Reprint as at 22 July 2015

Coat of Arms of New Zealand

Land Transport Act 1998

Public Act
 
1998 No 110
Date of assent
 
8 December 1998
Commencement
 
see section 1
Note

Changes authorised by subpart 2 of Part 2 of the Legislation Act 2012 have been made in this official reprint.

Note 4 at the end of this reprint provides a list of the amendments incorporated.

This Act is administered by the Ministry of Transport.

Contents

Title
1Short Title and commencement
2Interpretation
3Act to bind the Crown
4General requirements for participants in land transport system
5Drivers to be licensed
6Vehicles to be safe and operated in compliance with rules
7Drivers not to be reckless or dangerous
8Drivers not to be careless or inconsiderate
9Loads transported by vehicles to be secured
10Road users and others to comply with ordinary rules and emergency rules
11Drivers not to exceed specified alcohol limits
11APersons may not drive or attempt to drive while impaired and their blood contains evidence of use of qualifying drug
12Persons not to drive while under influence of alcohol or drugs
13Drivers and other road users to comply with directions of enforcement officers, etc
14False or misleading information not to be given
15Persons not to impersonate enforcement officers
16Heavy motor vehicles not to be overloaded
16ARestriction of heavy traffic on roads
16BInterference with operation of speed measuring devices
17Distance recorders not to be altered
18Doctors and optometrists to give Agency medical reports of persons unfit to drive
19Licences of certain persons subject to Mental Health (Compulsory Assessment and Treatment) Act 1992 to be suspended
20Traffic surveys not to be conducted unless approved by Agency
21Enforcement officers to ameliorate hazards
22Driver’s duties where accident occurs
22APersons not to engage in unauthorised street or drag racing, or other related prohibited activities on roads
22ABRoad controlling authorities may make certain bylaws
22ACMinister may amend, replace, or disallow bylaws
22ADConsultation
22AEPublication and proof of bylaws
22AFWarning notices
22BOperators of traction engines to hold appropriate current qualification
22CTraction engine to be safe and operated in compliance with regulations and rules
23Issue of driver licences
24Agency may issue temporary driver licences
24AAuthorised persons may request driver licences for certain persons
25Minimum age for driver licensing
26Drivers may be tested and examined
27Suspension and revocation of licences
28Photographic driver licence
28ATransitional provisions for photographic driver licences
29Certain driver licences have no effect
29APersons convicted of specified serious offences prohibited from holding passenger endorsement
29BPassenger endorsement may be reinstated in certain cases
30Driver licences are property of Agency and are to be surrendered in certain circumstances
30ARequirements for vehicles
30BProvision of identification information in Braille
30CGeneral safety criteria
30DAdditional criteria for small passenger service vehicles and vehicle recovery service
30EAdditional criteria for large passenger service vehicles
30FAdditional criteria for goods service
30GAgency may require information for fit and proper person assessment
30HAgency’s duties concerning prejudicial information
30INon-disclosure by Agency of information for safety reasons
30JTransport service operators may not carry on certain transport services unless licensed to do so
30KApplication for transport service licence
30LGrant of licence
30MConditions of transport service licences
30NTransfer, assignment, or lease of transport service licence prohibited
30OTerm of transport service licence
30PAgency may grant applications for approved taxi organisations
30QCircumstances in which Agency must grant applications for approved taxi organisations
30RAgency may revoke approval
30SWhen Agency may revoke transport service licence
30TProcedure Agency must follow before revoking transport service licence
30USuspension of transport service licence
30VInterpretation
30WAgency to notify proposal to make adverse decision
30XProcedure for consideration of information
30YAgency’s determination
30ZApplication of Part
30ZAAgency may grant exemptions or approve alternative fatigue management schemes
30ZBApplication of subpart
30ZCLimits on work time
30ZDRecords must be kept
30ZEApplication of subpart
30ZFDrivers must maintain logbooks
30ZGAgency may approve or revoke alternative means of recording matters
30ZHDuties regarding logbooks
30ZIEvidence in proceedings for offences against subpart 1 or subpart 2
31Contravention of sections 5(1)(a), 5(1)(b), 5(4), 30(2), 30(3), or 30(4A)
32Contravention of section 5(1)(c)
33Contravention of section 5(2) or (3)
33AOffence to operate as driving instructor without authorisation
34Contravention of section 6
35Contravention of section 7, or section 22 where no injury or death involved
36Contravention of section 7 or section 22 involving injury
36AAContravention of section 7 by causing death of another person
36AContravention of section 22A
36ABContravention of sections 7 and 114
36BContravention of section 22B or section 22C
37Contravention of section 8
38Contravention of section 8 causing injury or death
39Aggravated careless use of vehicle causing injury or death
40Contravention of ordinary rules
41Contravention of emergency rules
42Failure to secure load
43Overloading offences
43ACourts may impose appropriate fines for infringement offences that are not overloading offences
44Contravention of section 14
45Contravention of section 17
46Contravention of section 20
47Contravention of section 22(2), (3), (4), or (5)
48Contravention of section 92(4)
49Contravention of section 97(5) or (6)
50Contravention of section 117(2)
51Contravention of section 198(4)
52Contravening notices, requirements, etc, given or imposed by enforcement officers
53Obstruction of enforcement officer or dangerous goods enforcement officer
54Personation of enforcement officer
55Tampering with vehicle surveillance equipment
55AOffences concerning alcohol interlock devices
56Contravention of specified breath or blood-alcohol limit
57Contravention of specified breath or blood-alcohol limit by person younger than 20
57AAContravention of specified breath or blood alcohol limit by holder of alcohol interlock licence or zero alcohol licence
57ADriving while impaired and with blood that contains evidence of use of qualifying drug
58Contravention of section 12
59Failure or refusal to remain at specified place or to accompany enforcement officer
60Failure or refusal to permit blood specimen to be taken or to undergo compulsory impairment test
61Person in charge of motor vehicle causing injury or death
62Causing injury or death in circumstances to which section 61 does not apply
63Further penalty in certain cases where person driving vehicle used in transport service
64Defences
65Mandatory penalties for repeat offences involving use of alcohol or drugs
65AAlcohol interlock requirements for repeat offences or certain first time offences involving use of alcohol
65BMandatory zero alcohol requirements for repeat offences involving use of alcohol
[Repealed]
66Names of drivers convicted of alcohol or drug-related offences may not be suppressed [Repealed]
67Blood test fee
68Who must undergo breath screening test
69Who must undergo evidential breath test
70Person may be required to undergo further evidential breath test if initial test fails to produce result
70ARight to elect blood test
71Meaning of apparently younger than 20
71ARequirement to undergo compulsory impairment test
72Who must give blood specimen at places other than hospital or surgery
73Who must give blood specimen in hospital or surgery
73AEvidence of controlled drug in blood sample taken under section 72 or 73 may not be used as evidence of use of controlled drugs in prosecutions under Misuse of Drugs Act 1975
74Procedure for dealing with blood specimens
75Certificates in blood-alcohol proceedings
75ACertificates of compliance for evidential breath-testing devices
76Presumptions relating to blood specimens
77Presumptions relating to alcohol-testing
78Presumptions as to age of driver
79Circumstances in which certificate not admissible in proceedings
79AOffence to carry on transport service without licence
79BProvision of incorrect information
79CFailure to present vehicle for inspection
79DContravention of section 30K
79ELiability of persons who use unlicensed transport service
79FContravention of section 30M
79GContravention of section 87G
79HContravention of section 128A
79IContravention of section 128B
79JLiability of employers and principal
79KLiability of directors of bodies corporate
79LCourt may require convicted transport service licence holder to sit examination
79MPenalties for failure to pay passenger service fares
79NFailure to keep or produce records or comply with conditions of exemption or approval
79OFailure to comply with prescribed work time restrictions or rest time requirements
79PDefences to work time offences
79PAMatters to be taken into account in imposing penalty for offence against section 79O
79QFailure to discharge duties regarding logbooks
79ROffences and proceedings concerning logbooks
79SDefences to logbook offences
79TOffence to cause or require driver to breach speed limits, maximum work time, or rest time requirements
79UOffence to cause or require driver to breach maximum gross weight limits
79VSearch warrants in relation to offences against section 79T or 79U
80General penalty of disqualification may be imposed if offence involves road safety
81Provisions relating to mandatory disqualification
82Effect of disqualification
82AApplication for reinstatement if suspended for any period (other than under section 95), or disqualified for period not exceeding 12 months
82BTransitional provision concerning application of section 82A
82CApplication for reinstatement following expiry of alcohol interlock licence or zero alcohol licence
83Holder to undergo approved tests or courses if disqualified for more than 1 year
84New licence to be issued if disqualified driver qualifies for specified vehicle classes
85When disqualification starts
86Term of disqualification if person already disqualified
87Particulars of certain court orders to be sent to Agency and offender
87ADisqualification of transport service driver
87BDisqualification of holder of transport service licence from holding transport service licence
87CProcedure for disqualifying person under section 87A or section 87B
87DImmediate suspension of transport service driver and other persons in interests of public safety
87EProcedure for suspending persons under section 87D
87FTerm of suspension
87GEffect of disqualification or suspension of transport service driver and other persons
88Demerit points to be recorded by Agency
89Notice of demerit points
90Suspension of licence or disqualification from driving under demerit points system
91Cancellation and reinstatement of demerit points
91AInterpretation
91BWays in which warning notice or driver licence stop order must be served
91CLiability to driver licence stop order
91DWarning notice to be served on defendant
91EImposition of driver licence stop order
91FEffect of driver licence stop order
91GCancellation of driver licence stop order
91HTermination of driver licence stop order if traffic fine paid or resolved
92Compulsory attendance at driving improvement course or dangerous goods course
93Court may order compulsory driving test
94Substitution of community-based sentences
95Mandatory 28-day suspension of driver licence in certain circumstances
95AExtension of 28-day suspension period of driver licence under section 95
96Vehicle seized and impounded for 28 days in certain circumstances
96AImpoundment of vehicle used in transport service
97Storage of impounded vehicles
98Release of vehicle after 28 days
98ACommissioner may prohibit sale or disposal of certain motor vehicles
98BAppeal of notice to District Court
99Court may reduce disqualification
99AAgency may approve programmes
100Agency to remove certain disqualifications
100AAgency to remove alcohol interlock requirements
101Appeal to Agency against mandatory suspension of driver licence
102Appeal to Police against impoundment of vehicle
103Persons who may apply to court for limited licence
104Issue of limited licence to be delayed or prohibited in certain cases
105Court may make order authorising grant of limited licence
106General right of appeal to District Court
107Appeals against court orders relating to disqualification or grant of limited licence, and deferral of disqualification
108Appeal against Agency’s refusal to remove disqualification
109Appeal against refusal of Agency to remove suspension of driver licence
110Appeal against refusal of Police to direct release of impounded vehicle
111Procedure
111AAppeal to High Court on question of law
111BFurther appeal to Court of Appeal
112Effect of appeal on demerit points
113Enforcement officers may enforce transport legislation
113APower to inspect records
114Power to require driver to stop and give name and address, etc
115Enforcement officers may give directions prohibiting driving of vehicles
116Enforcement of directions
117Moved vehicle not to be damaged and to be returned to person entitled to possession
118Owner or hirer or licence holder to give information as to identity of driver or passenger
119Powers of entry
120Arrest of persons for alcohol or drug-related offences, or assault on enforcement officer
121Enforcement officer may immobilise vehicle, etc, in specified circumstances
121AEnforcement officer may give directions or immobilise vehicle if driver breaches certain licence conditions
122Enforcement officer may seize and impound vehicle for up to 12 hours in emergency
123Enforcement officer may seize and impound vehicle for up to 7 days where serious accident or hit and run offence or for failure to stop
124Inspection of vehicles required to have evidence of vehicle inspection and certificate of loading
125Stopping, inspection, and weighing of heavy vehicles and certain transport service vehicles
126Off-loading of overweight vehicle
127Protection against claims resulting from action under section 125 or section 126
128Enforcement officer to order heavy vehicle to stop until load secured
128AEnforcement officer’s powers in respect of non-complying small passenger service vehicles
128BEnforcement officer’s powers in respect of non-complying vehicle recovery service vehicles
128CEnforcement officer’s powers in respect of certain motor vehicles subject to service inspection and certification requirements
128DAppointment of parking wardens
128EPowers of parking wardens
129Vehicles may be inspected and directed to remain stopped for contravening dangerous goods rules
130Power to inspect railway lines
131Power to inspect premises used for loading and unloading of dangerous goods
132Inspection powers concerning dangerous goods
133Owner liability for moving vehicle offences and special vehicle lane offences
133AOwner liability for stationary vehicle offences
134Strict liability for offences involving insecure loads and loads falling from vehicles
135Commencing proceedings, and jurisdiction, for offences
136Time for instituting proceedings
137Compliance with speed limit and certain other matters not to be defences
138Infringement offences
139Issue of infringement notice
139ATowage fees if parking offences prosecuted
140Contents of infringement and reminder notices
141Provisions relating to infringement fees
142Evidence of driver history relating to infringement fees
143Evidence of driver licence
144Evidence in certain proceedings
145Evidence of approved vehicle surveillance equipment
145AEvidence and proof
146Evidence of testing and accuracy of speed-measuring devices, etc
147Evidence of accuracy of weighing devices and sites
148Presumptions relating to axle weights and dangerous goods
149Admissibility of certain statements by drivers of certain vehicles
150Evidence of certain documents
151Evidence of rules
152Power of Minister to make ordinary rules
152AGovernor-General may make ordinary rules
153Rules concerning road user behaviour
154Rules concerning driver licensing
155Rules concerning vehicles
156Rules concerning dangerous goods
157Rules concerning roads
158Rules concerning licensing, standard-setting, etc
159Rules concerning land transport documents
160Other provisions concerning ordinary rules
161Procedure concerning ordinary rules
162Agency may make emergency rules
163Procedure for making emergency rules
164Matters to have regard to when making or recommending rules
165Incorporation by reference
166Agency may grant exemptions
167Regulations
168Regulations relating to fees and charges for land transport
168AAgency may declare that vehicle is mobility device or is not motor vehicle
168BOrder in Council for certain land transport revenue [Repealed]
168CPiloting fees
169Objectives of Minister
169AFunctions of Minister
[Repealed]
170National land transport strategy [Repealed]
171Procedure for completing national land transport strategy [Repealed]
172Currency of national land transport strategy [Repealed]
173Amendment or revocation of national land transport strategy [Repealed]
174Effect of national land transport strategy [Repealed]
175Regional land transport strategies [Repealed]
176Currency of regional land transport strategies [Repealed]
177Copies of regional land transport strategy to be made available to certain persons [Repealed]
178Regional land transport committees [Repealed]
179Consultation requirements for preparation of regional land transport strategies [Repealed]
180Regional councils to consider contracting out functions under this Act [Repealed]
181Effect of regional land transport strategies [Repealed]
182Annual reports on regional land transport strategy [Repealed]
183Certain territorial authorities to prepare land transport strategy [Repealed]
184Land Transport Safety Authority of New Zealand continued [Repealed]
185Authority to be Crown entity [Repealed]
186Director of Land Transport [Repealed]
187Acting Director [Repealed]
188Use of words Land Transport Safety Authority [Repealed]
[Repealed]
189Principal objective of Authority [Repealed]
190Functions of Authority [Repealed]
191Authority to comply with policy directions [Repealed]
192Performance agreement [Repealed]
193Minister may determine content of agreement or amendment [Repealed]
194Amendment of agreement [Repealed]
195Service charter [Repealed]
[Repealed]
196Authority to have powers of natural person [Repealed]
197Functions and powers of Director [Repealed]
198Inspections and audits
199Agency to maintain register of driver licences
199ARegister of transport service licences
200Restrictions on access to photographic images of driver licence holders
[Repealed]
201Authority to consider delegating or contracting out of functions and powers [Repealed]
202Authority may arrange for services to be provided by outside agencies [Repealed]
203Authority may delegate functions or powers to employees [Repealed]
204Director may delegate functions or powers to employees of Authority [Repealed]
205Director may delegate functions or powers to persons outside Authority [Repealed]
206General provisions concerning delegations under sections 204 and 205 [Repealed]
207Delegation of Minister’s functions or powers to Agency
208Appointment of enforcement officers and dangerous goods enforcement officers
209Taking of blood specimens for statistical or research purposes
209AAExpiry and repeal of section 209(2A) to (2C)
209AAnalysing blood specimens for statistical or research purposes related to use of drugs or alcohol
210Service of notices
211Commissioner to provide traffic accident reports
211APayment of fees
212Agency to pay sum to assessment centres
213Customs control over imported vehicles
213APublic right of way at level crossings
214Repeals
215Amendments to other enactments
216Transitional regulations
217Expiry of section 216 [Repealed]
218Regulations and other enactments having effect under this Act
219Expiry of section 218 [Repealed]
220Rules having effect under this Act
221Appointments
222Saving of certain land transport documents
223Transfer provisions for certain employees of Agency
224Saving of certain notices issued by enforcement officers
224ASaving of certain directions given by parking wardens
224BSavings of bylaws made under certain Acts
225Savings relating to court orders, proceedings, etc
226Saving of notices suspending driver licences
227Saving of demerit points
228Saving of certain applications under Transport Act 1962
229Savings relating to rules and land transport strategies
230Savings relating to functions of Agency
231Savings relating to blood specimens taken under Transport Act 1962
232Savings relating to blood specimens taken under this Act and posted in accordance with Transport Act 1962
233Interpretation matters applying to this Part
234Register of motor vehicles
235Purposes of register
236Application for information from register
237Entitlement to receive information
238Registrar may confirm or deny match of information
239Further restrictions
240Complaints procedure
241Authorised access to name and address only
242Motor vehicles must be registered and licensed
243Application for registration
244Application for, and issuing of, licence
245Commencement of licence
246Change of use of motor vehicle
247Obligations of sellers and acquirers of motor vehicles
248Prohibition against use of motor vehicle
249Circumstances when motor vehicle may be seized and impounded
250Personal property
251Storage of impounded motor vehicles
252Release of motor vehicle
253Disposal of motor vehicle
254Impounded motor vehicle not to be damaged
255Cancellation of registration
256Discretion to refund fees
257Issue of plates and certificates of registration
258Supplementary plates
259Contract to dispose of rights to personalised plates
260Acquisition and disposal of personalised plates
261Eligibility for trade plates
262Application for trade plates
263Transitional provision for existing registration plates
264Replacement of certificate of registration, licence, or registration plates
265Surrender and seizure of registration plates and facsimile plates
266Registrar may prohibit or decline to issue plates
267Appeal to District Court
268Infringement offences
269Regulations
269AAdditional fee for certain RUC vehicles
270Fees and charges identified as land transport revenue
271Appointment of Registrar
272Delegations
273Authorisations by Registrar
274Land transport revenue to be paid into national land transport fund
275Other prescribed fees received under this Part
[Repealed]
Reprint notes

An Act—

(a)

to promote safe road user behaviour and vehicle safety; and

(b)

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

(c)

to consolidate and amend various enactments relating to road safety and land transport; and

(d)

to enable New Zealand to implement international agreements relating to road safety and land transport