New Zealand Legislation: Acts
Acts are laws made by Parliament
(1) An enforcement officer may exercise all or any of the powers conferred by subsection (2) if he or she believes on reasonable grounds that—
(a) either—
(i) a person who is for the time being in charge of a motor vehicle, because of his or her physical or mental condition (however arising),—
(A) is incapable of having proper control of the vehicle; or
(B) does not complete a compulsory impairment test in a manner satisfactory to an enforcement officer, who is trained to give the test, when required to do so by an enforcement officer under section 71A; or
(C) fails or refuses to undergo a compulsory impairment test when required to do so under section 71A; or
(ii) the requirements of any enactment concerning work time or rest time are not being complied with; and
(b) in all the circumstances, the direction or prohibition or action is necessary in the interests of that person or of any other person or of the public.
(2) The enforcement officer may—
(a) forbid that person to drive a motor vehicle for such period as the enforcement officer specifies:
(b) direct the person to drive the vehicle to a specified place where the driver may obtain rest, or where the load on the vehicle or other conditions make it appropriate that the driver should drive to that place:
(c) take possession of all ignition or other keys of the vehicle, and for that purpose require that person to deliver up immediately all such keys:
(d) take such steps as may be necessary to render the vehicle immobile or to remove it to a place where it does not constitute a traffic hazard.
(3) The period for which an enforcement officer forbids a person to drive under subsection (2)(a) must, where the result of an evidential breath test undergone by the person indicates that the proportion of alcohol in the person's breath exceeds 400 micrograms of alcohol per litre of breath, be a period of 12 hours, unless the enforcement officer is satisfied that there is good reason for imposing a shorter prohibition.
(4) An enforcement officer may arrest without warrant a person who fails to comply with a direction given under this section or does or attempts to do any act that is for the time being forbidden under this section.
Compare: 1962 No 135 s 63
Section 121 heading: amended, on 10 May 2011, by section 70 of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).
Section 121(1)(a)(i): substituted, on 1 November 2009, by section 23 of the Land Transport Amendment Act 2009 (2009 No 17).
Section 121(1)(a)(ii): amended, on 1 October 2007, by section 68 of the Land Transport Amendment Act 2005 (2005 No 77).
