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

  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

  Court means a District Court

  cumulative work day

  cumulative work period

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

  goods service

  goods service licence

  goods service vehicle

  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) 

  • (c) An infringement offence specified in Schedule 2 of the Transport Act 1962:

  • (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):

  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.

  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—

  • (a) Registers kept under this Act, the Railways Act 2005, or the Transport Services Licensing Act 1989; and

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

  Land Transport Register: 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.

  large passenger service vehicle

  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:

  • (b) In relation to a vehicle, licensed under Part 1 of the Transport (Vehicle and Driver Registration and Licensing) Act 1986:

  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, or of a type, approved under the Transport Act 1962 or under rules made under this Act

  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

  • (c) Any offence against regulations made under this Act or the Transport (Vehicle and Driver Registration and Licensing) Act 1986, or against the Transport Act 1962 or any regulations or bylaws made under that Act, that is declared by regulations under this Act to be a moving vehicle offence for the purposes of this definition; 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

  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, passenger service licence, and passenger service vehicle have the same meanings as in section 2(1) of the Transport Services Licensing Act 1989

  passenger service

  passenger service licence

  passenger service vehicle

  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 and rental service vehicle have the same meanings as they have in section 2(1) of the Transport Services Licensing Act 1989

  rental service

  rental service licence

  rental service vehicle

  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

  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

  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

  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

  taxi service

  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

  • (b) is not a rail service vehicle within the meaning of section 2(1) of the Transport Services Licensing Act 1989; 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, transport service licence, and transport service vehicle have the same meanings as they have in section 2(1) of the Transport Services Licensing Act 1989

  transport service

  transport service driver

  transport service licence

  transport service operator

  transport service vehicle

  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, vehicle recovery service licence, and vehicle recovery service vehicle have the same meanings as they have in section 2(1) of the Transport Services Licensing Act 1989

  vehicle recovery service

  vehicle recovery service licence

  vehicle recovery service vehicle

  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

  (1A) 

  (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

  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.

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 the provisions of section 24 of the Transport Services Licensing Act 1989, 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.

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.

10 Road users and others to comply with ordinary rules and emergency rules

• A person must comply with the rules.

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.

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”.

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—

  • (a) A person to whom subsection (1) applies is, under any of sections 31, 50, and 52 of the Mental Health (Compulsory Assessment and Treatment) Act 1992, permitted to be absent on leave from a hospital under that Act; and

  • (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).

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.

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)(a), 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).

  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.

  (4) A person who receives a driver licence under subsection (3) 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.

  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.

30Z Application of Part

30ZA Director may grant exemptions or approve alternative fatigue management schemes

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:

    • (ii) in any other case, drives while accompanied by a person who holds a driving instructor or testing officer endorsement under Part 5 of the Land Transport (Driver Licensing) Rule 1999.

  (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.

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)

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

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.

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, 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, 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.

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)

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

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”.

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.

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

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)

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.