participants in land transport system
  • (1) A participant in the land transport system must ensure that the appropriate land transport documents and all the necessary qualifications and other documents are held by the participant.

    (2) A participant must comply with this Act, the relevant regulations and rules, and the conditions attached to the relevant land transport documents.

    (3) A participant, other than a rail participant, must ensure that the activities or functions for which the land transport document has been granted are carried out by the participant, and by all persons for whom the participant is responsible, safely and in accordance with the relevant prescribed safety standards and practices.

    (4) A person who applies for a land transport document that authorises the provision of a service within the land transport system must, if so required by the rules, satisfy the Director that the person is a fit and proper person; and the Director must determine whether a person is a fit and proper person for the purposes of this subsection in accordance with subpart 2 of Part 4A, which applies with any necessary modifications.

    (5) A participant who holds a land transport document that authorises the provision of a service within the land transport system—

    • (a) Must, if so required by the rules, establish and follow a safety management system that will ensure compliance with the relevant prescribed safety standards and the conditions attached to the document; and

    • (b) Must provide training and supervision to all employees of the participant who are engaged in doing anything to which the document relates, so as to maintain compliance with the relevant prescribed safety standards and the conditions attached to the document and to promote safety; and

    • (c) Must provide sufficient resources to ensure compliance with the relevant prescribed safety standards and the conditions attached to the document.

    Compare: 1990 No 98 s 12

    Subsection (3) was amended, as from 20 July 2005, by section 103(3) Railways Act 2005 (2005 No 37) by inserting the words , other than a rail participant, after the words A participant. See sections 105 to 111 of that Act as to the transitional provisions.

    Section 4(4): amended, on 1 October 2007, by section 5 of the Land Transport Amendment Act 2005 (2005 No 77).

5 Drivers to be licensed
  • (1) A person may not drive a motor vehicle on a road—

    • (a) Without an appropriate current driver licence; or

    • (b) In contravention of the conditions of the person's driver licence; or

    • (c) If the person is disqualified from holding or obtaining a driver licence, or the person's driver licence is suspended or has been revoked, or the driving is contrary to a limited licence.

    (2) A person may not hold or apply for a driver licence while he or she is disqualified under this Act or any other Act from holding or obtaining a driver licence.

    (3) While a person's driver licence is suspended under this Act or any other Act, the person may not hold or obtain a driver licence.

    (4) A person driving a motor vehicle must produce without delay his or her driver licence for inspection whenever required to do so by an enforcement officer.

    (5) Nothing in subsection (1) or subsection (4) applies if the person driving—

    • (a) Is driving an ambulance in an emergency, and—

      • (i) The emergency requires the licensed driver to perform other duties and it is impracticable for him or her to drive the ambulance, or the licensed driver is injured or otherwise unable to drive; and

      • (ii) Unless the licensed driver was unable to do so, the licensed driver has requested that person to drive in place of the licensed driver; or

    • (b) Is a member of a fire brigade and drives a motor vehicle used by a fire brigade for attendance at emergencies, so long as the vehicle being used at the time is used on urgent fire brigade service and it is impracticable for an appropriately licensed person to drive the vehicle; or

    • (c) Is a member of the Police and drives a motor vehicle in an emergency requiring Police attendance, and—

      • (i) The emergency is not reasonably foreseeable; and

      • (ii) The driving is necessary in the interests of safety or public order; and

      • (iii) An appropriately licensed person is not readily available.

    Compare: 1986 No 6 s 37(1), (1A), (2)

6 Vehicles to be safe and operated in compliance with rules
  • (1) A person may not operate an unsafe motor vehicle on a road.

    (2) If the regulations or the rules require a vehicle to have current evidence of vehicle inspection or a current certificate of loading, or both, a person may not operate the vehicle on a road without the appropriate current evidence of vehicle inspection or certificate or both (as the case may require).

    (3) A person operating a motor vehicle that is required to have current evidence of vehicle inspection or a certificate of loading must comply with the provisions in the regulations and the rules concerning such evidence or certificate, and the operation of the vehicle.

    (4) Evidence of vehicle inspection must be displayed on the vehicle to which it applies.

    Compare: 1986 No 6 s 5

7 Drivers not to be reckless or dangerous
  • (1) A person may not drive a motor vehicle, or cause a motor vehicle to be driven, recklessly.

    (2) A person may not drive a motor vehicle, or cause a motor vehicle to be driven, at a speed or in a manner which, having regard to all the circumstances, is or might be dangerous to the public or to a person.

    Compare: 1962 No 135 s 57

    Subsection (1) was substituted, as from 22 June 2005, by section 6(1) Land Transport Amendment Act 2005 (2005 No 77). See sections 96 to 100 of that Act as to the transitional and savings provisions.

    Subsection (2) was amended, as from 22 June 2005, by section 6(2) Land Transport Amendment Act 2005 (2005 No 77) by omitting the words on a road in both places where they occur. See sections 96 to 100 of that Act as to the transitional and savings provisions.

8 Drivers not to be careless or inconsiderate
  • A person may not drive a vehicle, or cause a vehicle to be driven, carelessly or without reasonable consideration for other persons

    Section 8 was substituted, as from 22 June 2005, by section 7 Land Transport Amendment Act 2005 (2005 No 77). See sections 96 to 100 of that Act as to the transitional and savings provisions.

9 Loads transported by vehicles to be secured
  • A person operating a motor vehicle on a road, and any person loading that vehicle, must ensure that any load carried in or on the vehicle, or in or on a vehicle being towed by the vehicle driven by the operator, is secured and contained in such a manner that it cannot fall or escape from the vehicle.

    Compare: 1962 No 135 s 70(1)

    Section 9 was amended, as from 22 June 2005, by section 8 Land Transport Amendment Act 2005 (2005 No 77) by inserting the words , and any person loading that vehicle, after the words on a road. See sections 96 to 100 of that Act as to the transitional and savings provisions.

Responsibilities of road users under ordinary and emergency rules

10 Road users and others to comply with ordinary rules and emergency rules
  • A person must comply with the rules.

Responsibilities concerning use of alcohol or drugs

11 Drivers not to exceed specified alcohol limits
  • A person may not drive or attempt to drive a motor vehicle while—

    • (a) The proportion of alcohol in the person's breath, as ascertained by an evidential breath test subsequently undergone by the person under section 69, exceeds 400 micrograms of alcohol per litre of breath; or

    • (b) The proportion of alcohol in the person's blood, as ascertained from an analysis of a blood specimen subsequently taken from the person under section 72 or section 73, exceeds 80 milligrams of alcohol per 100 millilitres of blood; or

    • (c) If the person is younger than 20,—

      • (i) The proportion of alcohol in the person's breath, as ascertained by an evidential breath test subsequently undergone by the person under section 69, exceeds 150 micrograms of alcohol per litre of breath; or

      • (ii) The proportion of alcohol in the person's blood, as ascertained from an analysis of a blood specimen subsequently taken from the person under section 72 or section 73, exceeds 30 milligrams of alcohol per 100 millilitres of blood.

    Compare: 1962 No 135 ss 55(2)(b), (c), 58(1)(a), (c), (f), (g)

    Section 11 was amended, as from 22 June 2005, by section 9 Land Transport Amendment Act 2005 (2005 No 77) by omitting the words on a road. See sections 96 to 100 of that Act as to the transitional and savings provisions.

12 Persons not to drive while under influence of alcohol or drugs
  • A person may not drive or attempt to drive a motor vehicle while under the influence of drink or a drug, or both, to such an extent as to be incapable of having proper control of the vehicle.

    Compare: 1962 No 135 s 58(1)(e); 1988 No 170 s 7

    Section 12 was amended, as from 22 June 2005, by section 10 Land Transport Amendment Act 2005 (2005 No 77) by omitting the words on a road. See sections 96 to 100 of that Act as to the transitional and savings provisions.

Responsibilities of drivers and other road users concerning enforcement officers

13 Drivers and other road users to comply with directions of enforcement officers, etc
  • (1) A person must comply with sections 68, 69, 70, 72, and 73 (which relate to the administration of breath screening tests, evidential breath tests, and blood tests).

    (2) A person must comply with all lawful requirements, directions, and requests made by an enforcement officer under any of sections 68, 69, 70, 72, and 73.

    (3) A person must comply with all lawful requirements and requests made by a medical practitioner or medical officer under section 72 or section 73 (which relate to the administration of blood tests).

    (4) A person may not—

    • (a) Remove, obscure, or render indistinguishable a notice affixed to a vehicle under section 115, unless current evidence of vehicle inspection has been obtained for the vehicle or (if the notice was given under section 96(1B)) the direction requiring the vehicle not to be driven on a road has been cancelled under section 102(3)(b) or section 110(3)(a)(ii); or

    • (b) Drive a vehicle to which a notice given under section 115 applies until current evidence of vehicle inspection has been obtained for, and is displayed on, the vehicle.

    (5) Drivers and other persons must comply with all other lawful requirements, directions, notices, and requests given to, and prohibitions imposed on, them under this Act by an enforcement officer or a dangerous goods enforcement officer.

    Compare: 1962 No 135 s 68C

    Subsection (3) was amended, as from 18 September 2004, by section 175(1) Health Practitioners Competence Assurance Act 2003 (2003 No 48) by omitting the word registered. See sections 178 to 227 of that Act as to the transitional provisions.

    Subsection (4)(a) was amended, as from 2 May 2003, by section 4 Land Transport (Unauthorised Street and Drag Racing) Amendment Act 2003 (2003 No 11) by inserting the words or (if the notice was given under section 96(1B)) the direction requiring the vehicle not to be driven on a road has been cancelled under section 102(3)(b) or section 110(3)(a)(ii) after the words for the vehicle.

Part 3
Additional responsibilities concerning road transport

14 False or misleading information not to be given
  • A person who is required by or under this Act to give any specified information, or who gives a statutory declaration for any purpose under this Act, may not give in response to that requirement, or in that statutory declaration, information that the person knows to be false or misleading.

15 Persons not to impersonate enforcement officers
  • (1) A person (other than an enforcement officer or a dangerous goods enforcement officer) may not by words, conduct, or demeanour pretend to be an enforcement officer or dangerous goods enforcement officer, or put on or assume the dress, name, designation, or description of an enforcement officer or dangerous goods enforcement officer.

    (2) This section does not affect section 51 of the Police Act 1958.

    Compare: 1962 No 135 s 192A

16 Heavy motor vehicles not to be overloaded
  • A person operating a heavy motor vehicle or combination of vehicles may not operate the vehicle or vehicles in breach of the prescribed maximum gross weight limits for motor vehicles or prescribed maximum weight limits for axles or groups of axles of motor vehicles.

    Compare: 1962 No 135 s 69B

17 Distance recorders not to be altered
  • A person may not, with intent to cause a false record of the distance travelled by a motor vehicle to be shown or recorded, make or cause to be made any alteration to the distance recorder or to the vehicle.

    Compare: 1962 No 135 s 192B

18 Doctors and optometrists to give Director medical reports of persons unfit to drive
  • (1) This section applies if a medical practitioner or optometrist, who has attended or been consulted in respect of a driver licence holder, considers that—

    • (a) The mental or physical condition of the licence holder is such that, in the interests of public safety, the licence holder—

      • (i) Should not be permitted to drive motor vehicles of a specified class or classes; or

      • (ii) Should only be permitted to drive motor vehicles subject to such limitations as may be warranted by the mental or physical condition of the licence holder; and

    • (b) The licence holder is likely to drive a motor vehicle.

    (2) If this section applies, the medical practitioner or optometrist must as soon as practicable give the Director written notice of the opinion under subsection (1)(a) and the grounds on which it is based.

    (3) A medical practitioner or optometrist who gives a notice under subsection (2) in good faith is not liable to civil or professional liability because of any disclosure of personal medical information in that notice.

    (4) Nothing in section 32 or section 33 of the Evidence Amendment Act (No 2) 1980 applies to a notice given under this section.

    Compare: 1986 No 6 s 45A

    Subsections (1) to (3) were amended, as from 18 September 2004, by section 175(1) Health Practitioners Competence Assurance Act 2003 (2003 No 48) by omitting the word registered wherever it occurred. See sections 178 to 227 of that Act as to the transitional provisions.

19 Licences of certain persons subject to Mental Health (Compulsory Assessment and Treatment) Act 1992 to be suspended
  • (1) If a person who holds a driver licence becomes subject to a compulsory treatment order that is an inpatient order or becomes a special patient under the Mental Health (Compulsory Assessment and Treatment) Act 1992,—

    • (a) The person in charge of the hospital to which the person is referred or at which the person is detained must notify the Director of Land Transport of the making of an inpatient order or that the person is a special patient (as the case may be); and

    • (b) The licence is suspended while the holder is subject to an inpatient order or is a special patient.

    (2) A person who has possession of the driver licence of a person referred to in subsection (1) must, on the request of the person in charge of the hospital at which the holder is an inpatient, deliver the licence to the person in charge of the hospital; and the person in charge must forward the licence to the Director of Area Mental Health Services.

    (3) The Director of Area Mental Health Services must retain a driver licence received under this section until it ceases to be subject to this section, and then,—

    • (a) In the case of a licence that applies to commercial vehicles, forward the licence to the Director of Land Transport; or

    • (b) In any other case, return the licence to the holder or to the person in possession referred to in subsection (2).

    (4) If a person to whom this section applies ceases to be a person referred to in subsection (1) and his or her responsible clinician considers that person to be unfit to hold a driver licence, the responsible clinician must advise the Director of Area Mental Health Services of that opinion and that Director must give the Director of Land Transport a certificate to that effect and (if it is in his or her possession) return the licence to the Director of Land Transport; and the licence has no effect unless it is returned to the holder under subsection (5).

    (5) A person referred to in subsection (4) may apply to the Director of Land Transport for the return of his or her driver licence and that Director must return the licence if satisfied the holder is fit to drive.

    (6) If—

    • (b) A responsible clinician certifies in writing that, in the clinician's opinion, that person is fit to hold a driver licence,—

    subsection (1)(b) does not apply to that person while that person is absent on leave from the hospital, and, if that person's driver licence is held by the Director of Area Mental Health Services, the licence must be returned to the holder.

    (7) In any case to which subsection (3)(a) applies, once the holder ceases to be subject to this section, the Director of Land Transport must, as soon as practicable after that Director is satisfied the holder is eligible to hold the licence, return the licence to the holder or to the person previously in possession referred to in subsection (2).

    Compare: 1986 No 6 s 46

    Section 19 was amended, as from 1 December 2004, by section 10 Land Transport Amendment Act 2004 (2004 No 96) by omitting the word Safety wherever it occurs. See section 12 of that Act for the transitional provisions relating to rules.

20 Traffic surveys not to be conducted unless approved by Director
  • (1) A person may not, without the prior written consent of the Director, conduct on a road a traffic survey that is likely to involve the stopping, delay, or diversion of vehicles.

    (2) The Director may consent conditionally or unconditionally, and, if any condition is not complied with, the Director may direct that the survey be discontinued.

    Compare: 1962 No 135 s 76C

21 Enforcement officers to ameliorate hazards
  • If an enforcement officer, acting in the course of his or her official duties, becomes aware of the existence on a road of a hazard to the safety of traffic (whether arising from the nature or condition of a road or otherwise), the officer must—

    • (a) Take such steps as may be reasonably practicable to eliminate or reduce the hazard; and

    • (b) If it is not reasonably practicable for the officer to eliminate the hazard, as soon as practicable report the existence of the hazard to the road controlling authority with a view to eliminating the hazard.

    Compare: 1962 No 135 s 76B

22 Driver's duties where accident occurs
  • (1) If an accident arising directly or indirectly from the operation of a vehicle occurs to a person or to a vehicle, the driver or rider of the vehicle must—

    • (a) Stop and ascertain whether a person has been injured; and

    • (b) Render all practicable assistance to any injured persons.

    (2) The driver or rider of the vehicle must, if required by an enforcement officer or any other person involved in the accident, give the officer or other person—

    • (a) The driver's or rider's name and address; and

    • (b) The name and address of the owner of the vehicle; and

    • (c) If the vehicle concerned is a motor vehicle, the number or letters or other expression on the registration plates assigned to the vehicle.

    (3) If the accident involves an injury to or the death of a person, the driver or rider must report the accident in person at the nearest police station or to an enforcement officer as soon as reasonably practicable, and in any case not later than 24 hours after the time of the accident, unless the driver or rider is incapable of doing so by reason of injuries sustained by him or her in the accident.

    (4) If the accident involves damage to an unoccupied motor vehicle or to other property belonging to a person other than the driver or rider, the driver or rider must (unless he or she is incapable of doing so by reason of injuries sustained by him or her in the accident), not later than 48 hours after the time of the accident, report to the owner—

    • (a) The driver's or rider's name and address; and

    • (b) The number on the registration plates assigned to the motor vehicle; and

    • (c) The location of the accident.

    (5) If the accident involves damage to an unoccupied motor vehicle or to other property belonging to a person other than the driver or rider, but the owner cannot readily be contacted or identified, the driver or rider must report the accident to the nearest police station or to an enforcement officer as soon as practicable and in any case within 60 hours after the time of the accident.

    (6) If the motor vehicle involved in the accident is a fire engine or an ambulance travelling to an emergency, the driver complies with subsection (1) if he or she stops the vehicle and sets down a member of the crew who is equipped with a first-aid kit and discharges all the other duties imposed on a driver by that subsection.

    (7) Subsections (3) to (5) do not apply if the driver or rider has been arrested or detained as a result of the accident.

    (8) This section does not apply to a rail vehicle unless that vehicle is a light rail vehicle.

    Compare: 1962 No 135 s 65

    Subsection (8) was inserted, 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.

22A Persons not to engage in unauthorised street or drag racing, or other related prohibited activities on roads
  • (1) A person must not operate a motor vehicle in a race, or in an unnecessary exhibition of speed or acceleration, on a road unless the operation of the vehicle in that manner is authorised by law.

    (2) A person must not, without reasonable excuse, intentionally pour onto, place on, or allow to spill onto a road—

    • (a) any petrol, oil, or diesel fuel; or

    • (b) any other substance likely to cause a vehicle to undergo loss of traction.

    (3) A person must not, without reasonable excuse, operate a motor vehicle on a road in a manner that causes the vehicle to undergo sustained loss of traction unless the operation of the vehicle in that manner is authorised by law.

    (4) In this section and in section 96(9), the operation of a motor vehicle in a particular manner is authorised by law if,—

    • (a) in the case of a race or an exhibition of speed or acceleration,—

      • (i) the speed of the vehicle is within the applicable speed limit or speed limits; and

      • (ii) the vehicle operator does not contravene any enactment other than this section that applies in relation to the operation of the vehicle; or

    • (b) the operation is conducted on a road that is closed for the purpose under section 319(h) or section 342 of the Local Government Act 1974, and is conducted in accordance with the conditions (if any) imposed under Schedule 10 of that Act; or

    • (c) the operation is otherwise authorised by or under an enactment other than this section.

    Section 22A was inserted, as from 2 May 2003, by section 5 Land Transport (Unauthorised Street and Drag Racing) Amendment Act 2003 (2003 No 11).

Traction engine safety

  • This heading was inserted, as from 16 January 2006, by section 11 Land Transport Amendment Act 2005 (2005 No 77).

22B Operators of traction engines to hold appropriate current qualification
  • (1) A person may not use a traction engine in a public place—

    • (a) without an appropriate qualification provided for in the regulations or the rules; or

    • (b) if the person is not permitted under this Act to drive a motor vehicle.

    (2) A person who uses a traction engine must produce without delay his or her qualification referred to in subsection (1)(a) for inspection whenever required to do so by an enforcement officer.

    (3) In this section and sections 22C and 36B, public place

    • (a) means a place that is open to, or being used by, the public, whether or not there is a charge for admission; and

    • (b) includes a road and any part of a public place.

    Sections 22B and 22C were inserted, as from 16 January 2006, by section 11 Land Transport Amendment Act 2005 (2005 No 77). See sections 96 to 100 of that Act as to the transitional and savings provisions.

22C Traction engine to be safe and operated in compliance with regulations and rules
  • (1) A person may not use a traction engine in a public place in a manner that, having regard to all the circumstances, is or might be dangerous to the public or to a person.

    (2) If the regulations or the rules require a traction engine to have current evidence of vehicle inspection, or any other certificate, or both, a person may not use the traction engine in a public place without the appropriate current evidence of vehicle inspection, certificate, or both (as the case may require).

    (3) A person who uses a traction engine that is required to have current evidence of vehicle inspection, or a certificate, must comply with the regulations and the rules concerning such evidence or certificate, and the use of the traction engine.

    (4) Current evidence of vehicle inspection must be displayed on the traction engine to which it applies.

    Sections 22B and 22C were inserted, as from 16 January 2006, by section 11 Land Transport Amendment Act 2005 (2005 No 77). See sections 96 to 100 of that Act as to the transitional and savings provisions.

Part 4
Driver licensing

23 Issue of driver licences
  • (1) The Director must issue driver licences in accordance with the regulations and the rules.

    (2) Except as provided in subsection (3), a driver licence may be issued for a period not exceeding 10 years and, unless the licence is extended under that subsection or for any reason ceases to have effect on an earlier date, the licence expires on the expiry date specified on the licence.

    (3) The Director may—

    • (a) Issue licences for a period not exceeding 11 years in cases provided for by the rules:

    • (b) Extend, in accordance with the rules, the term of a driver licence by 1 further period not exceeding 12 months.

    (4) All driver licences in force immediately before this subsection comes into force continue in force and expire on a date to be determined in accordance with the rules, even though they may have been valid for more than 10 years when issued.

    Compare: 1986 No 6 s 4

24 Director may issue temporary driver licences
  • (1) If an applicant for a driver licence meets the requirements for the issue of a licence of the class sought and the Director is satisfied there will be some delay in issuing the licence, the Director may issue to the person a temporary driver licence which—

    • (a) Must be in such form and contain such details as may be specified in the rules; and

    • (b) Is valid for such period, not exceeding 21 days, as may be specified on the temporary licence.

    (2) A temporary driver licence issued under this section has the same effect as a driver licence of the same class issued under section 23.

    (3) Despite subsection (1), in the case of a person whose licence has expired or been revoked, the Director may issue a temporary licence, valid for a period not exceeding 1 year as specified on the temporary licence, as necessary to enable the person to continue to drive while his or her fitness to drive is assessed by the Director or a person authorised by the Director.

    Subsection (3) was inserted, as from 16 January 2006, by section 12 Land Transport Amendment Act 2005 (2005 No 77). See sections 96 to 100 of that Act as to the transitional and savings provisions.

25 Minimum age for driver licensing
  • A person who is younger than 15 may not hold or obtain a driver licence.

    Compare: 1986 No 6 s 40(2)

26 Drivers may be tested and examined
  • The Director may require an applicant for a driver licence and holders of driver licences to—

    • (a) complete courses that are approved by the Director:

    • (b) pass tests and examinations that are approved by the Director.

    Section 26 was substituted, as from 16 January 2006, by section 13 Land Transport Amendment Act 2005 (2005 No 77). See sections 96 to 100 of that Act as to the transitional and savings provisions.

27 Suspension and revocation of licences
  • The Director may suspend or revoke a driver licence in accordance with the regulations and the rules.

28 Photographic driver licence
  • (1) A driver licence must be in the prescribed form and must have on it—

    • (a) A photographic image of the holder; and

    • (b) The holder's name and signature; and

    • (c) The holder's date of birth; and

    • (d) Unique identifiers to distinguish the licence and the holder from other driver licences and holders; and

    • (e) The classes to which the licence applies; and

    • (f) The endorsements issued to the holder; and

    • (g) The original date of issue of the licence; and

    • (h) The date on which the licence expires; and

    • (i) Organ donor information (if applicable); and

    • (j) An indication of any condition the holder must comply with while driving a motor vehicle; and

    • (k) Such other features as may be specified in the rules for the purposes of verifying or protecting the integrity of the licence.

    (2) In addition, a driver licence may show the holder's address if the holder requests that those details be shown.

    (3) A driver licence may not have on it any photographic image, information, or features other than those referred to in subsection (1) or subsection (2).

    (4) This section applies to licences issued or renewed on or after the date this section comes into force, subject to subsections (4A), (4B), and (4C).

    (4A) Without limiting subsection (4), subsection (1)(g) applies to all new driver licences, including—

    • (a) renewal of a current driver licence; and

    • (b) renewal of an expired driver licence, whether the holder—

      • (i) was previously suspended or disqualified; or

      • (ii) failed to renew his or her driver licence on expiry; and

    • (c) a replacement driver licence.

    (4B) Despite subsections (1)(g) and (4),—

    • (a) in the case of a driver licence that has been revoked, the new driver licence must show the date of issue of the new licence; and

    • (b) in the case of a person who applies to convert an overseas licence or permit to a New Zealand full driver licence, the licence must show the date of issue of that person's first New Zealand driver licence; and

    • (c) in the case of a learner licence or restricted licence issued under Part 4 of the Land Transport (Driver Licensing) Rule 1999, the original date of issue of the learner licence or restricted licence must be shown on that licence.

    (4C) Subsection (4B)(c) does not apply if the learner licence or the restricted licence adds a class to an existing licence.

    (5) The Authority must store the photographic image used for each licence until the licence expires.

    Subsection (1)(g) was amended, as from 16 January 2006, by section 14(1) Land Transport Amendment Act 2005 (2005 No 77) by inserting the word original before the word date. See sections 96 to 100 of that Act as to the transitional and savings provisions.

    Subsection (4) was amended, as from 16 January 2006, by section 14(2) Land Transport Amendment Act 2005 (2005 No 77) by adding the words , subject to subsections (4A), (4B), and (4C). See sections 96 to 100 of that Act as to the transitional and savings provisions.

    Subsections (4A) to (4C) were inserted, as from 16 January 2006, by section 14(3) Land Transport Amendment Act 2005 (2005 No 77). See sections 96 to 100 of that Act as to the transitional and savings provisions.

28A Transitional provisions for photographic driver licences
  • Despite section 28(1)(g) and (4), the date of issue of a driver licence continues to be shown on an existing licence until that licence is renewed or replaced under Part 12 of the Land Transport (Driver Licensing) Rule 1999.

    Section 28A was inserted, as from 16 January 2006, by section 15 Land Transport Amendment Act 2005 (2005 No 77). See sections 96 to 100 of that Act as to the transitional and savings provisions.

29 Certain driver licences have no effect
  • (1) A driver licence has no effect if—

    • (a) The person who obtained the licence is not qualified to hold it or is disqualified from holding it, or already holds a driver licence of the same class as the other licence; or

    • (b) The licence is for the time being suspended, or has been revoked, under any Act.

    (2) An authority to drive vehicles of a specified class that is conferred by part of a driver licence or an endorsement on a driver licence has no effect if—

    • (a) The person who obtained the authority is not qualified to drive, or is disqualified from driving, vehicles of that class; or

    • (b) The relevant part of the licence or the endorsement is for the time being suspended, or has been revoked, under any Act.

29A Persons convicted of specified serious offences prohibited from holding passenger endorsement
  • (1) A person who has been convicted of a specified serious offence on, before, or after the commencement of this section may not hold a passenger endorsement on his or her driver licence.

    (2) A passenger endorsement is deemed to be expired and of no effect if held by a person who has been convicted of a specified serious offence on, before, or after the commencement of this section.

    (3) Despite subsection (1), a person may hold a passenger endorsement if—

    • (a) the person has not, with respect to a conviction for a specified serious offence, been sentenced to imprisonment for a term exceeding 12 months; and

    • (b) the Director is, having regard to the criteria in section 29B(2)(b), satisfied that allowing the person to hold a passenger endorsement would not—

      • (i) be contrary to the public interest; and

      • (ii) pose an undue risk to public safety or security.

    (4) For the purposes of this section,—

    imprisonment excludes—

    • (a) corrective training; or

    • (b) borstal training; or

    • (c) detention centre training

    specified serious offence means—

    • (a) murder; or

    • (b) a sexual crime under Part 7 of the Crimes Act 1961 punishable by 7 or more years' imprisonment (other than an act that is no longer an offence); and includes a crime under section 144A or section 144C of that Act; or

    • (c) an offence against any of the following sections of the Crimes Act 1961:

      • (i) section 173 (attempt to murder):

      • (ii) section 174 (counselling or attempting to procure murder):

      • (iii) section 175 (conspiracy to murder):

      • (iv) section 176 (accessory after the fact to murder):

      • (v) section 188 (wounding with intent):

      • (vi) section 189(1) (intent to cause bodily harm by injury):

      • (vii) section 191 (aggravated wounding or injury):

      • (viii) section 198 (discharging firearm or doing dangerous act with intent):

      • (ix) section 199 (acid throwing):

      • (x) section 200(1) (intent to cause grievous bodily harm by poison):

      • (xi) section 201 (infecting with disease):

      • (xii) section 208 (abduction for purposes of marriage or sexual connection):

      • (xiii) section 209 (kidnapping):

      • (xiv) section 210 (abduction of young person under 16):

      • (xv) section 234 (robbery):

      • (xvi) section 235 (aggravated robbery):

      • (xvii) section 236 (assault with intent to rob):

    • (d) an offence committed outside New Zealand that, if committed in New Zealand, would constitute an offence specified in paragraphs (a) to (c).

    Sections 29A and 29B were inserted, as from 16 January 2006, by section 16 Land Transport Amendment Act 2005 (2005 No 77). See sections 96 to 100 of that Act as to the transitional and savings provisions.

    The heading was amended, as from 21 March 2006, by section 4(1) Land Transport Amendment Act 2006 (2006 No 2) by omitting the words or applying for..

    Subsection (1) was amended, as from 21 March 2006, by section 4(2) Land Transport Amendment Act 2006 (2006 No 2) by omitting the words or apply for.

    Subsection (3) was substituted, as from 21 March 2006, by section 4(3) Land Transport Amendment Act 2006 (2006 No 2).

    Section 29A(3)(b): amended, on 20 September 2007, by section 4 of the Land Transport Amendment Act 2007 (2007 No 66).

    Subsection (4) was inserted, as from 21 March 2006, by section 4(3) Land Transport Amendment Act 2006 (2006 No 2).

29B Passenger endorsement may be reinstated in certain cases
  • (1) A person who has a conviction for a specified serious offence may apply to the Director to have the passenger endorsement reinstated if—

    • (a) the person's passenger endorsement—

      • (i) is deemed to be expired and of no effect under section 29A(2); or

      • (ii) expired during the period beginning on 22 June 2005 and ending on the close of 15 January 2006; and

    • (b) the person has not, with respect to a conviction for an offence specified in paragraph (a) or paragraph (b) of the definition of specified serious offence in section 29A(4), been sentenced to imprisonment for a term exceeding 12 months.

    (2) If an application is made under subsection (1), the Director—

    • (a) may reinstate the applicant's passenger endorsement if satisfied that allowing the applicant to hold a passenger endorsement would not—

      • (i) be contrary to the public interest; and

      • (ii) pose an undue risk to public safety or security; and

    • (b) must, when determining whether reinstating the applicant's passenger endorsement would not be contrary to the public interest and would not pose an undue risk to public safety or security, have regard to—

      • (i) the sentence imposed for the applicant's last conviction for a specified serious offence; and

      • (ii) the length of time since the applicant's last conviction for a specified serious offence; and

      • (iii) the nature and circumstances of each specified serious offence for which the applicant has been convicted; and

      • (iv) any other convictions that the applicant has; and

      • (v) the general safety criteria set out in section 30C; and

      • (vi) any other matters that the Director considers relevant, including (but not limited to) submissions by any affected party.

    (3) If the Director decides to reinstate the person's passenger endorsement under subsection (2) or allow a person to hold a passenger endorsement under section 29A(3), section 29A(1) does not apply with respect to the person unless the person commits a specified serious offence on or after the date of the Director's decision.

    (4) If the Director decides not to reinstate the person's passenger endorsement under subsection (2) or allow a person to hold a passenger endorsement under section 29A(3), the person may appeal to the High Court.

    (5) For the purposes of this section,—

    imprisonment has the same meaning as in section 29A(4)

    specified serious offence has the same meaning as in section 29A(4).

    Sections 29A and 29B were inserted, as from 16 January 2006, by section 16 Land Transport Amendment Act 2005 (2005 No 77). See sections 96 to 100 of that Act as to the transitional and savings provisions.

    Section 29B was substituted, as from 21 March 2006, by section 5(1) Land Transport Amendment Act 2006 (2006 No 2).

30 Driver licences are property of Director and are to be surrendered in certain circumstances
  • (1) Driver licences are the property of the Director and, except where section 19 applies, must be surrendered or forwarded to the Director in accordance with subsections (2) to (4A).

    (2) The holder of a driver licence must, immediately after receiving notice of the suspension or revocation, surrender his or her licence to the Director if—

    • (a) The licence is suspended or revoked under any Act; or

    • (b) The suspension or revocation applies to any endorsement or class specified in the licence but not to the whole licence.

    (3) If the holder of a driver licence is disqualified by order of a court from holding or obtaining a driver licence, the holder must (whether or not a demand is made on him or her) immediately surrender the licence to the court where the order was made or to a member of the Police or at any office of the Authority.

    (3A) If an enforcement officer has suspended a person's driver licence in accordance with section 90(2), the person must immediately surrender his or her licence to the officer.

    (4) A person who receives a driver licence under subsection (3), (3A), or (4A)(b) or (c) must immediately forward it to the Director.

    (4A) The holder of a driver licence must, if that licence is superseded by another driver licence, surrender that driver licence to—

    • (a) the Director; or

    • (b) a person appointed by the Director; or

    • (c) a member of the police.

    (5) When either—

    • (a) The disqualification or suspension expires or is removed; or

    • (b) A court authorises the issue of a limited licence,—

    the Director must, subject to section 83 and as soon as practicable after being satisfied that the holder is eligible to hold such a licence, return the licence to the holder or issue a new licence.

    The heading was amended, as from 22 June 2005, by section 17(1) Land Transport Amendment Act 2005 (2005 No 77) by substituting the words surrendered in certain circumstances for the words returned if suspended, revoked, etc. See sections 96 to 100 of that Act as to the transitional and savings provisions.

    Subsection (1) was amended, as from 22 June 2005, by section 17(2) Land Transport Amendment Act 2005 (2005 No 77) by substituting the expression (4A) for the expression (4). See sections 96 to 100 of that Act as to the transitional and savings provisions.

    Section 30(3A): inserted, on 20 September 2007, by section 5(1) of the Land Transport Amendment Act 2007 (2007 No 66).

    Section 30(4): amended, on 20 September 2007, by section 5(2) of the Land Transport Amendment Act 2007 (2007 No 66).

    Subsection (4A) was inserted, as from 22 June 2005, by section 17(3) Land Transport Amendment Act 2005 (2005 No 77). See sections 96 to 100 of that Act as to the transitional and savings provisions.

Part 4A
Transport services licensing

  • Part 4A: inserted, on 1 October 2007, by section 18 of the Land Transport Amendment Act 2005 (2005 No 77).

Subpart 1Primary responsibilities of holders of transport service licences

  • Subpart 1 heading: inserted, on 1 October 2007, by section 18 of the Land Transport Amendment Act 2005 (2005 No 77).

30A Requirements for vehicles
  • (1) A holder of a transport service licence must ensure that—

    • (a) every vehicle to be used in connection with the service is maintained in a fit and proper condition and that the requirements of any Act, regulation, or rule made for this purpose are met:

    • (b) no vehicle is used in connection with the service unless and until all fees payable in respect of the vehicle and the service under any Act, regulation, or bylaw have been duly paid or appropriate arrangements have been made for payment.

    (2) The holder of any transport service licence must, whenever required to do so by the Director, present for inspection any vehicle that is used in the service.

    (3) No evidence of vehicle inspection may be issued in respect of a transport service vehicle unless the person issuing the evidence of vehicle inspection has been notified of the transport service licence number under which the vehicle is being operated.

    (4) No person may use a transport service vehicle if that vehicle has suffered serious damage until the vehicle has been inspected and passed as being safe by a person authorised by the Director, or the owner of the vehicle has been informed by such a person that the vehicle is not to be inspected.

    Compare: 1989 No 74 ss 31, 33

    Section 30A: inserted, on 1 October 2007, by section 18 of the Land Transport Amendment Act 2005 (2005 No 77).

30B Provision of identification information in Braille
  • The holder of a transport service licence under which a taxi is operated and the driver of that taxi must, in accordance with any regulations or rules, ensure that the following identification information is provided in Braille:

    • (a) the name of the approved taxi organisation; and

    • (b) the unique fleet number assigned to the taxi; and

    • (c) the approved taxi organisation's telephone number for complaints.

    Section 30B: inserted, on 1 October 2007, by section 18 of the Land Transport Amendment Act 2005 (2005 No 77).

Subpart 2Fit and proper person test

  • Subpart 2 heading: inserted, on 1 October 2007, by section 18 of the Land Transport Amendment Act 2005 (2005 No 77).

Assessment criteria

  • Heading: inserted, on 1 October 2007, by section 18 of the Land Transport Amendment Act 2005 (2005 No 77).

30C General safety criteria
  • (1) When assessing whether or not a person is a fit and proper person in relation to any transport service, the Director must consider, in particular, any matter that the Director considers should be taken into account—

    • (a) in the interests of public safety; or

    • (b) to ensure that the public is protected from serious or organised criminal activity.

    (2) For the purpose of determining whether or not a person is a fit and proper person for any of the purposes of this Part, the Director may consider, and may give any relative weight that the Director thinks fit having regard to the degree and nature of the person's involvement in any transport service, to the following matters:

    • (a) the person's criminal history (if any):

    • (b) any offending by the person in respect of transport-related offences (including any infringement offences):

    • (c) any history of serious behavioural problems:

    • (d) any complaints made in relation to any transport service provided or operated by the person or in which the person is involved, particularly complaints made by users of the service:

    • (e) any history of persistent failure to pay fines incurred by the person in respect of transport-related offences:

    • (f) any other matter that the Director considers it is appropriate in the public interest to take into account.

    (3) In determining whether or not a person is a fit and proper person for any of the purposes of this Part, the Director may consider—

    • (a) any conviction for an offence, whether or not—

      • (i) the conviction was in a New Zealand court; or

      • (ii) the offence was committed before the commencement of this Part or corresponding former enactment; or

      • (iii) the person incurred demerit points under this Act or a corresponding former enactment in respect of the conviction; and

    • (b) the fact that the person has been charged with any offence that is of such a nature that the public interest would seem to require that a person convicted of committing such an offence not be considered to be fit and proper for the purposes of this section.

    (4) Despite subsection (3), the Director may take into account any other matters and evidence as the Director considers relevant.

    Compare: 1989 No 74 s 24(1), (2)(d), (3)

    Section 30C: inserted, on 1 October 2007, by section 18 of the Land Transport Amendment Act 2005 (2005 No 77).

30D Additional criteria for small passenger service vehicles and vehicle recovery service
  • Without in any way limiting the matters that the Director may consider under section 30C(2), when the Director is assessing whether or not a person is a fit and proper person in relation to any passenger service involving the use of small passenger service vehicles, or to any vehicle recovery service, the Director must consider, in particular,—

    • (a) any history of serious behavioural problems:

    • (b) any offending in respect of offences of violence, sexual offences, drugs offences, arms offences, or offences involving organised criminal activities:

    • (c) any offending in respect of major transport-related offences, particularly offences relating to safety or to road user charges:

    • (d) any persistent offending of any kind:

    • (e) any complaints in respect of the person or any transport service operated by the person that are of a persistent or serious nature.

    Compare: 1989 No 74 s 24(2)(a)

    Section 30D: inserted, on 1 October 2007, by section 18 of the Land Transport Amendment Act 2005 (2005 No 77).

30E Additional criteria for large passenger service vehicles
  • Without in any way limiting the matters that the Director may have regard to under section 30C(2), when the Director is assessing whether or not a person is a fit and proper person in relation to any passenger service involving the use of large passenger service vehicles, the Director must consider, in particular,—

    • (a) any history of serious behavioural problems that indicate a propensity for violence:

    • (b) any offending in respect of offences of violence or sexual offences:

    • (c) any offending in respect of major transport-related offences, particularly offences relating to safety or to road user charges.

    Compare: 1989 No 74 s 24(2)(b)

    Section 30E: inserted, on 1 October 2007, by section 18 of the Land Transport Amendment Act 2005 (2005 No 77).

30F Additional criteria for goods service
  • Without in any way limiting the matters that the Director may have regard to under section 30C(2), when the Director is assessing whether or not a person is a fit and proper person in relation to any goods service, the Director must consider, in particular,—

    • (a) any criminal activity conducted in the course of any transport service or transport-related business or employment:

    • (b) any offending in respect of major transport-related offences, particularly offences relating to safety or to road user charges.

    Compare: 1989 No 74 s 24(2)(c)

    Section 30F: inserted, on 1 October 2007, by section 18 of the Land Transport Amendment Act 2005 (2005 No 77).

Information requirements

  • Heading: inserted, on 1 October 2007, by section 18 of the Land Transport Amendment Act 2005 (2005 No 77).

30G Director may require information for fit and proper person assessment
  • The Director may, for the purpose of determining whether or not a person is a fit and proper person for any of the purposes of this Act,—

    • (a) seek and receive any information that the Director thinks fit; and

    • (b) consider information obtained from any source.

    Compare: 1989 No 74 s 24(4)

    Section 30G: inserted, on 1 October 2007, by section 18 of the Land Transport Amendment Act 2005 (2005 No 77).

30H Director's duties concerning prejudicial information
  • If the Director proposes to take into account any information that is or may be prejudicial to the person, the Director must, subject to section 30I(1) and to subpart 5, disclose that information to the person and, in accordance with subpart 5, give the person a reasonable opportunity to refute or comment on it.

    Compare: 1989 No 74 s 24(5)

    Section 30H: inserted, on 1 October 2007, by section 18 of the Land Transport Amendment Act 2005 (2005 No 77).

30I Non-disclosure by Director of information for safety reasons
  • (1) Nothing in section 30H requires the Director to disclose any information the disclosure of which would be likely to endanger the safety of any person.

    (2) If the Director determines not to disclose any information in reliance on subsection (1), the Director must inform the person of the fact of non-disclosure and,—

    • (a) in the case of non-disclosure to an individual of information about the individual,—

      • (i) inform the individual that he or she may, under the Privacy Act 1993, complain to the Privacy Commissioner about that non-disclosure; and

      • (ii) the provisions of that Act apply to that non-disclosure as if, following a request under that Act for the information withheld, the information has been withheld in reliance on section 27(1)(d) of that Act; and

    • (b) in any other case,—

      • (i) inform the person that the person may seek a review by an Ombudsman of that non-disclosure under the Official Information Act 1982; and

      • (ii) the provisions of that Act apply to that non-disclosure as if, following a request under that Act for the information withheld, the information had been withheld in reliance on section 6(d) of that Act.

    Compare: 1989 No 74 s 24(6), (7)

    Section 30I: inserted, on 1 October 2007, by section 18 of the Land Transport Amendment Act 2005 (2005 No 77).

Subpart 3Licensing of transport services

  • Subpart 3 heading: inserted, on 1 October 2007, by section 18 of the Land Transport Amendment Act 2005 (2005 No 77).

30J Transport service operators may not carry on certain transport services unless licensed to do so
  • A transport service operator may not carry on any of the following transport services unless licensed to do so:

    • (a) goods service:

    • (b) passenger service:

    • (c) rental service:

    • (d) vehicle recovery service.

    Section 30J: inserted, on 1 October 2007, by section 18 of the Land Transport Amendment Act 2005 (2005 No 77).

30K Application for transport service licence
  • (1) Every application for a transport service licence must be—

    • (a) made in accordance with the regulations and the rules; and

    • (b) accompanied by the fee (if any) required by the regulations.

    (2) A person may not hold or apply for a transport service licence while he or she is disqualified under this Act or any other Act from holding or obtaining a transport service licence.

    Compare: 1989 No 74, s 6

    Section 30K: inserted, on 1 October 2007, by section 18 of the Land Transport Amendment Act 2005 (2005 No 77).

30L Grant of licence
  • (1) After considering an application for a transport service licence, the Director may grant the licence only if the Director is satisfied that—

    • (a) the applicant is a fit and proper person to hold a transport service licence; and

    • (b) any person who is to have, or is likely to have, control or involvement in the operation of the transport service is a fit and proper person to have such control or involvement; and

    • (c) the applicant or any person who is to have control of the service is the holder of the appropriate certificate (if any) required by the regulations or the rules; and

    • (d) all relevant requirements of this Act, the regulations, and the rules have been complied with.

    (2) In determining whether or not a person is a fit and proper person to operate, control, or have an involvement in, a transport service, the Director must consider the matters specified in subpart 2.

    (3) Subpart 5 applies to a decision not to grant a transport service licence.

    Compare: 1989 No 74 s 8(1), (2)

    Section 30L: inserted, on 1 October 2007, by section 18 of the Land Transport Amendment Act 2005 (2005 No 77).

30M Conditions of transport service licences
  • Despite section 30L(1) and (2), the Director may grant the licence on such conditions as the Director may specify on the licence or in writing to the holder if the applicant applies for a goods service licence and the Director—

    • (a) is not satisfied that the applicant is a fit and proper person to operate a goods service under the licence sought; but

    • (b) is satisfied that—

      • (i) the applicant is a fit and proper person to operate a goods service under a licence to carry the applicant's own goods, if specified conditions are imposed; and

      • (ii) the grant of such a licence is not contrary to the public interest.

    Compare: 1989 No 74 s 8(3)

    Section 30M: inserted, on 1 October 2007, by section 18 of the Land Transport Amendment Act 2005 (2005 No 77).

30N Transfer, assignment, or lease of transport service licence prohibited
  • (1) A transport service licence may not be transferred, leased, or assigned to any person.

    (2) Nothing in subsection (1) prevents the carrying on of a transport service under a transport service licence that was previously held by a deceased person or a person permanently mentally incapacitated, for a period not exceeding 6 months following the death or incapacitation of the person,—

    • (a) by the personal representative of the deceased or incapacitated person; or

    • (b) by any other person under an arrangement with the personal representative.

    Compare: 1989 No 74 s 26(1), (2)

    Section 30N: inserted, on 1 October 2007, by section 18 of the Land Transport Amendment Act 2005 (2005 No 77).

30O Term of transport service licence
  • (1) A transport service licence takes effect on the day it is granted and continues in force until it is—

    • (a) surrendered under subsection (2); or

    • (b) deemed to be surrendered under subsection (3); or

    (2) The holder of a transport service licence may surrender the transport service licence at any time by written notice to the Director.

    (3) If no vehicle has been operated under a transport service licence for a period of 2 years, the licence is deemed to have been surrendered.

    (4) No transport service licence for a transport service operated by any of the following may be suspended or revoked for any reason:

    • (a) the Armed Forces; or

    • (b) the Fire Services Commission; or

    • (c) the police; or

    • (d) any emergency service organisation approved by the Director for the purposes of this section.

    Compare: 1989 No 74 ss 3(2), 27, 28

    Section 30O: inserted, on 1 October 2007, by section 18 of the Land Transport Amendment Act 2005 (2005 No 77).

30P Director may grant applications for approved taxi organisations
  • (1) The Director may grant an application by a person or an organisation to be an approved taxi organisation.

    (2) An application by a person or organisation to be an approved taxi organisation must be made in accordance with the regulations or the rules.

    (3) An approved taxi organisation must comply with the requirements relating to an approved taxi organisation specified in the regulations or the rules.

    (4) A holder of a passenger service licence may not operate a taxi service under that licence unless the licence holder is a member of an approved taxi organisation.

    Compare: 1989 No 74 ss 20, 21(1)

    Section 30P: inserted, on 1 October 2007, by section 18 of the Land Transport Amendment Act 2005 (2005 No 77).

30Q Circumstances in which Director must grant applications for approved taxi organisations
  • (1) Despite section 30P(1), the Director must grant an application if the Director is satisfied that—

    • (a) the applicant is—

      • (i) a person who holds, or has made an application for, a passenger service licence; or

      • (ii) an organisation that represents operators of taxi services; and

    • (b) any person who will have, or is likely to have, control of the proposed taxi organisation is a fit and proper person, within the meaning of subpart 2, to have control of the proposed taxi organisation; and

    • (c) any person who will have, or is likely to have, control of the proposed taxi organisation holds the appropriate certificate (if any) required by the regulations or the rules; and

    • (d) the operating rules, rosters, and other internal operating procedures of the proposed taxi organisation are likely to provide adequate control over the proposed taxi organisation's members and their drivers; and

    • (e) the proposed taxi organisation's members and their drivers have the ability to meet the relevant requirements of the regulations and the rules; and

    • (f) the proposed taxi organisation is likely to be able to meet the relevant requirements of the regulations and the rules; and

    • (g) the signage of the proposed taxi organisation is sufficiently distinguishable from the signage of any other approved taxi organisation operating in the same area.

    (2) Approval of an application includes approval of the proposed operating rules for the proposed taxi organisation.

    (3) Subpart 5 applies to a decision not to grant an application.

    Compare: 1989 No 74 s 21(3), (3A), (4)

    Section 30Q: inserted, on 1 October 2007, by section 18 of the Land Transport Amendment Act 2005 (2005 No 77).

30R Director may revoke approval
  • (1) The Director may revoke any approval granted under section 30P(1) or section 30Q(1) if—

    • (a) the person or organisation has been convicted 3 times or more of an offence against this Act or the regulations; or

    • (b) the person or organisation no longer meets the criteria to be an approved taxi organisation; or

    • (c) the Director is satisfied that the person or organisation, or any person in control of the organisation,—

      • (i) is not a fit and proper person, within the meaning of subpart 2, to have control of an approved taxi organisation; or

      • (ii) is not a fit and proper person to have control of an approved taxi organisation because the drivers within that approved taxi organisation have failed to maintain, in accordance with the regulations or the rules,—

        • (A) an adequate area knowledge; or

        • (B) an appropriate ability to communicate in the English language; or

      • (iii) is unable to maintain adequate control over the activities of its members or their drivers in accordance with—

        • (A) the organisation's operating rules; and

        • (B) any relevant regulations or rules made under this Act.

    (2) Subpart 5 applies to a decision to revoke an approval.

    Compare: 1989 No 74 s 23

    Section 30R: inserted, on 1 October 2007, by section 18 of the Land Transport Amendment Act 2005 (2005 No 77).

Subpart 4Revocation of transport service licences

  • Subpart 4 heading: inserted, on 1 October 2007, by section 18 of the Land Transport Amendment Act 2005 (2005 No 77).

30S When Director may revoke transport service licence
  • (1) The Director may revoke a transport service licence if the Director is satisfied that—

    • (a) the holder of the transport service licence is not a fit and proper person to be the holder of a transport service licence; or

    • (b) any person having control of the service, or any person who has an involvement in the operation of the service, is not a fit and proper person to have control of, or be involved in, the operation of the service.

    (2) Subpart 5 applies to a decision to revoke a transport service licence.

    Compare: 1989 No 74 s 11(1)

    Section 30S: inserted, on 1 October 2007, by section 18 of the Land Transport Amendment Act 2005 (2005 No 77).

30T Procedure Director must follow before revoking transport service licence
  • If the proposed revocation of a licence under this section is on the ground that a person other than the licence holder is not a fit and proper person,—

    • (a) the notice required to be given to the licence holder by section 30W must specify the steps that the Director will require to be taken if the licence is not to be revoked, which steps may include a requirement that the person concerned cease all involvement in the service within a specified period; and

    • (b) the licence must not be revoked where the licence holder complies with any such requirements of the Director.

    Compare: 1989 No 74 s 11(2) and (3)

    Section 30T: inserted, on 1 October 2007, by section 18 of the Land Transport Amendment Act 2005 (2005 No 77).

30U Suspension of transport service licence
  • (1) If the holder of a transport service licence, or any person who has control of the service, does not hold a certificate required by the regulations or the rules, the Director may suspend the licence until the holder of the licence or the person who has control of the service is the holder of such a certificate.

    (2) Subject to subsection (1), any such suspension shall cease immediately upon the holder of the licence or any person having control of the service obtaining the appropriate certificate and notifying the Director accordingly.

    (3) Subpart 5 applies to a decision to suspend a transport service licence.

    Compare: 1989 No 74 s 18(4) and (5)

    Section 30U: inserted, on 1 October 2007, by section 18 of the Land Transport Amendment Act 2005 (2005 No 77).

Subpart 5Adverse decisions

  • Subpart 5 heading: inserted, on 1 October 2007, by section 18 of the Land Transport Amendment Act 2005 (2005 No 77).

30V Interpretation
  • In sections 30W to 30Y, unless the context otherwise requires,—

    adverse decision means any decision of the Director—

    • (a) that a person is not a fit and proper person under subpart 2; or

    • (b) to refuse to grant—

      • (ii) approval as an approved taxi organisation under section 30Q(1); or

    • (c) to grant a licence on conditions under section 30M; or

    • (d) to revoke—

      • (ii) approval of an approved taxi organisation under section 30R(1); or

    • (e) to suspend—

      • (ii) a transport service driver or other person under section 87D; or

    • (f) to disqualify—

      • (ii) a transport service licence holder or person in control of a transport service under section 87B

    affected licence holder, in relation to any person directly affected by an adverse decision, means the holder of or the applicant for the transport service licence for the transport service in which that person has or is to have control or is or will be involved, whether as a driver or otherwise

    person directly affected, in relation to any adverse decision, means the person who would be entitled under section 106 to appeal against that adverse decision

    person on the basis of whose character the adverse decision arises, in relation to any adverse decision made or proposed to be made on the ground that any person is not a fit and proper person for the purposes of the relevant service, licence, or other matter to which the decision relates, means the person whom the Director assesses as not being a fit and proper person.

    Compare: 1989 No 74 s 25(1)

    Section 30V: inserted, on 1 October 2007, by section 18 of the Land Transport Amendment Act 2005 (2005 No 77).

30W Director to notify proposal to make adverse decision
  • (1) If the Director proposes to make an adverse decision under this Part in respect of any person, the Director must, by notice in writing,—

    • (a) notify the person directly affected of the proposed decision; and

    • (b) subject to subsection (3), inform that person of the grounds for the proposed decision; and

    • (c) specify a date by which submissions may be made to the Director in respect of the proposed decision (which date must not be less than 21 days after the date on which the notice is given); and

    • (d) if appropriate, specify the date on which the proposed decision will, unless the Director otherwise determines, take effect, being a date not earlier than 28 days after the date the notice is given; and

    • (e) notify the person of the person's right of appeal under section 106, in the event of the Director proceeding with the proposed decision; and

    • (f) specify such other matters as in any particular case may be required by this Act or any other Act.

    (2) If the Director gives a notice under subsection (1), the Director—

    • (a) must also supply a copy of the notice to—

      • (i) any person on the basis of whose character the adverse decision arises, where that person is not the person directly affected:

      • (ii) any affected licence holder, if the Director considers that the proposed adverse decision is likely to have a significant impact on the operations of that licence holder:

    • (b) may supply a copy of the notice to any other affected licence holder.

    (3) No notice or copy of a notice given under this section may include or be accompanied by any information referred to in section 30H except to the extent that—

    • (a) the notice or copy is supplied to the person to whom the information relates; or

    • (b) that person consents to the supply of that information to any other person.

    Compare: 1989 No 74 s 25(2)-(4)

    Section 30W: inserted, on 1 October 2007, by section 18 of the Land Transport Amendment Act 2005 (2005 No 77).

30X Procedure for consideration of information
  • If any notice or copy of a notice is given to any person under section 30W,—

    • (a) it is the responsibility of the person to ensure that all information that the person wishes to have considered by the Director in relation to the proposed adverse decision is received by the Director within the period specified in the notice under section 30W(1)(c), or within any further period that the Director may allow in any case:

    • (b) the Director may, but is not obliged to, consider any information supplied by the person after the expiry of the period referred to in paragraph (a), other than information requested by the Director and supplied by the person within such reasonable time as the Director may specify:

    • (c) the Director must consider any submissions made in accordance with paragraph (a), and any information supplied pursuant to a request referred to in paragraph (b), but is not obliged to hear any person on the matter.

    Compare: 1989 No 74 s 25(5)

    Section 30X: inserted, on 1 October 2007, by section 18 of the Land Transport Amendment Act 2005 (2005 No 77).

30Y Director's determination
  • After considering the matters referred to in section 30X(c), the Director must—

    • (a) finally determine whether or not to make the proposed adverse decision; and

    • (b) as soon as practicable thereafter, notify in writing to the person directly affected, and any other person of a kind referred to in section 30W(2)(a), of—

      • (i) the Director's decision; and

      • (ii) if appropriate, the date on which the decision will take effect; and

      • (iii) if appropriate, the right of appeal under section 106.

    Compare: 1989 No 74 s 25(6)

    Section 30Y: inserted, on 1 October 2007, by section 18 of the Land Transport Amendment Act 2005 (2005 No 77).

Part 4B
Work time and logbooks

  • Part 4B: inserted, on 1 October 2007, by section 19 of the Land Transport Amendment Act 2005 (2005 No 77).

30Z Application of Part
  • Nothing in this Part applies in respect of any rail service vehicle.

    Section 30Z: inserted, on 1 October 2007, by section 19 of the Land Transport Amendment Act 2005 (2005 No 77).

30ZA Director may grant exemptions or approve alternative fatigue management schemes
  • (1) If the Director takes into account the criteria specified in section 166(2), the Director may, upon any conditions that he or she considers appropriate,—

    • (a) with respect to subpart 1, grant written variations to work time requirements specified in subpart 1 or the rules:

    • (b) with respect to subpart 2, grant partial or total written exemptions from some or all of the requirements to maintain logbooks:

    • (c) approve, in accordance with the rules, an alternative fatigue management scheme that varies the work time restrictions or rest time requirements of any rule for all drivers covered by the relevant transport service licence.

    (2) A variation or exemption granted, or an approval given under subsection (1), in relation to work time or logbooks may be amended or revoked at any time by the Director in writing.

    (3) The Director may revoke, by notice in writing, any exemption from logbook use granted under the rules if the Director has reason to believe that the person has breached the rules or any conditions imposed under subsection (1).

    (4) Before approving an alternative fatigue management scheme under subsection (1)(c), the Director must be satisfied that the applicant has consulted any representatives of the drivers covered by the relevant transport licence (including, but not limited to, unions).

    Compare: 1962 No 135 s 70B(4), (5)

    Section 30ZA: inserted, on 1 October 2007, by section 19 of the Land Transport Amendment Act 2005 (2005 No 77).

Subpart 1Work time

  • Subpart 1 heading: inserted, on 1 October 2007, by section 19 of the Land Transport Amendment Act 2005 (2005 No 77).

30ZB Application of subpart
  • (1) This subpart applies if, in a cumulative work period,—

    • (a) a driver drives a vehicle that requires a class 2, 3, 4, or 5 licence (as specified in the rules); or

    • (b) a driver drives a vehicle that is used in—

      • (i) a transport service (other than a rental service); or

      • (ii) circumstances in which that vehicle must, or ought to, be operated under a transport service licence; or

    • (c) a driver drives a vehicle that is used to carry goods for hire or reward.

    (2) Despite subsection (1), this subpart—

    • (a) applies whether or not the vehicle is—

      • (i) engaged in any transport service; or

      • (ii) carrying any load or passengers; but

    • (b) does not apply to a driver of a goods service vehicle that—

      • (i) requires a class 1 or class 2 licence (as specified in the rules); and

      • (ii) is used within a 50 km radius of the vehicle's normal base of operation; and

      • (iii) is not used for hire or reward.

    Section 30ZB: inserted, on 1 October 2007, by section 19 of the Land Transport Amendment Act 2005 (2005 No 77).

30ZC Limits on work time
  • (1) No driver may work for a period of time that—

    • (a) exceeds the work time restrictions specified in this section, the rules, or any variation granted under section 30ZA; or

    • (b) fails to comply with the rest time requirements specified in this section, the rules, or any variation granted under section 30ZA.

    (2) In any cumulative work day, a driver—

    • (a) may not exceed 13 hours of work time; and

    • (b) must have at least 10 hours of continuous rest time.

    (3) No driver may, in any cumulative work period, exceed 70 hours of work time.

    (4) This section does not apply to a driver of an ambulance service, a fire brigade, or a rural fire party who is proceeding to or returning from an incident attended in response to a priority call specified in the rules.

    Compare: 1962 No 135 s 70B(1), (2)

    Section 30ZC: inserted, on 1 October 2007, by section 19 of the Land Transport Amendment Act 2005 (2005 No 77).

30ZD Records must be kept
  • (1) A person who employs a person to drive a vehicle referred to in section 30ZB, and any self-employed driver who drives a vehicle referred to in section 30ZB, must keep—

    • (a) time records, wage records, and other related employment records for the driver; and

    • (b) accommodation records and receipts for the driver that are relevant to the driver's transport service or transport service vehicle; and

    • (c) fuel records and receipts for the relevant transport service vehicles.

    (2) The person who keeps the records required under subsection (1) must—

    • (a) keep each record for 12 months from the date it is made; and

    • (b) make all relevant time records, fuel records and receipts, accommodation records and receipts, wage records, and other related employment records in the possession or control of that person available for immediate inspection on demand at any reasonable time by an enforcement officer.

    (3) Every enforcement officer to whom records are made available for inspection under subsection (2)(b) is entitled to make copies of those records.

    Compare: 1962 No 135 s 70B(6), (6A)

    Section 30ZD: inserted, on 1 October 2007, by section 19 of the Land Transport Amendment Act 2005 (2005 No 77).

Subpart 2Logbooks

  • Subpart 2 heading: inserted, on 1 October 2007, by section 19 of the Land Transport Amendment Act 2005 (2005 No 77).

30ZE Application of subpart
  • (1) This subpart applies if, in a cumulative work period,—

    • (a) a driver drives a vehicle that requires a class 2, 3, 4, or 5 licence (as specified in the rules); or

    • (b) a driver drives a vehicle that is used in—

      • (i) a transport service (other than a rental service); or

      • (ii) circumstances in which the vehicle must, or ought to, be operated under a transport service licence; or

    • (c) a driver drives a vehicle that is used to carry goods for hire or reward if that vehicle is a heavy motor vehicle.

    (2) Despite subsection (1), this subpart—

    • (a) applies whether or not the vehicle is—

      • (i) engaged in any transport service; or

      • (ii) carrying any load or passengers; but

    • (b) does not apply to a driver of a goods service vehicle that—

      • (i) requires a class 1 or class 2 licence (as specified in the rules); and

      • (ii) is used within a 50 km radius of the vehicle's normal base of operation; and

      • (iii) is not used for hire or reward.

    Section 30ZE: inserted, on 1 October 2007, by section 19 of the Land Transport Amendment Act 2005 (2005 No 77).

30ZF Drivers must maintain logbooks
  • Unless exempted under section 30ZA(1), the regulations, or the rules, a driver must maintain a logbook in the—

    • (a) manner prescribed by the rules; and

    • (b) form approved by the Director in accordance with the rules.

    Compare: 1962 No 135 s 70C(1)

    Section 30ZF: inserted, on 1 October 2007, by section 19 of the Land Transport Amendment Act 2005 (2005 No 77).

30ZG Director may approve or revoke alternative means of recording matters
  • The Director may, in accordance with the rules, approve or revoke an alternative means of recording matters relevant to the monitoring of work time.

    Section 30ZG: inserted, on 1 October 2007, by section 19 of the Land Transport Amendment Act 2005 (2005 No 77).

30ZH Duties regarding logbooks
  • (1) A driver must—

    • (a) retain a logbook required to be maintained by that driver under section 30ZF for a period of 12 months after the date of the last entry in that logbook; and

    • (b) in the case of a driver who is an employee, deliver a copy of each completed logbook record to the driver's employer within 14 days after completing that record, and the employer must retain the copy of each logbook record for a period of 12 months from the date of the record.

    (2) A driver must—

    • (a) carry a logbook with him or her at all times when driving a vehicle to which section 30ZE applies; and

    • (b) produce, on demand by any enforcement officer and without delay, any logbook that—

      • (i) the driver is required to maintain; and

      • (ii) relates to—

        • (A) the day of the driver's last rest time of at least 24 hours; and

        • (B) all the days since that rest time.

    (3) If the form of the logbook required to be maintained under section 30ZF includes an identical copy made simultaneously with the original of that logbook, and the logbook has been produced to an enforcement officer, that enforcement officer is entitled, on demand,—

    • (a) to remove that identical copy; or

    • (b) if that identical copy has previously been removed or is illegible, to make a copy of that logbook.

    (4) A person who is required to retain a logbook or a copy of a logbook under subsection (1) must make it and all relevant time records, wage records, and other related employment records available for immediate inspection on demand by an enforcement officer at any reasonable time during the period for which it is required to be retained.

    (5) A person to whom a logbook or a copy of a logbook or records are required to be made available for inspection under subsection (4) is entitled to make a copy of that logbook or that copy or those records.

    Compare: 1962 No 135 s 70C(5)-(7A)

    Section 30ZH: inserted, on 1 October 2007, by section 19 of the Land Transport Amendment Act 2005 (2005 No 77).

    Section 30ZH(2)(a): amended, on 1 October 2007, by section 6 of the Land Transport Amendment Act 2007 (2007 No 66).

Subpart 3Evidence in proceedings

  • Subpart 3 heading: inserted, on 1 October 2007, by section 19 of the Land Transport Amendment Act 2005 (2005 No 77).

30ZI Evidence in proceedings for offences against subpart 1 or subpart 2
  • (1) In proceedings for an offence against subpart 1 or subpart 2, the following is sufficient evidence of the contents of a log-book, unless the contrary is proved by production to the Court of the logbook or of an identical copy of the logbook made simultaneously with the original logbook,—

    • (a) evidence given by an enforcement officer authorised to demand the production of logbooks under section 30ZH(2)(b), or by any person who had that status at the time when the alleged offence was committed, as to the contents of any logbook 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 made, by an enforcement officer in accordance with section 30ZH(3) or section 30ZH(4).

    (2) In any proceedings in respect of an offence against subpart 1 it is presumed, until the contrary is proved, that the contents of any logbook produced to an enforcement officer authorised to demand production of the logbook or removed by an enforcement officer from an accident scene where the driver is incapacitated are an accurate statement of the truth of the matter required to be recorded in the logbook by section 30ZF.

    Compare: 1962 No 135 s 70D(8), (9)

    Section 30ZI: inserted, on 1 October 2007, by section 19 of the Land Transport Amendment Act 2005 (2005 No 77).

Part 5
Offences relating to driving (other than alcohol-related offences) and penalties

Offences relating to driver licensing

31 Contravention of sections 5(1)(a), 5(1)(b), 5(4), 30(2), 30(3), or 30(4A)
  • (1) A person commits an offence if the person—

    • (a) drives a motor vehicle on a road—

      • (i) with an expired driver licence; or

      • (ii) without an appropriate driver licence; or

    • (b) Drives a motor vehicle contrary to the conditions of his or her driver licence; or

    • (c) Is the driver of a motor vehicle and fails to produce his or her driver licence for inspection without delay after being required to do so by an enforcement officer; or

    • (d) Fails to return his or her driver licence to the Director, a person appointed by the Director, or a member of the police when required to do so by subsection (2) or subsection (3) or subsection (4A) of section 30.

    (2) The maximum penalty on conviction for an offence against subsection (1) is a fine not exceeding $1,000.

    Compare: 1986 No 6 s 37(3), (4)

    The heading was amended, as from 22 June 2005, by section 20(1) Land Transport Amendment Act 2005 (2005 No 77) by substituting the words 30(3), or 30(4A) for the words or 30(3). See sections 96 to 100 of that Act as to the transitional and savings provisions.

    Subsection (1)(a) was substituted, as from 22 June 2005, by section 20(2) 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)(d) was amended, as from 22 June 2005, by section 20(4) Land Transport Amendment Act 2005 (2005 No 77) by inserting the words , a person appointed by the Director, or a member of the police after the word Director. See sections 96 to 100 of that Act as to the transitional and savings provisions.

    Subsection (1)(d) was amended, as from 22 June 2005, by section 20(3) Land Transport Amendment Act 2005 (2005 No 77) by inserting the words or subsection (4A) after the words subsection (3). See sections 96 to 100 of that Act as to the transitional and savings provisions.

32 Contravention of section 5(1)(c)
  • (1) A person commits an offence if the person drives a motor vehicle on a road—

    • (a) While disqualified from holding or obtaining a driver licence; or

    • (b) Contrary to a limited licence; or

    • (c) While his or her driver licence is suspended or revoked.

    (2) Nothing in subsection (1) applies to any person—

    • (a) Who has been ordered by a court to attend an approved driving improvement course under section 92(1) or a programme approved by the Director under section 99A or to undergo any test or examination prescribed for a driver licence or endorsement; and

    • (b) Who, in the course of his or her attendance at that course or programme or while undergoing such a test or examination,—

      • (i) in the case of a motorcyclist, drives under the supervision of a person who holds a driving instructor or testing officer endorsement under Part 5 of the Land Transport (Driver Licensing) Rule 1999 that is relevant to a class of licence for a motorcycle:

    (3) If a person is convicted of a first or second offence against subsection (1),—

    • (a) The maximum penalty is imprisonment for a term not exceeding 3 months or a fine not exceeding $4,500; and

    • (b) The court must order the person to be disqualified from holding or obtaining a driver licence for 6 months or more.

    (4) If a person commits a third or subsequent offence against subsection (1) (whether or not of the same kind of offence as the previous offences), the person commits an indictable offence and on conviction—

    • (a) The maximum penalty is imprisonment for a term not exceeding 2 years or a fine not exceeding $6,000; and

    • (b) The court must order the person to be disqualified from holding or obtaining a driver licence for 1 year or more.

    (5) For the purposes of this section, a conviction for an offence against a provision of the Transport (Vehicle and Driver Registration and Licensing) Act 1986 or the Transport Act 1962 corresponding to an offence specified in subsection (1) is to be treated as a conviction for an offence specified in that subsection.

    (6) The imposition of a mandatory disqualification under this section is subject to section 81.

    Compare: 1962 No 135 ss 30AA(2B), (4), 35(1), (1A)

    Subsection (2)(a) was amended, as from 16 January 2006, by section 21(1) Land Transport Amendment Act 2005 (2005 No 77) by substituting the words an approved driving improvement course under section 92(1) or a programme approved by the Director under section 99A for the words a traffic improvement school. See sections 96 to 100 of that Act as to the transitional and savings provisions.

    Subsection (2)(b) was amended, as from 16 January 2006, by section 21(2) Land Transport Amendment Act 2005 (2005 No 77) by substituting the words course or programme for the word school. See sections 96 to 100 of that Act as to the transitional and savings provisions.

    Subsection (2)(b)(i) and (ii) were substituted, as from 16 January 2006, by section 21(3) Land Transport Amendment Act 2005 (2005 No 77). See sections 96 to 100 of that Act as to the transitional and savings provisions.

33 Contravention of section 5(2) or (3)
  • (1) A person commits an offence if the person holds or applies for a driver licence while disqualified from doing so or while his or her driver licence is suspended.

    (2) If a person is convicted of an offence against subsection (1),—

    • (a) The maximum penalty is imprisonment for a term not exceeding 3 months or a fine not exceeding $4,500; and

    • (b) The court must order the person to be disqualified from holding or obtaining a driver licence for 6 months or more.

    (3) The imposition of a mandatory disqualification under this section is subject to section 81.

    Compare: 1962 No 135 ss 30AA(3)(a), 34, 50

33A Offence to operate as driving instructor without authorisation
  • (1) A person commits an offence if the person provides, or offers or agrees to provide, driving instruction in a motor vehicle for financial or commercial gain without an appropriate current driver licence authorising the person to operate as a driving instructor.

    (2) The maximum penalty on conviction for an offence against subsection (1) is a fine not exceeding $1,000.

    Section 33A was inserted, as from 22 June 2005, by section 22 Land Transport Amendment Act 2005 (2005 No 77). See sections 96 to 100 of that Act as to the transitional and savings provisions.

Offences relating to driving (other than offences involving alcohol)

34 Contravention of section 6
  • (1) A person commits an offence if the person—

    • (a) Operates an unsafe motor vehicle on a road; or

    • (b) Operates a vehicle on a road without displaying current evidence of vehicle inspection or a certificate of loading or both (as may be required by the regulations or the rules); or

    • (c) Fails to comply with the provisions of the regulations or the rules concerning evidence of vehicle inspection, certificates of loading, or the operation of a vehicle that is required to have such evidence or certificate or both.

    (2) The maximum penalty on conviction for an offence against subsection (1) is a fine not exceeding $2,000.

    Compare: 1962 No 135 ss 79(8), 79B(6); SR 1976/227, regs 80, 85

35 Contravention of section 7, or section 22 where no injury or death involved
  • (1) A person commits an offence if the person—

    • (a) Operates a motor vehicle recklessly on a road; or

    • (b) Drives or causes a motor vehicle to be driven on a road at a speed or in a manner which, having regard to all the circumstances, is or might be dangerous to the public or to a person; or

    • (c) Without reasonable excuse, contravenes section 22 by failing to stop and ascertain whether any person has been injured, after an accident where no other person has been injured or killed.

    (2) If a person is convicted of an offence against subsection (1),—

    • (a) The maximum penalty is imprisonment for a term not exceeding 3 months or a fine not exceeding $4,500; and

    • (b) The court must order the person to be disqualified from holding or obtaining a driver licence for 6 months or more.

    (3) The imposition of a mandatory disqualification under this section is subject to section 81.

    Compare: 1962 No 135 ss 30AA(3)(d), 57, 65(5)

36 Contravention of section 7 or section 22 involving injury or death
  • (1) A person commits an indictable offence if the person—

    • (a) drives or causes to be driven a motor vehicle recklessly and by that act or omission causes an injury to or the death of another person; or

    • (b) drives or causes a motor vehicle to be driven at a speed or in a manner which, having regard to all the circumstances, is or might be dangerous to the public or to a person and by that act or omission causes an injury to or death of another person; or

    • (c) without reasonable excuse, contravenes section 22 by failing to stop and ascertain whether any person has been injured, and render assistance, after an accident where a person has been injured or killed.

    (2) If a person is convicted of an offence against subsection (1),—

    • (a) The maximum penalty is imprisonment for a term not exceeding 5 years or a fine not exceeding $20,000; and

    • (b) The court must order the person to be disqualified from holding or obtaining a driver licence for 1 year or more.

    (3) The imposition of a mandatory disqualification under this section is subject to section 81.

    Compare: 1962 No 135 ss 30AA(1), (2A)(b), (d), 55(1), 65(4)

    Subsection (1) was substituted, as from 22 June 2005, by section 23 Land Transport Amendment Act 2005 (2005 No 77). See sections 96 to 100 of that Act as to the transitional and savings provisions.

36A Contravention of section 22A
  • (1) A person commits an offence if the person—

    • (a) operates a motor vehicle in a race, or in an unnecessary exhibition of speed or acceleration, on a road in contravention of section 22A(1); or

    • (b) without reasonable excuse, intentionally pours onto, places on, or allows to spill onto a road

      • (i) any petrol, oil, or diesel fuel; or

      • (ii) any other substance likely to cause a vehicle to undergo loss of traction; or

    • (c) without reasonable excuse, operates a motor vehicle on a road in a manner that causes the vehicle to undergo sustained loss of traction in contravention of section 22A(3).

    (2) A person commits an indictable offence if the person commits an offence against subsection (1)(a) or (c), and by that act or omission causes an injury to or the death of another person.

    (3) A person who commits an offence against subsection (1)(a) or (c) that is an indictable offence is liable to the penalties set out in section 36(2), and section 36(2) and (3) apply as if the offence were an offence against section 36(1)(a) (such as operating a motor vehicle recklessly on a road, and by that act or omission causing an injury to or the death of another person).

    (4) A person who commits an offence against subsection (1)(a) or (c) that is not an indictable offence is liable to the penalties set out in section 35(2), and section 35(2) and (3) apply as if the offence were an offence against section 35(1)(a) (operating a motor vehicle recklessly on a road).

    (5) A person who commits an offence against subsection (1)(b) is liable to a fine not exceeding $3,000.

    Section 36A was inserted, as from 2 May 2003, by section 6 Land Transport (Unauthorised Street and Drag Racing) Amendment Act 2003 (2003 No 11).

36B Contravention of section 22B or section 22C
  • (1) A person commits an offence if the person—

    • (a) uses a traction engine without an appropriate qualification provided for in the regulations or the rules, for the purpose of qualifying the person to safely use the traction engine in a public place; or

    • (b) uses a traction engine in a public place in a manner that, having regard to all the circumstances, is or might be dangerous to the public or to a person; or

    • (c) uses a traction engine in a public place without displaying current evidence of vehicle inspection or any other certificate or both (as may be required by the regulations or the rules); or

    • (d) fails to comply with the regulations or the rules concerning evidence of vehicle inspection or any other certificate required by the regulations or the rules, or concerning the use of a traction engine that is required to have such evidence or certificate or both.

    (2) The maximum penalty on conviction for an offence against subsection (1) is a fine not exceeding $5,000.

    (3) For the purposes of this section, public place has the meaning set out in section 22B(3).

    Section 36B was inserted, as from 16 January 2006, by section 24 Land Transport Amendment Act 2005 (2005 No 77). See sections 96 to 100 of that Act as to the transitional and savings provisions.

37 Contravention of section 8
  • (1) A person commits an offence if the person operates a vehicle on a road carelessly or without reasonable consideration for other persons using the road.

    (2) If a person is convicted of an offence against subsection (1),—

    • (a) The maximum penalty is a fine not exceeding $3,000; and

    • (b) The court may order the person to be disqualified from holding or obtaining a driver licence for such period as the court thinks fit.

    Compare: 1962 No 135 ss 30AA(6), 60

38 Contravention of section 8 causing injury or death
  • (1) A person commits an offence if the person operates a vehicle on a road carelessly or without reasonable consideration for other persons using the road, and by that act or omission causes an injury to or the death of another person.

    (1A) A person commits an offence if—

    • (a) the person drives a motor vehicle, or causes a motor vehicle to be driven, carelessly; and

    • (b) by that act or omission, causes an injury to or the death of another person.

    (2) If a person is convicted of an offence against subsection (1) or subsection (1A),—

    • (a) The maximum penalty is imprisonment for a term not exceeding 3 months or a fine not exceeding $4,500; and

    • (b) The court must order the person to be disqualified from holding or obtaining a driver licence for 6 months or more.

    (3) The imposition of a mandatory disqualification under this section is subject to section 81.

    Compare: 1962 No 135 ss 30AA(3)(b), 56(1)

    Subsection (1A) was inserted, as from 22 June 2005, by section 25(1) Land Transport Amendment Act 2005 (2005 No 77). See sections 96 to 100 of that Act as to the transitional and savings provisions.

    Subsection (2) was amended, as from 22 June 2005, by section 25(2) Land Transport Amendment Act 2005 (2005 No 77) by inserting the words or subsection (1A) after the expression subsection (1). See sections 96 to 100 of that Act as to the transitional and savings provisions.

39 Aggravated careless use of vehicle causing injury or death
  • (1) A person commits an indictable offence if the person causes bodily injury to or the death of a person by carelessly using a motor vehicle while—

    • (a) Driving the motor vehicle at a speed exceeding the applicable speed limit; or

    • (b) Driving the motor vehicle in such a manner as to commit an offence against the regulations or the rules concerning the manner in which a driver may overtake another vehicle or concerning the part of the road on which a driver may drive his or her motor vehicle.

    (2) If a person is convicted of an offence against subsection (1),—

    • (a) The maximum penalty is imprisonment for a term not exceeding 3 years or a fine not exceeding $10,000; and

    • (b) The court must order the person to be disqualified from holding or obtaining a driver licence for 1 year or more.

    (3) The imposition of a mandatory disqualification under this section is subject to section 81.

    Compare: 1962 No 135 ss 30AA(2), (2A), 56(1A)

Offences relating to rules

40 Contravention of ordinary rules
  • (1) A person commits an offence if the person contravenes a provision of an ordinary rule and the contravention of that provision is for the time being prescribed as an offence by regulations made under section 167.

    (2) If a person is convicted of an offence referred to in subsection (1), the person is liable to the applicable penalty set out in the regulations.

    Compare: 1993 No 88 s 30

41 Contravention of emergency rules
  • (1) A person commits an offence if the person, without reasonable excuse, acts in contravention of or fails to comply with an emergency rule.

    (2) If a person is convicted of an offence against subsection (1),—

    • (a) The maximum fine for an individual is $2,000:

    • (b) The maximum fine for a body corporate is $10,000.

    Compare: 1993 No 88 s 30

Loading offences

42 Failure to secure load
  • (1) A person operating a motor vehicle on a road, and any person loading that vehicle, commits an offence if the person fails to ensure that any load carried in or on the vehicle, or in or on a vehicle being towed by the vehicle driven by the operator, is secured and contained in such a manner that it cannot fall or escape from the vehicle.

    (2) If a person is convicted of an offence against subsection (1),—

    • (a) The maximum fine for an individual is $2,000 and the court may disqualify the person from holding or obtaining a driver licence for such period as the court thinks fit:

    • (b) The maximum fine for a body corporate is $10,000.

    Compare: 1962 No 135 s 70(1)

    Subsection (1) was amended, as from 22 June 2005, by section 26 Land Transport Amendment Act 2005 (2005 No 77) by inserting the words , and any person loading that vehicle, after the words on a road. See sections 96 to 100 of that Act as to the transitional and savings provisions.

43 Overloading offences
  • (1) A person operating a heavy motor vehicle or combination of vehicles commits an infringement offence if the person operates the vehicle or combination of vehicles in breach of the applicable prescribed maximum gross weight limits for motor vehicles or prescribed maximum weight limits for axles or groups of axles of motor vehicles.

    (2) Separate offences are committed in respect of every axle, every group of axles, and the total number of axles of a heavy motor vehicle or combination of vehicles, if the weight on that axle or axles exceeds the relevant prescribed maximum gross weight limit or prescribed maximum weight limit.

    (3) If a person commits an infringement offence against this section, the person must pay the penalty prescribed by the regulations or (if no such penalty is prescribed) the appropriate penalty specified in or under the Transport Act 1962.

    Compare: 1962 No 135 s 69B

43A Courts may impose appropriate fines for infringement offences that are not overloading offences
  • A court may impose a fine for an infringement offence, other than an overloading offence, that is not more than the maximum fine prescribed for that offence, whether the fine imposed is more than, the same as, or less than the prescribed infringement fee for that offence.

    Section 43A was inserted, as from 22 June 2005, by section 27 Land Transport Amendment Act 2005 (2005 No 77). See sections 96 to 100 of that Act as to the transitional and savings provisions.

Other offences

44 Contravention of section 14
  • (1) A person commits an offence if the person is required by or under this Act to give any specified information or gives a statutory declaration for any purpose under this Act, and, in response to that requirement, or in that declaration, gives information that the person knows to be false or misleading.

    (2) The maximum penalty on conviction for an offence against subsection (1) is a fine not exceeding $10,000.

    (3) Nothing in this section affects section 111 of the Crimes Act 1961.

    Compare: 1962 No 135 s 41B(7)

45 Contravention of section 17
  • (1) A person commits an offence if the person, with intent to cause a false record of the distance travelled by a motor vehicle to be shown or recorded, makes or causes to be made any alteration to the distance recorder or to the vehicle.

    (2) The maximum penalty on conviction for an offence against subsection (1) is a fine not exceeding $2,000.

    Compare: 1962 No 135 s 192B

46 Contravention of section 20
  • (1) A person commits an offence if the person, without reasonable excuse,—

    • (a) Conducts a traffic survey to which section 20 applies without the prior written consent of the Director; or

    • (b) Fails to comply with any condition or direction given under section 20.

    (2) The maximum penalty on conviction for an offence against subsection (1) is a fine not exceeding $2,000.

    Compare: 1962 No 135 ss 30, 193

47 Contravention of section 22(2), (3), (4), or (5)
  • (1) A person commits an offence if the person, without reasonable excuse, fails to provide the particulars specified under section 22(2) when required to do so under that section.

    (2) A person commits an offence if the person, without reasonable excuse, fails to report an accident involving an injury to or the death of a person, in accordance with section 22(3), when required to do so by that section.

    (3) A person commits an offence if the person, without reasonable excuse, fails to report damage to a motor vehicle or other property, in accordance with section 22(4) or (5), when required to do so by the applicable section.

    (4) The maximum penalty on conviction for an offence against subsection (1) or subsection (2) or subsection (3) is a fine not exceeding $5,000.

    Section 47 was substituted, as from 22 June 2005, by section 28 Land Transport Amendment Act 2005 (2005 No 77). See sections 96 to 100 of that Act as to the transitional and savings provisions.

48 Contravention of section 92 (4)
  • (1) A person commits an offence if the person, without reasonable excuse, fails to attend or pay the fee for a driving improvement course or dangerous goods course in accordance with section 92(4), or neither attends nor pays the fee.

    (2) The maximum penalty on conviction for an offence against subsection (1) is a fine not exceeding $2,000.

49 Contravention of section 97(5) or (6)
  • (1) A person commits an offence if—

    • (a) The person, without reasonable excuse and acting without authority under this Act, removes or releases from storage a motor vehicle impounded under any of sections 96, 96A, 122, and 123; or

    • (b) The person is a storage provider and fails or refuses, without reasonable excuse, to comply immediately with a direction under this Act to release a vehicle impounded under any of sections 96, 96A, 122, and 123 to the owner or a person authorised by the owner.

    (2) The maximum penalty on conviction for an offence against subsection (1) is a fine not exceeding $5,000.

    Section 49(1)(a): amended, on 1 October 2007, by section 29(1) of the Land Transport Amendment Act 2005 (2005 No 77).

    Section 49(1)(b): amended, on 1 October 2007, by section 29(2) of the Land Transport Amendment Act 2005 (2005 No 77).

50 Contravention of section 117(2)
  • (1) A person commits an offence if the person fails or refuses to release immediately a motor vehicle to another person when required to do so by section 117(2).

    (2) The maximum penalty on conviction for an offence against subsection (1) is a fine not exceeding $2,000.

51 Contravention of section 198(4)
  • (1) A person commits an offence if the person, without reasonable excuse, fails or refuses to comply with a requirement made under section 198 in relation to an audit or inspection.

    (2) The maximum penalty on conviction for an offence against subsection (1) is a fine not exceeding $5,000.

52 Contravening notices, requirements, etc, given or imposed by enforcement officers
  • (1) A person commits an offence if the person—

    • (aa) is the driver of a vehicle that is stopped and fails to remain stopped in accordance with section 114(2A); or

    • (a) Removes, obscures, or renders indistinguishable a notice affixed to a vehicle under section 115, unless new evidence of vehicle inspection has been obtained for the vehicle or (if the notice was given under section 96(1B)) the direction requiring the vehicle not to be driven on a road has been cancelled under section 102(3)(b) or section 110(3)(a)(ii) or, if section 115(2A) applies, the enforcement officer has been notified in writing that the vehicle complies with the regulations and the rules; or

    • (b) Drives a vehicle to which a notice under section 115 applies (other than when driving in compliance with a condition imposed under subsection (4) or subsection (5) of that section or under section 96(1D)) before new evidence of vehicle inspection has been obtained for, and is displayed on, the vehicle; or

    • (c) Fails or refuses to comply with any lawful requirement, direction, notice, request, or prohibition given to or imposed on him or her under this Act by an enforcement officer or a dangerous goods enforcement officer; or

    • (d) Whether or not he or she is the person to whom the direction was given, knowingly drives a heavy motor vehicle on a road in breach of a direction given by an enforcement officer under section 128.

    (2) The maximum penalty on conviction for an offence against subsection (1) is a fine not exceeding $10,000.

    Compare: 1962 No 135 ss 30AA(5), (7), 70A(2)(b)

    Subsection (1)(aa) was inserted, as from 22 June 2005, by section 30(1) 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)(a) was amended, as from 2 May 2003, by section 7(a) Land Transport (Unauthorised Street and Drag Racing) Amendment Act 2003 (2003 No 11) by inserting the words or (if the notice was given under section 96(1B)) the direction requiring the vehicle not to be driven on a road has been cancelled under section 102(3)(b) or section 110(3)(a)(ii) after the words for the vehicle.

    Subsection (1)(a) was amended, as from 16 January 2006, by section 30(2) Land Transport Amendment Act 2005 (2005 No 77) by adding the words or, if section 115(2A) applies, the enforcement officer has been notified in writing that the vehicle complies with the regulations and the rules. See sections 96 to 100 of that Act as to the transitional and savings provisions.

    Subsection (1)(b) was amended, as from 2 May 2003, by section 7(b) Land Transport (Unauthorised Street and Drag Racing) Amendment Act 2003 (2003 No 11) by inserting the words or under section 96(1D) after the words subsection (5) of that section.

53 Obstruction of enforcement officer or dangerous goods enforcement officer
  • (1) A person commits an offence if the person, without reasonable excuse, obstructs or hinders, or incites any other person to obstruct or hinder, an enforcement officer or dangerous goods enforcement officer in the execution of his or her functions or powers under this Act.

    (2) The maximum penalty on conviction for an offence against subsection (1) is a fine not exceeding $10,000.

    Compare: 1962 No 135 s 80(2)(a)

54 Personation of enforcement officer
  • (1) A person commits an offence if the person (other than an enforcement officer or a dangerous goods enforcement officer), without reasonable excuse, by words, conduct, or demeanour pretends to be an enforcement officer or a dangerous goods enforcement officer, or puts on or assumes the dress, name, designation, or description of an enforcement officer or dangerous goods enforcement officer.

    (2) The maximum penalty on conviction for an offence against subsection (1) is a fine not exceeding $10,000.

    (3) Subsection (1) does not affect section 51 of the Police Act 1958.

    Compare: 1962 No 135 s 192A

55 Tampering with vehicle surveillance equipment
  • (1) A person commits an offence if the person—

    • (a) Tampers with approved vehicle surveillance equipment; or

    • (b) Interferes with—

      • (i) Approved vehicle surveillance equipment; or

      • (ii) The operation of approved vehicle surveillance equipment.

    (2) The maximum penalty on conviction for an offence against subsection (1) is a fine not exceeding $5,000.

    Compare: 1962 No 135 s 42(2)

Part 6
Driving offences involving drink or drugs, and penalties and procedures

Offences and penalties

56 Contravention of specified breath or blood-alcohol limit
  • (1) A person commits an offence if the person drives or attempts to drive a motor vehicle on a road while the proportion of alcohol in the person's breath, as ascertained by an evidential breath test subsequently undergone by the person under section 69, exceeds 400 micrograms of alcohol per litre of breath.

    (2) A person commits an offence if the person drives or attempts to drive a motor vehicle on a road while the proportion of alcohol in the person's blood, as ascertained from an analysis of a blood specimen subsequently taken from the person under section 72 or section 73, exceeds 80 milligrams of alcohol per 100 millilitres of blood.

    (3) If a person is convicted of a first or second offence against subsection (1) or subsection (2),—

    • (a) The maximum penalty is imprisonment for a term not exceeding 3 months or a fine not exceeding $4,500; and

    • (b) The court must order the person to be disqualified from holding or obtaining a driver licence for 6 months or more.

    (4) If a person commits a third or subsequent offence against subsection (1) or subsection (2) or any of sections 58(1), 60(1), or 61(1) or (2) (whether or not that offence is of the same kind as the person's first or second offence against any of those provisions), the person commits an indictable offence and on conviction—

    • (a) The maximum penalty is imprisonment for a term not exceeding 2 years or a fine not exceeding $6,000; and

    • (b) The court must order the person to be disqualified from holding or obtaining a driver licence for more than 1 year.

    (4A) Subsection (4)(b) does not apply if an order is made under section 65.

    (5) For the purposes of this section, a conviction for an offence against a provision of the Transport Act 1962 corresponding to an offence specified in subsection (4) is to be treated as a conviction for an offence specified in that subsection.

    (6) The imposition of a mandatory disqualification under this section is subject to section 81.

    Compare: 1962 No 135 ss 30AB(2), 58(1)(a), (c)

    Subsection (4) was amended, as from 16 January 2006, by section 31(1) Land Transport Amendment Act 2005 (2005 No 77) by substituting the words any of sections 58(1), 60(1), or 61(1) or (2) for the words section 58(1) or section 60(1). See sections 96 to 100 of that Act as to the transitional and savings provisions.

    Subsection (4)(b) was amended, as from 16 January 2006, by section 31(2) Land Transport Amendment Act 2005 (2005 No 77) by substituting the words more than 1 year for the words 1 year or more. See sections 96 to 100 of that Act as to the transitional and savings provisions.

    Subsection (4A) was inserted, as from 16 January 2006, by section 31(3) Land Transport Amendment Act 2005 (2005 No 77). See sections 96 to 100 of that Act as to the transitional and savings provisions.

57 Contravention of specified breath or blood-alcohol limit by person younger than 20
  • (1) A person younger than 20 commits an offence if the person drives or attempts to drive a motor vehicle on a road while the proportion of alcohol in the person's breath, as ascertained by an evidential breath test subsequently undergone by the person under section 69, exceeds 150 micrograms of alcohol per litre of breath.

    (2) A person younger than 20 commits an offence if the person drives or attempts to drive a motor vehicle on a road while the proportion of alcohol in the person's blood, as ascertained from an analysis of a blood specimen subsequently taken from the person under section 72 or section 73, exceeds 30 milligrams of alcohol per 100 millilitres of blood.

    (3) If a person commits an offence against subsection (1) or subsection (2),—

    • (a) The maximum penalty is imprisonment for a term not exceeding 3 months or a fine not exceeding $2,250; and

    • (b) The court must order the person to be disqualified from holding or obtaining a driver licence for 3 months or more.

    (4) The imposition of a mandatory disqualification under this section is subject to section 81.

    Compare: 1962 No 135 ss 30AB(2A), 58(1)(f), (g)

58 Contravention of section 12
  • (1) A person commits an offence if the person drives or attempts to drive a motor vehicle on a road while under the influence of drink or a drug, or both, to such an extent as to be incapable of having proper control of the vehicle.

    (2) If a person is convicted of a first or second offence against subsection (1),—

    • (a) The maximum penalty is imprisonment for a term not exceeding 3 months or a fine not exceeding $4,500; and

    • (b) The court must order the person to be disqualified from holding or obtaining a driver licence for 6 months or more.

    (3) If a person commits a third or subsequent offence against subsection (1) or any of sections 56(1), 56(2), 60(1), and 61(1) and (2) (whether or not that offence is of the same kind as the person's first or second offence against any of those provisions), the person commits an indictable offence and on conviction—

    • (a) The maximum penalty is imprisonment for a term not exceeding 2 years or a fine not exceeding $6,000; and

    • (b) The court must order the person to be disqualified from holding or obtaining a driver licence for more than 1 year.

    (3A) Subsection (3)(b) does not apply if an order is made under section 65.

    (4) For the purposes of this section, a conviction for an offence against a provision of the Transport Act 1962 corresponding to an offence specified in subsection (3) is to be treated as a conviction for an offence specified in that subsection.

    (5) The imposition of a mandatory disqualification under this section is subject to section 81.

    Compare: 1962 No 135 s 58(1)(e)

    Subsection (3) was amended, as from 16 January 2006, by section 32(1) Land Transport Amendment Act 2005 (2005 No 77) by substituting the words 60(1), and 61(1) and (2) for the words and 60(1). See sections 96 to 100 of that Act as to the transitional and savings provisions.

    Subsection (3)(b) was amended, as from 16 January 2006, by section 32(2) Land Transport Amendment Act 2005 (2005 No 77) by substituting the words more than 1 year for the words 1 year or more. See sections 96 to 100 of that Act as to the transitional and savings provisions.

    Subsection (3A) was inserted, as from 16 January 2006, by section 32(3) Land Transport Amendment Act 2005 (2005 No 77).

59 Failure or refusal to remain at specified place or to accompany enforcement officer
  • (1) A person commits an offence if the person—

    • (a) Fails or refuses to remain at the place where the person underwent a breath screening test under section 68 until after the result of the test is ascertained; or

    • (b) Fails or refuses to accompany without delay an enforcement officer to a place when required to do so under section 69; or

    • (c) Having accompanied an enforcement officer to a place under a requirement under section 69 or section 72,—

      • (i) Fails or refuses to remain at that place until the person is required either to undergo an evidential breath test or a blood test under this Act; or

      • (ii) Fails or refuses to accompany an enforcement officer to another place under either of those sections; or

    • (d) Having undergone an evidential breath test under a requirement under section 69, fails or refuses to remain at the place where the person underwent the test until after the result of the test is ascertained.

    (2) If a person is convicted of an offence against subsection (1),—

    • (a) The maximum penalty is a fine not exceeding $4,500; and

    • (b) The court may disqualify the person from holding or obtaining a driver licence for such period as the court thinks fit.

    Compare: 1962 No 135 ss 30AB(3), 58A(4), 58B(5), 58C(5)

60 Failure or refusal to permit blood specimen to be taken
  • (1) A person commits an offence if the person—

    • (a) Fails or refuses to permit a blood specimen to be taken after having been required to do so under section 72 by an enforcement officer; or

    • (b) Fails or refuses to permit a blood specimen to be taken without delay after having been requested to do so under section 72 by a medical practitioner or medical officer; or

    • (c) Is a person from whom a medical practitioner or medical officer may take a blood specimen under section 73 and refuses or fails to permit such a person to take a blood specimen.

    (2) If a person is convicted of a first or second offence against subsection (1),—

    • (a) The maximum penalty is imprisonment for a term not exceeding 3 months or a fine not exceeding $4,500; and

    • (b) The court must order the person to be disqualified from holding or obtaining a driver licence for 6 months or more.

    (3) If a person commits a third or subsequent offence against subsection (1) or any of sections 56(1), 56(2), 58(1), and 61(1) and (2) (whether or not that offence is of the same kind as the person's first or second offence against any of those provisions), the person commits an indictable offence and on conviction—

    • (a) The maximum penalty is imprisonment for a term not exceeding 2 years or a fine not exceeding $6,000; and

    • (b) The court must order the person to be disqualified from holding or obtaining a driver licence for more than 1 year.

    (3A) Subsection (3)(b) does not apply if an order is made under section 65.

    (4) For the purposes of this section, a conviction for an offence against a provision of the Transport Act 1962 corresponding to an offence specified in subsection (3) is to be treated as a conviction for an offence specified in that subsection.

    (5) The imposition of a mandatory disqualification under this section is subject to section 81.

    Compare: 1962 No 135 ss 30A(2), 58E

    Subsection (1)(b) and (c) was amended, as from 18 September 2004, by section 175(1) Health Practitioners Competence Assurance Act 2003 (2003 No 48) by omitting the word registered. See sections 178 to 227 of that Act as to the transitional provisions.

    Subsection (3) was amended, as from 16 January 2006, by section 33(1) Land Transport Amendment Act 2005 (2005 No 77) by substituting the words 58(1), and 61(1) and (2) for the words and 58(1). See sections 96 to 100 of that Act as to the transitional and savings provisions.

    Subsection (3)(b) was amended, as from 16 January 2006, by section 32(3) Land Transport Amendment Act 2005 (2005 No 77) by substituting the words more than 1 year for the words 1 year or more. See sections 96 to 100 of that Act as to the transitional and savings provisions.

    Subsection (3A) was inserted, as from 16 January 2006, by section 33(3) Land Transport Amendment Act 2005 (2005 No 77).

61 Person in charge of motor vehicle causing injury or death
  • (1) A person commits an indictable offence if the person is in charge of a motor vehicle and causes bodily injury to or the death of a person while—

    • (a) The proportion of alcohol in the breath of the person in charge, as ascertained by an evidential breath test subsequently undergone by that person under section 69, exceeds 400 micrograms of alcohol per litre of breath; or

    • (b) The proportion of alcohol in the blood of the person in charge, as ascertained from an analysis of a blood specimen subsequently taken from that person under section 72 or section 73, exceeds 80 milligrams of alcohol per 100 millilitres of blood.

    (2) A person commits an indictable offence if the person is in charge of a motor vehicle and causes bodily injury to or the death of a person while the person in charge is under the influence of drink or a drug, or both, to such an extent as to be incapable of having proper control of the vehicle.

    (3) If a person is convicted of an offence against subsection (1) or subsection (2),—

    • (a) The maximum penalty is imprisonment for a term not exceeding 5 years or a fine not exceeding $20,000; and

    • (b) the court must order the person to be disqualified from holding or obtaining a driver licence for 1 year or more in the case of a first or second offence against this section or section 56(1) or (2), or section 58(1), or section 60(1).

    (3A) If a person is convicted of a third or subsequent offence against this section or section 56(1) or (2), or section 58(1), or section 60(1) (whether or not that offence is of the same kind as the person's first or second offence against any of those provisions), the court must order the person to be disqualified from holding or obtaining a driver licence for more than 1 year.

    (3B) Subsection (3A) does not apply if an order is made under section 65.

    (4) The imposition of a mandatory disqualification under this section is subject to section 81.

    Compare: 1962 No 135 ss 30AB(1), (1A), 55(2)

    Subsections (1) and (2) were amended, as from 16 January 2006, by section 34(1) Land Transport Amendment Act 2005 (2005 No 77) by omitting the words on a road. See sections 96 to 100 of that Act as to the transitional and savings provisions.

    Subsection (3)(b) was substituted, as from 16 January 2006, by section 34(2) Land Transport Amendment Act 2005 (2005 No 77). See sections 96 to 100 of that Act as to the transitional and savings provisions.

    Subsections (3A) and (3B) were inserted, as from 16 January 2006, by section 34(3) Land Transport Amendment Act 2005 (2005 No 77). See sections 96 to 100 of that Act as to the transitional and savings provisions.

62 Causing injury or death in circumstances to which section 61 does not apply
  • (1) A person commits an indictable offence if the person causes bodily injury to or the death of a person by carelessly driving a motor vehicle while driving the vehicle while under the influence of drink or a drug, or both, but not so as to commit an offence against section 61.

    (2) If a person commits an offence against subsection (1),—

    • (a) The maximum penalty is imprisonment for a term not exceeding 3 years or a fine not exceeding $10,000; and

    • (b) The court must order the person to be disqualified from holding or obtaining a driver licence for 1 year or more.

    (3) The imposition of a mandatory disqualification under this section is subject to section 81.

    Compare: 1962 No 135 ss 30AA(2), (2A), 56(1A)(b)

63 Further penalty in certain cases where person driving vehicle used in transport service
  • (1) If a person is convicted of an offence against any of sections 56 to 62 that relates to the driving or attempted driving by that person of a vehicle being used in a transport service (other than a rental service), the court must, in addition to any other penalty the court may impose, disqualify that person from driving a vehicle being used in a transport service (other than a rental service) for such period exceeding 1 year but not more than 10 years as the court thinks fit.

    (2) This section does not limit the power of a court under any other provision of this Act to disqualify a person for a period exceeding 10 years.

    (3) This section overrides section 94 (which relates to community-based sentences).

    Compare: 1962 No 135 s 30AD

Defences

64 Defences
  • (1) It is a defence to proceedings for an offence against section 60 (which relates to failing or refusing to supply a blood specimen) if the court is satisfied, on the evidence of a medical practitioner, that the taking of a blood specimen from the defendant would have been prejudicial to the defendant's health.

    (2) It is no defence to proceedings for an offence that a provision forming part of sections 68 to 75A, and 77 has not been strictly complied with or has not been complied with at all, provided there has been reasonable compliance with such of those provisions as apply.

    (3) In any proceedings against any person for an offence against section 52(1)(c) arising out of circumstances in which an enforcement officer exercised powers under section 121(2) and in respect of which a breath screening test or an evidential breath test or a blood test was undergone by the person, it is no defence that—

    • (a) The breath screening test or evidential breath test indicated that the proportion of alcohol in the person's breath did not exceed—

      • (i) 150 micrograms of alcohol per litre of breath, in the case of a person apparently younger than 20; or

      • (ii) 400 micrograms of alcohol per litre of breath, in any other case; or

    • (b) Any evidence given in respect of the results of a blood test indicates that the proportion of alcohol in the person's blood did not exceed—

      • (i) 30 milligrams of alcohol per 100 millilitres of blood, in the case of a person apparently younger than 20; or

      • (ii) 80 milligrams of alcohol per 100 millilitres of blood, in any other case.

    (3A) It is no defence to proceedings for an offence against section 60 (which relates to failing or refusing to supply a blood specimen) that—

    • (a) there was or may have been an error in the result of the breath screening test or evidential breath test; or

    • (b) the occurrence or likely occurrence of any such error did not entitle or empower a person to request or require an evidential breath test or a blood test.

    (4) It is no defence to proceedings for an offence against this Act in respect of the proportion of alcohol in a person's breath—

    • (a) That there was or may have been an error in the result of the breath screening test or evidential breath test; or

    • (b) That the occurrence or likely occurrence of any such error did not entitle or empower a person to request or require an evidential breath test.

    (5) It is no defence to proceedings for an offence against this Act in respect of the proportion of alcohol in a person's blood—

    • (a) That there was or may have been an error in the result of the breath screening test or evidential breath test; or

    • (b) That the occurrence or likely occurrence of any such error did not entitle or empower a person to request or require an evidential breath test or a blood test.

    Compare: 1962 No 135 ss 58(6), 58I, 63(3)

    Subsection (1) was amended, as from 18 September 2004, by section 175(1) Health Practitioners Competence Assurance Act 2003 (2003 No 48) by omitting the word registered. See sections 178 to 227 of that Act as to the transitional provisions.

    Subsection (2) was amended, as from 29 December 2001, by section 5(1) Land Transport (Road Safety Enforcement) Amendment Act 2001 (2001 No 104) by substituting the expression sections 68 to 75 for the expression 68 to 75A and 77.

    Subsection (3A) was inserted, as from 22 June 2005, by section 35 Land Transport Amendment Act 2005 (2005 No 77). See sections 96 to 100 of that Act as to the transitional and savings provisions.

    Subsection (4)(a) was amended, as from 29 December 2001, by section 5(2) Land Transport (Road Safety Enforcement) Amendment Act 2001 (2001 No 104) by inserting, after the words the breath screening test, the words or evidential breath test.

Repeat offences

65 Mandatory penalties for repeat offences involving use of alcohol or drugs
  • (1) This section applies to offences against any of sections 56 to 62.

    (2) If—

    • (a) A court convicts a person of an offence to which this section applies; and

    • (b) The person convicted has previously been convicted of such an offence committed within 5 years of the date of the commission of the offence being dealt with by the court,—

    the court must (unless prevented by subsection (3)) make an order requiring the person to attend an Assessment Centre and disqualifying the person from holding or obtaining a driver licence until the Director removes that disqualification under section 100.

    (3) The court may not make an order referred to in subsection (2) unless at least 1 of the offences was—

    • (a) An offence to which this section applies where either—

      • (i) The proportion of alcohol in the person's breath, as ascertained by an evidential breath test, exceeded 1,000 micrograms of alcohol per litre of breath; or

      • (ii) The proportion of alcohol in the person's blood, as ascertained from an analysis of a blood specimen, exceeded 200 milligrams of alcohol per 100 millilitres of blood; or

    • (b) An offence against section 59 or section 60 (which relate to failing to remain or to accompany or to permit a blood specimen to be taken for the purposes of the administration of breath tests and blood tests).

    (4) The court must make an order that requires a person to attend an Assessment Centre and that disqualifies that person from holding or obtaining a driver licence until the Director removes that disqualification under section 100 if—

    • (a) the court convicts that person of a third or subsequent offence to which this section applies; and

    • (b) the 2 or more previous offences were committed within 5 years of the date of the commission of the offence being dealt with by the court.

    (5) For the purposes of this section, a conviction for an offence against a provision of the Transport Act 1962 corresponding to an offence to which this section applies is to be treated as a conviction for an offence specified in subsection (1).

    Compare: 1962 No 135 s 30A

    Subsection (4) was substituted, as from 16 January 2006, by section 36 Land Transport Amendment Act 2005 (2005 No 77). See sections 96 to 100 of that Act as to the transitional and savings provisions.

Name suppression

66 Names of drivers convicted of alcohol or drug-related offences may not be suppressed
  • Unless for special reasons the court thinks fit to order otherwise, the power of prohibiting the publication of the names of accused persons or of reports or accounts of their arrest, trial, conviction, or sentence conferred on a court by section 138 or section 140 of the Criminal Justice Act 1985, or by any other enactment, is not exercisable in the case of a person who is convicted of an offence against any of sections 56 to 62.

    Compare: 1962 No 135 s 61

Blood test fee

67 Blood test fee
  • (1) A person who, having undergone a blood test, is convicted of an offence against any of sections 56(2), 57(2), 58, 61(1)(b), 61(2), and 62 is liable to pay the blood test fee that applied on the day on which the offence was committed; and the blood test fee is deemed to be a fine imposed on the conviction of the person for the offence.

    (2) The Minister of Police may from time to time, by notice in the Gazette, prescribe a blood test fee for the purposes of this section.

    Compare: 1962 No 135 s 30A(4)

Enforcement procedures for offences involving intoxication

68 Who must undergo breath screening test
  • (1) An enforcement officer may require any of the following persons to undergo a breath screening test without delay:

    • (a) A driver of, or a person attempting to drive, a motor vehicle on a road:

    • (b) A person whom the officer has good cause to suspect has recently committed an offence against this Act that involves the driving of a motor vehicle:

    • (c) If an accident has occurred involving a motor vehicle,—

      • (i) The driver of the vehicle at the time of the accident; or

      • (ii) If the enforcement officer is unable to ascertain who the driver of the motor vehicle was at the time of the accident, a person whom the officer has good cause to suspect was in the motor vehicle at the time of the accident.

    (2) An enforcement officer may not require a person who is in a hospital or doctor's surgery as a result of an accident involving a motor vehicle to undergo a breath screening test.

    (3) A person who has undergone a breath screening test under this section must remain at the place where the person underwent the test until after the result of the test is ascertained, and an enforcement officer may arrest the person without warrant if the person refuses or fails to remain at that place.

    (4) If an enforcement officer is entitled to require a person to undergo a breath screening test, the officer may also require that person to undergo a test using a passive breath-testing device, which test is one where the officer holds a passive breath-testing device near the person's mouth for the purpose of ascertaining whether or not there is any alcohol in the person's breath.

    (5) The use or non-use of a passive breath-testing device does not of itself affect the validity of a breath screening test.

    Compare: 1962 No 135 s 58A

69 Who must undergo evidential breath test
  • (1) An enforcement officer may require a person to accompany an enforcement officer to a place where it is likely that the person can undergo an evidential breath test or a blood test (or both) when required to do so by the officer, if—

    • (a) The person has undergone a breath screening test under section 68 and it appears to the officer that the test indicates that the proportion of alcohol in the person's breath exceeds 400 micrograms of alcohol per litre of breath; or

    • (b) It appears to the officer that the person is younger than 20 and that a breath screening test undergone by the person under section 68 indicates that there is some alcohol in the person's breath; or

    • (c) The person fails or refuses to undergo a breath screening test without delay after having been required to do so by the officer under section 68; or

    • (d) The person could be required to undergo a breath screening test without delay under section 68 but cannot be tested because either a breath screening device is not readily available or for any reason a breath screening test cannot then be carried out, and there is good cause to suspect that the person has consumed drink.

    (2) If it is not practicable for a person to undergo an evidential breath test at a place to which the person has accompanied an enforcement officer under subsection (1), an enforcement officer may require the person to accompany the officer to any other place where it is likely that the person can undergo an evidential breath test or a blood test (or both).

    (3) For the avoidance of doubt, it is declared that an enforcement officer may require a person to accompany the officer to a place under subsection (1) if—

    • (a) It is likely that the person can undergo an evidential breath test at that place, whether or not it is likely that the person can undergo a blood test at that place; or

    • (b) It is likely that the person can undergo a blood test at that place, whether or not it is likely that the person can undergo an evidential breath test at that place.

    (4) If a person—

    • (a) Has accompanied an enforcement officer to a place under this section; or

    • (b) Has been arrested under subsection (6) and taken to or detained at a place,—

    an enforcement officer may require the person to undergo without delay at that place an evidential breath test (whether or not the person has already undergone a breath screening test).

    (5) A person must—

    • (a) Accompany the officer to a place when required to do so under this section:

    • (b) If the person has accompanied an enforcement officer to a place under this section, remain at that place until the person is required either to undergo an evidential breath test or a blood test under this Act, or to accompany an enforcement officer to another place under this section:

    • (c) If the person has undergone an evidential breath test under this section, remain at the place where the person underwent the test until after the result of the test is ascertained.

    (6) An enforcement officer may arrest without warrant a person who contravenes subsection (5).

    (7) An enforcement officer may not require a person who is in a hospital or doctor's surgery as a result of an accident involving a motor vehicle to undergo an evidential breath test.

    Compare: 1962 No 135 s 58B

70 Person may be required to undergo further evidential breath test if initial test fails to produce result
  • (1) If for any reason an evidential breath test carried out under section 69 by an enforcement officer fails to produce a result, the enforcement officer may, at his or her discretion, either require the person to undergo without delay a further evidential breath test or proceed as if section 72(1)(c) applies.

    (2) A requirement made under subsection (1) is deemed to be a requirement under section 69(4).

70A Right to elect blood test
  • (1) If the result of a person's evidential breath test appears to be positive, the person has the right, within 10 minutes of being advised by an enforcement officer of the matters specified in section 77(3)(a) (which sets out the conditions of the admissibility of the test), to elect to have a blood test to assess the proportion of alcohol in his or her blood.

    (2) This section is for the avoidance of doubt.

    Section 70A was inserted, as from 29 December 2001, by section 6 Land Transport (Road Safety Enforcement) Amendment Act 2001 (2001 No 104).

71 Meaning of apparently younger than 20
  • (1) For the purposes of section 69(1)(b), an enforcement officer is entitled to regard a person as being younger than 20 if—

    • (a) The person produces a driver licence showing that the person is younger than 20; or

    • (b) The person produces a driver licence showing that the person is 20 or older, but the officer has good cause to suspect that the licence has been issued to some other person or is invalid or that the person who produced the licence is younger than 20; or

    • (c) The person fails to produce a driver licence and is unable to satisfy the officer by some other means that the person is 20 or older.

    (2) An enforcement officer is not obliged to take any further steps, other than requiring the production of a driver licence, to ascertain the age of a person for the purposes of section 69.

    Compare: 1962 No 135 s 58B(1A)

72 Who must give blood specimen at places other than hospital or surgery
  • (1) A person must permit a medical practitioner or medical officer to take a blood specimen from the person when required to do so by an enforcement officer if—

    • (a) The person fails or refuses to undergo without delay an evidential breath test after having been required to do so by an enforcement officer under section 69; or

    • (b) The person has undergone an evidential breath test under section 69(4), and—

      • (i) It appears to the officer that the test is positive; and

      • (ii) Within 10 minutes of being advised by an enforcement officer of the matters specified in section 77(3)(a) (which sets out the conditions of the admissibility of the test), the person advises the officer that the person wishes to undergo a blood test; or

    • (c) An evidential breath testing device is not readily available at the place to which the person has accompanied an enforcement officer under section 69 (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) or to which the person has been taken under arrest (as the case may be), or for any reason an evidential breath test cannot then be carried out at that place; or

    • (d) The officer has arrested the person under section 120(1) and has good cause to suspect that the person has committed an offence against any of sections 56 to 62, and either—

      • (i) A medical practitioner has examined the person and believes that the person may be under the influence of drink or a drug, or both; or

      • (ii) The person has refused to be examined by a medical practitioner for the purposes of this paragraph.

    (2) A person who has been required by an enforcement officer under subsection (1) to permit the taking of a blood specimen must, without delay after being requested to do so by a medical practitioner or medical officer, permit that practitioner or medical officer to take a blood specimen from that person.

    (3) If it is not practicable for a blood specimen to be taken from a person by a medical practitioner or medical officer at a place where the person has been required under this section to permit the taking of a blood specimen, the person must accompany an enforcement officer to any other place where it is likely that a blood specimen can be taken from the person by a medical practitioner or medical officer if the officer requires the person to do so.

    (4) If a blood specimen taken under this section is insufficient to be divided into 2 parts in accordance with section 74(1),—

    • (a) The person from whom the specimen was taken must permit a medical practitioner or medical officer to take a further blood specimen immediately after being requested to so by the medical practitioner or medical officer; and

    • (b) A further blood specimen so taken is to be treated as part of the original blood specimen taken from the person.

    (5) An enforcement officer may arrest a person without warrant if the person—

    • (a) Fails or refuses to accompany an enforcement officer to a place when required to do so under this section; or

    • (b) Having accompanied an enforcement officer to a place under this section, fails or refuses to remain at that place until requested by a medical practitioner or medical officer to permit a blood specimen to be taken under this section.

    Compare: 1962 No 135 s 58C

    Section 72 was amended, as from 18 September 2004, by section 175(1) Health Practitioners Competence Assurance Act 2003 (2003 No 48) by omitting the word registered wherever it occurred. See sections 178 to 227 of that Act as to the transitional provisions.

    Subsection (1)(b) was amended, as from 29 December 2001, by section 7 Land Transport (Road Safety Enforcement) Amendment Act 2001 (2001 No 104), by omitting the words (other than a test carried out by means of a conclusive evidential breath-testing device that indicates that the proportion of alcohol in the person's breath exceeds 600 micrograms of alcohol per litre of breath).

73 Who must give blood specimen in hospital or surgery
  • (1) A person who is under examination, care, or treatment in a hospital or doctor's surgery must permit a blood specimen to be taken from the person by—

    • (a) The medical practitioner who is in immediate charge of the examination, care, or treatment of the person; or

    • (b) Another medical practitioner or a medical officer.

    (2) If a person under examination, care, or treatment in a hospital or doctor's surgery is unconscious, a blood specimen may be taken from the person under this section by—

    • (a) The medical practitioner who is in immediate charge of the examination, care, or treatment of the person; or

    • (b) Another medical practitioner or a medical officer.

    (3) The medical practitioner who is in immediate charge of the examination, care, or treatment of the person in a hospital or doctor's surgery—

    • (a) May cause a blood specimen to be taken by another medical practitioner or a medical officer; and

    • (b) Must either take a blood specimen or cause a blood specimen to be taken by another medical practitioner or a medical officer, if an enforcement officer requests him or her to do so,—

    whether or not the person has consented to the taking of the specimen and whether or not the person is capable of giving consent.

    (4) If the specimen originally taken is insufficient to be divided into 2 parts in accordance with section 74(1), the medical practitioner who is in immediate charge of the examination, care, or treatment of the person may take or cause to be taken by another medical practitioner or a medical officer a further blood specimen (which further specimen is for the purposes of this Act to be treated as a part of the original blood specimen taken from the person), whether or not the person has consented to the taking of the specimen and whether or not the person is capable of giving consent.

    (5) Despite subsection (3)(b), a blood specimen may be taken under any provision of this section only if the medical practitioner—

    • (a) Has reasonable grounds to suspect that the person is in the hospital or doctor's surgery as a result of an accident involving a motor vehicle; and

    • (b) Has examined the person and is satisfied that the taking of the blood specimen would not be prejudicial to the person's proper care or treatment; and

    • (c) Tells the person (unless the person is unconscious) that the blood specimen is being or was taken under this section for evidential purposes.

    (6) If a blood specimen is taken under this section from a person who is unconscious, the medical practitioner or medical officer who took the specimen must notify the person in writing as soon as practicable that the specimen was taken under this section for evidential purposes.

    (7) No civil or criminal proceedings may be taken against the the Crown, a district health board, or any other person in respect of the taking of a blood specimen under this section, or in respect of the sending of a blood specimen to an approved analyst, on the ground of lack of consent of a person whose consent to the taking of the blood specimen would have been otherwise required by law if this section had not been enacted.

    (8) Nothing in subsection (7) applies to any proceeding on the ground of any negligent act or omission in the taking of a blood specimen.

    Compare: 1962 No 135 s 58D

    Subsections (1) to (5) were amended, as from 18 September 2004, by section 175(1) Health Practitioners Competence Assurance Act 2003 (2003 No 48) by omitting the word registered wherever it occurred. See sections 178 to 227 of that Act as to the transitional provisions.

    Subsection (5) was amended, as from 22 June 2005, by section 37(a) Land Transport Amendment Act 2005 (2005 No 77) by substituting the words Despite subsection (3)(b), a for the word A in the first place that it appears. See sections 96 to 100 of that Act as to the transitional and savings provisions.

    Subsection (5) was amended, as from 22 June 2005, by section 37(b) Land Transport Amendment Act 2005 (2005 No 77) by omitting the words (other than subsection (3)(b)). See sections 96 to 100 of that Act as to the transitional and savings provisions.

    Subsection (7) was amended, as from 1 January 2001, by section 111(1) New Zealand Public Health and Disability Act 2000 (2000 No 91) by substituting the words the Crown, a district health board for the words Health Funding Authority, a hospital and health service.

74 Procedure for dealing with blood specimens
  • (1) A blood specimen taken under section 72 or section 73 must be divided into 2 parts, and—

    • (a) Each part must be placed in a separate bottle and the bottle must then be sealed; and

    • (b) Each part is a blood specimen for the purposes of this Act.

    (2) One or more preservative substances and anti-coagulant substances may be added to a blood specimen by placing them in the bottle, whether before or after the specimen is taken and placed in the bottle.

    (3) In the case of a blood specimen taken under section 72, an enforcement officer must, within 7 days after the date on which the specimen was taken, deliver or cause to be delivered (whether by courier or otherwise), or post by registered post or cause to be posted by registered post, both parts of the blood specimen to an approved analyst for the analysis of 1 of those parts and the custody of the other.

    (4) In the case of a blood specimen taken under section 73, the medical practitioner or medical officer by whom the specimen was taken must,—

    • (a) Within 7 days after the date on which the specimen was taken, deliver or cause to be delivered (whether by courier or otherwise), or post or cause to be posted by post, both parts of the blood specimen to an approved analyst for the analysis of 1 of those parts and the custody of the other; and

    • (b) Give the Commissioner a written notification—

      • (i) Identifying the approved analyst to whom the parts of the blood specimen were (or are being) delivered or posted; and

      • (ii) Naming the person from whom the blood specimen was taken.

    (5) If a person from whom a blood specimen was taken wishes to have the specimen analysed by a private analyst,—

    • (a) The person (or the person's solicitor or counsel) may apply to the Commissioner in accordance with subsection (7); and

    • (b) If the application complies with subsection (7),—

      • (i) The Commissioner, or a person authorised for the purpose by the Commissioner, must forward a copy of the application to the approved analyst to whom the blood specimen taken from the person was delivered or posted under subsection (3) or subsection (4); and

      • (ii) That analyst must send by registered post, personal delivery, or delivery by courier 1 part of that blood specimen to the private analyst specified in the application.

    (6) If an application under subsection (5) does not comply with subsection (7), the Commissioner or authorised person may refuse to forward a copy of the application to the approved analyst.

    (7) An application under subsection (5)(a) must—

    • (a) Be made in writing to the Commissioner not later than 28 days after—

      • (i) The date on which a summons in respect of an offence against this Act (which offence is an offence arising out of the circumstances in respect of which the blood specimen was taken) is served on the defendant; or

      • (ii) If the defendant is arrested under a warrant under section 19 or section 147 of the Summary Proceedings Act 1957 in respect of any such offence, the date on which the defendant is so arrested; or

      • (iii) In any case to which subparagraph (i) or subparagraph (ii) does not apply, the date on which the defendant is first charged in court with any such offence; and

    • (b) State the full name and address and the occupation of the person and the date of the alleged offence; and

    • (c) Identify the private analyst to whom the part of the blood specimen is to be sent and the address of the private analyst.

    (8) A blood specimen sent to an approved analyst under subsection (3) or subsection (4) may be destroyed at any time later than 1 year after the date the specimen was so sent.

    Compare: 1962 No 135 s 58F

    Subsection (4) was amended, as from 18 September 2004, by section 175(1) Health Practitioners Competence Assurance Act 2003 (2003 No 48) by omitting the word registered in both places it occurred. See sections 178 to 227 of that Act as to the transitional provisions.

Evidential provisions

75 Certificates in blood-alcohol proceedings
  • (1) Except as provided in section 79, production of a certificate to which this section applies in proceedings for an offence against this Part is sufficient evidence, in the absence of proof to the contrary, of such of the matters as are stated in the certificate and of the sufficiency of the authority and qualifications of the person by whom the certificate is made and, in the case of a certificate referred to in subsection (5), of the person who carried out the analysis.

    (2) This section applies to a certificate purporting to be signed by a medical practitioner or medical officer and certifying that—

    • (a) A specimen of venous blood was taken by the practitioner or medical officer in accordance with normal medical procedures from a person named in the certificate; and

    • (b) The specimen was divided by the practitioner or medical officer into 2 parts, or the specimen was insufficient for division and the practitioner or medical officer took a further specimen; and

    • (c) The practitioner or medical officer placed and sealed in a separate bottle each part or specimen (as the case may be); and

    • (d) Each such separate bottle was received by the practitioner or medical officer in a sealed blood specimen collecting kit; and

    • (e) The practitioner or medical officer handed each such separate bottle to an enforcement officer named in the certificate.

    (3) This section also applies to a certificate purporting to be signed by a medical practitioner and certifying that—

    • (a) The person named in the certificate was in a hospital or doctor's surgery; and

    • (b) The practitioner, being a medical practitioner in immediate charge of the examination, care, or treatment of that person, took a blood specimen or caused a blood specimen to be taken by any other medical practitioner or any medical officer from the person under section 73; and

    • (c) At the time the blood specimen was taken from the person, the practitioner had reasonable grounds to suspect that the person was in the hospital or doctor's surgery as a result of an accident involving a motor vehicle; and

    • (d) Before taking the blood specimen or causing the blood specimen to be taken from the person, the practitioner examined the person and was satisfied that the taking of the blood specimen would not be prejudicial to the person's proper care or treatment; and

    • (e) The practitioner either—

      • (i) Told the person that the blood specimen was being or had been taken under section 73 for evidential purposes; or

      • (ii) If the person was unconscious when the specimen was taken, notified the person in writing as soon as practicable that the blood specimen was taken under section 73 for evidential purposes.

    (4) This section also applies to a certificate purporting to be signed by a medical practitioner or medical officer and certifying—

    • (a) All the matters referred to in paragraphs (a) to (d) of subsection (2); and

    • (b) That the practitioner or medical officer sent or caused to be sent by post, personal delivery, or delivery by courier, on a specified date, both parts of the specimen (or both specimens) to a specified approved analyst in accordance with section 74; and

    • (c) That the practitioner or medical officer notified the Commissioner in writing of the approved analyst to whom the parts of the specimen (or the specimens) were delivered or posted.

    (5) This section also applies to a certificate purporting to be signed by an approved analyst and certifying that—

    • (a) A blood specimen in a sealed bottle was, on a specified date, delivered to an approved analyst (or a person employed by an approved laboratory and approved for the purpose by an approved analyst) for analysis, and was delivered by registered post or personal delivery or delivery by courier; and

    • (b) On analysis of the blood specimen by an analyst specified in the certificate, a specified proportion of alcohol or of a drug, or both (as the case may be), was found in the specimen; and

    • (c) No such deterioration or congealing was found as would prevent a proper analysis.

    (6) This section also applies to a certificate purporting to be signed by an approved analyst and certifying that, following an application under section 74, a part of a blood specimen was posted to a specified private analyst by registered post, personal delivery, or delivery by courier, and addressed to the private analyst at the address given in the application.

    (7) For the purposes of this section, it is not necessary for the person making a certificate to specify his or her entitlement to give the certificate if the certificate indicates that the person belongs to the general category of persons who may make such a certificate.

    Compare: 1962 No 135 s 58G

    Subsections (2) to (4) were amended, as from 18 September 2004, by section 175(1) Health Practitioners Competence Assurance Act 2003 (2003 No 48) by omitting the word registered wherever it occurred. See sections 178 to 227 of that Act as to the transitional provisions.

75A Certificates of compliance for evidential breath-testing devices
  • (1) An evidential breath-testing device must be supported by a certificate of compliance given under this section by a person authorised for the purpose by the Science Minister.

    (2) At any trial or defended hearing for an offence involving excess breath alcohol recorded by the device (being an offence committed on or after the commencement of this section), the prosecution must produce to the court a certified copy of the certificate of compliance. The certification must be given by a person authorised for the purpose by the Commissioner and must state that the copy is a true copy of the original certificate.

    (3) Subject to subsection (4), a certificate of compliance or a certified copy of it that is produced under subsection (2) is for all purposes conclusive evidence of the matters stated in the certificate, and neither the matters stated in the certificate nor the manufacturer's specifications for the device concerned may be challenged, called into question, or put in issue in any proceedings in respect of an offence involving excess breath alcohol recorded by the device.

    (4) In the absence of proof to the contrary, a document purporting to be a certificate of compliance or a certified copy of a certificate of compliance—

    • (a) must be treated as such a certificate or certified copy; and

    • (b) is conclusive evidence of the sufficiency of the authority of the person who signed the document.

    (5) After consultation with the Minister and the Minister of Justice, the Minister of Police must, by notice in the Gazette, specify for each kind of evidential breath-testing device the matters that are required to be stated in a certificate of compliance.

    (6) Without limiting subsection (5),—

    • (a) in the case of any kind of evidential breath-testing device approved after the commencement of this section, the notice under subsection (5) must be given in conjunction with the notice approving that kind of device:

    • (b) a notice under subsection (5) must specify the maximum period of service for the relevant kind of device, and must require a certificate of compliance to specify the date on which that period began or begins:

    • (c) a notice under subsection (5) must specify the maximum period permitted between the date on which a certificate of compliance is issued and the date by which a test result must be obtained, and must require a certificate of compliance to specify the date on which the certificate of compliance was issued:

    • (d) a notice under subsection (5) must require a certificate of compliance to include a statement to the effect that the device is being maintained within the manufacturer's specifications.

    Section 75A was inserted, as from 29 December 2001, by section 8 Land Transport (Road Safety Enforcement) Amendment Act 2001 (2001 No 104). See section 16 of that Act for savings and transitional provisions relating to certificates of compliance.

76 Presumptions relating to blood specimens
  • (1) In proceedings for an offence against this Act it is to be presumed, in the absence of proof to the contrary, that,—

    • (a) If a certificate referred to in section 75 names a person having the same name, address, and occupation as the defendant as the person from whom the specimen of blood was taken, the specimen was taken from the defendant:

    • (b) Every approved analyst who signed a certificate referred to in section 75(5) was duly authorised to sign it:

    • (c) If the bottle in which a blood specimen (or part of a blood specimen) was placed was received by a medical practitioner or medical officer in a sealed blood specimen collecting kit, the bottle contained a substance (whether or not a combination or mixture of 2 or more substances) and that substance was a preservative and anti-coagulant.

    (2) On the request of a person from whom a blood specimen has been taken under section 72 or section 73, or of the person's solicitor or counsel, copies of any certificates referred to in subsection (1) that relate to that blood specimen must be supplied by the prosecutor to the person making the request.

    Compare: 1962 No 135 s 58G

    Subsection (1)(c) was amended, as from 18 September 2004, by section 175(1) Health Practitioners Competence Assurance Act 2003 (2003 No 48) by omitting the word registered. See sections 178 to 227 of that Act as to the transitional provisions.

77 Presumptions relating to alcohol-testing
  • (1) For the purposes of proceedings for an offence against this Act arising out of the circumstances in respect of which an evidential breath test was undergone by the defendant, it is to be conclusively presumed that the proportion of alcohol in the defendant's breath at the time of the alleged offence was the same as the proportion of alcohol in the defendant's breath indicated by the test.

    (2) For the purposes of proceedings for an offence against this Act arising out of the circumstances in respect of which a blood specimen was taken from the defendant under section 72 or section 73, it is to be conclusively presumed that the proportion of alcohol in the defendant's blood at the time of the alleged offence was the same as the proportion of alcohol in the blood specimen taken from the defendant.

    (3) Except as provided in subsection (4), the result of a positive evidential breath test is not admissible in evidence in proceedings for an offence against any of sections 56 to 62 if—

    • (a) The person who underwent the test is not advised by an enforcement officer, without delay after the result of the test is ascertained, that the test was positive and that, if the person does not request a blood test within 10 minutes,—

      • (i) In the case of a positive test that indicates that the proportion of alcohol in the person's breath exceeds 400 micrograms of alcohol per litre of breath, the test could of itself be conclusive evidence to lead to that person's conviction for an offence against this Act; or

      • (ii) In the case of a positive test that indicates that the proportion of alcohol in the person's breath exceeds 150 but does not exceed 400 micrograms of alcohol per litre of breath, the test could of itself, unless the person is 20 or older, be conclusive evidence to lead to that person's conviction for an offence against this Act; or

    • (b) The person who underwent the test—

      • (i) Advises an enforcement officer, within 10 minutes of being advised of the matters specified in paragraph (a), that the person wishes to undergo a blood test; and

      • (ii) Complies with section 72(2).

    (4) Subsection (3)(a) does not apply if the person who underwent the test fails or refuses to remain at the place where the person underwent the test until the person can be advised of the result of the test.

    (5) [Repealed]

    (6) If it is proved in proceedings for an offence against section 60 that the defendant failed or refused to comply with section 13 without reasonable cause, that failure or refusal may be treated as supporting any evidence given on behalf of the prosecution, or as rebutting any evidence given on behalf of the defendant, concerning the defendant's condition at the time of the alleged offence.

    Compare: 1962 No 135 s 58(4), (5), (6)

    Subsection (3)(a) was amended, as from 29 December 2001, by section 9(1)(a) Land Transport (Road Safety Enforcement) Amendment Act 2001 (2001 No 104) by substituting the words without delay for the word immediately.

    Subsection (3)(a) was further amended, as from 29 December 2001, by section 9(1)(b) Land Transport (Road Safety Enforcement) Amendment Act 2001 (2001 No 104) by substituting the word conclusive for the word sufficient in both places that it appeared.

    Subsection (5) was repealed, as from 29 December 2001, by section 9(2) Land Transport (Road Safety Enforcement) Amendment Act 2001 (2001 No 104).

78 Presumptions as to age of driver
  • If a certificate referred to in section 143 is produced in proceedings for an offence against this Part involving a person who is apparently younger than 20, it is to be presumed, in the absence of proof to the contrary, that the date stated in the certificate as being the date of birth of the person to whom the certificate relates is accurate.

    Compare: 1962 No 135 s 58G(5)

79 Circumstances in which certificate not admissible in proceedings
  • (1) No certificate referred to in subsection (2) or subsection (3) or subsection (4) of section 75 (which certificates relate to the taking of a blood specimen by a medical practitioner or medical officer) is admissible in evidence in proceedings for an offence against this Act if the court, on application made by the defendant not less than 14 days before the hearing, orders that the registered medical practitioner or medical officer who gave the certificate ought to appear as a witness at the hearing.

    (2) No certificate referred to in section 75(5) (which certificate is given by an approved analyst and relates to the proportion of alcohol, a drug, or both, found to be in a blood specimen) is admissible in evidence in proceedings for an offence against this Act if—

    • (a) Application has been made in accordance with section 74 for 1 part of the blood specimen to be sent to a private analyst; and

    • (b) That part of the specimen has not been sent to the private analyst in compliance with the application;—

    but this subsection does not apply in respect of a specimen destroyed under the authority of section 74(8) before the date of the application.

    (3) No certificate referred to in subsection (5) or subsection (6) of section 75 (which certificate is given by an approved analyst and relates to the proportion of alcohol, a drug, or both, in a blood specimen, or to the sending of 1 part of a specimen to a private analyst) is admissible in evidence in proceedings for an offence against this Act if the court, on application made by the defendant not less than 14 days before the hearing, orders that,—

    • (a) In the case of a certificate referred to in that subsection (5), the person who made the analysis or the approved analyst who gave the certificate ought to appear as a witness at the hearing; or

    • (b) In the case of a certificate referred to in that subsection (6), the person who posted or delivered the part of the specimen, or the person who gave the part of the specimen to the courier, or the approved analyst who gave the certificate ought to appear as a witness at the hearing.

    (4) The court may not make an order under subsection (3) unless the application made by the defendant under that subsection is accompanied by an affidavit, sworn by the private analyst who is specified in the defendant's application under section 74, to the effect that,—

    • (a) Since the date given to the private analyst as the date on which application was made under section 74 for the sending to the analyst of a blood specimen relating to the defendant, the analyst has not received any such specimen; or

    • (b) The blood specimen received by the private analyst relating to the defendant—

      • (i) Was not suitable for analysis; or

      • (ii) Was suitable for analysis but, for specified reasons, that analysis was not carried out; or

      • (iii) Was suitable for analysis and that analysis was carried out but, for specified reasons, the results of the analysis are not available; or

    • (c) The blood specimen received by the private analyst relating to the defendant has been analysed and found to contain,—

      • (i) In the case of a defendant who was younger than 20 at the time of the commission of the offence, not more than 30 milligrams of alcohol per 100 millilitres of blood; or

      • (ii) In any other case, not more than 80 milligrams of alcohol per 100 millilitres of blood; or

    • (d) The blood specimen received by the private analyst relating to the defendant has been analysed and found to contain 20 milligrams or more of alcohol per 100 millilitres of blood more or less than the proportion of alcohol per 100 millilitres of blood specified in the certificate referred to in section 75(5).

    (5) Where a blood specimen is destroyed in accordance with section 74(8), that act does not affect the admissibility in proceedings of a certificate given in respect of the specimen by an approved analyst for the purposes of this Act.

    Compare: 1962 No 135 s 58H

    Subsection (1) was amended, as from 18 September 2004, by section 175(1) Health Practitioners Competence Assurance Act 2003 (2003 No 48) by omitting the word registered. See sections 178 to 227 of that Act as to the transitional provisions.

Part 6A
Offences relating to transport services and penalties

  • Part 6A: inserted, on 1 October 2007, by section 38 of the Land Transport Amendment Act 2005 (2005 No 77).

79A Offence to carry on transport service without licence
  • (1) A person commits an offence if the person carries on any transport service without the appropriate current licence.

    (2) The maximum penalty on conviction for an offence against subsection (1) is a fine not exceeding $10,000.

    (3) A person who is convicted of a second or subsequent offence against subsection (1) is liable on summary conviction to a fine not exceeding $25,000 and the court may, if it thinks appropriate, order any or every vehicle used under the transport service to be immediately impounded and held at a location that the Director specifies, at the expense of the convicted person (which is in addition to the fine and any other costs (if any) ordered by the court), for a period specified by the court that does not exceed 90 days.

    (4) Any fees and charges incurred with respect to an impoundment under subsection (3) are recoverable from the convicted person by the vehicle recovery service operator or storage provider.

    (5) Nothing in subsection (4) limits or affects any rights against the owner of the vehicle, or in respect of the vehicle, that may be exercised by the vehicle recovery service operator or storage provider.

    (6) A person may not remove or release from storage an impounded motor vehicle, unless allowed to do so under this Act.

    (7) The storage provider must immediately comply with a direction under this Act to release the vehicle to the owner or a person authorised for the purpose by the owner.

    (8) The Director, or a person authorised for the purpose by the Director, may enter into such arrangements with vehicle recovery service operators and storage providers as he or she thinks necessary for the purposes of this section.

    Compare: 1989 No 74, s 5(2), (5), (6)

    Section 79A: inserted, on 1 October 2007, by section 38 of the Land Transport Amendment Act 2005 (2005 No 77).

79B Provision of incorrect information
  • A licence holder or person having control of a transport service who notifies the Director that the licence holder or person holds the appropriate certificate, knowing that the information is incorrect or being reckless as to whether or not it is correct, commits an offence and is liable on summary conviction to a fine not exceeding $10,000.

    Compare: 1989 No 74 s 18(6)

    Section 79B: inserted, on 1 October 2007, by section 38 of the Land Transport Amendment Act 2005 (2005 No 77).

79C Failure to present vehicle for inspection
  • (1) A transport service licence holder commits an offence if he or she fails to present his or her transport service vehicle for inspection when required to do so by the Director.

    (2) The maximum penalty on conviction for an offence against subsection (1) is a fine not exceeding $10,000.

    Section 79C: inserted, on 1 October 2007, by section 38 of the Land Transport Amendment Act 2005 (2005 No 77).

79D Contravention of section 30K
  • (1) A person commits an offence if the person applies for a transport service licence while disqualified from holding or obtaining a transport service licence.

    (2) If a person is convicted of an offence against subsection (1),—

    • (a) the maximum penalty is imprisonment for a term not exceeding 3 months or a fine not exceeding $4,500; and

    • (b) the court must order the person to be disqualified from holding or obtaining a transport service licence for 6 months or more.

    (3) The imposition of a mandatory disqualification under this section is subject, with all necessary modifications, to the criteria specified in section 81.

    Section 79D: inserted, on 1 October 2007, by section 38 of the Land Transport Amendment Act 2005 (2005 No 77).

79E Liability of persons who use unlicensed transport service
  • (1) A person commits an offence if the person uses a transport service and knows or ought reasonably to know that, at the time the person used the transport service,—

    • (a) the operator of the transport service did not hold an appropriate transport service licence; or

    • (b) the operator of the transport service was disqualified from holding or obtaining a transport service licence; or

    • (c) the transport service licence of the operator was suspended or revoked.

    (2) The maximum penalty on conviction for an offence against subsection (1) is a fine not exceeding $25,000.

    Section 79E: inserted, on 1 October 2007, by section 38 of the Land Transport Amendment Act 2005 (2005 No 77).

79F Contravention of section 30M
  • (1) A person who holds a goods service licence commits an offence if the person fails to comply with or contravenes any condition imposed in respect of the holder's licence under section 30M.

    (2) The maximum penalty on conviction for an offence against subsection (1) is a fine not exceeding $10,000.

    Compare: 1989 No 74 s 8(4)

    Section 79F: inserted, on 1 October 2007, by section 38 of the Land Transport Amendment Act 2005 (2005 No 77).

79G Contravention of section 87G
  • (1) A person commits an offence if the person, having been prohibited under section 87G(1)(b) from driving a transport service vehicle, drives during the currency of the prohibition any vehicle being used in a transport service (other than a rental service) or a specified class of transport service.

    (2) A person commits an offence if the person, having been prohibited under section 87G(1)(c) from carrying out duties or activities of a driving instructor or testing officer, does so during the currency of the prohibition.

    (3) The maximum penalty on conviction for an offence against subsections (1) and (2) is a fine not exceeding $2,000 and disqualification from holding or obtaining a driver licence for such period (if any) as the court thinks fit.

    (4) A person commits an offence if the person applies for or obtains a driver licence, other than a driver licence that relates principally to the use of private motor vehicles, while the person is disqualified under section 87G(1)(a) from obtaining the licence.

    (5) The maximum penalty on conviction for an offence against subsection (4) is a fine not exceeding $500.

    Compare: 1989 No 74 s 17(3)-(5)

    Section 79G: inserted, on 1 October 2007, by section 38 of the Land Transport Amendment Act 2005 (2005 No 77).

79H Contravention of section 128A
  • (1) A person who holds a passenger service licence or a driver of a small passenger service vehicle commits an offence if the person or the driver acts in contravention of or fails to comply with any direction given by an enforcement officer under section 128A.

    (2) The maximum penalty on conviction for an offence against subsection (1) is a fine not exceeding $2,000.

    Compare: 1989 No 74 s 37(3)

    Section 79H: inserted, on 1 October 2007, by section 38 of the Land Transport Amendment Act 2005 (2005 No 77).

79I Contravention of section 128B
  • (1) A person who holds a vehicle recovery service licence or a driver of a vehicle recovery service vehicle commits an offence if the person or the driver acts in contravention of or fails to comply with any direction given by an enforcement officer under section 128B.

    (2) The maximum penalty on conviction for an offence against subsection (1) is a fine not exceeding $2,000.

    Compare: 1989 No 74 s 38(3)

    Section 79I: inserted, on 1 October 2007, by section 38 of the Land Transport Amendment Act 2005 (2005 No 77).

79J Liability of employers and principal
  • If an offence is committed against this Part by a person as the employee, agent, or contractor of another person, that offence must be treated as having been committed by both persons, whether or not it was done with the other person's knowledge or approval, if it is proved that—

    • (a) the other person—

      • (i) knew, or could reasonably be expected to have known, that the offence was to be, or was being, committed; and

      • (ii) failed to take the steps that were reasonably practicable to prevent the commission of the offence; and

    • (b) the other person failed to take the steps that were reasonable in the circumstances to remedy the effects of the act or omission that gave rise to the offence.

    Compare: 1989 No 74 s 5(3)

    Section 79J: inserted, on 1 October 2007, by section 38 of the Land Transport Amendment Act 2005 (2005 No 77).

79K Liability of directors of bodies corporate
  • If a body corporate is convicted of an offence against this Part, every director of the body corporate also commits the offence and is liable to the same penalty if it is proved that—

    • (a) the act or omission that constituted the offence took place with his or her express or implied authority; and

    • (b) he or she failed to take all reasonable steps to prevent or stop that act, or remedy that omission.

    Compare: 1989 No 74 s 5(4)

    Section 79K: inserted, on 1 October 2007, by section 38 of the Land Transport Amendment Act 2005 (2005 No 77).

79L Court may require convicted transport service licence holder to sit examination
  • The court may require a transport service licence holder to sit, or re-sit, the Certificate of Knowledge of Law and Practice examination if the transport service licence holder is convicted of—

    • (a) an offence under this Part or any regulations pertaining to the operation of a licensed transport service; or

    • (b) any other offence under this Act that is applicable to a vehicle used in a licensed transport service.

    Section 79L: inserted, on 1 October 2007, by section 38 of the Land Transport Amendment Act 2005 (2005 No 77).

79M Penalties for failure to pay passenger service fares
  • (1) A person who fails to pay a passenger service fare that he or she is liable to pay commits an infringement offence.

    (2) The maximum penalty, on summary conviction for an offence against subsection (1), is a fine not exceeding $500.

    Section 79M: inserted, on 1 October 2007, by section 38 of the Land Transport Amendment Act 2005 (2005 No 77).

Part 6B
Offences relating to work time and logbooks

  • Part 6B: inserted, on 1 October 2007, by section 39 of the Land Transport Amendment Act 2005 (2005 No 77).

Subpart 1Work time

  • Subpart 1 heading: inserted, on 1 October 2007, by section 39 of the Land Transport Amendment Act 2005 (2005 No 77).

79N Failure to keep or produce records or comply with conditions of exemption or approval
  • Every person commits an offence who fails or refuses to comply with any of the requirements of section 30ZD or the conditions of any exemption granted or approval given under section 30ZA(1)(a) or (c), and is liable on conviction,—

    • (a) in the case of a driver, to a fine not exceeding $2,000, and the person may, for a period of 1 calendar month or such greater period as the court thinks fit, be disqualified from holding or obtaining a licence to drive a vehicle that—

      • (i) requires a class 2, 3, 4, or 5 licence (as specified in the rules); and

      • (ii) is used in the relevant transport service; and

      • (iii) is used to carry goods for hire or reward; or

    • (b) in any other case, to a fine not exceeding $100,000.

    Compare: 1962 No 135 s 70B(7)

    Section 79N: inserted, on 1 October 2007, by section 39 of the Land Transport Amendment Act 2005 (2005 No 77).

79O Failure to comply with prescribed work time restrictions or rest time requirements
  • Every person commits an offence who fails to comply with any work time restrictions or rest time requirements prescribed in this Act or the rules, and is liable on conviction to,—

    • (a) in the case of a person exceeding the work time restrictions or failing to comply with the rest time requirements by less than 60 minutes in a cumulative work day or less than 120 minutes in a cumulative work period, a fine not exceeding $2,000, and, as the court thinks fit,—

      • (i) the person may, for a period of 1 calendar month or any greater period that the court thinks fit, be disqualified from holding or obtaining a licence to drive a vehicle that—

        • (A) requires a class 2, 3, 4, or 5 licence (as specified in the rules); and

        • (B) is used in the relevant transport service; and

        • (C) is used to carry goods for hire or reward; or

      • (ii) the person must complete a work time and log-book course approved by the Director:

    • (b) in the case of a person exceeding the work time restrictions or failing to comply with the rest time requirements by 60 minutes or more in a cumulative work day, a fine not exceeding $2,000, and the person must, for a period of 1 calendar month or any greater period that the court thinks fit, be disqualified from holding or obtaining a licence to drive a vehicle that—

      • (i) requires a class 2, 3, 4, or 5 licence (as specified in the rules); and

      • (ii) is used in the relevant transport service; and

      • (iii) is used to carry goods for hire or reward; or

    • (c) in the case of a person exceeding the work time restrictions or failing to comply with the rest time requirements by 120 minutes or more in a cumulative work period, a fine not exceeding $2,000, and the person must, for a period of 1 calendar month or any greater period that the court thinks fit, be disqualified from holding or obtaining a licence to drive a vehicle that—

      • (i) requires a class 2, 3, 4, or 5 licence (as specified in the rules); and

      • (ii) is used in the relevant transport service; and

      • (iii) is used to carry goods for hire or reward.

    Section 79O: inserted, on 1 October 2007, by section 39 of the Land Transport Amendment Act 2005 (2005 No 77).

    Section 79O(a): amended, on 1 October 2007, by section 7 of the Land Transport Amendment Act 2007 (2007 No 66).

79P Defences to work time offences
  • (1) It is a defence in any proceedings for an offence under this subpart if the defendant proves that the failure to comply with subpart 1 of Part 4B was due to unavoidable delay in the completion of any journey arising out of—

    • (a) circumstances that could not reasonably have been foreseen by the defendant; or

    • (b) an emergency.

    (2) For the purposes of subsection (1), emergency means—

    • (a) a state of emergency declared under the Civil Defence Emergency Management Act 2002; or

    • (b) an incident attended by an emergency service; or

    • (c) an event requiring immediate action to save life or prevent serious injury.

    Compare: 1962 No 135 s 70B(8)

    Section 79P: inserted, on 1 October 2007, by section 39 of the Land Transport Amendment Act 2005 (2005 No 77).

Subpart 2Logbooks

  • Subpart 2 heading: inserted, on 1 October 2007, by section 39 of the Land Transport Amendment Act 2005 (2005 No 77).

79Q Failure to discharge duties regarding logbooks
  • Every person who fails or refuses to comply with any requirement of or demand made under section 30ZH 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 may, for a period of 1 calendar month or any greater period that the court thinks fit, be disqualified from holding or obtaining a licence to drive a vehicle that—

      • (i) requires a class 2, 3, 4, or 5 licence as specified in the rules); and

      • (ii) is used in the relevant transport service; and

      • (iii) is—

        • (A) a heavy motor vehicle; and

        • (B) used to carry goods for hire or reward:

    • (b) in any other case, to a fine not exceeding $25,000.

    Compare: 1962 No 135 s 70C(8)

    Section 79Q: inserted, on 1 October 2007, by section 39 of the Land Transport Amendment Act 2005 (2005 No 77).

79R Offences and proceedings concerning logbooks
  • (1) Every person commits an offence who—

    • (a) maintains a logbook under section 30ZF while maintaining another logbook under that section; or

    • (b) makes or causes to be made any false statement in a logbook or allows any omission to occur in the logbook.

    (2) Every person commits an offence who, being the driver of a vehicle to which section 30ZF or section 30ZG applies,—

    • (a) on demand by an enforcement officer fails to produce without delay all logbooks that are so demanded; or

    • (b) on demand by an enforcement officer produces any logbook that is false in a material particular, whether or not the driver knows of the falsehood; or

    • (c) on demand by an enforcement officer produces any logbook—

      • (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 the rules cannot be readily ascertained.

    (3) Every person, not being the driver of the vehicle, commits an offence where the person requires, directs, or allows a vehicle to which section 30ZF or section 30ZG applies to be used and—

    • (a) a logbook 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 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 maintained in respect of the driving of that vehicle omits a material particular, whether or not the person knows of the omission.

    (4) 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 may, for a period of 1 calendar month or any greater period that the court thinks fit, be disqualified from holding or obtaining a licence to drive a vehicle that—

      • (i) requires a class 2, 3, 4, or 5 licence (as specified in the rules); and

      • (ii) is used in the relevant transport service; and

      • (iii) is—

        • (A) a heavy motor vehicle; and

        • (B) used to carry goods for hire or reward:

    • (b) in any other case, to a fine not exceeding $25,000.

    Compare: 1962 No 135 s 70D(1)-(3), (10)

    Section 79R: inserted, on 1 October 2007, by section 39 of the Land Transport Amendment Act 2005 (2005 No 77).

79S Defences to logbook offences
  • (1) It is a defence to a charge under section 79R(1) or section 79R(2) or section 79R(3) if the defendant proves that the proceedings relate to a motor vehicle or service or individual that has been exempted from the requirement to maintain a logbook under this Act, the rules, or regulations.

    (2) In the case of a defendant who was not the driver of the vehicle to which the charge relates, it is a defence to a charge under section 79R(1) or section 79R(3)(b) or section 79R(3)(c) if the defendant proves that—

    • (a) reasonable steps were taken by the defendant to prevent the false statement or material omission in the logbook; and

    • (b) as soon as reasonably practicable after the false statement or material omission was drawn to the person's attention by any enforcement officer authorised to demand the production of logbooks under section 30ZH(2), the person produced to the enforcement officer a logbook containing no false statement or material omission.

    (3) Except as provided in subsection (4), subsection (2) does 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 (2); and

    • (b) specifying the reasonable steps that the defendant will claim to have taken.

    (4) In any proceedings relating to a charge to which subsection (2) applies, evidence that the defendant took a step not specified in the written notice required by subsection (3) is not, except with the leave of the court, admissible for the purpose of supporting a defence under subsection (2).

    Compare: 1962 No 135 s 70D(4)-(7)

    Section 79S: inserted, on 1 October 2007, by section 39 of the Land Transport Amendment Act 2005 (2005 No 77).

Part 6C
Offences relating to chain of responsibility

  • Part 6C: inserted, on 1 October 2007, by section 40 of the Land Transport Amendment Act 2005 (2005 No 77).

79T Offence to cause or require driver to breach speed limits, maximum work time, or rest time requirements
  • Every person commits an offence, and is liable on conviction to a fine not exceeding $25,000, who, by act or omission, directly or indirectly causes or requires (whether or not the sole cause) a driver to—

    • (a) exceed any applicable speed limit if that—

      • (i) person knew, or should have known, that the speed limit would be, or would likely be, exceeded; and

      • (ii) driver is a driver to whom subpart 1 of Part 4B applies; or

    • (b) exceed the maximum work time prescribed in this Act or the rules if that person knew, or should have known, that the maximum work time would be, or would likely be, exceeded; or

    • (c) fail to comply with the rest time requirements prescribed in this Act or the rules if that person knew, or should have known, that the rest time requirements would not be, or would likely not be, complied with; or

    • (d) fail to maintain a logbook in the prescribed manner if that person knew, or should have known, that the failure to maintain the logbook would contravene subpart 2 of Part 6B.

    Section 79T: inserted, on 1 October 2007, by section 40 of the Land Transport Amendment Act 2005 (2005 No 77).

79U Offence to cause or require driver to breach maximum gross weight limits
  • Every person commits an offence, and is liable on conviction to a fine not exceeding $25,000, who, by act or omission, directly or indirectly causes or requires (whether or not the sole cause) a driver to operate a vehicle or combination of vehicles in breach of the applicable maximum gross weight limits for that vehicle or combination of vehicles if that person knew, or should have known, that the breach would, or would be likely to, occur.

    Section 79U was inserted, as from 22 June 2005, by section 41 Land Transport Amendment Act 2005 (2005 No 77). See sections 96 to 100 of that Act as to the transitional and savings provisions.

Part 7
Disqualification, demerit points, licence suspension, and vehicle impoundment

Disqualification

80 General penalty of disqualification may be imposed if offence involves road safety
  • (1) If a person is convicted of an offence against this Act, and the court is satisfied that the offence relates to road safety, the court may order that the person be disqualified from holding or obtaining a driver licence for such period as the court thinks fit.

    (2) The power conferred by subsection (1) is in addition to, and does not limit, any other powers of the court.

    Compare: 1962 No 135 s 30(1)

81 Provisions relating to mandatory disqualification
  • (1) If any provision of this Act (other than section 63) requires a court to disqualify a person from holding or obtaining a driver licence or transport service licence for a period not less than the specified minimum period, the court must order that the person be disqualified accordingly unless for special reasons relating to the offence it thinks fit to order otherwise.

    (2) Nothing in any provision referred to in subsection (1) or in section 65 restricts any other duty or power of the court to disqualify a person from holding or obtaining a driver licence or transport service licence or to impose any other penalty.

    (3) This section is subject to section 94 (which relates to community-based sentences).

    Section 81(1): amended, on 1 October 2007, by section 42(1) of the Land Transport Amendment Act 2005 (2005 No 77).

    Section 81(2): amended, on 1 October 2007, by section 42(2)(a) of the Land Transport Amendment Act 2005 (2005 No 77).

    Section 81(2): amended, on 1 October 2007, by section 42(2)(b) of the Land Transport Amendment Act 2005 (2005 No 77).

82 Effect of disqualification
  • (1) If a person is disqualified from holding or obtaining a driver licence, the licence is suspended while the disqualification continues in force.

    (2) If a person who holds a particular class of driver licence or a particular endorsement for a driver licence is disqualified from holding or obtaining a licence of that class or that endorsement, the authority conferred by that licence or endorsement is suspended while the disqualification continues in force.

    Compare: 1962 No 135 s 33(1)

83 Holder to undergo approved tests or courses if disqualified for more than 1 year
  • (1) If a person is disqualified from holding or obtaining a driver licence for a period of more than 12 months or for 2 or more cumulative periods totalling more than 12 months,—

    • (a) the licence continues to be of no effect after the disqualification ends until the person applies for the same class of licence and the person qualifies for the licence by any or all (as the case may be) of the following:

      • (i) completing any courses approved by the Director for that purpose:

      • (ii) passing the tests and examinations approved by the Director for that purpose; and

    • (b) The Director may issue a new licence or endorse the existing licence.

    (1A) If a person to whom subsection (1) applies has passed the appropriate theory test, the Director may—

    • (a) issue a new licence to that person with the supervisory condition (if any) applicable to a learner licence for that class of vehicle as specified in the rules; or

    • (b) endorse that person's existing licence with the supervisory condition (if any) applicable to a learner licence for that class of vehicle as specified in the rules.

    (2) Subsection (1) applies to a person who has been authorised to obtain a limited licence by an order of a court made under section 105 only if the order was made not less than 12 months after the date the disqualification started or (in the case of a person disqualified for 2 or more cumulative periods) not less than 12 months after the date the first period of disqualification started.

    Compare: 1962 No 135 s 33(2), (5)

    The heading to section 83 was amended, as from 16 January 2006, by section 43(1) Land Transport Amendment Act 2005 (2005 No 77) by substituting the words approved tests or courses for the words prescribed tests. See sections 96 to 100 of that Act as to the transitional and savings provisions.

    Subsection (1)(a) was substituted, as from 16 January 2006, by section 43(2) Land Transport Amendment Act 2005 (2005 No 77). See sections 96 to 100 of that Act as to the transitional and savings provisions.

    Subsection (1A) was inserted, as from 16 January 2006, by section 43(3) Land Transport Amendment Act 2005 (2005 No 77). See sections 96 to 100 of that Act as to the transitional and savings provisions.

84 New licence or endorsement to be issued if disqualified driver qualifies for specified vehicle classes
  • (1) This section applies if—

    • (a) section 83(1) applies; and

    • (b) the person—

      • (i) applies for a class of licence that the person held immediately before that person was disqualified; and

      • (ii) qualifies for that class of licence by any or all of the following:

        • (A) completing any courses approved by the Director for that purpose:

        • (B) passing the tests and examinations approved by the Director for that purpose.

    (2) If this section applies, then the Director must—

    • (a) issue a new licence to that person to authorise that person to drive the relevant class of motor vehicle and all lower classes of motor vehicles for which that person held a licence immediately before he or she was disqualified; or

    • (b) endorse that person's existing licence to authorise that person to drive the relevant class of motor vehicle and all lower classes of motor vehicles for which that person held a licence immediately before he or she was disqualified.

    (3) A class of licence to drive a motorcycle does not entitle a person to drive a motor vehicle other than a motor vehicle authorised by that class of licence.

    Section 84 was substituted, as from 16 January 2006, by section 44 Land Transport Amendment Act 2005 (2005 No 77). See sections 96 to 100 of that Act as to the transitional and savings provisions.

85 When disqualification starts
  • (1) If an order is made by a court under any Act disqualifying a person from holding or obtaining a driver licence, the period of disqualification starts on the day the order is made unless the court otherwise directs or that Act otherwise provides.

    (2) The person disqualified does not commit the offence of driving while disqualified contrary to section 32(1)(a) merely because, on the day of the making of the order, he or she drove a motor vehicle on a road on that day before the making of the order.

    (3) In the case of a person who is at the time of the order already disqualified from holding or obtaining a driver licence, the period of disqualification ordered starts when the order or the last of the orders to which the person is already subject ceases to have effect.

    Compare: 1962 No 135 s 36

86 Term of disqualification if person already disqualified
  • (1) If—

    • (a) A person is convicted of an offence that renders the person liable to be disqualified from holding or obtaining a driver licence; and

    • (b) At the time of the commission of the offence, the person was already disqualified or was the holder of a limited licence issued under section 105 (or the corresponding provisions of a former enactment),—

    the court must order the person to be disqualified from holding or obtaining a driver licence for a period of 6 months, unless the court for special reasons relating to the offence thinks fit to order otherwise or the court makes an order under section 94.

    (2) Nothing in subsection (1) restricts the power of the court to impose any other penalty specified for the offence, and the imposition of a penalty under that subsection does not limit or affect any duty or power of the court to order a longer period of disqualification.

    Compare: 1962 No 135 s 31

87 Particulars of court orders relating to disqualification to be sent to Director and offender
  • (1) If a court makes an order disqualifying a person from holding or obtaining a driver licence or an order under section 99 (removing a disqualification) or an order under section 105 (authorising the issue of a limited licence), the Registrar of the court must notify the Director, and the offender in writing, of the particulars of the order.

    (2) A failure to comply with the notification requirements in subsection (1) does not affect the validity of the order concerned.

Disqualification of transport service driver and other persons

  • Heading: inserted, on 1 October 2007, by section 45 of the Land Transport Amendment Act 2005 (2005 No 77).

87A Disqualification of transport service driver
  • If the Director is satisfied that a transport service driver is not a fit and proper person within the meaning of subpart 2 of Part 4A to drive a transport service vehicle, the Director may disqualify that person, for a period not exceeding 10 years, from driving any vehicle being used in a transport service (other than a rental service) or a specified class of transport service.

    Compare: 1989 No 74 s 15(1)

    Section 87A: inserted, on 1 October 2007, by section 45 of the Land Transport Amendment Act 2005 (2005 No 77).

87B Disqualification of holder of transport service licence from holding transport service licence
  • If the Director revokes a transport service licence, the Director may disqualify, for a period not exceeding 10 years, the holder of the transport service licence, or any other person who was in control of or involved in the transport service and whose fitness and propriety was the basis of, or contributed to, a decision to revoke the transport service licence, from—

    • (a) holding or obtaining a transport service licence:

    • (b) having any form of control of a transport service.

    Section 87B: inserted, on 1 October 2007, by section 45 of the Land Transport Amendment Act 2005 (2005 No 77).

87C Procedure for disqualifying person under section 87A or section 87B

Suspension of transport service driver and other persons

  • Heading: inserted, on 1 October 2007, by section 45 of the Land Transport Amendment Act 2005 (2005 No 77).

87D Immediate suspension of transport service driver and other persons in interests of public safety
  • (1) If the circumstances described in subsection (2) apply, the Director may, by notice in writing to the person concerned, suspend that person from—

    • (a) driving any vehicle used in a transport service (other than a rental service) or a specified class of transport service:

    • (b) being a driving instructor or testing officer, as the case may be.

    (2) The circumstances referred to in subsection (1) are—

    • (a) the Director considers that—

      • (i) the person concerned is not a fit and proper person within the meaning of subpart 2 of Part 4A to drive a transport service vehicle or to be a driving instructor or testing officer, as the case may be; and

      • (ii) the interests of public safety, or the need to ensure that the public is protected from serious or organised criminal activity, would seem to require immediate suspension of the person as a transport service driver, driving instructor, or testing officer, as the case may be; or

    • (b) the person has been charged with any offence that is of such a nature that the interests of public safety, or the need to protect the public against serious or organised criminal activity, would require that a person convicted of committing such an offence not be a transport service driver, or driving instructor, or testing officer, as the case may be.

    (3) In this section and sections 87E and 87F,—

    driving instructor means a person who holds a driving instructor endorsement under Part 5 of the Land Transport (Driver Licensing) Rule 1999

    testing officer means a person who holds a testing officer endorsement under Part 5 of the Land Transport (Driver Licensing) Rule 1999.

    Compare: 1989 No 74 s 16(1)

    Section 87D: inserted, on 1 October 2007, by section 45 of the Land Transport Amendment Act 2005 (2005 No 77).

87E Procedure for suspending a person under section 87D
  • Subpart 5 of Part 4A applies to a decision to suspend a person under section 87D.

    Compare: 1989 No 74 s 16(2)

    Section 87E: inserted, on 1 October 2007, by section 45 of the Land Transport Amendment Act 2005 (2005 No 77).

87F Term of suspension
  • (1) A suspension under section 87D may take effect either immediately or from any date that the Director may specify.

    (2) The Director may at any time withdraw a suspension imposed under section 87D.

    (3) If any suspension has been imposed in respect of a person to whom section 87D(2)(b) applies, the suspension ceases immediately if—

    • (a) the charge is withdrawn in circumstances where it is not replaced with another charge based on the same circumstances; or

    • (b) the person is found not guilty of the offence charged.

    Compare: 1989 No 74 s 16(1), (3), (4)

    Section 87F: inserted, on 1 October 2007, by section 45 of the Land Transport Amendment Act 2005 (2005 No 77).

Effect of disqualification or suspension of transport service driver and other persons

  • Heading: inserted, on 1 October 2007, by section 45 of the Land Transport Amendment Act 2005 (2005 No 77).

87G Effect of disqualification or suspension of transport service driver and other persons
  • (1) If the Director disqualifies or suspends any person from driving a transport service vehicle or being a driving instructor or testing officer under either section 87A or section 87D, the Director may, for the period of the disqualification or suspension,—

    • (a) revoke or suspend any driver licence held by the person, not being a licence of a class that relates principally to the use of private motor vehicles, and disqualify the person from holding or obtaining any such licence; and

    • (b) prohibit the person from driving any vehicle used in a transport service (other than a rental service vehicle) or a specified class of transport service, even though the person may obtain or continue to hold a driver licence of a class that, although it relates principally to the use of private motor vehicles, also entitles the person to drive a transport service vehicle; and

    • (c) prohibit the person from carrying out duties or activities as a driving instructor or testing officer.

    (2) Nothing in this section or in any of sections 87A to 87F derogates from or affects any power of the Director under this Act, the regulations, or the rules, to revoke, suspend, or otherwise deal with any driver licence.

    Compare: 1989 No 74 s 17(1), (2)

    Section 87G: inserted, on 1 October 2007, by section 45 of the Land Transport Amendment Act 2005 (2005 No 77).

Demerit points system

88 Demerit points to be recorded by Director
  • (1) If a person is convicted of an offence (other than an offence detected by approved vehicle surveillance equipment) concerning the driving of a motor vehicle, the Director must record in respect of that person such number of points (demerit points) as may be prescribed for that offence.

    (2) The Registrar of the court must send to the Director particulars of convictions to which subsection (1) applies.

    (3) If a person is convicted of 2 or more offences arising out of the same set of circumstances,—

    • (a) Demerit points must be recorded in relation to 1 offence only; and

    • (b) If those offences do not carry the same number of points, points must be recorded for the offence or 1 of the offences that carries the greatest number of points.

    (4) Demerit points recorded under subsection (1) have effect on and from the date of the commission of the offence for which the points are recorded.

    (5) For the purposes of subsections (1) and (4), if an infringement fee is paid to the enforcement authority at the address for payment specified in the infringement notice before or within 28 days after service of a reminder notice for that offence or within 5 days after the expiry of that 28-day period, the following provisions apply to an infringement offence:

    • (a) the date on which the infringement notice was issued is to be treated as the date on which the offence was committed; and

    • (b) a summary conviction for the offence is to be treated as having been entered against the offender on the date of the payment of the infringement fee.

    Compare: 1962 No 135 ss 42A(10), 44

    Subsection (5) was substituted, as from 16 January 2006, by section 46 Land Transport Amendment Act 2005 (2005 No 77). See sections 96 to 100 of that Act as to the transitional and savings provisions.

89 Notice of demerit points
  • (1) If 50 or more demerit points have been recorded against a person, the Director must, when reasonably practicable, send that person a notice in writing telling the person—

    • (a) The number of demerit points recorded against that person; and

    • (b) The consequences of further demerit points being recorded against that person.

    (2) No suspension imposed under section 90 in respect of a person's driver licence, or disqualification imposed under that section in respect of a person, is invalid merely because—

    • (a) A notice under subsection (1) was not given to that person or was given to that person after the imposition of that suspension or disqualification; or

    • (b) A notice given under that subsection was not received by that person or was received by that person after the imposition of that suspension or disqualification.

    (3) If a notice given under subsection (1) is sent by ordinary post addressed to the defendant at the defendant's last known place of residence or business or postal address, then, unless the contrary is shown, the notice is served when the notice would have been delivered in the ordinary course of post, and in proving service it is sufficient to prove that the notice was properly addressed and posted.

    Compare: 1962 No 135 s 47

90 Suspension of licence or disqualification from driving under demerit points system
  • (1) If, in any 2-year period, a total of 100 or more demerit points have effect against a person, the Director must, by notice in writing given to that person, either—

    • (a) suspend that person's current driver licence for 3 months; or

    • (b) if the person does not hold a current driver licence on the date of the giving of the notice, disqualify the person from holding or obtaining a driver licence for 3 months.

    (2) If the Director has been unsuccessful in giving notice to a person under subsection (1), an enforcement officer may, by notice in writing given to that person, either—

    • (a) suspend that person's current driver licence for 3 months; or

    • (b) if the person does not hold a current driver licence on the date of the giving of the notice, disqualify the person from holding or obtaining a driver licence for 3 months.

    (3) A suspension or disqualification under subsection (1) or subsection (2) starts on the date the notice is given to the person.

    (4) A person whose driver licence has been suspended under subsection (1) or subsection (2) may not hold or obtain a driver licence while the suspension is in force.

    Section 90 was substituted, as from 19 December 2005, by section 47 Land Transport Amendment Act 2005 (2005 No 77). See sections 96 to 100 of that Act as to the transitional and savings provisions. See clause 2 Land Transport Amendment Act Commencement Order 2005 (SR 2005/336).

91 Cancellation and reinstatement of demerit points
  • (1) When 2 years have elapsed since the commission of an offence in respect of which demerit points were recorded, the entry of the points made in respect of that offence ceases to have effect in relation to the person who committed that offence; but if demerit points were recorded in respect of 2 or more offences committed by that person, the entry ceases to have effect when 2 years have elapsed since the commission of the most recent of those offences.

    (2) If a suspension under section 90 is imposed in respect of a person's driver licence or a disqualification is imposed under that section in respect of a person, the Director must cancel all demerit points for the time being recorded in respect of that person.

    (3) The Director must cancel all demerit points for the time being recorded against a person if a court disqualifies the person from holding or obtaining a driver licence for a period of 6 months or more.

    (4) If a person's suspension or disqualification is removed on appeal, the Director must reinstate the demerit points cancelled under this section.

    Compare: 1962 No 135 s 46

Other penalties

92 Compulsory attendance at driving improvement course or dangerous goods course
  • (1) If a person is convicted of an offence concerning the driving of a motor vehicle, the court may, whether or not it imposes any other penalty for the offence, order that person to attend an appropriate driving improvement course approved by the Director.

    (2) If a person is convicted of an offence against this Act involving dangerous goods, the court may, whether or not it imposes any other penalty for the offence, order the person to attend an appropriate dangerous goods course approved by the Director.

    (3) On the making of an order under subsection (1) or subsection (2), the Registrar of the court must notify the Director of the particulars of the order and the conviction for which it is made.

    (4) A person who has been ordered under subsection (1) or subsection (2) to attend a course must attend the course and must, within 21 days after being required to do so, pay to the person in charge of the course the fee usually charged for that course.

    Compare: 1962 No 135 s 68

93 Court may order compulsory driving test
  • (1) If the holder of a driver licence is convicted of an offence concerning the driving of a motor vehicle, the court may, whether or not it imposes any other penalty or makes any other order concerning the offence, order that person to undergo any tests and examinations prescribed for a driver licence or endorsement authorising the person to drive a motor vehicle of the class he or she was driving at the time of the offence.

    (2) On the making of an order under subsection (1), the Registrar of the court must notify the Director of the particulars of the order and the conviction for which it is made.

    (3) The following provisions apply to the tests and examinations:

    • (a) The Director must give the person who is to be tested or examined not less than 14 clear days' notice of the date, time, and place of each test and examination:

    • (b) The tests and examinations must be carried out under the supervision of the Director.

    (4) The driver licence of a person who fails to pass the prescribed tests and examinations is suspended until the person passes the tests and examinations, and, if a person fails without reasonable excuse to attend on the date and at the time and place specified in a notice given under subsection (3)(a), the person's licence is to be treated as having been suspended until the person presents himself or herself for the purpose of undergoing the prescribed tests and examinations.

    (5) A person whose driver licence has been suspended under this section is disqualified from holding or obtaining a driver licence until such time as he or she passes the prescribed tests and examinations.

    (6) If a person passes the prescribed tests and examinations, the Director may issue a new licence to have effect in place of the suspended licence or endorse the suspended licence.

    (7) If a person undergoes any tests and examinations under an order made under this section, that person is liable to pay the same fees as the person would be liable to pay if the person were an applicant for a licence.

    Compare: 1962 No 135 s 68A

94 Substitution of community-based sentences
  • (1) This section applies if—

    • (a) The offender has previously been ordered on conviction for an offence to be disqualified from holding or obtaining a driver licence; and

    • (b) The court, having regard to—

      • (i) The circumstances of the case and of the offender; and

      • (ii) The effectiveness or otherwise of a previous order of disqualification made in respect of the offender; and

      • (iii) The likely effect on the offender of a further order of disqualification; and

      • (iv) The interests of the public,—

      considers that it would be inappropriate to order that the offender be disqualified from holding or obtaining a driver licence; and

    • (c) The court considers that it would be appropriate to sentence the offender to a community-based sentence in accordance with Part 2 of the Sentencing Act 2002

    (2) Despite any provision of this Act that requires a court (in the absence of special reasons relating to the offence) to order a person convicted of an offence to be disqualified from holding or obtaining a driver licence, the court may instead make an order referred to in subsection (3) if this section applies.

    (3) If the court sentencing an offender determines under this section not to make an order of disqualification,—

    • (a) The court must impose a community-based sentence on the offender; and

    • (b) The imposition of such a sentence does not limit or affect the power of the court to impose any other sentence for the offence that, in accordance with the provisions of the Sentencing Act 2002, it may impose in addition to the community-based sentence; and

    • (c) In determining the appropriate sentence to be imposed on the offender in respect of the offence, the court must take into account the gravity of the offence and the fact that the offender would otherwise have been liable to disqualification from holding or obtaining a driver licence.

    (3A) For the purposes of subsection (3)(a), the court may impose a sentence of supervision or intensive supervision as a community-based sentence if—

    • (a) that sentence is appropriate; and

    • (b) a suitable programme is available; and

    • (c) the offender attends a suitable programme.

    (4) This section does not apply if—

    • (a) section 63 or section 65 applies; or

    • (b) the offender is prohibited from applying for a limited licence under section 103(2)(a), (b), or (d).

    Compare: 1962 No 135 s 30AC

    Subsection (1)(c) was amended, as from 30 June 2002, by section 186 Sentencing Act 2002 (2002 No 9) by substituting Part 2 of the Sentencing Act 2002 for Part 3 of the Criminal Justice Act 1985. See sections 148 to 160 of that Act for the transitional and savings provisions. See clause 2 Sentencing Act Commencement Order 2002 (SR 2002/176)

    Subsection (3)(b) was amended, as from 30 June 2002, by section 186 Sentencing Act 2002 (2002 No 9) by substituting Sentencing Act 2002 for Criminal Justice Act 1985. See sections 148 to 160 of that Act for the transitional and savings provisions. See clause 2 Sentencing Act Commencement Order 2002 (SR 2002/176).

    Subsection (3A) was inserted, as from 16 January 2006, by section 48(1) Land Transport Amendment Act 2005 (2005 No 77). See sections 96 to 100 of that Act as to the transitional and savings provisions.

    Section 94(3A): amended, on 1 October 2007, by section 58 of the Sentencing Amendment Act 2007 (2007 No 27).

    Subsection (4) was substituted, as from 16 January 2006, by section 48(2) Land Transport Amendment Act 2005 (2005 No 77). See sections 96 to 100 of that Act as to the transitional and savings provisions.

Mandatory suspension of driver licence

95 Mandatory 28-day suspension of driver licence in certain circumstances
  • (1) An enforcement officer must give a person a notice under this section if the enforcement officer believes on reasonable grounds that the person has—

    • (a) undergone an evidential breath test or blood test under this Act and been found,—

      • (i) for an offence, where the person has previously been convicted of an offence against any of sections 56(1) or (2), 58(1), 60(1), or 61(1) or (2) within the last 4 years,—

        • (A) to have a breath alcohol concentration exceeding 400 micrograms of alcohol per litre of breath; or

        • (B) to have a blood alcohol concentration exceeding 80 milligrams of alcohol per 100 millilitres of blood:

      • (ii) in any other case,—

        • (A) to have a breath alcohol concentration exceeding 650 micrograms of alcohol per litre of breath; or

        • (B) to have a blood alcohol concentration exceeding 130 milligrams of alcohol per 100 millilitres of blood; and

    • (b) Failed or refused to undergo a blood test, after having been required or requested to do so under section 72 or section 73; or

    • (c) driven a motor vehicle on a road at a speed exceeding—

      • (i) the applicable permanent posted speed limit by more than 40 km an hour (which speed was detected by a means other than approved vehicle surveillance equipment); or

      • (ii) any other speed limit by more than 50 km an hour (which speed was detected by a means other than approved vehicle surveillance equipment).

    (1A) If an enforcement officer believes on reasonable grounds that a person has undergone an evidential breath test and has been found to have a breath alcohol concentration exceeding 650 micrograms of alcohol per litre of breath,—

    • (a) the enforcement officer must give the person a notice under subsection (1)(a) even though the person has the right under section 70A to elect to have a blood test; and

    • (b) a further notice is not required and must not be given under subsection (1)(a) if the person undergoes a blood test and is found to have a blood alcohol concentration exceeding 130 milligrams of alcohol per 100 millilitres of blood.

    (2) A notice under this section must—

    • (a) Be in a form prescribed by regulations made under this Act or in a form to the same effect; and

    • (b) Tell the person to whom it is given that his or her driver licence is suspended for 28 days; and

    • (c) Require the person to immediately surrender his or her driver licence to the enforcement officer; and

    • (d) Outline the person's rights of appeal under sections 101 and 109.

    (3) A suspension under this section starts immediately after the notice is given to the person to whom it applies.

    (4) A person whose driver licence is suspended under this section has the rights of appeal conferred by sections 101 and 109.

    (5) Nothing in this section affects or limits any power of a court to impose a penalty.

    (6) Subsection (1)(c) does not apply if the vehicle—

    • (a) Was an ambulance fitted with a siren or bell, and at the time was being used on urgent ambulance service; or

    • (b) Was conveying a member of the Police in the execution of urgent duty, if compliance with the speed limit would be likely to prevent or hinder the execution of that duty; or

    • (c) Was being used by a fire brigade for attendance at fires or other emergencies, and at the time was being used on urgent fire-brigade service.

    (7) The suspension of a driver licence under subsection (1) ceases to have effect if—

    • (a) The Police decide finally that proceedings will not be taken against the person for an offence arising out of circumstances referred to in subsection (1) or if such proceedings have been taken and the person is acquitted; and

    • (b) The suspension has not already been removed.

    (8) The suspension of a person's driver licence in the circumstances referred to in subsection (1A) ceases to have effect when the result of the blood test (if any) is notified to the person if—

    • (a) the blood test shows that he or she had a blood alcohol concentration of, or less than, 130 milligrams of alcohol per 100 millilitres of blood; and

    • (b) the result of the blood test is notified to the person before the close of the 28-day suspension period.

    Subsection (1)(a) was substituted, as from 16 January 2006, by section 49(1) 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)(c) was substituted, as from 16 January 2006, by section 49(2) Land Transport Amendment Act 2005 (2005 No 77). See sections 96 to 100 of that Act as to the transitional and savings provisions.

    Subsection (1A) was inserted, as from 29 December 2001, by section 10(1) Land Transport (Road Safety Enforcement) Amendment Act 2001 (2001 No 104).

    Subsection (1A) was amended, as from 16 January 2006, by section 49(3) Land Transport Amendment Act 2005 (2005 No 77) by substituting the expression 650 for the expression 800. See sections 96 to 100 of that Act as to the transitional and savings provisions.

    Subsection (1A)(b) was amended, as from 16 January 2006, by section 49(4) Land Transport Amendment Act 2005 (2005 No 77) by substituting the expression 130 for the expression 160. See sections 96 to 100 of that Act as to the transitional and savings provisions.

    Subsection (8) was inserted, as from 29 December 2001, by section 10(2) Land Transport (Road Safety Enforcement) Amendment Act 2001 (2001 No 104).

    Subsection (8)(a) was amended, as from 16 January 2006, by section 49(5) Land Transport Amendment Act 2005 (2005 No 77) by substituting the expression 130 for the expression 160. See sections 96 to 100 of that Act as to the transitional and savings provisions.

Impoundment of vehicles

96 Vehicle seized and impounded for 28 days in certain circumstances
  • (1) An enforcement officer must seize and impound, or seize and authorise the impoundment of, a motor vehicle for 28 days if the officer believes on reasonable grounds that a person drove the vehicle on a road while—

    • (a) The person was disqualified from holding or obtaining a driver licence authorising the person to drive that vehicle; or

    • (b) The person's driver licence is for the time being suspended or was revoked; or

    • (c) In the case of a person who was previously forbidden to drive because the person was an unlicensed driver or his or her driver licence had expired, the person did not hold a driver licence; or

    • (d) the person—

      • (i) had a—

        • (A) breath alcohol concentration exceeding 400 micrograms of alcohol per litre of breath; or

        • (B) blood alcohol concentration exceeding 80 milligrams of alcohol per 100 millilitres of blood; or

        • (C) failed or refused to undergo a blood test, after having been required or requested to do so under section 72 or section 73; and

      • (ii) had been convicted of 2 or more previous offences against any of sections 56(1) or (2), 58(1), 60(1), or 61(1) or (2) within the last 4 years.

    (1A) An enforcement officer may seize and impound, or seize and authorise the impoundment of, a motor vehicle for 28 days if the officer believes on reasonable grounds that a person—

    • (a) operated the vehicle in a race, or in an unnecessary exhibition of speed or acceleration, on a road in contravention of section 22A(1); or

    • (b) without reasonable excuse, operated the vehicle on a road in a manner that caused the vehicle to undergo sustained loss of traction in contravention of section 22A(3).

    (1B) An enforcement officer who seizes and impounds (or authorises the impoundment of) a motor vehicle under subsection (1A) must, by means of a notice in the form approved for the purposes of section 115(1), direct that the vehicle is not to be driven on a road.

    (1C) For the purposes of this Act and any other enactment, a notice given under subsection (1B) has effect as a notice given under section 115(1).

    (1D) A notice under subsection (1B) may include a condition to the effect that the vehicle may continue to be driven to reach a specified place for repair or may continue to be driven for a given time or under limitations as to speed or route or otherwise, unless the direction referred to in that subsection has been cancelled.

    (1E) An enforcement officer who seizes and impounds (or authorises the impoundment of) a motor vehicle because he or she believes on reasonable grounds that a person has undergone an evidential breath test and has been found to have a breath alcohol concentration exceeding 400 micrograms of alcohol per litre of breath,—

    • (a) must give the person a notice under subsection (2) even though the person has the right under section 70A to elect to have a blood test; and

    • (b) a further notice is not required and must not be given under subsection (2) if the person undergoes a blood test and is found to have a blood alcohol concentration exceeding 80 milligrams of alcohol per 100 millilitres of blood.

    (2) An enforcement officer who seizes and impounds (or authorises the impoundment of) a motor vehicle under this section must—

    • (a) Complete a notice in the prescribed form, or in a form to the same effect, acknowledging the seizure and impoundment, and setting out (if the particulars are reasonably ascertainable)—

      • (i) The name and address of the driver; and

      • (ii) The year and make of the vehicle, and its registration plate details or vehicle identification number; and

      • (iia) if subsection (1A) applies, the date and time of the alleged offence; and

      • (iii) The date and time of the seizure; and

      • (iv) The place where the vehicle is to be impounded; and

      • (v) An outline of the person's rights of appeal under sections 102 and 110; and

    • (b) Give the driver a copy of the notice, unless the driver has left the scene; and

    • (c) Give the registered owner of the vehicle a copy of the notice, if the registered owner is present at the time of the seizure, or as soon as practicable send a copy to the registered owner by ordinary post to the registered owner's last known place of residence or business or postal address, or address as recorded on the Register of Motor Vehicles; and

    • (d) Cause a copy of the notice to be given to the storage provider who stores the motor vehicle; and

    • (e) Retain a copy of the notice for 12 months.

    (3) The owner of an impounded vehicle has the rights of appeal provided in sections 102 and 110.

    (4) Personal property (other than property attached to or used in connection with the operation of the vehicle) present in a motor vehicle at the time of the seizure and impoundment must be released on request to a person who produces satisfactory evidence to the effect that he or she was lawfully entitled to possession of the vehicle or personal property immediately before the vehicle was moved; and goods present in a motor vehicle at the time of the seizure and impoundment must be released subsequently to a person acting on behalf of the owner of the goods if the person produces satisfactory evidence of the owner's consent to such release.

    (5) An enforcement officer does not have to seize or impound a motor vehicle if the officer has good cause to suspect that the vehicle is a stolen vehicle or had been converted, is a write-off, or has suffered severe damage.

    (6) A vehicle to which a notice under this section relates must be released to the owner if—

    • (a) The Police have decided finally that proceedings will not be taken against the person who drove the vehicle in circumstances referred to in subsection (1) or operated the vehicle in circumstances referred to in subsection (1A), or such proceedings have been taken and the person is acquitted; and

    • (b) The vehicle has not already been released.

    (6A) A vehicle to which a notice under this section relates must be released to the owner when the result of the blood test (if any) is notified to the person who drove the vehicle in circumstances referred to in subsection (1)(d) if—

    • (a) the blood test shows that he or she had a blood alcohol concentration of, or less than, 80 milligrams of alcohol per 100 millilitres of blood; and

    • (b) the vehicle has not already been released.

    (7) Nothing in this section authorises the seizure or impoundment of a trailer or any other vehicle without motive power that is being towed by or is attached to a motor vehicle.

    (8) Nothing in subsection (1) applies to a person driving a vehicle if—

    • (a) He or she has been ordered by a court to attend an approved course or programme; and

    • (b) The driving occurs in the course of his or her attendance at that course or programme, either,—

      • (i) In the case of a motorcyclist, under the supervision of a person who holds a current certificate of approval as a driving instructor issued by the Director under the regulations or the rules:

      • (ii) In any other case, while accompanied by a person who holds a certificate referred to in subparagraph (i).

    (9) Nothing in subsection (1A) applies to a person operating a motor vehicle in a manner that is authorised by law within the meaning of section 22A(4).

    The heading to section 96 was amended, as from 2 May 2003, by section 8(1) Land Transport (Unauthorised Street and Drag Racing) Amendment Act 2003 (2003 No 11) by omitting the words to be.

    Subsection (1)(c) was amended, as from 16 January 2006, by section 50(1) Land Transport Amendment Act 2005 (2005 No 77) by adding the word ; or. See sections 96 to 100 of that Act as to the transitional and savings provisions.

    Subsection (1)(d) was inserted, as from 16 January 2006, by section 50(1) Land Transport Amendment Act 2005 (2005 No 77). See sections 96 to 100 of that Act as to the transitional and savings provisions.

    Subsections (1A) to (1D) were inserted, as from 2 May 2003, by section 8(2) Land Transport (Unauthorised Street and Drag Racing) Amendment Act 2003 (2003 No 11).

    Subsection (1E) was inserted, as from 16 January 2006, by section 50(2) Land Transport Amendment Act 2005 (2005 No 77). See sections 96 to 100 of that Act as to the transitional and savings provisions.

    Subsection (2)(a)(iia) was inserted, as from 2 May 2003 by section 8(3) Land Transport (Unauthorised Street and Drag Racing) Amendment Act 2003 (2003 No 11).

    Subsection (6)(a) was amended, as from 2 May 2003, by section 8(4) Land Transport (Unauthorised Street and Drag Racing) Amendment Act 2003 (2003 No 11) by inserting the words or operated the vehicle in circumstances referred to in subsection (1A), after the expression subsection (1).

    Subsection (6A) was inserted, as from 16 January 2006, by section 50(3) Land Transport Amendment Act 2005 (2005 No 77). See sections 96 to 100 of that Act as to the transitional and savings provisions.

    Subsection (8)(a) was amended, as from 16 January 2006, by section 50(4) Land Transport Amendment Act 2005 (2005 No 77) by substituting the words an approved course or programme for the words a traffic improvement school. See sections 96 to 100 of that Act as to the transitional and savings provisions.

    Subsection (8)(b) was amended, as from 16 January 2006, by section 50(5) Land Transport Amendment Act 2005 (2005 No 77) by substituting the words course or programme for the word school. See sections 96 to 100 of that Act as to the transitional and savings provisions.

    Subsection (9) was inserted, as from 2 May 2003, by section 8(5) Land Transport (Unauthorised Street and Drag Racing) Amendment Act 2003 (2003 No 11).

96A Impoundment of vehicle used in transport service
  • (1) An enforcement officer must seize and impound, or seize and authorise the impoundment of, a motor vehicle that is being used in a transport service for 28 days if the officer believes on reasonable grounds that a person drove the vehicle on a road while—

    • (a) the transport service operator was disqualified from holding or obtaining a transport service licence; or

    • (b) the transport service operator's transport service licence was suspended or revoked; or

    • (c) the transport service operator—

      • (i) does not hold a transport service licence; and

      • (ii) has previously been forbidden to operate a transport service.

    (2) An enforcement officer who seizes and impounds (or authorises the impoundment of) a vehicle under this section must—

    • (a) complete a notice in the prescribed form, or in a form to the same effect, acknowledging the seizure and impoundment, and setting out (if the particulars are reasonably ascertainable)—

      • (i) the name and address of the driver; and

      • (ii) the name and address of the transport service operator, if different from the driver; and

      • (iii) the year of manufacture and make of the vehicle, and its registration plate details or vehicle identification number; and

      • (iv) the date and time of the seizure; and

      • (v) the place where the vehicle is to be impounded; and

      • (vi) an outline of the person's rights of appeal under sections 102 and 110; and

    • (b) give the driver a copy of the notice, unless the driver has left the scene; and

    • (c) give the registered owner of the vehicle a copy of the notice, if the registered owner is present at the time of the seizure, or as soon as practicable send a copy to the registered owner by ordinary post to the registered owner's last known place of residence or business or postal address, or address as recorded on the Motor Vehicle Register; and

    • (d) cause a copy of the notice to be given to the storage provider who stores the motor vehicle; and

    • (e) retain a copy of the notice for 12 months.

    (3) The owner of an impounded vehicle has the rights of appeal provided in sections 102 and 110.

    (4) Personal property (other than property attached to or used in connection with the operation of the vehicle) present in a motor vehicle at the time of the seizure and impoundment must be released on request to a person who produces satisfactory evidence to the effect that he or she was lawfully entitled to possession of the vehicle or personal property immediately before the vehicle was moved; and goods present in a motor vehicle at the time of the seizure and impoundment must be released subsequently to a person acting on behalf of the owner of the goods if the person produces satisfactory evidence of the owner's consent to such release.

    (5) An enforcement officer does not have to seize or impound a motor vehicle if the officer has good cause to suspect that the vehicle is a stolen vehicle or had been converted, is a write-off, or has suffered severe damage.

    (6) A vehicle to which a notice under this section relates must be released to the owner if—

    • (a) the Director or the police have decided finally that proceedings will not be taken against the transport service operator or the person who drove the vehicle in circumstances referred to in subsection (1) or such proceedings have been taken and the person is acquitted; and

    • (b) the vehicle has not already been released.

    (7) Nothing in subsection (1) authorises the seizure or impoundment of a trailer or any other vehicle without motive power that is being towed by or is attached to a motor vehicle.

    (8) Sections 97 and 98 apply, with any necessary modifications, to a motor vehicle used in a transport service that is impounded under this section.

    Section 96A: inserted, on 1 October 2007, by section 51 of the Land Transport Amendment Act 2005 (2005 No 77).

97 Storage of impounded vehicles
  • (1) A motor vehicle seized and impounded under section 96 must be stored where the enforcement officer directs.

    (2) The owner of the impounded vehicle is liable to pay the fees and charges for towage and storage that are prescribed or assessed in the manner specified by regulations made under section 167.

    (3) The fees and charges referred to in subsection (2) are recoverable from the owner of the vehicle by the vehicle recovery service operator or storage provider.

    (4) Nothing in subsection (3) limits or affects any rights against the owner of the vehicle, or in respect of the vehicle, that may be exercised by the vehicle recovery service operator or storage provider.

    (5) A person may not remove or release from storage an impounded motor vehicle, unless allowed to do so under this Act.

    (6) The storage provider must immediately comply with a direction under this Act to release the vehicle to the owner or a person authorised for the purpose by the owner.

    (7) The Commissioner, or an enforcement officer authorised for the purpose by the Commissioner, may enter into such arrangements with vehicle recovery service operators and storage providers as he or she thinks necessary for the purposes of this section.

98 Release of vehicle after 28 days
  • (1) On or after the close of the 28-day impoundment period, the registered owner of the vehicle, or a person authorised for the purpose by the registered owner, is entitled to remove the vehicle from storage by—

    • (a) Showing the storage provider proof of identity and either proof of ownership of the vehicle or the owner's copy of the notice of acknowledgement of seizure and impoundment; and

    • (b) Paying the fees and charges for towage and storage of the vehicle, or entering into an arrangement to pay those fees and charges.

    (2) The storage provider is directed to release the vehicle as soon as practicable after subsection (1) is satisfied.

    (3) An enforcement officer authorised for the purpose by the Commissioner may order the release of an impounded vehicle at any time before the close of the 28-day impoundment period if—

    • (a) The vehicle was impounded from an unlicensed driver; and

    • (b) That person has paid the fees and charges due for towage and storage of the vehicle as at the time of payment and produces to the officer his or her current driver licence.

    (4) If—

    • (a) A further 10 days has elapsed since the close of the 28-day impoundment period; and

    • (b) The owner, or a person authorised for the purpose by the owner, has not claimed the vehicle and has not paid the fees and charges for towage and storage of the vehicle or entered into an arrangement to pay those fees and charges; and

    • (c) No other person has, within that period, established to the satisfaction of the authorised officer that the person is entitled to possession of the vehicle,—

    the storage provider may apply to an enforcement officer authorised for the purpose by the Commissioner for approval to dispose of the vehicle and may, with the officer's approval, dispose of the vehicle on such terms and conditions as the officer thinks fit.

    (5) On obtaining approval under subsection (4), the storage provider becomes the owner of the vehicle for all purposes.

    Subsection (4)(a) was amended, as from 16 January 2006, by section 52 Land Transport Amendment Act 2005 (2005 No 77) by substituting the expression 10 days for the expression 28 days. See sections 96 to 100 of that Act as to the transitional and savings provisions.

Part 8
Mitigation of penalties and rights of appeal

Removal of disqualifications

99 Court may reduce disqualification
  • (1) A person (the applicant) who by order of a court is disqualified from holding or obtaining a driver licence may from time to time apply to a court to reduce the disqualification or disqualifications if the person, on the date that the application is made,—

    • (a) has more than 1 year of an existing disqualification or disqualifications left to serve; and

    • (b) has not been convicted in the previous 2 years of offences against any of the following sections of this Act:

    • (c) has not been convicted in the previous 2 years or concurrently of an offence against section 171 of the Crimes Act 1961 (manslaughter) in which the manslaughter was the result of driving a motor vehicle; and

    • (d) has not been convicted of offences against section 32(1)(a) or (b) or (c) in the last 6 months.

    (1A) For the purposes of subsection (1)(b), (c), and (d), the date on which a person has been convicted is the date on which a conviction has been entered against that person.

    (2) On an application under subsection (1), the court may, having regard to the character of the applicant and the applicant's conduct since the order was made, the nature of the offence, and any other circumstances of the case, either—

    • (a) reduce the disqualification as from such date as may be specified in the order or refuse the application; or

    • (b) Treat the application as an application for an order under section 105 (for the grant of a limited licence) and make an order accordingly under that section.

    (3) In having regard under subsection (2) to the conduct of the applicant subsequent to an order disqualifying the applicant from holding or obtaining a driver licence, the court must have regard to—

    • (a) whether or not the opportunity to attend a programme approved under section 99A was reasonably available to the applicant; and

    • (b) Whether or not the applicant attended that approved programme; and

    • (c) Any report of a person conducting such an approved programme on the conduct of the applicant, and on the applicant's awareness of the responsibilities of drivers and suitability to hold or obtain a driver licence; and

    • (d) Any report which relates to the medical condition of the applicant and which is from a medical practitioner attached to an Assessment Centre attended by the person other than under an order made under section 65.

    (4) If an application under this section is refused,—

    • (a) The court may accept a further application in respect of the same order if satisfied that the application is supported by relevant evidence that was not available when the previous application was heard; but

    • (b) Otherwise, a further application in respect of the same order may not be considered until at least 3 months after the date of that refusal.

    (5) If the disqualification was ordered by a District Court, every application under this section concerning that disqualification must be made to a District Court Judge.

    (6) If a court makes an order under this section and the person to whom it applies is, before the end of the period for which the original order of disqualification was made, convicted of an offence for which the applicant is liable for disqualification, the court must, whether or not it imposes a penalty for that offence, order that the applicant be disqualified from holding or obtaining a driver licence for the balance of the disqualification period specified in the original order.

    (7) No application or order under this section may be made by or apply to a person who is subject to an order made under section 65 disqualifying the person from holding or obtaining a driver licence.

    Compare: 1962 No 135 s 39

    The heading to section 99 was amended, as from 16 January 2006, by section 53(1) Land Transport Amendment Act 2005 (2005 No 77) by substituting the word reduce for the word remove. See sections 96 to 100 of that Act as to the transitional and savings provisions.

    Subsection (1) was substituted, as from 16 January 2006, by section 53(2) Land Transport Amendment Act 2005 (2005 No 77). See sections 96 to 100 of that Act as to the transitional and savings provisions.

    Subsection (1A) was inserted, as from 16 January 2006, by section 53(2) Land Transport Amendment Act 2005 (2005 No 77). See sections 96 to 100 of that Act as to the transitional and savings provisions.

    Subsection (2)(a) was amended, as from 16 January 2006, by section 53(3) Land Transport Amendment Act 2005 (2005 No 77) by substituting the word reduce for the word remove. See sections 96 to 100 of that Act as to the transitional and savings provisions.

    Subsection (3)(a) was substituted, as from 16 January 2006, by section 53(4) Land Transport Amendment Act 2005 (2005 No 77).

    Subsection (3)(b) was amended, as from 16 January 2006, by section 53(5) Land Transport Amendment Act 2005 (2005 No 77) by substituting the words approved programme for the word course. See sections 96 to 100 of that Act as to the transitional and savings provisions.

    Subsection (3)(c) was amended, as from 16 January 2006, by section 53(6) Land Transport Amendment Act 2005 (2005 No 77) by substituting the words an approved programme for the words a course. See sections 96 to 100 of that Act as to the transitional and savings provisions.

    Subsection (3)(d) was amended, as from 18 September 2004, by section 175(1) Health Practitioners Competence Assurance Act 2003 (2003 No 48) by omitting the word registered. See sections 178 to 227 of that Act as to the transitional provisions.

    Subsection (5) was amended, as from 16 January 2006, by section 53(7) Land Transport Amendment Act 2005 (2005 No 77) by omitting the words exercising jurisdiction in the court by which the order was made. See sections 96 to 100 of that Act as to the transitional and savings provisions.

99A Director may approve programmes
  • (1) The Director may approve any programme for the purposes of sections 32 and 99.

    (2) When approving a programme, the Director may consult with any persons that the Director considers appropriate having regard to the nature of the programme and the persons to whom it is targeted.

    Section 99A was inserted, as from 16 January 2006, by section 54 Land Transport Amendment Act 2005 (2005 No 77). See sections 96 to 100 of that Act as to the transitional and savings provisions.

100 Director to remove certain disqualifications
  • (1) If an order has been made under section 65 in respect of a person (the applicant), the Director must make an order removing the disqualification of the applicant from holding or obtaining a driver licence, if satisfied that—

    • (a) The applicant is a fit person to hold a driver licence, having regard to—

      • (i) A report which is from a medical practitioner attached to an Assessment Centre and which is made available to the Director by the applicant or the Assessment Centre; and

      • (ii) Any other evidence submitted by the applicant or otherwise available to the Director relating to the medical condition of the applicant; and

    • (b) [Repealed]

    (2) If the Director makes an order under subsection (1), every order made under section 65 that applies to the applicant concerned must be treated as having expired.

    (3) No order may be made under subsection (1) if the applicant concerned is subject to an order made under section 65 that has been in force less than 1 year and 1 day.

    Compare: 1962 No 135 s 30C

    Subsection (1)(a)(i) was amended, as from 18 September 2004, by section 175(1) Health Practitioners Competence Assurance Act 2003 (2003 No 48) by omitting the word registered. See sections 178 to 227 of that Act as to the transitional provisions.

    Subsection (1)(b) was repealed, as from 16 January 2006, by section 55(1) Land Transport Amendment Act 2005 (2005 No 77). See sections 96 to 100 of that Act as to the transitional and savings provisions.

    Subsection (3) was amended, as from 16 January 2006, by section 55(2) Land Transport Amendment Act 2005 (2005 No 77) by substituting the words 1 year and 1 day for the words 2 years. See sections 96 to 100 of that Act as to the transitional and savings provisions.

Removal of licence suspension and return of impounded vehicles

101 Appeal to Director against mandatory suspension of driver licence
  • (1) A person whose driver licence has been suspended under section 95 may appeal to the Director against the suspension on the grounds that—

    • (a) The person was not the driver of the vehicle at the time of the act or omission to which that section applies; or

    • (b) The enforcement officer did not have reasonable grounds of belief as required by section 95 or did not give a notice that complied with subsection (2) of that section.

    (2) An appeal under this section must be set out in a statutory declaration.

    (3) The Director must, within 5 working days after an appeal under this section is lodged, either—

    • (a) Remove the suspension immediately, if satisfied that a ground referred to in subsection (1) has been established; or

    • (b) Dismiss the appeal.

    (4) If a suspension is removed under subsection (3)(a), the suspension ceases to have effect when that decision is made and the Director must return the licence to the holder's last known place of residence or business or postal address, or to the holder at an office of the Authority.

    (5) The Director may refuse to consider an appeal under this section if satisfied that the appeal is frivolous or vexatious, or that the appellant has provided insufficient information.

102 Appeal to Police against impoundment of vehicle
  • (1) An owner whose motor vehicle has been seized and impounded under section 96 or section 96A may appeal to the Police against the seizure and impoundment on the grounds that—

    • (a) The impounded vehicle was a stolen or converted vehicle at the time of the seizure and impoundment; or

    • (b) The enforcement officer who seized the vehicle did not have reasonable grounds of belief as required by section 96 or section 96A or did not comply with the notice requirements in subsection (2) of those sections; or

    • (c) The owner did not know and could not reasonably have been expected to know that the driver was not permitted to drive; or

    • (d) The owner took all reasonable steps to prevent the driver from driving the vehicle; or

    • (e) The driver drove the vehicle in a serious medical emergency (which for the purpose of this paragraph includes carrying a person who is about to give birth); or

    • (f) if section 96(1A) applies, the owner did not know and could not reasonably be expected to know that the operator of the vehicle would contravene section 22A(1) or (3) (whichever applies); or

    • (g) if section 96(1A) applies, the owner took all reasonable steps to prevent the operator of the vehicle from contravening section 22A(1) or (3) (whichever applies); or

    • (h) if section 96A applies, the owner did not know, and could not reasonably have been expected to know, that the operator of the transport service in which the vehicle was being used—

      • (i) was disqualified from holding a transport service licence; or

      • (ii) had the relevant transport service licence suspended or revoked; or

      • (iii) did not hold a transport service licence and had previously been forbidden to operate a transport service.

    (2) An appeal under this section must be set out in a statutory declaration.

    (3) An enforcement officer authorised for the purpose by the Commissioner may hear and determine the appeal, and, if satisfied that a ground referred to in subsection (1) has been established,-

    • (a) the authorised officer must direct that the vehicle be released immediately to the owner or a person authorised by the owner; and

    • (b) if a direction in respect of the vehicle has been given under section 96(1B), the authorised officer must cancel the direction unless he or she believes on reasonable grounds that the vehicle does not comply with the provisions of the regulations or the rules.

    (4) The authorised officer must consider and determine the appeal as soon as reasonably practicable, and,—

    • (a) In the case of an appeal lodged on the ground set out in subsection (1)(a), determine the appeal not later than 2 working days after the day of lodgement:

    • (b) In any other case, determine the appeal not later than 5 working days after the day of lodgement.

    (5) The authorised officer may refuse to consider an appeal under this section if satisfied that the appeal is frivolous or vexatious, or that the appellant has provided insufficient information.

    Section 102(1): amended, on 1 October 2007, by section 56(1) of the Land Transport Amendment Act 2005 (2005 No 77).

    Section 102(1)(b): amended, on 1 October 2007, by section 56(2)(a) of the Land Transport Amendment Act 2005 (2005 No 77).

    Section 102(1)(b): amended, on 1 October 2007, by section 56(2)(b) of the Land Transport Amendment Act 2005 (2005 No 77).

    Subsection (1)(e) was amended, as from 2 May 2003, by section 9(1) Land Transport (Unauthorised Street and Drag Racing) Amendment Act 2003 (2003 No 11) by adding the word ; or.

    Subsection (1)(f) and (g) were inserted, as from 2 May 2003, by section 9(1) Land Transport (Unauthorised Street and Drag Racing) Amendment Act 2003 (2003 No 11).

    Section 102(1)(g): amended, on 1 October 2007, by section 56(3) of the Land Transport Amendment Act 2005 (2005 No 77).

    Section 102(1)(h): added, on 1 October 2007, by section 56(3) of the Land Transport Amendment Act 2005 (2005 No 77).

    Subsection (3) was substituted, as from 2 May 2003, by section 9(2) Land Transport (Unauthorised Street and Drag Racing) Amendment Act 2003 (2003 No 11).

Grant of limited licence

103 Persons who may apply to court for limited licence
  • (1) Unless prevented by subsection (2), the following persons may apply for an order under section 105 authorising the grant of a limited licence:

    • (a) Persons who are disqualified by an order made under this Act from holding or obtaining a driver licence:

    • (b) Persons who are subject to a licence suspension under section 90 (as a result of demerit points).

    (2) The following persons may not apply under this section for an order under section 105 authorising the grant of a limited licence:

    • (a) A person who is disqualified from holding or obtaining a driver licence by an order made under section 65 (which relates to repeat offences involving alcohol or drugs):

    • (b) A person who is disqualified from driving a vehicle being used in a transport service (other than a rental service) by virtue of section 63, if the limited licence would authorise the person to drive a vehicle being used in a transport service (other than a rental service):

    • (c) A person who is disqualified from holding or obtaining a driver licence by an order made on his or her conviction for an offence against section 32(1) (which relates to driving while disqualified or contrary to a limited licence):

    • (d) A person who is disqualified by an order made on his or her conviction—

      • (i) For an offence against any of sections 35, 36, 38, and 39 (which relate to reckless or dangerous driving, careless or inconsiderate driving causing injury or death, and failing to stop after an accident); or

      • (ii) For an offence against any of sections 56, 58, 60, 61, and 62 (which relate to offences involving alcohol or drugs); or

      • (iii) For an offence against section 33(1) (which relates to applying for or obtaining a driver licence while disqualified from doing so); or

    committed within 5 years after the commission of any other offence specified in this paragraph and arising from a different incident (whether or not both offences are of the same kind, regardless of when convictions were entered for those offences).

    Compare: 1962 No 135 s 38(1) to (1B)

    Subsection (2)(d)(iii) was amended, as from 22 June 2005, by section 57 Land Transport Amendment Act 2005 (2005 No 77) by adding the word ; or. See sections 96 to 100 of that Act as to the transitional and savings provisions.

    Subsection (2)(d)(iv) was inserted, as from 22 June 2005, by section 57 Land Transport Amendment Act 2005 (2005 No 77). See sections 96 to 100 of that Act as to the transitional and savings provisions.

104 Issue of limited licence to be delayed or prohibited in certain cases
  • (1) No order may be made under section 105 that authorises a person to obtain a limited licence before the expiration of 28 days from the date the order of disqualification takes effect if the person is disqualified on conviction—

    • (a) For an offence against this Act or the Transport Act 1962 involving driving hours or logbooks; or

    • (b) For an offence against any of sections 35, 36, 38, and 39 (which relate to reckless or dangerous driving, careless or inconsiderate driving causing injury or death, and failing to stop after an accident); or

    • (c) For an offence against any of sections 56, 58, 60, 61, and 62 (which relate to offences involving alcohol or drugs); or

    • (d) For an offence against section 33(1) (which relates to applying for or obtaining a driver licence while disqualified from doing so); or

    • (e) For an offence against section 42 (which relates to insecure loads on vehicles).

    (2) An order may be made under section 105 authorising a person to drive a motor vehicle of a particular class only if the person held a driver licence for that class immediately before he or she was disqualified.

    (3) No order may be made under section 105 authorising a person to drive a motor vehicle—

    • (a) for the purposes of conducting driving tests or acting as a driving instructor; or

    • (b) in a passenger service, unless the accumulation of demerit points is the only reason for the suspension of that person's driver licence.

    (4) Unless the parties agree in a particular case that compliance with this subsection is not required, no order may be made under section 105 until every person who has made an affidavit filed in support of the application for the order has appeared before the court for examination on the contents of his or her affidavit.

    Compare: 1962, No 135, s 38(2)(a)-(c)

    Subsection (3) was substituted, as from 22 June 2005, by section 58 Land Transport Amendment Act 2005 (2005 No 77). See sections 96 to 100 of that Act as to the transitional and savings provisions.

105 Court may make order authorising grant of limited licence
  • (1) A court may at any time make an order under this section authorising the applicant to obtain, immediately or after the expiration of such period as the court may specify, a driver licence (a limited licence) authorising the applicant to drive to such extent (being the least extent that it is necessary to alleviate extreme or undue hardship) as the court specifies in the order.

    (2) The court may make an order under this section if satisfied that—

    • (a) The disqualification or suspension has resulted or will result in—

      • (i) Extreme hardship to the applicant (whether in relation to employment or otherwise); or

      • (ii) Undue hardship to a person other than the applicant (whether in relation to employment or otherwise); and

    • (b) An order under this section is not contrary to the interests of public safety.

    (3) In making an order under this section, the court—

    • (a) Must specify—

      • (i) The purpose for which the limited licence is issued; and

      • (ii) The particular vehicle or the type of vehicle which may be driven; and

      • (iii) The days of the week and times at which that vehicle may be driven; and

      • (iv) Such other matters as may be necessary to limit the order to alleviating the hardship which was alleged and proved; and

    • (b) May specify in the order such other matters as the court thinks fit.

    (4) If the application relates to a disqualification order made by a District Court, the application must be made to a District Court Judge exercising jurisdiction in the court by which the order was made.

    (5) If an application under this section is refused,—

    • (a) The court may accept a further application in respect of the same order if satisfied that the application is supported by relevant evidence that was not available when the previous application was heard; but

    • (b) Otherwise, a further application in respect of the same order may not be considered until at least 3 months after the date of that refusal.

    (6) If the court makes an order under this section, the Director must, despite anything in this Act to the contrary but otherwise subject to the provisions of this Act, issue to the person entitled to it a limited licence in accordance with the terms of the order.

    (7) If the holder of a limited licence, or a person who is authorised to obtain a limited licence but has not become the holder of such a licence, is convicted of an offence for which an order of disqualification is imposed,—

    • (a) The limited licence must be revoked or may not be issued (as the case may be) and the original order of disqualification is revived and has effect for the balance of the term for which it was originally imposed; and

    • (b) Unless the court orders otherwise, the period of disqualification under the revived order of disqualification runs concurrently with the order of disqualification in respect of the second offence.

    (8) The holder of a limited licence that is revoked under subsection (7) must immediately, and whether demand is made on the holder or not, surrender his or her licence to the court by which he or she is convicted or to an enforcement officer or at an office of the Authority.

    (9) Despite section 104(3)(b), the court may not make an order under this section unless the applicant satisfies the court that no more than 20 of the demerit points were accumulated while driving in a passenger service.

    Compare: 1962 No 135 s 38(2) to (9)

    Subsection (9) was inserted, as from 22 June 2005, by section 59 Land Transport Amendment Act 2005 (2005 No 77). See sections 96 to 100 of that Act as to the transitional and savings provisions.

Rights of appeal

106 General right of appeal to District Court
  • (1) Any person who is dissatisfied with any decision made under this Act by the Director in respect of the grant, issue, revocation, or suspension of a land transport document sought or held by that person may appeal to a District Court against that decision.

    (2) The court may confirm, reverse, or modify the decision appealed against.

    (3) Every decision of the Director appealed against under this section continues in force pending the determination of the appeal, and no person is excused from complying with any of the provisions of this Act on the ground that any appeal is pending.

    (4) Even though an appeal under this section may have been determined in favour of the appellant, the Director may, subject to the like right of appeal, refuse to deal with in accordance with the provisions of this Act the matter of the grant, issue, revocation, or suspension of the land transport document concerned on any sufficient grounds supported by facts or evidence discovered since the hearing of the appeal.

    (5) Subsection (1) does not apply if a right of appeal to a District Court against the decision concerned is conferred by some other section of this Act.

107 Appeals against court orders relating to disqualification or grant of limited licence, and deferral of disqualification
  • (1) A person who has been disqualified by order of a District Court from holding or obtaining a driver licence may appeal to the High Court against a decision of a District Court by—

    • (a) refusing to grant the person a limited licence; or

    • (b) refusing to reduce the person's disqualification.

    (2) If it thinks fit, a District Court may, on an application by a person who has appealed to the High Court under subsection (1) or section 107 or section 115 of the Summary Proceedings Act 1957, defer the operation of the disqualification order pending the determination of the appeal.

    (2A) If the District Court refuses to defer the operation of the disqualification order pending the appeal, the person who applied for the disqualification order to be deferred may appeal to the High Court against that decision of the District Court.

    (2B) Part 4 of the Summary Proceedings Act 1957 applies, with the necessary modifications, to an appeal to the High Court under subsection (1) or subsection (2A).

    (3) A person who is disqualified by an order of the High Court from holding or obtaining a driver licence may, with the leave of the Court of Appeal, appeal to that court against a decision of the High Court—

    • (a) Refusing to grant the person a limited licence; or

    • (b) Refusing to remove the person's disqualification;—

    and the provisions of subsections (3) to (5) of section 379A of the Crimes Act 1961 apply with the necessary modifications, as if it were an appeal under that section.

    (4) If an application is made to the Court of Appeal for leave to appeal to that court against a sentence of a District Court or the High Court that is or includes an order of disqualification, the High Court may, if it thinks fit, defer the operation of the order pending the application for leave to appeal and, if leave is granted, pending the determination of the appeal.

    (5) If any such appeal to the High Court or Court of Appeal is allowed, whether in whole or in part, the Registrar of the High Court must notify the Director of the result of the appeal.

    (6) In determining the period for which a person is disqualified from holding or obtaining a licence, any time during which the operation of the disqualification order is deferred under this section must be disregarded.

    Compare: 1962 No 135 s 41

    Subsections (1) and (2) were substituted, as from 22 June 2005, by section 60 Land Transport Amendment Act 2005 (2005 No 77). See sections 96 to 100 of that Act as to the transitional and savings provisions.

    Subsections (2A) and (2B) were inserted, as from 22 June 2005, by section 60 Land Transport Amendment Act 2005 (2005 No 77). See sections 96 to 100 of that Act as to the transitional and savings provisions.

108 Appeal against Director's refusal to remove disqualification
  • (1) If an order has been made under section 65 and the person in respect of whom the order was made—

    • (a) Has unsuccessfully applied to the Director for an order under section 100; and

    • (b) Considers that the Director should have made an order under that section,—

    that person may appeal to a District Court against the refusal of the Director to make that order.

    (2) In determining the appeal, the court may—

    • (a) Direct the Director to make an order under section 100; or

    • (b) Dismiss the appeal.

109 Appeal against refusal of Director to remove suspension of driver licence
  • (1) A person who unsuccessfully appeals to the Director under section 101 may, on any grounds set out in subsection (1) of that section, appeal to a District Court against the decision under that section.

    (2) The court must determine the appeal on 1 or more of the grounds set out in subsection (1) or subsection (5) of section 101 and may not consider any other grounds.

    (3) The court may—

    • (a) Direct that the suspension be removed, in which case that direction has effect as if it had been made under section 101 by the Director; or

    • (b) Dismiss the appeal.

110 Appeal against refusal of Police to direct release of impounded vehicle
  • (1) A person who unsuccessfully appeals to an enforcement officer under section 102 may, on any grounds set out in subsection (1) of that section, appeal to a District Court against the decision under that section.

    (2) The court must determine the appeal on 1 or more of the applicable grounds set out in subsection (1) or subsection (5) of section 102 and may not consider any other grounds.

    (3) The court may—

    • (a) make an order—

      • (i) directing that the vehicle be released immediately to the person, in which case that direction has effect as if it had been made under section 102 by the authorised enforcement officer; and

      • (ii) if an enforcement officer has given a direction in respect of the vehicle under section 96(1B), cancelling that direction unless the court is satisfied that the vehicle does not comply with the provisions of the regulations or the rules; or

    • (b) dismiss the appeal.

    Subsection (2) was amended, as from 2 May 2003, by section 10(1) Land Transport (Unauthorised Street and Drag Racing) Amendment Act 2003 (2003 No 11) by inserting the word applicable before the words grounds set out.

    Subsection (3) was substituted, as from 2 May 2003, by section 10(2) Land Transport (Unauthorised Street and Drag Racing) Amendment Act 2003 (2003 No 11).

111 Procedure
  • (1) Every appeal under this Act to a District Court must be brought, by way of originating application, not later than 28 days after the date on which the appellant was notified of the decision appealed against, or within such further period as the District Court may allow.

    (2) In dealing with an appeal under this Act, a District Court may hear all evidence tendered and representations made by or on behalf of any party to the appeal that the court considers relevant to the appeal, whether or not that evidence would be otherwise admissible in that court.

    (3) Every such appeal must be made and determined in accordance with the District Courts Act 1947 and the rules of court made under that Act, but the application of that Act and those rules is subject to the other provisions of this section.

    (4) Subject to sections 107, 111A, and 111B, the decision of the District Court on any appeal under this Act is final.

    Section 111(4): amended, on 1 October 2007, by section 61(2) of the Land Transport Amendment Act 2005 (2005 No 77).

111A Appeal to High Court on question of law
  • (1) A party to an appeal under section 106 who is dissatisfied with the decision of the District Court on the grounds that it is erroneous in law may appeal to the High Court on that question of law.

    (2) An appeal under this section must be heard and determined in accordance with the rules of the High Court.

    Section 111A: inserted, on 1 October 2007, by section 61(1) of the Land Transport Amendment Act 2005 (2005 No 77).

111B Further appeal to Court of Appeal
  • (1) This section applies to appeals under this Act with respect to the offences specified in Part 6A.

    (2) If this section applies, a party to an appeal who is dissatisfied with the decision of the High Court in respect of the appeal as being erroneous in law may, with the leave of the High Court or (if that leave is declined) with special leave of the Court of Appeal, appeal to the Court of Appeal on that question of law.

    (3) The Court of Appeal may make any order or determination that it thinks fit in relation to the appeal.

    (4) The decision of the Court of Appeal on an appeal or any application for leave to appeal is final.

    (5) Except as provided in this section, the procedures in respect of an appeal under this section must be in accordance with the ordinary rules of court.

    Compare: 1989 No 74 s 46

    Section 111B: inserted, on 1 October 2007, by section 61(1) of the Land Transport Amendment Act 2005 (2005 No 77).

Demerit points

112 Effect of appeal on demerit points
  • (1) If a person appeals against a conviction for an offence to which section 88 applies (which section relates to offences attracting demerit points),—

    • (a) No demerit points may be recorded in relation to the offence pending the determination of the appeal:

    • (b) A recording of demerit points made in relation to the offence before the filing of the notice of appeal and any disqualification imposed as a result is cancelled:

    • (c) If on the determination of the appeal the conviction is upheld, or if the appeal is abandoned or is dismissed for want of prosecution, demerit points must be recorded in relation to the offence.

    (2) The Registrar of the court in which the appellant was convicted must notify the Director of the filing of the notice of appeal and of the result of the determination of the appeal, or of the abandonment or dismissal of the appeal.

    (3) If a conviction for an offence to which section 88 applies is quashed on an application for judicial review, demerit points may not be recorded for that offence or (if recorded) the Director must cancel the demerit points recorded and any disqualification imposed for that offence.

Part 9
Enforcement of responsibilities

General enforcement powers

113 Enforcement officers may enforce transport legislation
  • (1) An enforcement officer in uniform or in possession of a warrant or other evidence of his or her authority as an enforcement officer may enforce the provisions of—

    • (b) Regulations and rules and bylaws in force under any Acts mentioned in paragraph (a).

    (2) Without limiting any other powers conferred on an enforcement officer, an enforcement officer, in enforcing any provisions referred to in subsection (1), may at any time—

    • (a) Direct a person on a road (whether or not in charge of a vehicle) to give the person's name and address and date of birth, or such of those particulars as the enforcement officer may specify, and give any other particulars required as to the person's identity, and (unless the person is for the time being detained or under arrest under any enactment) 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 a vehicle:

    • (b) Inspect, test, and examine—

      • (i) The brakes or any other part of a vehicle on a road or any associated equipment; or

      • (ii) A land transport document, or a document resembling a land transport document, displayed or carried on the vehicle:

    • (c) If the enforcement officer believes on reasonable grounds that a vehicle on a road causes an obstruction in the road or to a 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 a place where it does not constitute a traffic hazard:

    • (d) Direct the driver or person in charge of a vehicle on a road to remove the vehicle from the road or a specified part of a road, if the officer believes on reasonable grounds that it causes an obstruction in the road or to a vehicle entrance to any property or its removal is desirable in the interests of road safety or for the convenience or in the interests of the public:

    • (e) Forbid an unlicensed driver to drive a motor vehicle:

    • (f) forbid a person who is operating a transport service without a licence to operate that transport service.

    (3) An enforcement officer in uniform or wearing a distinctive cap, hat, or helmet, with a badge of authority affixed to it, who is for the time being engaged in the regulation of traffic on a road, may—

    • (a) Direct a person using a vehicle or riding or driving an animal on the road to stop the vehicle or animal, as the case may be, or to cause it to proceed in or keep to a particular line of traffic or direction:

    • (b) Direct a pedestrian not to proceed across the road in contravention of a direction to stop given by the enforcement officer (whether given to pedestrians or to pedestrians and other traffic).

    (4) In paragraphs (c) and (d) of subsection (2), road includes any land vested in or under the control of the Crown or any local authority.

    Compare: 1962 No 135 s 68B

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

    Subsection (1)(a) was amended, as from 13 November 2003, by section 90 Land Transport Management Act 2003 (2003 No 118) by inserting the words the Land Transport Management Act 2003, after the words the Railway Safety and Corridor Management Act 1992,. See sections 108 and 109 of that Act as to the savings provisions relating to regional land transport strategies.

    Subsection (1)(a) was amended, as from 20 July 2005, by section 103(3) Railways Act 2005 (2005 No 37) by substituting the expression Railways Act 2005 for the expression Railway Safety and Corridor Management Act 1992. See sections 105 to 111 of that Act as to the transitional provisions.

    Section 113(2)(f): added, on 1 October 2007, by section 62 of the Land Transport Amendment Act 2005 (2005 No 77).

113A Power to inspect records
  • (1) For the purpose of ascertaining whether this Act has been or is being complied with by any person to whom this Act applies, any enforcement officer in uniform or in possession of a warrant or other evidence of his or her authority as an enforcement officer may require that person to produce without delay for inspection all relevant books or records in that person's possession or over which that person has control, including (but not limited to) logbooks, records associated with logbooks, financial records relating to expenditure on fuel, invoices, vehicle maintenance records, depreciation records for vehicles, time and wage records, and waybills.

    (2) The enforcement officer may take extracts from or make copies of any books or records so produced.

    Compare: 1989 No 74 s 63A

    Section 113A: inserted, on 1 October 2007, by section 63 of the Land Transport Amendment Act 2005 (2005 No 77).

114 Power to require driver to stop and give name and address, etc
  • (1) An enforcement officer who is in uniform, or wearing a distinctive cap, hat, or helmet, with a badge of authority affixed to it, may signal or request the driver of a vehicle to stop the vehicle as soon as is practicable.

    (2) An enforcement officer in a vehicle following another vehicle may, by displaying flashing blue, or blue and red, lights or sounding a siren, require the driver of the other vehicle to stop.

    (2A) Subject to subsections (4) and (5), the driver of a vehicle that is stopped by an enforcement officer under this Act must remain stopped for as long as is reasonably necessary for the enforcement officer to complete the exercise of any powers conferred, or duties imposed, on an enforcement officer by this Act.

    (3) An enforcement officer may require the driver of a vehicle that is stopped under this Act to—

    • (a) Remain stopped for as long as is reasonably necessary for an enforcement officer to obtain the particulars referred to in paragraph (b), or to complete the exercise of any other power conferred on an enforcement officer by this Act; and

    • (b) On demand by an enforcement officer,—

      • (i) Give his or her name and address and date of birth, or such of those particulars as the enforcement officer may specify; and

      • (ii) State whether or not he or she is the owner of the vehicle; and

      • (iii) If the driver is not the owner of the vehicle, give the name and address of the owner or such particulars within the driver's knowledge as may lead to the identification of the owner.

    (4) The driver of a vehicle that is stopped under subsection (2) is not obliged to remain stopped if the vehicle with flashing lights and siren does not itself stop in the near vicinity of the place where the driver has stopped.

    (5) An enforcement officer may require a driver to remain stopped on a road for as long as is reasonably necessary to enable the officer to establish the identity of the driver, but not for longer than 15 minutes if the requirement to remain stopped is made under this subsection only.

    (6) An enforcement officer may arrest a person without warrant if the officer has good cause to suspect the person of having—

    • (a) Failed to comply with this section or a signal or request or requirement under this section; or

    • (b) Given false or misleading information under this section.

    Compare: 1962 No 135 s 66

    Subsection (2A) was inserted, as from 22 June 2005, by section 64 Land Transport Amendment Act 2005 (2005 No 77). See sections 96 to 100 of that Act as to the transitional and savings provisions.

115 Enforcement officers may give directions prohibiting driving of vehicles
  • (1) An enforcement officer who believes on reasonable grounds that a vehicle does not comply with the regulations or the rules or a particular requirement of the regulations or the rules, may—

    • (a) affix or cause to be affixed to the vehicle a notice in the form approved by the Authority by notice in the Gazette directing that the vehicle must not be driven on a road; and

    • (b) give the driver or owner of the vehicle a notice in a form approved by the Authority by notice in the Gazette directing that the vehicle must not be driven on a road.

    (2) A notice given under subsection (1) continues in force until the vehicle—

    • (a) has been inspected by a person authorised by the Director; and

    • (b) the person is satisfied that the vehicle has been made to comply with the regulations and the rules or with the particular requirement of the regulations or the rules; and

    • (c) new evidence of vehicle inspection has been issued for the vehicle by a person authorised by the Director and is displayed on that vehicle.

    (2A) Despite subsection (2), the enforcement officer may specify that the notice in subsection (1) continues in force until—

    • (a) the vehicle has been made to comply with the regulations and the rules or with the particular requirement of the regulations or the rules; and

    • (b) the enforcement officer has been notified in writing that the vehicle complies with the regulations and the rules or with the particular requirement of the regulations or the rules.

    (3) An enforcement officer who believes on reasonable grounds that a vehicle on a road is not in a safe condition to be driven on the road, may—

    • (a) Affix or cause to be affixed to the vehicle a notice to that effect in a form approved by the Authority by notice in the Gazette; and

    • (b) Give the driver or owner of the vehicle a notice in a form approved by the Authority by notice in the Gazette stating that the vehicle must be removed from the road and may not be driven on a road until—

      • (i) It has been inspected by a person authorised by the Director; and

      • (ii) The person is satisfied that the vehicle is in a safe condition for driving on the road; and

      • (iii) New evidence of vehicle inspection has been issued for the vehicle by a person authorised by the Director and is displayed on that vehicle.

    (4) A notice under subsection (1) may include a condition to the effect that the vehicle may continue to be driven to reach a specified place for repair or may continue to be driven for a given time or under limitations as to speed or route or otherwise.

    (5) A notice under subsection (3) may include a condition to the effect that the vehicle may continue to be driven to reach a specified place for repair.

    (6) A notice given by the Authority in the Gazette for any purpose specified in this section, and a corresponding notice given under any former enactment and continued in force by this Act, may be amended from time to time, or revoked, by the Authority in the same manner.

    Compare: 1962 No 135 s 68B(2A)

    Subsections (1) and (2) were substituted, as from 16 January 2006, by section 65 Land Transport Amendment Act 2005 (2005 No 77). See sections 96 to 100 of that Act as to the transitional and savings provisions.

    Subsection (2A) was inserted, as from 16 January 2006, by section 65 Land Transport Amendment Act 2005 (2005 No 77). See sections 96 to 100 of that Act as to the transitional and savings provisions.

116 Enforcement of directions
  • (1) An enforcement officer may arrest without warrant a person whom the officer has good cause to suspect has failed to comply with a direction given under section 113 or section 115.

    (2) A person charged with an offence of contravening a prohibition imposed under section 115(3) does not commit an offence unless the court is satisfied that the enforcement officer had reasonable grounds for believing that in all the circumstances the prohibition was necessary in the interests of the safety of the driver or person in charge of the vehicle or of any other person or of the public.

    Compare: 1962 No 135 s 68B(1C)

117 Moved vehicle not to be damaged and to be returned to person entitled to possession
  • (1) A person who is authorised by an enforcement officer 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; or

    • (c) Impound a vehicle—

    may do so, but must do everything reasonably necessary to ensure that the vehicle and personal property in or on the vehicle are not damaged.

    (2) A person who—

    • (a) Has possession of a vehicle as a result of its being moved under section 113(2)(c); and

    • (b) When requested at a reasonable time to do so by a person who produces satisfactory evidence to the effect that he or she was lawfully entitled to possession of the vehicle immediately before it was moved,—

    must release the vehicle to that person immediately.

    Compare: 1962 No 135 s 68B(5)

118 Owner or hirer or licence holder to give information as to identity of driver or passenger
  • (1) If an enforcement officer has reasonable cause to believe that the driver of a vehicle has committed an offence while in charge of the vehicle, the officer may request the owner or hirer of the vehicle to give all information in his or her possession or obtainable by him or her which may lead to the identification and apprehension of the driver of the vehicle.

    (2) If an enforcement officer has reasonable cause to believe that a passenger of a vehicle has committed an offence in or through the use of the 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, the officer may request the owner or hirer of the vehicle to give all information which may lead to the identification and apprehension of the passenger.

    (3) A request under subsection (1) or subsection (2) or subsection (6) may be made orally or in writing and the owner or hirer or licence holder (as the case may be) must comply with the request within 14 days.

    (4) If a vehicle has been used to flee a Police pursuit, an enforcement officer may request the owner of the vehicle to give all information in his or her possession or obtainable by him or her which may lead to the identification and apprehension of the driver, and the owner must give the officer that information immediately.

    (5) Subsection (4) does not apply if the owner has been arrested or detained in relation to the suspected offence.

    (6) If the holder of a transport service licence employs any person to drive a vehicle under that licence, the licence holder, on being informed of any offence alleged to have been committed by that person or by a person driving a vehicle being used under the licence, and on being requested to do so by an enforcement officer, must supply in writing the full name and address of the driver.

    Compare: 1962 No 135 s 67; 1989 No 74 s 32(1)

    Section 118 heading: amended, on 1 October 2007, by section 66(1) of the Land Transport Amendment Act 2005 (2005 No 77).

    Section 118(3): amended, on 1 October 2007, by section 66(2)(a) of the Land Transport Amendment Act 2005 (2005 No 77).

    Section 118(3): amended, on 1 October 2007, by section 66(2)(b) of the Land Transport Amendment Act 2005 (2005 No 77).

    Section 118(6): added, on 1 October 2007, by section 66(3) of the Land Transport Amendment Act 2005 (2005 No 77).

    Section 118 compare note: substituted, on 1 October 2007, by section 66(4) of the Land Transport Amendment Act 2005 (2005 No 77).

Powers of entry, arrest, immobilisation, and impoundment

119 Powers of entry
  • (1) An enforcement officer may exercise the powers conferred by subsection (2) if the enforcement officer—

    • (a) Has good cause to suspect that a person—

      • (i) Has contravened a request or requirement or demand made under section 114 (other than subsection (1)); and

      • (ii) Has also committed or is committing an offence against section 35(1)(a) or section 35(1)(b) (which relate to reckless or dangerous driving offences), or is, or has recently been, driving under the influence of drink or a drug, or both; and

    • (b) Is freshly pursuing that person.

    (2) The enforcement officer may, without warrant, in the course of the pursuit enter, by force if necessary, any premises which the person has entered, for either or both of the following purposes:

    • (a) Determining whether or not a power conferred on an enforcement officer by section 68 or section 69 should be exercised in respect of that person:

    • (b) Exercising or completing the exercise of any such power in respect of that person (as if the person were in a motor vehicle on a road).

    (3) An enforcement officer may without warrant enter, by force if necessary, a building or place where a vehicle to which section 96 or section 96A or section 123 applies is being stored or kept, and seize and impound the vehicle, if—

    • (a) An enforcement officer has been freshly pursuing the vehicle; or

    • (b) It is likely that a person was about to remove, conceal, destroy, or dispose of the vehicle; or

    • (c) An enforcement officer suspects on reasonable grounds that the vehicle was about to be used in the commission of a crime; or

    • (d) Because of the time of the day or the locality, it was impracticable to obtain a warrant without creating an opportunity for the person to do any thing referred to in paragraph (b) or subparagraph (c).

    (4) For the purposes of seizing and impounding a vehicle under section 96 or section 96A or section 123 in any case where subsection (3) does not apply, an enforcement officer may enter a building or place where a vehicle to which that section applies is being stored or kept only with the consent of the occupier or under a warrant issued under subsection (5) of this section.

    (5) An enforcement officer may apply on oath to a District Court Judge for a warrant to enter a place referred to in subsection (4) and, if satisfied that there is reasonable ground for believing that a vehicle to which section 96 or section 96A or section 123 applies is being stored or kept in the building or place, the Judge may issue a warrant authorising an enforcement officer to enter, by force if necessary, any part of the building or place, and seize and impound the vehicle.

    (6) It is the duty of every enforcement officer exercising a power conferred by subsection (2) or subsection (3) or under subsection (5)

    • (a) To identify himself or herself as an enforcement officer to the pursued person and to the occupant of the premises entered; and

    • (b) To tell the pursued person and the occupant of the premises entered that the power of entry is being exercised under this section; and

    • (c) If the enforcement officer is not in uniform, to produce to the pursued person and the occupant of the premises entered on initial entry, and, if requested, at any subsequent time, evidence that he or she is an enforcement officer.

    (7) An enforcement officer who enters any premises under this section may not exercise on those premises any power of arrest conferred by this Act other than a power of arrest conferred by any of sections 68(3), 69(6), and 120.

    Compare: 1962 No 135 s 66A

    Section 119(3): amended, on 1 October 2007, by section 67(1) of the Land Transport Amendment Act 2005 (2005 No 77).

    Section 119(4): amended, on 1 October 2007, by section 67(2) of the Land Transport Amendment Act 2005 (2005 No 77).

    Section 119(5): amended, on 1 October 2007, by section 67(3) of the Land Transport Amendment Act 2005 (2005 No 77).

120 Arrest of persons for alcohol or drug-related offences, or assault on enforcement officer
  • (1) An enforcement officer may arrest a person without warrant if the officer has good cause to suspect that the person—

    • (a) Has committed an offence against any of sections 58 to 62; or

    • (b) Has assaulted that or any other enforcement officer while the officer was acting in the course of the officer's official duties.

    (2) A person assisting an enforcement officer may arrest without warrant a person referred to in subsection (1)(b).

    (3) A person other than a sworn member of the Police who exercises any power of arrest conferred by this section must, as soon as practicable, deliver the arrested person into the custody of a sworn member of the Police.

    (4) The obligation in subsection (3) does not apply until the completion of the exercise of any powers that may be exercised under this Act in respect of the arrested person or any vehicle driven by that person.

    (5) The powers conferred by this section are in addition to any other powers of arrest under this Act.

    Compare: 1962 No 135 s 62, 62A, 62B

121 Enforcement officer may immobilise vehicle, etc, if driver incapable of proper control of vehicle
  • (1) An enforcement officer may exercise all or any of the powers conferred by subsection (2) if he or she believes on reasonable grounds that—

    • (a) Either—

      • (i) A person who is for the time being in charge of a motor vehicle is, because of his or her physical or mental condition (however arising), incapable of having proper control of the vehicle; or

      • (ii) The requirements of any enactment concerning work time or rest time are not being complied with; and

    • (b) In all the circumstances, the direction or prohibition or action is necessary in the interests of that person or of any other person or of the public.

    (2) The enforcement officer may—

    • (a) Forbid that person to drive a motor vehicle for such period as the enforcement officer specifies:

    • (b) Direct the person to drive the vehicle to a specified place where the driver may obtain rest, or where the load on the vehicle or other conditions make it appropriate that the driver should drive to that place:

    • (c) Take possession of all ignition or other keys of the vehicle, and for that purpose require that person to deliver up immediately all such keys:

    • (d) Take such steps as may be necessary to render the vehicle immobile or to remove it to a place where it does not constitute a traffic hazard.

    (3) The period for which an enforcement officer forbids a person to drive under subsection (2)(a) must, where the result of an evidential breath test undergone by the person indicates that the proportion of alcohol in the person's breath exceeds 400 micrograms of alcohol per litre of breath, be a period of 12 hours, unless the enforcement officer is satisfied that there is good reason for imposing a shorter prohibition.

    (4) An enforcement officer may arrest without warrant a person who fails to comply with a direction given under this section or does or attempts to do any act that is for the time being forbidden under this section.

    Compare: 1962 No 135 s 63

    Section 121(1)(a)(ii): amended, on 1 October 2007, by section 68 of the Land Transport Amendment Act 2005 (2005 No 77).

122 Enforcement officer may seize and impound vehicle for up to 12 hours in emergency
  • (1) If an enforcement officer believes on reasonable grounds that it is in the interests of public safety that a motor vehicle should be seized and impounded, and that it is unlikely that those interests could be secured by exercising powers conferred other than by this section, the officer may seize and impound, or authorise the impoundment of, the vehicle for such period (which may not exceed 12 hours) as is required to secure those interests.

    (2) If an enforcement officer believes on reasonable grounds that it is in the interests of public safety for a vehicle to remain impounded under this section for a further period and that it is unlikely that those interests could be secured by exercising powers conferred other than by this section, the officer may extend by up to 12 hours the period for which the vehicle was impounded under subsection (1).

    (3) Sections 96(4), 97, and 98 (which set out requirements and rights relating to the seizure and impoundment of vehicles) apply, with any necessary modifications, to the seizure and impoundment of a vehicle under this section as if the vehicle were being seized under section 96.

123 Enforcement officer may seize and impound vehicle for up to 7 days where serious accident or hit and run offence or for failure to stop
  • (1) An enforcement officer may seize and impound a motor vehicle for such period (which may not exceed 7 days) as is necessary to preserve evidence (or to enable a scientific examination of evidence) or to establish the cause of a serious traffic accident, if the officer believes on reasonable grounds that—

    • (a) The vehicle has been involved in a serious traffic accident or a hit and run offence; or

    • (b) The driver has failed to stop in contravention of a signal or request made under section 114(1) or (2).

    (2) Section 96(4) and section 97 (other than subsections (2) to (4)) (which set out requirements and rights relating to the seizure and impoundment of vehicles) apply, with any necessary modifications, to the seizure and impoundment of a vehicle under this section as if the vehicle were being seized under section 96.

    (3) A commissioned officer of Police may from time to time, after giving notice in writing to the registered owner of the vehicle, apply to a District Court Judge for an order extending the period for which a vehicle has been impounded under this section; and a District Court Judge may order that the vehicle be impounded for a further period not exceeding 7 days as the Judge thinks fit and may from time to time renew any extension ordered under this subsection.

    (4) For the purposes of this section,—

    Hit and run offence means an offence against this Act or the Crimes Act 1961 involving an event in which a person is struck by a motor vehicle and injured or killed as a result, where the driver fails to comply with his or her duties under section 22

    Serious traffic accident means an accident involving a vehicle that results in an injury to or the death of a person.

Enforcement powers for offences involving certain vehicles

124 Inspection of vehicles required to have evidence of vehicle inspection and certificate of loading
  • An enforcement officer may, at a reasonable time, exercise all or any of the following powers in respect of a vehicle that is required under this Act to have current evidence of vehicle inspection and a certificate of loading:

    • (a) Require the owner or person for the time being in charge of the vehicle to produce current evidence of vehicle inspection and a current certificate of loading for that vehicle:

    • (b) Stop, enter, and inspect any such vehicle while it is in use on a road:

    • (c) Make a reasonable running test of the vehicle at the expense of the owner:

    • (d) Require the owner or person for the time being in charge of the vehicle to provide reasonable assistance in the conduct of any such inspection or running test.

    Compare: 1962 No 135 s 80

125 Stopping, inspection, and weighing of heavy vehicles and certain transport service vehicles
  • (1) An enforcement officer may at any time exercise all or any of the following powers in respect of a heavy motor vehicle or transport service vehicle (other than a light rental service vehicle) on a road:

    • (a) Inspect the load on the vehicle:

    • (b) Measure, or require to be measured, the weight of the vehicle or the weight on any of its axles:

    • (c) Direct the driver or person in charge of the vehicle to drive the vehicle to a site and on to a weighing device specified by the enforcement officer for the purpose of enforcing the provisions of this Act or the Road User Charges Act 1977 or any other enactment, even though the driver may not otherwise be permitted to drive the vehicle to that site.

    (2) The power conferred by subsection (1)(c) is also exercisable in respect of a vehicle an enforcement officer believes to be a heavy motor vehicle or transport service vehicle (other than a light rental service vehicle).

    (3) Except where the driver has failed to stop when directed under subsection (4), nothing in subsection (1) authorises an enforcement officer to direct the driver or person in charge, in order to drive the vehicle to a site or weighing device, to travel a distance that would increase the total length of the journey by—

    • (a) More than 5 km; or

    • (b) More than 20 km, if the officer has good cause to suspect that the driver has detoured from the normal route for the purpose of avoiding being required to have the weight of the vehicle or on any axle of the vehicle measured.

    (4) The driver of a heavy motor vehicle or goods service vehicle must, whenever directed by a sign displaying the words ALL TRUCKS STOP or by an enforcement officer, stop the vehicle and keep it stopped so that an enforcement officer may determine whether or not to take any action under subsection (1) or to complete the exercise of any other power conferred on an enforcement officer by this Act.

126 Off-loading of overweight vehicle
  • (1) An enforcement officer must direct the driver of a heavy motor vehicle or transport service vehicle on a road to keep the vehicle stopped or remove it to a place of safety approved by the officer and remain stopped there, if—

    • (a) The weight of a heavy motor vehicle or transport service vehicle on a road is measured by, or at the direction of, an enforcement officer; and

    • (b) The gross weight of the vehicle, or the weight on a wheel, axle, or group of axles of the motor vehicle, exceeds by 10% or more—

      • (i) A prescribed weight restriction applicable to that motor vehicle; or

      • (ii) A weight or loading restriction specified in the vehicle's certificate of loading.

    (2) The vehicle must remain at the place to which it is directed under subsection (1) until either—

    • (a) Part of the load is removed or the load rearranged so as to reduce the gross weight and the weight on every wheel, every axle, and every group of axles of the motor vehicle to not more than—

      • (i) The maximum prescribed weight applicable to that motor vehicle; and

      • (ii) A weight or loading restriction specified in the vehicle's certificate of loading; or

    • (b) A permit in writing is issued under this Act to permit the motor vehicle to proceed along a road with its load.

    (3) If a motor vehicle stopped under subsection (1) is a passenger service vehicle, and a suitable alternative vehicle is available within a reasonable time, the passengers must be transferred to that alternative vehicle; but, if a suitable alternative vehicle is not available within a reasonable time, the passenger service vehicle must be permitted to proceed at a low speed, under the escort of an enforcement officer, to a safe location that is suitable for handling the passengers and has adequate communications facilities.

    (4) If—

    • (a) The weight of a heavy motor vehicle approaching a bridge for which a weight restriction has been prescribed is measured by or at the direction of an enforcement officer; and

    • (b) The gross weight of the motor vehicle, or the weight on any wheel, axle, or group of axles of the motor vehicle, exceeds by 10% or more any weight restriction for that bridge,—

    the enforcement officer must, by direction given to the driver or person in charge of the motor vehicle, direct that the motor vehicle may not be driven on to the bridge until the load or part of the load is removed so as to reduce the gross weight and the weight on every wheel, every axle, and every group of axles to not more than the maximum prescribed for that bridge, or until a permit in writing has been issued under this Act permitting that motor vehicle to proceed on to that bridge with its load.

    (5) Subsection (4) overrides subsection (3).

    Compare: 1962 No 135 s 69A(2), (2AA), (2A)

127 Protection against claims resulting from action under section 125 or section 126
  • (1) None of the following, namely,—

    • (a) The Crown; or

    • (b) Any enforcement officer; or

    • (c) Any employer of an enforcement officer who is not a member of the Police,—

    is liable for any loss or damage to a vehicle or its load arising directly or indirectly from the stopping of the vehicle or the removal of any part of its load under a direction given under section 125 or section 126.

    (2) This section does not apply if the enforcement officer concerned acted without good faith or if his or her omission or neglect is a major departure from the standard of care expected of a reasonable person in the circumstances.

    Compare: 1962 No 135 s 69A(5)

128 Enforcement officer to order heavy vehicle to stop until load secured
  • (1) An enforcement officer who has good cause to suspect that the load or part of the load on a heavy motor vehicle, or on a vehicle being towed by a heavy motor vehicle, on a road is not secured and contained in such a manner that it cannot fall or escape from the vehicle must direct the driver or person in charge of the vehicle, if necessary, that the vehicle be stopped.

    (2) The enforcement officer must also direct that—

    • (a) The vehicle be kept stopped; or

    • (b) The vehicle be moved to a place of safety approved by the officer and be kept stopped at that place—

    until the load or part of the load is secured and contained in such a manner that it cannot fall or escape from the vehicle, or is removed from the vehicle.

    Compare: 1962 No 135 s 70A

128A Enforcement officer's powers in respect of non-complying small passenger service vehicles
  • An enforcement officer who is in uniform or who produces evidence of identity as an enforcement officer may direct the driver of any small passenger service vehicle that is not in compliance with section 30B or any rule or regulation to cease making the vehicle available for hire and to remove the vehicle from any designated stand until such time as the vehicle is in compliance with the regulations or the rules.

    Compare: 1989 No 74 s 37(2)

    Section 128A: inserted, on 1 October 2007, by section 69 of the Land Transport Amendment Act 2005 (2005 No 77).

128B Enforcement officer's powers in respect of non-complying vehicle recovery service vehicles
  • Any enforcement officer who is in uniform or who produces evidence of identity as an enforcement officer may direct the driver of any vehicle recovery service vehicle that is not in compliance with any rule or regulation to cease making the vehicle available for towing or carrying until such time as the vehicle is in compliance with the rules or regulations.

    Compare: 1989 No 74 s 38(2)

    Section 128B: inserted, on 1 October 2007, by section 69 of the Land Transport Amendment Act 2005 (2005 No 77).

Dangerous goods

129 Vehicles may be inspected and directed to remain stopped for contravening dangerous goods rules
  • (1) An enforcement officer or dangerous goods enforcement officer who has good cause to suspect a breach of rules relating to the carriage of dangerous goods involving a vehicle —

    • (a) May direct the driver or person in charge of the vehicle to stop the vehicle or that the vehicle remain stopped; and

    • (b) For the purposes of this subsection, has the powers conferred by section 132.

    (2) An enforcement officer or dangerous goods enforcement officer may also direct that—

    • (a) The vehicle be kept stopped; or

    • (b) The vehicle be moved to a place of safety approved by the officer and remain stopped at that place—

    until the officer is satisfied that the breach has been rectified.

    (3) Nothing in this section limits or affects the privilege against self incrimination.

    Compare: 1962 No 135 s 70I

    Subsection (1) was amended, as from 20 July 2005, by section 103(3) Railways Act 2005 (2005 No 37) by omitting the words (other than a rail service vehicle). See sections 105 to 111 of that Act as to the transitional provisions.

130 Power to inspect railway lines
  • (1) A dangerous goods enforcement officer—

    • (a) May at any reasonable time go on, into, under, and over any premises for the purpose of inspection to determine whether or not the requirements of the rules relating to dangerous goods are being complied with in relation to a rail vehicle or a railway line; and

    • (b) For the purposes of this section, has the powers conferred by section 132.

    (2) If a dangerous goods enforcement officer has good cause to suspect that, in respect of a rail vehicle or the driver of a rail vehicle, there has been a breach of the rules, the enforcement officer may, by direction given to the driver or person in charge of the vehicle, direct that—

    • (a) The vehicle not be moved; or

    • (b) The vehicle be moved to a place of safety approved by the enforcement officer in consultation with the rail operator and kept stopped at that place—

    until the enforcement officer is satisfied that the breach has been rectified.

    (3) Nothing in subsection (2) authorises a dangerous goods enforcement officer to—

    • (a) Stop a rail vehicle in motion; or

    • (b) Direct that a vehicle not be moved if it would be unsafe or unnecessarily disruptive for the vehicle to remain in that place.

    (4) Every dangerous goods enforcement officer exercising any of the powers conferred under this section must, at the time of exercising that power, and subsequently on request, produce—

    • (a) Evidence of that person's appointment as an enforcement officer; and

    • (b) Evidence of that person's identity.

    (5) A dangerous goods enforcement officer may, if authorised (either generally or specifically) in writing for the purpose by the Director or the Commissioner, take a person or animal onto the premises to assist the officer with an inspection, and a person assisting the officer has the powers conferred on a dangerous goods enforcement officer by this section.

    (6) Nothing in this section limits or affects the privilege against self incrimination.

    Compare: 1962 No 135 s 70IA

    The heading was amended, as from 20 July 2005, by section 103(3) Railways Act 2005 (2005 No 37) by omitting the words rail service vehicles and. See sections 105 to 111 of that Act as to the transitional provisions.

    Subsections (1)(a) and (2) were amended, as from 20 July 2005, by section 103(3) Railways Act 2005 (2005 No 37) by substituting the words rail vehicle for the words rail service vehicle wherever they appear. See sections 105 to 111 of that Act as to the transitional provisions.

    Subsection (2)(b) was amended, as from 20 July 2005, by section 103(3) Railways Act 2005 (2005 No 37) by substituting the words rail operator for the words rail service operator. See sections 105 to 111 of that Act as to the transitional provisions.

    Subsection (3)(a) was amended, as from 20 July 2005, by section 103(3) Railways Act 2005 (2005 No 37) by substituting the words rail vehicle for the word train. See sections 105 to 111 of that Act as to the transitional provisions.

131 Power to inspect premises used for loading and unloading of dangerous goods
  • (1) A dangerous goods enforcement officer—

    • (a) May, at any reasonable time, go into, under, and over—

      • (i) Any premises on or at or in which the operator of a transport service vehicle loads or unloads the vehicle or a rail operator loads or unloads a rail vehicle; or

      • (ii) Any premises on or at or in which goods are loaded onto or unloaded from a transport service vehicle or a rail vehicle, or are packed with a view to being loaded onto a transport service vehicle or a rail vehicle, by a person other than the operator of the vehicle, if the dangerous goods enforcement officer has reason to believe that any of those goods may be dangerous goods—

      for the purpose of inspection to ensure that all persons involved in the transport of dangerous goods comply with the requirements of the rules and otherwise to ensure the safe transportation of dangerous goods; and

    • (b) For the purposes of this section, has the powers conferred by section 132.

    (2) A dangerous goods enforcement officer may give such reasonable directions as are necessary in relation to the loading or unloading of a vehicle or rail vehicle or the packing or unpacking of any thing to ensure compliance with the rules or otherwise to ensure safety in relation to the transportation of dangerous goods.

    (3) Every dangerous goods enforcement officer exercising any of the powers conferred under this section must, at the time of exercising that power, and thereafter on request, produce—

    • (a) Evidence of that person's appointment as an enforcement officer; and

    • (b) Evidence of that person's identity.

    (4) A dangerous goods enforcement officer may, if authorised (either generally or specifically) in writing for the purpose by the Director or the Commissioner, take a person or animal onto the premises to assist the officer with an inspection, and a person assisting the officer has the powers conferred on a dangerous goods enforcement officer by this section.

    (5) Nothing in this section limits or affects the privilege against self incrimination.

    Compare: 1962 No 135 s 70IB

    Subsection (1)(a)(i) was amended, as from 20 July 2005, by section 103(3) Railways Act 2005 (2005 No 37) by inserting the words or a rail operator loads or unloads a rail vehicle after the words unloads the vehicle. See sections 105 to 111 of that Act as to the transitional provisions.

    Subsection (1)(a)(ii) was amended, as from 20 July 2005, by section 103(3) Railways Act 2005 (2005 No 37) by inserting the words or a rail vehicle after the words transport service vehicle in both places where they appear. See sections 105 to 111 of that Act as to the transitional provisions.

    Subsection (2) was amended, as from 20 July 2005, by section 103(3) Railways Act 2005 (2005 No 37) by inserting the words or rail vehicle after the word vehicle. See sections 105 to 111 of that Act as to the transitional provisions.

132 Inspection powers concerning dangerous goods
  • For the purposes of sections 129(1), 130(1), and 131(1), any enforcement officer or dangerous goods enforcement officer, and any person assisting the officer under section 130(5) or section 131(4), may—

    • (a) Take samples of a substance; and

    • (b) Open containers or packages (including secured or sealed containers or packages) to inspect the contents; and

    • (c) Take measurements and sketches; and

    • (d) Inspect any documents or other records relating to the obligations imposed by or under the rules; and

    • (e) Require the production of any documents or information relevant to the purpose of the inspection; and

    • (f) Take copies of the documents or information or extracts from those documents or information.

    Compare: 1962 No 135 ss 70IA, 70IB

Part 10
Proceedings enforcing responsibilities

133 Owner liability for moving vehicle offences
  • (1) Proceedings for a moving vehicle offence may be taken against any 1 or more of the following persons:

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

    • (c) A 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)) the person is an individual or was the driver or person in charge of the vehicle at the time the alleged offence was committed.

    (2) In proceedings taken against a person under paragraph (b) or paragraph (c) of subsection (1), it is to be conclusively presumed that—

    • (a) The defendant was the driver or person in charge 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 or person in charge of the vehicle at that time were the acts or omissions of the defendant.

    (3) It is a defence to proceedings against a person for a moving vehicle offence if 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.

    (4) It is a defence to proceedings against a person under paragraph (b) or paragraph (c) of subsection (1) if,—

    • (a) At the time the alleged offence was committed,—

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

      • (ii) Another person was driving the vehicle; and

    • (b) Immediately after becoming aware of the alleged offence, the person 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 was driving the vehicle (as the case may be); and

    • (c) The person has given the enforcement authority a statutory declaration—

      • (i) Identifying the driver, by giving the name and address of the driver or such other particulars within the person's knowledge as may lead to the identification of the driver; or

      • (ii) Establishing that the person could not identify the driver, after taking all reasonable steps to do so.

    (5) In proceedings for a moving vehicle offence, a statutory declaration given under subsection (4) is, in the absence of proof to the contrary, sufficient evidence of the matters stated in the declaration; and it is admissible for all purposes of any proceedings under this section.

134 Strict liability for offences involving insecure loads and loads falling from vehicles
  • (1) In proceedings for an offence against section 42 (which relates to failing to secure a load),—

    • (a) It is not necessary for the prosecution to prove that the defendant knew or should have known that the load was not secured or contained in such a manner that it could not fall or escape from the vehicle:

    • (b) It is not necessary for the prosecution to allege or prove that a load did fall or escape from the vehicle:

    • (c) It is no defence that the defendant's conduct was not materially different from that of other operators of heavy motor vehicles:

    • (d) It is no defence that the defendant took some steps to ensure that the load was secured or contained unless the court is satisfied that those steps were such that no fault could be attributed to the defendant:

    • (e) It is no defence that the defendant believed that the weight or nature of the load was such that it was not necessary to secure or contain it.

    (2) Despite subsection (1), it is a defence to any proceedings for an offence against section 42 if—

    • (a) The load was secured on or contained in the vehicle; and

    • (b) A failure to ensure that the securing or containing of the load was in such a manner that it could not fall or escape from the vehicle occurred without fault on the defendant's part.

    (3) If the court is satisfied that a load has fallen or escaped from the vehicle or a vehicle being towed by the vehicle, it is to be presumed that the operator of the vehicle has not ensured that the load was secured or contained in such a manner that it could not fall or escape from the vehicle, unless the falling or escaping of the load occurred without fault on the defendant's part.

    (4) In proceedings for an offence against section 42, the court must, in determining whether or not the operator of a vehicle has been at fault, have regard to any of the following provisions if the court considers the operator was or should have been aware of them:

    • (a) Until the close of 30 June 2009, unless the provisions are sooner revoked, the provisions of any code of practice issued by the Authority (or any amendment or addition to any such code):

    • (b) The provisions of the rules.

    Compare: 1962 No 135 s 70

    Subsection (4)(a) was amended, as from 22 June 2005, by section 70 Land Transport Amendment Act 2005 (2005 No 77) by substituting the expression 2009 for the expression 2005. See sections 96 to 100 of that Act as to the transitional and savings provisions.

Commencement of proceedings

135 Offences punishable summarily
  • (1) Offences against this Act are punishable on summary conviction except where this Act otherwise provides.

    (1A) Every information for an offence against Part 6A or Part 6B must be laid by the Director or an enforcement officer.

    (1B) In the absence of proof to the contrary it is presumed that every information for an offence against Part 6A or Part 6B has been laid by a person authorised to do so under subsection (1A).

    (2) A District Court presided over by 2 or more Justices of the Peace or 1 or more Community Magistrates has jurisdiction in respect of any summary offence under Part 5 or Part 6, or under any regulations made under this Act (other than regulations relating to heavy motor vehicles), that is not punishable by imprisonment.

    Compare: 1962 No 135 s 194

    Section 135(1A): inserted, on 1 October 2007, by section 71 of the Land Transport Amendment Act 2005 (2005 No 77).

    Section 135(1B): inserted, on 1 October 2007, by section 71 of the Land Transport Amendment Act 2005 (2005 No 77).

136 Time for instituting proceedings
  • (1) In proceedings for an offence punishable on summary conviction against this Act, the court may dismiss the information if satisfied that the person charged has been prejudiced in the person's defence by any unreasonable delay in instituting the proceedings or in notifying the person of the time, place, and nature of the offence.

    (2) If a delay in instituting the proceedings has been caused by a change in the address of the defendant, the delay is not an unreasonable delay for the purposes of this section.

    (3) Section 14 of the Summary Proceedings Act 1957 does not apply to a prosecution for—

    • (a) An offence against section 32 involving driving while disqualified or contrary to the conditions of a licence or limited licence; or

    • (b) an offence against this Act concerning—

      • (i) work time under subpart 1 of Part 6B; or

      • (ii) logbooks under subpart 2 of Part 6B; or

      • (iii) the issue of installation certificates and inspection certificates for alternative fuel systems.

    Compare: 1962 No 135 s 195

    Section 136(3)(b): substituted, on 1 October 2007, by section 72 of the Land Transport Amendment Act 2005 (2005 No 77).

Certain matters not defences

137 Compliance with speed limit and certain other matters not to be defences
  • (1) It is no defence in any proceedings for an offence relating to the driving of a motor vehicle on a road, other than the offence of exceeding a speed limit, that at the time of the alleged offence the motor vehicle was being driven at a speed not exceeding the applicable speed limit.

    (2) It is no defence to a charge of manslaughter that the guilty act or omission proved against the person charged is an offence against this Act.

    Compare: 1962 No 135 s 54

Infringement offences

138 Infringement offences
  • (1) If a person is alleged to have committed an infringement offence, that person may either—

    • (a) Be proceeded against summarily for the alleged offence, unless it is an overloading offence; or

    • (b) Be served with an infringement notice as provided in section 139.

    (2) Despite anything in section 21 of the Summary Proceedings Act 1957, leave of a District Court Judge or Registrar to lay an information is not necessary where the enforcement authority proceeds with an infringement offence summarily.

    Compare: 1993 No 88 s 31

139 Issue of infringement notice
  • (1) If an enforcement officer has reasonable cause to believe an infringement offence is being or has been committed by a person, an infringement notice in respect of that offence may be issued to that person by an enforcement officer.

    (2) An infringement notice may be served—

    • (a) By attaching it, or a copy of it, to the vehicle to which the notice relates; or

    • (b) By delivering it, or a copy of it, personally to the person who appears to have committed the infringement offence; or

    • (c) By sending it, or a copy of it, by post addressed to him or her at his or her last known place of residence or business or postal address; or

    • (d) If the person is a holder of a land transport document, by serving it, or a copy of it, by post on that person at his or her last address for service provided for the purposes of that document.

    (3) For the purposes of the Summary Proceedings Act 1957,—

    • (a) An infringement notice attached to a vehicle under paragraph (a) of subsection (2) is to be treated as having been served when it is attached to the vehicle:

    • (b) An infringement notice sent to a person by post under paragraph (c) or paragraph (d) of that subsection is to be treated as having been served on the person when it would have been delivered in the ordinary course of post.

    (4) Every infringement notice must be in the prescribed form and must inform the person to whom it is issued that:

    • (a) No proceedings in respect of the infringement offence will be taken if the infringement fee (including any towage fees) is paid, within 28 days after the date of issue of the notice, to the enforcement authority at the address shown in the notice; and

    • (b) The person should write to the enforcement authority if the person wishes to—

      • (i) Raise a matter concerning the circumstances of the offence for consideration by the enforcement authority; or

      • (ii) Deny liability for the offence and request a court hearing; or

      • (iii) Admit liability for the offence, but make written submissions to the court; and

    • (c) If the person does nothing, a reminder notice explaining fully how to defend the charge and containing a statement of the person's rights will be issued to the person; and

    • (d) In the case of a moving vehicle offence, the owner of the vehicle is responsible for moving vehicle offences committed with the vehicle unless 1 of the relevant statutory defences can be established.

    (5) Different forms of infringement notices may be prescribed for different kinds of infringement offences.

    Compare: 1993 No 88 s 32

140 Reminder notices
  • (1) A reminder notice must be in the form prescribed by regulations made under this Act, and must contain—

    • (a) Such details of the alleged infringement offence as are sufficient fairly to inform a person of the time, place, and nature of the alleged offence; and

    • (b) In the case of a speeding offence, the applicable speed limit and the speed at which it is alleged the driver was travelling at the time of the alleged offence; and

    • (c) In the case of an offence to which demerit points apply, a statement that demerit points apply to the alleged offence; and

    • (d) In the case of an infringement offence (other than a speeding offence) in respect of which a scale of infringement fees is prescribed having regard to the extent of the alleged offence, the extent of the infringement offence alleged; and

    • (e) The amount of the infringement fee specified in respect of that offence; and

    • (f) The address of the place at which the infringement fee may be paid; and

    • (g) The time within which the infringement fee may be paid; and

    • (i) In the case of an alleged infringement offence that is a moving vehicle offence, a summary of the provisions of section 133; and

    • (j) A statement of the right of the person served with the notice to request a hearing; and

    • (k) A statement of the consequences if the person served with the notice does not pay the infringement fee and does not make a request for a hearing; and

    • (l) Such other particulars as are prescribed.

    (2) Different forms of reminder notices may be prescribed for different kinds of infringement offences.

    Subsection (1) was amended, as from 9 October 2006, by section 35 Summary Proceedings Amendment Act 2006 (2006 No 13) by substituting the words must be in the form prescribed by regulations made under this Act, and for the words may be in a form prescribed by regulations made under this Act or by regulations made under the Summary Proceedings Act 1957, but, if the form is prescribed under this Act, the reminder notice.

141 Provisions relating to infringement fees
  • (1) The infringement fee payable in respect of an infringement offence is the appropriate infringement fee prescribed in respect of the relevant offence by or under this Act or the Transport Act 1962.

    (2) If an infringement fee is paid to an enforcement authority other than the Police, the enforcement authority must give the Commissioner such particulars of the infringement and of the payment as the Commissioner requires.

    (3) All infringement fees received under this Act by an enforcement authority or recovered under the Summary Proceedings Act 1957 must 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.

    (3A) However, an enforcement authority that is Transit or a local authority may also retain the portion of the infringement fees received by it under this Act—

    • (a) that the Minister of Finance from time to time approves; and

    • (b) that are fees received in respect of an infringement offence in relation to the use of a special vehicle lane.

    (4) For the purposes of subsection (3), the Minister of Finance may approve the retention of different portions of different infringement fees.

    Subsection (3A) was inserted, as from 28 June 2006, by section 5 Land Transport Amendment Act (No 2) 2006 (2006 No 30). See sections 2(1) and 6(1)(b) of that Act as to the repeal of subsection (3A) on 1 July 2009. Section 6(2) of that Act provides that the repeal does not affect any proceedings commenced by a local authority or Transit, or any infringement fees collected (or to be collected) by a local authority, before that date.

Evidence

142 Evidence of driver history relating to infringement fees
  • (1) In proceedings against a 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 described in subsection (2) that has annexed to it a printout of the record referred to in that subsection is, in the absence of evidence to the contrary, sufficient evidence of the matters contained in the certificate.

    (2) The certificate referred to in subsection (1) must be to the effect that the employee or member—

    • (a) Has checked the information stored in relation to driver history on such computer system as is for the time being maintained by the Police or the Authority or the Department for Courts for the purposes of storing law enforcement information; and

    • (b) Either—

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

      • (ii) Has found a record to the effect that a court has made an order in respect of an infringement offence or a minor offence.

    Compare: 1962 No 135 s 42A(11)

143 Evidence of driver licence
  • (1) This section applies to offences alleged against paragraph (a) or paragraph (b) of section 31(1).

    (2) In proceedings against a person for an offence to which this section applies, a certificate that meets the requirements of subsection (3) and purports to be signed by a sworn or non-sworn member of the Police or an employee of the Authority is, in the absence of proof to the contrary, sufficient evidence of the matters contained in the certificate.

    (3) A certificate referred to in subsection (2) must state that the member or employee has checked the register of driver licences kept by the Authority under section 199 and—

    • (a) Has found no record showing that, on or before the date of the alleged offence, the person had ever held a driver licence; or

    • (b) Has found a record showing that the person has held a licence to drive a vehicle of the class referred to in the proceedings, and that, at the date of the alleged offence, the licence had expired; or

    • (c) Has found a record showing that, at the date of the alleged offence, the person held a licence to drive a vehicle, but not a vehicle of the class referred to in the proceedings; or

    • (d) Has found a record showing that the person held a licence to drive a vehicle, but not a vehicle of the class referred to in the proceedings, and that, at the date of the alleged offence, the licence had expired.

    Compare: 1986 No 6 s 39

144 Evidence in certain proceedings
  • (1) In proceedings for an offence against this Act relating to the driving of motor vehicles, whether by way of hearing in the first instance or by way of appeal or otherwise, the court may receive as evidence—

    • (a) An affidavit filed in the court by or on behalf of the defendant:

    • (b) Evidence adduced by or on behalf of the defendant that the court thinks fit, whether or not it would, apart from this paragraph, be legally admissible evidence.

    (2) Except by special direction of the court, subsection (1)(a) does not apply in any case where it appears to the court that the deponent's usual place of residence is less than 80 km by road from the place of hearing.

    (3) A copy of the Gazette containing an appointment, warrant, order, or other act of authority made under this Act is evidence in all courts that the appointment, warrant, order, or other act has been duly made or performed under the authority of this Act.

    Compare: 1962 No 135 s 196; 1986 No 6 s 51

145 Evidence of approved vehicle surveillance equipment
  • (1) In proceedings for a moving vehicle offence, an image produced by means of an exposure taken by approved vehicle surveillance equipment and showing or recording a motor vehicle on a road, the speed of the vehicle, the location of the vehicle, the colour or form of a traffic control device, the fact that a toll has not been paid in respect of the vehicle, and the date and time when the image was taken, or showing or recording any of those things, is, in the absence of proof to the contrary, sufficient evidence of that fact or event.

    (2) The production in proceedings for a moving vehicle offence of an image purporting to be an image referred to in subsection (1) is, in the absence of proof to the contrary, sufficient evidence that the image was produced by means of an exposure taken by approved vehicle surveillance equipment.

    Compare: 1962 No 135 s 42

    Subsection (1) was amended, as from 13 November 2003, by section 90 Land Transport Management Act 2003 (2003 No 118) by inserting the words the fact that a toll has not been paid in respect of the vehicle, after the words traffic control device,. See sections 108 and 109 of that Act as to the savings provisions relating to regional land transport strategies.

145A Evidence and proof
  • In any proceedings for an offence against Part 6A,—

    • (a) if it is proved that passengers or goods were carried in or on any motor vehicle, the passengers or goods are deemed to have been carried in such a manner as to bring the motor vehicle under the requirements of this Act unless the defendant satisfies the court to the contrary:

    • (b) evidence of the contents of the register maintained under section 199A may be given by a certificate signed by the Director or any officer of the Authority authorised for that purpose by the Director; and every such certificate is sufficient evidence of the matters stated in it, until the contrary is proved:

    • (c) the production of a certificate signed by the Director or by an officer of the Authority authorised for that purpose by the Director to the effect that on a specified date a person was or was not the holder of any transport service licence or any specified type of transport service licence is sufficient evidence of the matter certified, until the contrary is proved:

    • (d) it is to be presumed that every certificate purporting to have been certified or given under this section has been certified or given by the Director or by an officer of the Authority authorised by the Director to certify documents or give certificates under this section, until the contrary is proved.

    Compare: 1989 No 74 s 63

    Section 145A: inserted, on 1 October 2007, by section 73 of the Land Transport Amendment Act 2005 (2005 No 77).

146 Evidence of testing and accuracy of speed-measuring devices, etc
  • (1) In proceedings for a speeding offence against any bylaws or enactment, any other offence against this Act, or an offence against the Road User Charges Act 1977, the production of a certificate (or a document purporting to be a copy of the certificate) purporting to be signed by a sworn or non-sworn member of the Police authorised for the purpose by the Commissioner or by a person authorised for the purpose by the Director, as to the testing and accuracy of any equipment or device to which this section applies that is referred to in the certificate, is, in the absence of proof to the contrary, sufficient proof that the equipment or device referred to was tested on the date specified in the certificate and was accurate on the date of the alleged offence.

    (2) Every document purporting to be a copy of a certificate issued under this section is, in the absence of proof to the contrary, to be presumed to be a true copy.

    (3) Every certificate issued under this section is, in the absence of proof to the contrary, to be presumed to have been signed by a person duly authorised to sign it; and it is not necessary for any such certificate to show on its face that the person signing it was so authorised.

    (4) This section applies to distance-measuring devices, speed-measuring devices, approved vehicle surveillance equipment, and tuning forks used to check such devices or equipment.

    (5) The fact that any equipment or device to which this section applies was tested before or after the date of the alleged offence does not of itself affect the validity of any certificate given under this section in relation to the testing of that equipment or device. However, any testing must not be more than 12 months before the date of the alleged offence.

    (6) In any proceedings where a certificate has been produced under this section, the court may, on application made not less than 14 days before the hearing of the charge concerned, and if satisfied that there is good cause to do so, set aside the certificate and require the accuracy of the equipment or device to be established by evidence other than the certificate.

    Compare: 1962 No 135 s 197

    Subsection (1) was amended, as from 19 December 2001, by section 11 Land Transport (Road Safety Enforcement) Amendment Act 2001 (2001 No 104) by substituting the words a speeding offence against any bylaws or enactment, any other offence against this Act, or an offence against the Road User Charges Act 1977 for the words an offence against this Act. See section 15 of that Act for savings provisions relating to certificates of accuracy.

    Subsection (1) was amended, as from 22 June 2005, by section 74 Land Transport Amendment Act 2005 (2005 No 77) by substituting the word proof for the word evidence. See sections 96 to 100 of that Act as to the transitional and savings provisions.

147 Evidence of accuracy of weighing devices and sites
  • (1) In proceedings for an offence against this Act or an offence against the Road User Charges Act 1977, the production of a certificate (or a document purporting to be a copy of a certificate) purporting to be signed by a sworn or non-sworn member of the Police authorised by the Commissioner in that behalf (either generally or in a particular case) to the effect described in subsection (2) is, in the absence of evidence to the contrary, sufficient evidence that the device or site to which the certificate relates has been tested and was accurate on the date of the alleged offence.

    (2) A certificate referred to in subsection (1) may be to the effect that,—

    • (a) On a specified date, being a date not more than 12 months earlier than the date of the alleged offence, a weighing device referred to in the certificate was tested and found to be accurate by—

      • (i) An Inspector of Weights and Measures; or

      • (iii) An employee of a laboratory for the time being approved for the purpose by the Science Minister, by notice in the Gazette; or

      • (iv) Any other person who is approved for the purpose by the Minister, by notice in the Gazette; or

    • (b) On a specified date, being a date not more than 5 years earlier than the date of the alleged offence, a site referred to in the certificate was tested or surveyed, and found to be accurate, by—

      • (i) An employee of the Authority; or

      • (ii) A sworn or non-sworn member of the Police; or

      • (iii) An employee or contractor of a laboratory for the time being approved for the purpose by the Science Minister, by notice in the Gazette.

    (3) A notice given by the Science Minister or the Minister in the Gazette for the purposes of subsection (2) may be in like manner amended or revoked at any time.

    (4) A certificate issued under subsection (1) sufficiently identifies the weighing device to which it refers if (in the case of a portable wheel weigher) it contains the serial number of the wheel weigher or if (in the case of a weighbridge or site) it refers to the location of the weighbridge or site.

    (5) Every document purporting to be a copy of a certificate issued under this section is, in the absence of evidence to the contrary, to be presumed to be a true copy.

    (6) Every certificate issued under this section is, in the absence of evidence to the contrary, to be presumed to have been signed by a person duly authorised to sign it; and it is not necessary for any such certificate to show on its face that the person signing it was so authorised.

    (7) In proceedings for an offence against this Act or an offence against the Road User Charges Act 1977, evidence that—

    • (a) A weighing device bore the stamp of a mark of verification under the Weights and Measures Act 1987 indicating that the weighing device had been so stamped; or

    • (b) At the time of the alleged offence, there was in force in respect of a weighing device a certificate of accuracy issued under the Weights and Measures Act 1987

    is, in the absence of evidence to the contrary, sufficient evidence that the weighing device was accurate on the date of the alleged offence.

    Compare: 1962 No 135 s 197

    Subsection (1) and (7) were amended, as from 19 December 2001, by section 12 Land Transport (Road Safety Enforcement) Amendment Act 2001 (2001 No 104) by substituting the words by inserting after the words an offence against this Act, the words or an offence against the Road User Charges Act 1977. See section 15 of that Act for savings provisions relating to certificates of accuracy.

148 Presumptions relating to axle weights and dangerous goods
  • (1) This section applies in proceedings for an offence against section 43(1) (which relates to overloading offences) where the gross weight of the motor vehicle or the weight on an axle or group of axles or the total number of axles of the motor vehicle is measured at some place other than the place where the overloading offence is alleged to have been committed.

    (2) If subsection (1) applies, it is to be presumed, in the absence of evidence to the contrary, that the gross weight of the motor vehicle or (as the case may be) the weight on that axle or group of axles or the total number of axles, at the time when and the place where the offence is alleged to have been committed, was the same as the gross weight or (as the case may be) the weight on that axle or group of axles or the total number of axles, as ascertained at the time when and the place where that weight was measured.

    (3) In any proceedings for an offence against this Act concerning the carriage of dangerous goods, it is to be presumed, in the absence of evidence to the contrary, that,—

    • (a) If any marks, labels, or placards on the vehicle or rail vehicle or the load indicated the presence of dangerous goods or other material or food or food containers, then such dangerous goods or other material or food or food containers were present on the vehicle or rail vehicle or in the load, and were—

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