Part 9 Enforcement of responsibilities

General enforcement powers

113 Enforcement officers may enforce transport legislation

(1)

An enforcement officer in uniform or in possession of a warrant or other evidence of his or her authority as an enforcement officer may enforce the provisions of—

(b)

regulations and rules and bylaws in force under any Acts mentioned in paragraph (a).

(2)

Without limiting any other powers conferred on an enforcement officer, an enforcement officer, in enforcing any provisions referred to in subsection (1), may at any time—

(a)

direct a person on a road (whether or not in charge of a vehicle) to give the person’s full name, full address, date of birth, occupation, and telephone number, or such of those particulars as the enforcement officer may specify, and give any other particulars required as to the person’s identity, and (unless the person is for the time being detained or under arrest under any enactment) give such information as is within the person’s knowledge and as may lead to the identification of the driver or person in charge of a vehicle:

(b)

inspect, test, and examine—

(i)

the brakes or any other part of a vehicle on a road or any associated equipment; or

(ii)

a land transport document, or a document resembling a land transport document, displayed or carried on the vehicle:

(c)

if the enforcement officer believes on reasonable grounds that a vehicle on a road causes an obstruction in the road or to a vehicle entrance to any property or that the removal of the vehicle is desirable in the interests of road safety or for the convenience or in the interests of the public,—

(i)

enter, or authorise another person to enter, the vehicle for the purpose of moving it or preparing it for movement; and

(ii)

move, or authorise another person to move, the vehicle to a place where it does not constitute a traffic hazard:

(d)

direct the driver or person in charge of a vehicle on a road to remove the vehicle from the road or a specified part of a road, if the officer believes on reasonable grounds that it causes an obstruction in the road or to a vehicle entrance to any property or its removal is desirable in the interests of road safety or for the convenience or in the interests of the public:

(e)

forbid an unlicensed driver to drive a motor vehicle:

(f)

forbid a person who is operating a transport service without a licence to operate that transport service.

(3)

An enforcement officer in uniform or wearing a distinctive cap, hat, or helmet, with a badge of authority affixed to it, who is for the time being engaged in the regulation of traffic on a road, may—

(a)

direct a person using a vehicle or riding or driving an animal on the road to stop the vehicle or animal, as the case may be, or to cause it to proceed in or keep to a particular line of traffic or direction:

(b)

direct a pedestrian not to proceed across the road in contravention of a direction to stop given by the enforcement officer (whether given to pedestrians or to pedestrians and other traffic).

(4)

In paragraphs (c) and (d) of subsection (2), road includes any land vested in or under the control of the Crown or any local authority.

Compare: 1962 No 135 s 68B

Section 113(1)(a): amended, on 13 June 2013, by section 72 of the Land Transport Management Amendment Act 2013 (2013 No 35).

Section 113(1)(a): amended, on 1 August 2012, by section 94 of the Road User Charges Act 2012 (2012 No 1).

Section 113(1)(a): amended, on 10 May 2011, by section 67 of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).

Section 113(1)(a): amended, on 1 May 2011, by section 35(1) of the Land Transport Amendment Act 2009 (2009 No 17).

Section 113(1)(a): amended, on 1 January 2009, by section 63(2) of the Public Transport Management Act 2008 (2008 No 87).

Section 113(1)(a): amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

Section 113(1)(a): amended, on 20 July 2005, by section 103(3) of the Railways Act 2005 (2005 No 37).

Section 113(1)(a): amended, on 13 November 2003, by section 90 of the Land Transport Management Act 2003 (2003 No 118).

Section 113(1)(a): amended, on 1 July 2003, by section 262 of the Local Government Act 2002 (2002 No 84).

Section 113(2)(a): amended, on 1 December 2009, by section 29 of the Land Transport (Enforcement Powers) Amendment Act 2009 (2009 No 36).

Section 113(2)(f): added, on 1 October 2007, by section 62 of the Land Transport Amendment Act 2005 (2005 No 77).