115 Enforcement officers may give directions prohibiting driving of vehicles

(1)

An enforcement officer who believes on reasonable grounds that a vehicle does not comply with the regulations or the rules or a particular requirement of the regulations or the rules, may—

(a)

affix or cause to be affixed to the vehicle a notice in the form approved by the Minister by notice in the Gazette directing that the vehicle must not be driven on a road; and

(b)

give the driver or owner of the vehicle a notice in a form approved by the Minister by notice in the Gazette directing that the vehicle must not be driven on a road.

(2)

A notice given under subsection (1) continues in force until the vehicle—

(a)

has been inspected by a person authorised by the Agency; and

(b)

the person is satisfied that the vehicle has been made to comply with the regulations and the rules or with the particular requirement of the regulations or the rules; and

(c)

new evidence of vehicle inspection has been issued for the vehicle by a person authorised by the Agency and is displayed on that vehicle.

(2A)

Despite subsection (2), the enforcement officer may specify that the notice in subsection (1) continues in force until—

(a)

the vehicle has been made to comply with the regulations and the rules or with the particular requirement of the regulations or the rules; and

(b)

the enforcement officer has been notified in writing that the vehicle complies with the regulations and the rules or with the particular requirement of the regulations or the rules.

(3)

An enforcement officer who believes on reasonable grounds that a vehicle on a road is not in a safe condition to be driven on the road, may—

(a)

affix or cause to be affixed to the vehicle a notice to that effect in a form approved by the Minister by notice in the Gazette; and

(b)

give the driver or owner of the vehicle a notice in a form approved by the Agency by notice in the Gazette stating that the vehicle must be removed from the road and may not be driven on a road until—

(i)

it has been inspected by a person authorised by the Agency; and

(ii)

the person is satisfied that the vehicle is in a safe condition for driving on the road; and

(iii)

new evidence of vehicle inspection has been issued for the vehicle by a person authorised by the Agency and is displayed on that vehicle.

(3A)

When issuing a notice under subsection (3), an enforcement officer may direct the driver or owner of the vehicle to comply with any applicable requirements with respect to the noise emitted by the vehicle’s exhaust system if the enforcement officer believes on reasonable grounds that the vehicle does not comply with those requirements.

(3B)

If a vehicle is subject to a direction under subsection (1) or (3) on the grounds that the vehicle’s exhaust system exceeds any prescribed noise or decibel limits, the vehicle’s exhaust system must, before new evidence of vehicle inspection may be issued, be certified as complying with the relevant limits in accordance with any prescribed testing and certification procedure.

(4)

A notice under subsection (1) may include a condition to the effect that the vehicle may continue to be driven to reach a specified place for repair or may continue to be driven for a given time or under limitations as to speed or route or otherwise.

(5)

A notice under subsection (3) may include a condition to the effect that the vehicle may continue to be driven to reach a specified place for repair.

(6)

A notice given by the Minister in the Gazette for any purpose specified in this section, and a corresponding notice given under any former enactment and continued in force by this Act, may be amended from time to time, or revoked, by the Minister in the same manner.

Compare: 1962 No 135 s 68B(2A)

Section 115(1): substituted, on 16 January 2006, by section 65 of the Land Transport Amendment Act 2005 (2005 No 77).

Section 115(1)(a): amended, on 7 August 2011, by section 68(1) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).

Section 115(1)(b): amended, on 7 August 2011, by section 68(2) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).

Section 115(2): substituted, on 16 January 2006, by section 65 of the Land Transport Amendment Act 2005 (2005 No 77).

Section 115(2)(a): amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

Section 115(2)(c): amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

Section 115(2A): inserted, on 16 January 2006, by section 65 of the Land Transport Amendment Act 2005 (2005 No 77).

Section 115(3)(a): amended, on 7 August 2011, by section 68(3) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).

Section 115(3)(b): amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

Section 115(3)(b)(i): amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

Section 115(3)(b)(iii): amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

Section 115(3A): inserted, on 1 December 2009, by section 31 of the Land Transport (Enforcement Powers) Amendment Act 2009 (2009 No 36).

Section 115(3B): inserted, on 1 December 2009, by section 31 of the Land Transport (Enforcement Powers) Amendment Act 2009 (2009 No 36).

Section 115(6): amended, on 7 August 2011, by section 68(4) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).