Reprint as at 1 March 2016

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

 
1 Short Title and commencement

(1)

This Act may be cited as the Land Transport Act 1998.

(2)

Sections 5(4), 23, 24, 25, 28, 31(1)(c), 95, 96(1), (2), (3), and (5), and 199 come into force on a date to be appointed by the Governor-General by Order in Council; and different dates may be appointed by 1 or more Orders in Council for different provisions.

(3)

The repeals specified in clauses 1 to 14 of Part 4 of Schedule 2 come into force on a date to be appointed by the Governor-General by Order in Council; and different dates may be appointed by 1 or more Orders in Council for different provisions in that schedule.

(4)

[Repealed]

(5)

The rest of this Act comes into force on 1 March 1999.

Section 1(2): sections 5(4), 23, 24, 25, 28, 31(1)(c), 95, 96(1), (2), (3), and (5), and 199 brought into force, on 3 May 1999, by the Land Transport (Commencement of Provisions) Order 1999 (SR 1999/96).

Section 1(3): Schedule 2 Part 4 clause 9 brought into force, on 1 March 1999, by the Land Transport (Commencement of Repeals) Order 1999 (SR 1999/28).

Section 1(3): Schedule 2 Part 4 clauses 3, 5, and 13 brought into force, on 3 May 1999, by the Land Transport (Commencement of Repeals) Order (No 2) 1999 (SR 1999/97).

Section 1(3): Schedule 2 Part 4 clause 1 brought into force, on 27 February 2005, by the Land Transport (Commencement of Repeals) Order 2004 (SR 2004/452).

Section 1(4): repealed, on 29 June 2009, by section 4 of the Land Transport Amendment Act 2009 (2009 No 17).

Part 1 Preliminary provisions

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

Agency means the New Zealand Transport Agency established under section 93 of the Land Transport Management Act 2003

alcohol interlock device means a device that—

(a)

is a part of the starting system of a motor vehicle; and

(b)

uses breathalyser technology to determine whether the starting system should start the motor vehicle; and

(c)

is, for the purposes of section 65A, approved by the Minister of Transport (after consulting the Science Minister) by notice in the Gazette

alcohol interlock licence means a driver licence issued to a person who has been authorised to obtain an alcohol interlock licence by an order of a court made under section 65A(2)

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 provider, in relation to alcohol interlock devices, means a person approved by the Agency to install, maintain, or remove alcohol interlock devices

approved taxi organisation means a taxi organisation approved or deemed to be approved by the Agency under this Act, the regulations, or the rules

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

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 one 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 instrument means—

(a)

a needle and syringe; or

(b)

an instrument of a kind designed for the taking of blood specimens approved by the Minister of Police (after consulting the Science Minister and the Minister of Transport) by notice in the Gazette

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 specimen collecting procedure means the taking of a blood specimen by a blood specimen collecting instrument in a manner prescribed by the Minister of Police by notice in the Gazette

blood test means the analysis of a blood specimen

blood test fee means the fee for the analysis of a blood specimen prescribed by the Minister of Police, by notice in the Gazette, under section 67

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 loading means a certificate of loading issued under the regulations or the rules

Commissioner means the Commissioner of Police

compulsory impairment test means a test, carried out in a manner prescribed by the Minister of Police by notice in the Gazette, to determine whether a person’s capacity to drive is impaired

control, in relation to a transport service or a proposed or approved taxi organisation, means direct or indirect control of the management of the whole or part of the transport service or taxi organisation by a shareholding or the holding of any position (however described) in the management of the whole or part of the transport service or taxi organisation that gives the person a significant influence on the operation of the whole or part of the service or organisation (whether or not other persons are also involved)

court means a District Court

cruising means driving repeatedly in the same direction over the same section of a road in a motor vehicle in a manner that—

(a)

draws attention to the power or sound of the engine of the motor vehicle being driven; or

(b)

creates a convoy that—

(i)

is formed otherwise than in trade; and

(ii)

impedes traffic flow

cumulative work day means a period—

(a)

during which work occurs; and

(b)

that—

(i)

does not exceed 24 hours; and

(ii)

begins after a continuous period of rest time of at least 10 hours

cumulative work period means a set of cumulative work days between continuous periods of rest time of at least 24 hours

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

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

drink means alcoholic drink

driver, in relation to a vehicle, includes the rider of the motorcycle 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

driver licence stop order means an order imposed under section 91E

enforcement authority, in relation to an infringement offence, means (except in relation to Part 17)

(a)

the New Zealand Police, in any case:

(b)

the Agency, in the case of an infringement offence for which an infringement notice is issued by an employee of the Agency or on behalf of the Agency:

(ba)

an airport authority:

(c)
[Repealed]

(d)

a local authority, in the case of an infringement offence 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 officer means—

(a)

a constable:

(b)

a Police employee who is not a constable 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 Agency, 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

(a)

means the carriage of goods on any road, whether or not for hire or reward, by means of a motor vehicle whose gross laden weight is 6 000 kg or more; and

(b)

includes the letting on hire of a motor vehicle whose gross laden weight is 6 000 kg or more by a person who drives the vehicle or provides a driver for the vehicle, where the motor vehicle is used for the carriage of goods; but

(c)

does not include—

(i)

a vehicle recovery service; or

(ii)

a service involving the carriage of goods for personal domestic purposes where the service is not operated for more than a total of 7 days in any 12-month period; or

(iii)

any carriage of goods by a passenger service vehicle where the carriage is part of a contract for the carriage of passengers or where the carriage is of such small amounts of goods, or occurs so infrequently, that it does not form a significant part of the overall operations of the vehicle; or

(iv)

the use of trucks by licensed motor vehicle dealers to carry goods for demonstration and sale purposes; or

(v)

the use of vintage vehicles to carry goods for display purposes; or

(vi)

the use of trailers towed by small passenger service vehicles to carry passengers’ luggage; or

(vii)

any service specified as an exempt goods service in the regulations or the rules

goods service licence means a licence granted or deemed to be granted under subpart 3 of Part 4A that authorises its holder to carry on a goods service

goods service vehicle

(a)

means a motor vehicle used or capable of being used in a goods service for the carriage of goods; but

(b)

does not include a vehicle specified as an exempt goods service vehicle in the regulations or the rules

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

health practitioner has the same meaning as in section 5 of the Health Practitioners Competence Assurance Act 2003

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 3 500 kg

heavy traffic means—

(a)

the use of any heavy motor vehicle; or

(b)

any other traffic declared to be heavy traffic by the Agency by notice in the Gazette

hospital means a hospital care institution within the meaning of section 58(4) of the Health and Disability Services (Safety) Act 2001

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:

(ab)

a stationary vehicle offence:

(b)

an overloading offence:

(ba)

an offence against this Act concerning logbooks that is committed by a transport service driver:

(c)

an infringement offence specified in regulations made under this Act:

(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)

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 2012, the Transport (Vehicle and Driver Registration and Licensing) Act 1986, the Government Roading Powers Act 1989, or this Act

land transport register includes—

(a)

registers kept under this Act, the Railways Act 2005, or the Road User Charges Act 2012; and

(b)

other information and records relating to vehicle and operator licensing kept by the Agency

large passenger service vehicle means any passenger service vehicle that is designed or adapted to carry more than 12 persons (including the driver)

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 17

light rail vehicle has the same meaning as in section 4(1) of the Railways Act 2005

light rental service vehicle means a rental service vehicle having a gross laden weight of not more than 3 500 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

logbook means a logbook that is in a form approved by the Agency in accordance with the rules, and includes any alternative means approved under section 30ZG

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 expenses means the expenses incurred by a medical practitioner or medical officer in taking a blood specimen

medical laboratory technologist means a health practitioner who is, or is deemed to be, registered with the Medical Sciences 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 medical laboratory science

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 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

member means a person appointed as a member of the Agency

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 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 Agency has declared under section 168A(1) to be a mobility device

moped

(a)

means a motor vehicle (other than a power-assisted pedal cycle) that has—

(i)

2 wheels; and

(ii)

a maximum speed not exceeding 50 kilometres per hour; and

(iii)

either—

(A)

an engine cylinder capacity not exceeding 50 cc; or

(B)

a power source other than a piston engine; and

(b)

includes a motor vehicle running on 3 wheels if the vehicle—

(i)

was registered before paragraph (a) came into force; and

(ii)

falls within the definition of moped in section 2(1) of the Transport (Vehicle and Driver Registration and Licensing) Act 1986

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 Agency has declared under section 168A is not a motor vehicle; or

(viii)

a mobility device

motorcycle

(a)

means a motor vehicle running on 2 wheels, or not more than 3 wheels when fitted with a sidecar; and

(b)

includes a vehicle with motorcycle controls that is approved as a motorcycle by the Agency; but

(c)

does not include a moped

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 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

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

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

organised criminal activity means an activity that—

(a)

involves 2 or more persons; and

(b)

has the acquisition of income or assets by means of a continuing course of criminal conduct as one of its objects

outputs means the goods and services that are produced by the Agency

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

parking means,—

(a)

in relation to any portion of a road where parking is for the time being governed by the location of parking meters placed pursuant to a bylaw of a local authority, the stopping or standing of a vehicle on that portion of the road for any period exceeding 5 minutes:

(b)

in relation to any other portion of a road, the stopping or standing of a vehicle on that portion of the road

parking offence means an offence described in paragraph (a) of the definition of stationary vehicle offence

parking warden means a person appointed to hold the office of parking warden under section 128D

parking warden means a parking warden appointed under section 128D

participant, in relation to the land transport system, means a person who does anything for which a land transport document is required

passenger service

(a)

means—

(i)

the carriage of passengers on any road for hire or reward by means of a motor vehicle; and

(ii)

the carriage of passengers on any road, whether or not for hire or reward, by means of a large passenger service vehicle; and

(b)

includes the carriage of passengers on any road—

(i)

that involves a specific charge on passengers for transport, including part payments to cover fuel and donations (which are expected as a condition of carriage); or

(ii)

by a person or an organisation that is funded by another person or organisation specifically for the provision of transport; or

(iii)

in which the carriage of passengers is an integral part of, or reasonably necessary to provide, another service or activity (other than a transport service) for which payment is made; or

(iv)

in which the carriage of passengers is made using the vehicle provided by one of the passengers and the driver is paid for the carriage; or

(v)

that involves the letting on hire of a vehicle by a person who drives the vehicle or provides a driver for the vehicle if, during the hiring, the vehicle is used for the carriage of passengers; but

(c)

does not include—

(i)

private ambulance services provided by organisations primarily for their employees, being ambulance services that are available to the general public in an emergency only when public ambulance services cannot provide a service; or

(ii)

any service using a vehicle that is specified as an exempt passenger service vehicle in the regulations or the rules; or

(iii)

any service specified as an exempt passenger service in the regulations or the rules

passenger service licence means a licence granted or deemed to be granted under subpart 3 of Part 4A that authorises its holder to carry on a passenger service

passenger service vehicle

(a)

means a vehicle used or available for use in a passenger service for the carriage of passengers; but

(b)

does not include—

(i)

a vehicle designed or adapted to carry 12 or fewer persons (including the driver) provided by one of the passengers being carried; or

(ii)

a vehicle specified as an exempt passenger service vehicle in the regulations or the rules

passive breath-testing device means a passive breath-testing device of a kind approved by the Minister of Police, by notice in the Gazette

permanent speed limit means a maximum speed limit set by a regulation or rule made under this Act and that is in force except when a holiday, variable, minimum, or temporary speed limit is in force

positive, in relation to an evidential breath test, means an evidential breath test that indicates,—

(a)

in the case of a person who holds an alcohol interlock licence or a zero alcohol licence, that the breath of the person who underwent the test contains alcohol; or

(b)

in the case of a person who is apparently younger than 20, that the breath of the person who underwent the test contains alcohol; or

(c)

in the case of any other person, that the proportion of alcohol in the breath of the person who underwent the test exceeds 250 micrograms of alcohol per litre of breath

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

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

prescription medicine has the same meaning as in section 3(3) of the Medicines Act 1981

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 Criminal Procedure Act 2011 or the Summary Proceedings Act 1957; and includes the issue of an infringement notice under section 139

qualifying bylaw means a bylaw made by a road controlling authority under section 22AB(1)(a) of this Act, or section 145 of the Local Government Act 2002 for the stated purpose of—

(a)

restricting or placing conditions on the racing of motor vehicles or any associated activities:

(b)

controlling or restricting cruising or any associated activities

qualifying drug

(a)

means any substance, preparation, mixture, or article containing—

(i)

a controlled drug specified in Schedule 1, Schedule 2, or Part 1, 4, or 7 of Schedule 3 of the Misuse of Drugs Act 1975; and

(ii)

any of the following drugs:

(A)

Alprazolam:

(B)

Bromazepam:

(C)

Brotizolam:

(D)

Camazepam:

(E)

Chlordiazepoxide:

(F)

Clobazam:

(G)

Clonazepam:

(H)

Clotiazepam:

(I)

Cloxazolam:

(J)

Delorazepam:

(K)

Diazepam:

(L)

Estazolam:

(M)

Ethyl loflazepate:

(N)

Fludiazepam:

(O)

Flunitrazepam:

(P)

Flurazepam:

(Q)

Halazepam:

(R)

Haloxazolam:

(S)

Ketazolam:

(T)

Loprazolam:

(U)

Lorazepam:

(V)

Lormetazepam:

(W)

Medazepam:

(X)

Midazolam:

(Y)

Nimetazepam:

(Z)

Nitrazepam:

(ZA)

Nordazepam:

(ZB)

Oxazepam:

(ZC)

Oxazolam:

(ZD)

Pinazepam:

(ZE)

Prazepam:

(ZF)

Temazepam:

(ZG)

Tetrazepam:

(ZH)

Triazolam; and

(b)

includes—

(i)

any controlled drug analogue (within the meaning of controlled drug analogue in section 2(1) of the Misuse of Drugs Act 1975); and

(ii)

any prescription medicine; but

(c)

excludes any substance, preparation, mixture, or article specified in paragraph (a) or (b)(i) if it is excluded by regulations made under this Act

rail operator has the same meaning as in section 4(1) of the Railways Act 2005

rail participant has the same meaning as in section 4(1) of the Railways Act 2005

rail vehicle has the same meaning as in section 4(1) of the Railways Act 2005

regional council means a regional council within the meaning of the Local Government Act 2002

register of motor vehicles means the register continued and maintained under section 234

registered, in relation to a vehicle, means registered under Part 17

Registrar, in relation to the execution of a warrant of confiscation, means any Registrar of the High Court or of a District Court, as the case may require, and includes a Deputy Registrar

the regulations means regulations made under this Act and the regulations referred to in section 218

rental service means the letting of a motor vehicle on hire for the carriage of passengers (including the driver) or of goods, or both, to a person who drives the vehicle or provides a driver for the vehicle; but does not include—

(a)

the letting of a motor vehicle under a hire purchase agreement or a bailment that is for a period exceeding 6 months; or

(b)

the hiring of trailers with a gross laden weight not exceeding 3 500 kg; or

(c)

any service specified as an exempt rental service in the regulations or the rules

rental service licence means a licence granted or deemed to be granted under subpart 3 of Part 4A that authorises its holder to carry on a rental service

rental service vehicle means a vehicle used or available for use in a rental service for letting on hire for the carriage of passengers or goods, or both, to a person who drives the vehicle or provides a driver for the vehicle; but does not include a vehicle specified as an exempt vehicle in this Act or the regulations or the rules

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 means all time that—

(a)

is not work time; and

(b)

is at least 30 minutes in duration; and

(c)

is not spent in a moving vehicle associated with work

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); and

(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 Research, Science, and Technology Act 2010

Secretary means the chief executive of the Ministry

service, in Part 4A, includes—

(a)

an operation carried out on 1 occasion only; and

(b)

an operation carried out solely for the benefit of the persons carrying it out

site, in section 147, means a site where a dynamic axle weigher is used

small passenger service vehicle means any passenger service vehicle that is designed or adapted to carry 12 or fewer persons (including the driver)

special vehicle lane has the meaning given to it in clause 1.6 of the Land Transport (Road User) Rule 2004

speed limit means a speed limit set by or under this Act, the Local Government Act 1974, the Government Roading Powers Act 1989, or the rules

speeding offence means an offence which consists solely of exceeding a speed limit

stationary vehicle offence means—

(a)

parking in any portion of a road in breach of—

(i)

any Act or regulation; or

(ii)

any bylaw made under section 22AB(1)(m) to (o):

(b)

any offence specified as a stationary vehicle offence in regulations made under this Act

storage provider means a person who stores vehicles impounded under this Act

taxi means a motor vehicle that is—

(a)

a small passenger service vehicle; and

(b)

fitted with a sign on its roof displaying the word “taxi” and any other signs required by the regulations or the rules; and

(c)

in use or available for use for hire or reward for the carriage of passengers other than on defined routes

taxi service means a passenger service carried on by means of a taxi or taxis

territorial authority means a territorial authority within the meaning of the Local Government Act 2002

toll has the same meaning as in section 5 of the Land Transport Management Act 2003

toll offence means an offence against section 54(1) of the Land Transport Management Act 2003

towage fee, in respect of a parking offence, means an amount specified as the towage fee in respect of that offence by the Secretary by notice in the Gazette; and, for the purposes of this definition, the Secretary may prescribe different rates of towage fees in respect of different classes of persons, vehicles, products, or any other property or item, or on the basis of different times of use, or different distances, or on any other differential basis

traction engine means a vehicle that—

(a)

is propelled by steam power; and

(b)

is not a rail vehicle within the meaning of section 4(1) of the Railways Act 2005; 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

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

transport service

(a)

means any goods service, passenger service, rental service, or vehicle recovery service; but

(b)

does not include—

(i)

licensed rail participants under the Railways Act 2005; and

(ii)

any service specified as an exempt transport service in the regulations or the rules

transport service driver means any person who is, or is from time to time, employed or engaged in driving a vehicle being used in a transport service other than a rental service, whether or not that person is licensed or required to hold a licence to drive such a vehicle

transport service licence means any of the following licences granted or deemed to be granted under subpart 3 of Part 4A:

(a)

a goods service licence:

(b)

a passenger service licence:

(c)

a rental service licence:

(d)

a vehicle recovery service licence

transport service operator means a person who carries on a transport service, whether or not that person employs personnel to assist in doing so on its behalf; but does not include those personnel

transport service vehicle means any goods service vehicle, passenger service vehicle, rental service vehicle, or vehicle recovery service vehicle; but does not include—

(a)

a rail vehicle under the Railways Act 2005; or

(b)

a vehicle running on self-laying tracks or rollers; or

(c)

a vehicle that operates solely on or in areas to which the public does not have access as of right (whether or not that vehicle is used on a road in connection with that vehicle’s inspection, servicing, or repair, or for the purposes of a practical driving test required under any enactment); or

(d)

a vehicle used as a place of abode to the extent that it is not used in a rental service; or

(e)

a vehicle listed as a farm vehicle in Part 1 of the Schedule of the Transit New Zealand (Apportionment and Refund of Excise Duty) Regulations 1998 or in any provisions made in substitution for that schedule; or

(f)

a tractor (being a motor vehicle designed principally for traction at speeds not exceeding 50 km per hour); or

(g)

a forklift (being a motor vehicle designed principally for lifting and stacking goods by means of 1 or more forks, tines, platens, or clamps); or

(h)

a hearse; or

(i)

a traction engine

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

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 recovery service

(a)

means the towing or carrying on any road of a motor vehicle, irrespective of the size or design of the towing or carrying vehicle, and whether or not the towing or carrying of the vehicle is carried out by a person intending to carry out repairs on the vehicle; but

(b)

does not include—

(i)

the towing or carrying of any motorcycle or moped; or

(ii)

the towing or carrying of one motor vehicle by another where—

(A)

the towing or carrying is not carried out directly or indirectly for reward; and

(B)

the towing or carrying vehicle is not designed or adapted for the purpose of towing or carrying motor vehicles; or

(iii)

the towing or carrying of a vehicle by a person who owns the vehicle; or

(iv)

the towing of disabled vehicles using a rope or flat tow by—

(A)

a person employed by, or contracted to, a motoring association or insurance company where the towing is limited to removal of the vehicle to a place of safety; or

(B)

the owner or employee of a garage or workshop who intends to carry out repairs to the vehicle; or

(v)

the removal of vehicles by New Zealand Defence Force tow trucks at the request of an enforcement officer; or

(vi)

routine towing services operated by New Zealand Defence Force personnel in areas where there is no suitable and available commercial towing service nearby; or

(vii)

any service where the Agency has provided the transport service operator with a written notice that—

(A)

must be carried in the vehicle used in the service; and

(B)

specifies that the nature of the service is such that the carriage of vehicles should be treated as the carriage of goods; or

(viii)

any service specified as an exempt vehicle recovery service in the regulations or the rules

vehicle recovery service licence means a licence granted or deemed to be granted under subpart 3 of Part 4A that authorises its holder to carry on a vehicle recovery service

vehicle recovery service vehicle

(a)

means a vehicle used or available for use in a vehicle recovery service for towing or carrying on a road any motor vehicle; but

(b)

does not include any vehicle specified as an exempt vehicle recovery service vehicle in the regulations or the rules

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 includes (but is not limited to) all the time spent—

(a)

driving a vehicle to which section 30ZB(1) applies:

(b)

performing work-related duties, including (but not limited to)—

(i)

loading and unloading:

(ii)

maintenance and cleaning of vehicles (other than unpaid cleaning outside working hours):

(iii)

administration or recording:

(c)

in any paid employment (other than paid leave or paid breaks of at least 30 minutes’ duration), whether or not related to transport activities

zero alcohol licence means a licence that—

(a)

is issued to a person who is authorised to obtain the licence by a court order made under section 65B(2); and

(b)

authorises the person to drive on the condition that neither the person’s breath nor the person’s blood contains alcohol.

(1A)

If a transport service includes the use of vehicles that are specified as exempt vehicles in the regulations or the rules, the operation of those vehicles is not to be treated as part of the operation of the service.

(2)

A notice or replacement 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 legislative instrument and a disallowable instrument for the purposes of the Legislation Act 2012 and may be amended from time to time, or revoked or replaced, by the responsible Minister in the same manner.

(3)

A notice or replacement 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.

(5)

Despite anything in subsection (1), for the purposes of any proceedings against an offence of failing to comply with work time restrictions or rest time requirements, where no continuous period of rest of least 10 hours is or has been taken, a cumulative work day is to be treated as a period that—

(a)

begins from the commencement of any work time; and

(b)

ends only after a continuous period of rest of at least 10 hours is taken.

Compare: 1962 No 135 ss 2, 57A

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

Section 2(1) alcohol interlock device: inserted, on 10 May 2011, by section 4(17) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).

Section 2(1) alcohol interlock licence: inserted, on 10 May 2011, by section 4(17) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).

Section 2(1) approved provider: inserted, on 10 May 2011, by section 4(17) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).

Section 2(1) approved taxi organisation: inserted, on 1 October 2007, by section 4(3) of the Land Transport Amendment Act 2005 (2005 No 77).

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

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

Section 2(1) blood specimen collecting instrument: inserted, on 5 November 2011, by section 4(18) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).

Section 2(1) blood specimen collecting procedure: inserted, on 5 November 2011, by section 4(18) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).

Section 2(1) blood test: amended, on 1 November 2009, by section 5(1) of the Land Transport Amendment Act 2009 (2009 No 17).

Section 2(1) blood test fee: amended, on 1 November 2009, by section 5(2) of the Land Transport Amendment Act 2009 (2009 No 17).

Section 2(1) Board and Transfund: repealed, on 1 December 2004, by section 3(1) of the Land Transport Amendment Act 2004 (2004 No 96).

Section 2(1) certificate of compliance: inserted, on 29 December 2001, by section 4(1) of the Land Transport (Road Safety Enforcement) Amendment Act 2001 (2001 No 104).

Section 2(1) commercial public transport service: repealed, on 13 June 2013, by section 72 of the Land Transport Management Amendment Act 2013 (2013 No 35).

Section 2(1) compulsory impairment test: inserted, on 1 November 2009, by section 5(3) of the Land Transport Amendment Act 2009 (2009 No 17).

Section 2(1) conclusive evidential breath-testing device: repealed, on 29 December 2001, by section 4(2) of the Land Transport (Road Safety Enforcement) Amendment Act 2001 (2001 No 104).

Section 2(1) control: inserted, on 1 October 2007, by section 4(3) of the Land Transport Amendment Act 2005 (2005 No 77).

Section 2(1) controlled drug: repealed (without coming into force), on 1 November 2009, by section 4(2) of the Land Transport (Enforcement Powers) Amendment Act 2009 (2009 No 36).

Section 2(1) cruising: inserted, on 1 December 2009, by section 4(1) of the Land Transport (Enforcement Powers) Amendment Act 2009 (2009 No 36).

Section 2(1) cumulative work day: inserted, on 1 October 2007, by section 4(3) of the Land Transport Amendment Act 2005 (2005 No 77).

Section 2(1) cumulative work period: inserted, on 1 October 2007, by section 4(3) of the Land Transport Amendment Act 2005 (2005 No 77).

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

Section 2(1) doctor’s surgery: amended, on 18 September 2004, by section 175(1) of the Health Practitioners Competence Assurance Act 2003 (2003 No 48).

Section 2(1) driver licence stop order: inserted, on 1 November 2013, by section 4 of the Land Transport Amendment Act 2011 (2011 No 31).

Section 2(1) enforcement authority: substituted, on 28 June 2006, by section 4(1) of the Land Transport Amendment Act (No 2) 2006 (2006 No 30).

Section 2(1) enforcement authority: amended, on 1 May 2011, by section 35(1) of the Land Transport Amendment Act 2009 (2009 No 17).

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

Section 2(1) enforcement authority paragraph (ba): inserted, on 10 May 2011, by section 4(1) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).

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

Section 2(1) enforcement authority paragraph (d): substituted, on 10 May 2011, by section 4(2) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).

Section 2(1) enforcement officer paragraph (a): amended, on 1 October 2008, pursuant to section 116(a)(vii) of the Policing Act 2008 (2008 No 72).

Section 2(1) enforcement officer paragraph (b): amended, on 1 October 2008, pursuant to section 116(d) of the Policing Act 2008 (2008 No 72).

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

Section 2(1) goods service: substituted, on 1 October 2007, by section 4(3) of the Land Transport Amendment Act 2005 (2005 No 77).

Section 2(1) goods service licence: substituted, on 1 October 2007, by section 4(3) of the Land Transport Amendment Act 2005 (2005 No 77).

Section 2(1) goods service vehicle: substituted, on 1 October 2007, by section 4(3) of the Land Transport Amendment Act 2005 (2005 No 77).

Section 2(1) health practitioner: inserted, on 1 November 2009, by section 5(3) of the Land Transport Amendment Act 2009 (2009 No 17).

Section 2(1) heavy traffic: inserted, on 10 May 2011, by section 4(17) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).

Section 2(1) hospital: substituted, on 10 May 2011, by section 4(3) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).

Section 2(1) infringement offence paragraph (ab): inserted, on 10 May 2011, by section 4(4) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).

Section 2(1) infringement offence paragraph (ba): inserted, on 1 October 2007, by section 4(6) of the Land Transport Amendment Act 2005 (2005 No 77).

Section 2(1) infringement offence paragraph (c): amended, on 10 May 2011, by section 4(5) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).

Section 2(1) infringement offence paragraph (ca): inserted, on 13 November 2003, by section 90 of the Land Transport Management Act 2003 (2003 No 118).

Section 2(1) invalid carriage: repealed, on 22 June 2005, by section 4(2) of the Land Transport Amendment Act 2005 (2005 No 77).

Section 2(1) land transport documents: amended, on 1 August 2012, by section 94 of the Road User Charges Act 2012 (2012 No 1).

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

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

Section 2(1) land transport register paragraph (a): amended, on 1 August 2012, by section 94 of the Road User Charges Act 2012 (2012 No 1).

Section 2(1) land transport register paragraph (a): amended, on 1 October 2007, by section 4(7) of the Land Transport Amendment Act 2005 (2005 No 77).

Section 2(1) land transport register paragraph (a): amended, on 20 July 2005, by section 103(3) of the Railways Act 2005 (2005 No 37).

Section 2(1) land transport register paragraph (b): amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

Section 2(1) large passenger service vehicle: inserted, on 1 October 2007, by section 4(3) of the Land Transport Amendment Act 2005 (2005 No 77).

Section 2(1) licensed paragraph (b): amended, on 1 May 2011, by section 35(1) of the Land Transport Amendment Act 2009 (2009 No 17).

Section 2(1) light rail vehicle: inserted, on 20 July 2005, by section 103(3) of the Railways Act 2005 (2005 No 37).

Section 2(1) local authority: substituted, on 1 July 2003, by section 262 of the Local Government Act 2002 (2002 No 84).

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

Section 2(1) logbook: amended, on 1 October 2007, by section 4(8) of the Land Transport Amendment Act 2005 (2005 No 77).

Section 2(1) medical expenses: inserted, on 1 November 2009, by section 5(3) of the Land Transport Amendment Act 2009 (2009 No 17).

Section 2(1) medical laboratory technologist: inserted, on 18 September 2004, by section 175(1) of the Health Practitioners Competence Assurance Act 2003 (2003 No 48).

Section 2(1) medical laboratory technologist: amended, on 1 August 2011, by clause 8(2) of the Health Practitioners Competence Assurance (Designation of Anaesthetic Technology Services as Health Profession) Order 2011 (SR 2011/227).

Section 2(1) medical officer: substituted, on 18 September 2004, by section 175(1) of the Health Practitioners Competence Assurance Act 2003 (2003 No 48).

Section 2(1) medical practitioner: inserted, on 18 September 2004, by section 175(1) of the Health Practitioners Competence Assurance Act 2003 (2003 No 48).

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

Section 2(1) member: amended, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

Section 2(1) Minister: substituted, on 1 December 2004, by section 3(2) of the Land Transport Amendment Act 2004 (2004 No 96).

Section 2(1) mobility device: inserted, on 22 June 2005, by section 4(4) of the Land Transport Amendment Act 2005 (2005 No 77).

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

Section 2(1) moped: inserted, on 10 May 2011, by section 4(17) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).

Section 2(1) motor vehicle paragraph (c)(ii): repealed, on 22 June 2005, by section 4(9) of the Land Transport Amendment Act 2005 (2005 No 77).

Section 2(1) motor vehicle paragraph (c)(vi): amended, on 22 June 2005, by section 4(10) of the Land Transport Amendment Act 2005 (2005 No 77).

Section 2(1) motor vehicle paragraph (c)(vii): added, on 22 June 2005, by section 4(10) of the Land Transport Amendment Act 2005 (2005 No 77).

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

Section 2(1) motor vehicle paragraph (c)(viii): added, on 22 June 2005, by section 4(10) of the Land Transport Amendment Act 2005 (2005 No 77).

Section 2(1) motorcycle: inserted, on 10 May 2011, by section 4(17) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).

Section 2(1) moving vehicle offence paragraph (c): amended, on 10 May 2011, by section 4(6) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).

Section 2(1) moving vehicle offence paragraph (c): amended, on 13 November 2003, by section 90 of the Land Transport Management Act 2003 (2003 No 118).

Section 2(1) moving vehicle offence paragraph (d): added, on 13 November 2003, by section 90 of the Land Transport Management Act 2003 (2003 No 118).

Section 2(1) national land transport strategy or strategy: repealed, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

Section 2(1) nurse: inserted, on 18 September 2004, by section 175(1) of the Health Practitioners Competence Assurance Act 2003 (2003 No 48).

Section 2(1) optometrist: inserted, on 18 September 2004, by section 175(1) of the Health Practitioners Competence Assurance Act 2003 (2003 No 48).

Section 2(1) organised criminal activity: inserted, on 1 October 2007, by section 4(3) of the Land Transport Amendment Act 2005 (2005 No 77).

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

Section 2(1) parking: inserted, on 10 May 2011, by section 4(17) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).

Section 2(1) parking offence: inserted, on 10 May 2011, by section 4(17) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).

Section 2(1) parking warden: inserted, on 1 November 2009, by section 5(3) of the Land Transport Amendment Act 2009 (2009 No 17).

Section 2(1) parking warden: amended, on 10 May 2011, by section 4(7) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).

Section 2(1) parking warden second definition: inserted, on 10 May 2011, by section 4(17) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).

Section 2(1) passenger service: substituted, on 1 October 2007, by section 4(3) of the Land Transport Amendment Act 2005 (2005 No 77).

Section 2(1) passenger service paragraph (b)(iii): amended, on 10 May 2011, by section 4(8) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).

Section 2(1) passenger service licence: substituted, on 1 October 2007, by section 4(3) of the Land Transport Amendment Act 2005 (2005 No 77).

Section 2(1) passenger service vehicle: substituted, on 1 October 2007, by section 4(3) of the Land Transport Amendment Act 2005 (2005 No 77).

Section 2(1) performance agreement: repealed, on 1 December 2004, by section 3(1) of the Land Transport Amendment Act 2004 (2004 No 96).

Section 2(1) permanent speed limit: inserted, on 10 May 2011, by section 4(17) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).

Section 2(1) positive: inserted, on 7 August 2011, by section 4(9) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).

Section 2(1) positive paragraph (c): amended, on 1 December 2014, by section 15 of the Land Transport Amendment Act (No 2) 2014 (2014 No 57).

Section 2(1) positive evidential breath test: repealed, on 7 August 2011, by section 4(9) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).

Section 2(1) premises: amended, on 20 July 2005, by section 103(3) of the Railways Act 2005 (2005 No 37).

Section 2(1) prescription medicine: inserted, on 1 November 2009, by section 5(3) of the Land Transport Amendment Act 2009 (2009 No 17).

Section 2(1) proceedings: amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

Section 2(1) qualifying bylaw: inserted, on 1 December 2009, by section 4(1) of the Land Transport (Enforcement Powers) Amendment Act 2009 (2009 No 36).

Section 2(1) qualifying bylaw: amended, on 10 May 2011, by section 4(10)(a) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).

Section 2(1) qualifying bylaw: amended, on 10 May 2011, by section 4(10)(b) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).

Section 2(1) qualifying drug: inserted, on 1 November 2009, by section 4(3) of the Land Transport (Enforcement Powers) Amendment Act 2009 (2009 No 36).

Section 2(1) qualifying drug paragraph (a)(i): amended, on 9 August 2011, by section 12(2) of the Misuse of Drugs Amendment Act (No 2) 2011 (2011 No 54).

Section 2(1) rail operator: inserted, on 20 July 2005, by section 103(3) of the Railways Act 2005 (2005 No 37).

Section 2(1) rail participant: inserted, on 20 July 2005, by section 103(3) of the Railways Act 2005 (2005 No 37).

Section 2(1) rail service operator: repealed, on 20 July 2005, by section 103(3) of the Railways Act 2005 (2005 No 37).

Section 2(1) rail service vehicle: repealed, on 20 July 2005, by section 103(3) of the Railways Act 2005 (2005 No 37).

Section 2(1) rail vehicle: inserted, on 20 July 2005, by section 103(3) of the Railways Act 2005 (2005 No 37).

Section 2(1) regional council: substituted, on 1 July 2003, by section 262 of the Local Government Act 2002 (2002 No 84).

Section 2(1) regional land transport strategy: repealed, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

Section 2(1) register of motor vehicles: substituted, on 1 May 2011, by section 35(1) of the Land Transport Amendment Act 2009 (2009 No 17).

Section 2(1) registered: amended, on 1 May 2011, by section 35(1) of the Land Transport Amendment Act 2009 (2009 No 17).

Section 2(1) registered medical practitioner: repealed, on 18 September 2004, by section 175(1) of the Health Practitioners Competence Assurance Act 2003 (2003 No 48).

Section 2(1) registered optometrist: repealed, on 18 September 2004, by section 175(1) of the Health Practitioners Competence Assurance Act 2003 (2003 No 48).

Section 2(1) Registrar: inserted, on 1 December 2009, by section 4(1) of the Land Transport (Enforcement Powers) Amendment Act 2009 (2009 No 36).

Section 2(1) rental service: substituted, on 1 October 2007, by section 4(3) of the Land Transport Amendment Act 2005 (2005 No 77).

Section 2(1) rental service licence: inserted, on 1 October 2007, by section 4(3) of the Land Transport Amendment Act 2005 (2005 No 77).

Section 2(1) rental service vehicle: substituted, on 1 October 2007, by section 4(3) of the Land Transport Amendment Act 2005 (2005 No 77).

Section 2(1) rest time: inserted, on 1 October 2007, by section 4(5) of the Land Transport Amendment Act 2005 (2005 No 77).

Section 2(1) road paragraph (e): amended, on 10 May 2011, by section 4(11) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).

Section 2(1) Science Minister: amended, on 1 February 2011, by section 18 of the Research, Science, and Technology Act 2010 (2010 No 131).

Section 2(1) service: inserted, on 1 October 2007, by section 4(3) of the Land Transport Amendment Act 2005 (2005 No 77).

Section 2(1) service charter: repealed, on 1 December 2004, by section 3(1) of the Land Transport Amendment Act 2004 (2004 No 96).

Section 2(1) small passenger service vehicle: inserted, on 1 October 2007, by section 4(3) of the Land Transport Amendment Act 2005 (2005 No 77).

Section 2(1) special vehicle lane: inserted, on 28 June 2006, by section 4(2) of the Land Transport Amendment Act (No 2) 2006 (2006 No 30).

Section 2(1) speed limit: amended, on 10 May 2011, by section 4(12) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).

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

Section 2(1) speed limit: amended, on 19 December 2001, by section 4(3) of the Land Transport (Road Safety Enforcement) Amendment Act 2001 (2001 No 104).

Section 2(1) stationary vehicle offence: inserted, on 10 May 2011, by section 4(17) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).

Section 2(1) taxi: inserted, on 1 October 2007, by section 4(3) of the Land Transport Amendment Act 2005 (2005 No 77).

Section 2(1) taxi service: inserted, on 1 October 2007, by section 4(3) of the Land Transport Amendment Act 2005 (2005 No 77).

Section 2(1) territorial authority: substituted, on 1 July 2003, by section 262 of the Local Government Act 2002 (2002 No 84).

Section 2(1) toll: inserted, on 13 November 2003, by section 90 of the Land Transport Management Act 2003 (2003 No 118).

Section 2(1) toll offence: inserted, on 13 November 2003, by section 90 of the Land Transport Management Act 2003 (2003 No 118).

Section 2(1) towage fee: inserted, on 10 May 2011, by section 4(17) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).

Section 2(1) traction engine: inserted, on 22 June 2005, by section 4(4) of the Land Transport Amendment Act 2005 (2005 No 77).

Section 2(1) traction engine paragraph (b): substituted, on 1 January 2009, by section 63(2) of the Public Transport Management Act 2008 (2008 No 87).

Section 2(1) Transit and Transit New Zealand: repealed, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

Section 2(1) transport service: substituted, on 1 October 2007, by section 4(3) of the Land Transport Amendment Act 2005 (2005 No 77).

Section 2(1) transport service paragraph (b)(i): substituted, on 10 May 2011, by section 4(13) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).

Section 2(1) transport service driver: inserted, on 1 October 2007, by section 4(3) of the Land Transport Amendment Act 2005 (2005 No 77).

Section 2(1) transport service licence: substituted, on 1 October 2007, by section 4(3) of the Land Transport Amendment Act 2005 (2005 No 77).

Section 2(1) transport service operator: inserted, on 1 October 2007, by section 4(3) of the Land Transport Amendment Act 2005 (2005 No 77).

Section 2(1) transport service vehicle: substituted, on 1 October 2007, by section 4(3) of the Land Transport Amendment Act 2005 (2005 No 77).

Section 2(1) transport service vehicle paragraph (a): substituted, on 10 May 2011, by section 4(14) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).

Section 2(1) transport service vehicle paragraph (f): amended, on 10 May 2011, by section 4(15) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).

Section 2(1) unlicensed: inserted, on 22 June 2005, by section 4(4) of the Land Transport Amendment Act 2005 (2005 No 77).

Section 2(1) vehicle paragraph (c)(iv): repealed, on 22 June 2005, by section 4(11) of the Land Transport Amendment Act 2005 (2005 No 77).

Section 2(1) vehicle paragraph (c)(viii): amended, on 22 June 2005, by section 4(12) of the Land Transport Amendment Act 2005 (2005 No 77).

Section 2(1) vehicle paragraph (c)(x): added, on 20 July 2005, by section 103(3) of the Railways Act 2005 (2005 No 37).

Section 2(1) vehicle recovery service: substituted, on 1 October 2007, by section 4(3) of the Land Transport Amendment Act 2005 (2005 No 77).

Section 2(1) vehicle recovery service paragraph (b)(vii): amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

Section 2(1) vehicle recovery service licence: substituted, on 1 October 2007, by section 4(3) of the Land Transport Amendment Act 2005 (2005 No 77).

Section 2(1) vehicle recovery service vehicle: substituted, on 1 October 2007, by section 4(3) of the Land Transport Amendment Act 2005 (2005 No 77).

Section 2(1) work time: substituted, on 10 May 2011, by section 4(16) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).

Section 2(1) zero alcohol licence: added, on 10 May 2011, by section 4(17) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).

Section 2(1A): inserted, on 1 October 2007, by section 4(13) of the Land Transport Amendment Act 2005 (2005 No 77).

Section 2(2): amended, on 5 August 2013, by section 77(3) of the Legislation Act 2012 (2012 No 119).

Section 2(2): amended, on 10 May 2011, by section 4(19) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).

Section 2(2): amended, on 10 May 2011, by section 4(20) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).

Section 2(2): amended, on 29 December 2001, by section 4(4) of the Land Transport (Road Safety Enforcement) Amendment Act 2001 (2001 No 104).

Section 2(3): amended, on 10 May 2011, by section 4(21) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).

Section 2(5): added, on 10 May 2011, by section 4(22) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).

3 Act to bind the Crown

This Act binds the Crown.

Part 2 Primary responsibilities of participants in land transport system

General responsibilities

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 Agency that the person is a fit and proper person; and the Agency must determine whether a person is a fit and proper person for the purposes of this subsection in accordance with subpart 2 of Part 4A, 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

Section 4(3): amended, on 20 July 2005, by section 103(3) of the Railways Act 2005 (2005 No 37).

Section 4(4): amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

Section 4(4): amended, on 1 October 2007, by section 5 of the Land Transport Amendment Act 2005 (2005 No 77).

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 an alcohol interlock licence, a zero alcohol licence, or 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 Police employee 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)

Section 5(1)(c): amended, on 10 September 2012, by section 5 of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).

Section 5(5)(c): amended, on 1 October 2008, by section 130(1) of the Policing Act 2008 (2008 No 72).

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

Section 7(1): substituted, on 22 June 2005, by section 6(1) of the Land Transport Amendment Act 2005 (2005 No 77).

Section 7(2): amended, on 22 June 2005, by section 6(2) of the Land Transport Amendment Act 2005 (2005 No 77).

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: substituted, on 22 June 2005, by section 7 of the Land Transport Amendment Act 2005 (2005 No 77).

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: amended, on 22 June 2005, by section 8 of the Land Transport Amendment Act 2005 (2005 No 77).

Responsibilities of road users under ordinary and emergency rules

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

A person must comply with the rules.

Responsibilities concerning use of alcohol or drugs

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 250 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 50 milligrams of alcohol per 100 millilitres of blood; or

(c)

if the person is younger than 20,—

(i)

the person’s breath, as ascertained by an evidential breath test subsequently undergone by the person under section 69, contains alcohol; or

(ii)

the person’s blood, as ascertained from an analysis of a blood specimen subsequently taken from the person under section 72 or 73, contains alcohol; or

(d)

if the person holds an alcohol interlock licence or a zero alcohol licence,—

(i)

the person’s breath, as ascertained by an evidential breath test subsequently undergone by the person under section 69, contains alcohol; or

(ii)

the person’s blood, as ascertained from an analysis of a blood specimen subsequently taken from the person under section 72 or 73, contains alcohol.

Compare: 1962 No 135 ss 55(2)(b), (c), 58(1)(a), (c), (f), (g)

Section 11: amended, on 22 June 2005, by section 9 of the Land Transport Amendment Act 2005 (2005 No 77).

Section 11(a): amended, on 1 December 2014, by section 4(1) of the Land Transport Amendment Act (No 2) 2014 (2014 No 57).

Section 11(b): amended, on 1 December 2014, by section 4(2) of the Land Transport Amendment Act (No 2) 2014 (2014 No 57).

Section 11(c): substituted, on 7 August 2011, by section 6(1) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).

Section 11(d): inserted, on 10 September 2012, by section 6(2) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).

11A Persons may not drive or attempt to drive while impaired and their blood contains evidence of use of qualifying drug

A person may not drive or attempt to drive a motor vehicle while—

(a)

impaired; and

(b)

that person’s blood contains evidence of the use of a qualifying drug.

Section 11A: inserted, on 1 November 2009, by section 6 of the Land Transport Amendment Act 2009 (2009 No 17).

Section 11A heading: amended, on 1 November 2009, by section 5(1) of the Land Transport (Enforcement Powers) Amendment Act 2009 (2009 No 36).

Section 11A(b): substituted, on 1 November 2009, by section 5(2) of the Land Transport (Enforcement Powers) Amendment Act 2009 (2009 No 36).

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: amended, on 22 June 2005, by section 10 of the Land Transport Amendment Act 2005 (2005 No 77).

Responsibilities of drivers and other road users concerning enforcement officers

13 Drivers and other road users to comply with directions of enforcement officers, etc

(1AA)

A person driving a motor vehicle that has a warning notice given under section 22AF attached to it must comply with that notice.

(1)

A person must comply with sections 68, 69, 70, 71A, 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, 71A, 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

Section 13(1AA): inserted, on 1 December 2009, by section 6 of the Land Transport (Enforcement Powers) Amendment Act 2009 (2009 No 36).

Section 13(1AA): amended, on 10 May 2011, by section 7 of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).

Section 13(1): amended, on 1 May 2011, by section 35(1) of the Land Transport Amendment Act 2009 (2009 No 17).

Section 13(2): amended, on 1 May 2011, by section 35(1) of the Land Transport Amendment Act 2009 (2009 No 17).

Section 13(3): amended, on 18 September 2004, by section 175(1) of the Health Practitioners Competence Assurance Act 2003 (2003 No 48).

Section 13(4)(a): amended, on 2 May 2003, by section 4 of the Land Transport (Unauthorised Street and Drag Racing) Amendment Act 2003 (2003 No 11).

Part 3 Additional responsibilities concerning road transport

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 48 of the Policing Act 2008.

Compare: 1962 No 135 s 192A

Section 15(2): amended, on 1 October 2008, by section 130(1) of the Policing Act 2008 (2008 No 72).

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

16A Restriction of heavy traffic on roads

(1)

The Agency (in relation to a State highway, the control of which has not been delegated to a territorial authority under Part 4 of the Government Roading Powers Act 1989) or another road controlling authority (in relation to any road under its control) may, by public notice, direct that any heavy traffic, or any specified kind of heavy traffic defined in the notice, may not proceed between any 2 places by way of any road or roads specified in the notice.

(2)

A copy of every notice under this section must be displayed in at least 1 prominent position on every road to which the notice applies.

(3)

Every person commits an offence, and is liable on conviction to a fine not exceeding $1,000, who contravenes the requirements of any notice under this section unless the person proves that there was no other way reasonably available for the traffic concerned to proceed.

Compare: 1962 No 135 s 70AA

Section 16A: inserted, on 10 May 2011, by section 8 of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).

16B Interference with operation of speed measuring devices

Every person commits an offence who—

(a)

uses in a motor vehicle any equipment that interferes with the operation of a speed measuring device:

(b)

possesses in a motor vehicle any equipment that is designed to interfere with the operation of a speed measuring device.

Section 16B: inserted, on 10 May 2011, by section 8 of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).

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 Agency 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 Agency 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)

[Repealed]

Compare: 1986 No 6 s 45A

Section 18 heading: amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

Section 18(1): amended, on 18 September 2004, by section 175(1) of the Health Practitioners Competence Assurance Act 2003 (2003 No 48).

Section 18(2): amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

Section 18(2): amended, on 18 September 2004, by section 175(1) of the Health Practitioners Competence Assurance Act 2003 (2003 No 48).

Section 18(3): amended, on 18 September 2004, by section 175(1) of the Health Practitioners Competence Assurance Act 2003 (2003 No 48).

Section 18(4): repealed, on 10 May 2011, by section 9 of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).

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 Agency 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 Agency; 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 Agency a certificate to that effect and (if it is in his or her possession) return the licence to the Agency; 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 Agency for the return of his or her driver licence and the Agency 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 Agency must, as soon as practicable after the Agency 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(1)(a): amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

Section 19(1)(a): amended, on 1 December 2004, by section 10 of the Land Transport Amendment Act 2004 (2004 No 96).

Section 19(3)(a): amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

Section 19(3)(a): amended, on 1 December 2004, by section 10 of the Land Transport Amendment Act 2004 (2004 No 96).

Section 19(4): amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

Section 19(4): amended, on 1 December 2004, by section 10 of the Land Transport Amendment Act 2004 (2004 No 96).

Section 19(5): amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

Section 19(5): amended, on 1 December 2004, by section 10 of the Land Transport Amendment Act 2004 (2004 No 96).

Section 19(7): amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

Section 19(7): amended, on 1 December 2004, by section 10 of the Land Transport Amendment Act 2004 (2004 No 96).

20 Traffic surveys not to be conducted unless approved by Agency

(1)

A person may not, without the prior written consent of the Agency, conduct on a road a traffic survey that is likely to involve the stopping, delay, or diversion of vehicles.

(2)

The Agency may consent conditionally or unconditionally, and, if any condition is not complied with, the Agency may direct that the survey be discontinued.

Compare: 1962 No 135 s 76C

Section 20 heading: amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

Section 20(1): amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

Section 20(2): amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

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 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 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

Section 22(3): amended, on 1 October 2008, by section 124(2) of the Policing Act 2008 (2008 No 72).

Section 22(5): amended, on 1 October 2008, by section 124(3) of the Policing Act 2008 (2008 No 72).

Section 22(8): added, on 20 July 2005, by section 103(3) of the Railways Act 2005 (2005 No 37).

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.

(3A)

A person may not, without reasonable excuse, operate a motor vehicle on a road in a manner that contravenes a bylaw made under section 22AB or 22AC.

(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: inserted, on 2 May 2003, by section 5 of the Land Transport (Unauthorised Street and Drag Racing) Amendment Act 2003 (2003 No 11).

Section 22A(3A): inserted, on 1 December 2009, by section 7 of the Land Transport (Enforcement Powers) Amendment Act 2009 (2009 No 36).

Bylaws

Heading: inserted, on 1 December 2009, by section 8 of the Land Transport (Enforcement Powers) Amendment Act 2009 (2009 No 36).

22AB Road controlling authorities may make certain bylaws

(1)

A road controlling authority may make any bylaw that it thinks fit for 1 or more of the following purposes:

(a)

controlling, restricting, or prohibiting cruising, including (but not limited to)—

(i)

specifying the section of road or roads on which cruising is controlled, restricted, or prohibited:

(ii)

prescribing the period of time that must elapse between each time a driver drives on a specified section of road for the driver to avoid being regarded as cruising:

(b)

prescribing fines, not exceeding $500, for the breach of any bylaw made under this section.

Vehicle and road use

(c)

prohibiting or restricting, absolutely or conditionally, any specified class of traffic (whether heavy traffic or not), or any specified motor vehicles or class of motor vehicle that, by reason of its size or nature or the nature of the goods carried, is unsuitable for use on any road or roads:

(d)

for the safety of the public or for the better preservation of any road,—

(i)

fixing the maximum speed of vehicles or of specified classes of vehicles on any road:

(ii)

designating any area, where that designation will have the effect of determining the speed limit in that area:

(e)

prohibiting or restricting engine braking in any area where the permanent speed limit does not exceed 70 kilometres per hour:

(f)

prohibiting or restricting the use of vehicles on beaches:

(g)

restricting the use of motor vehicles on unformed legal roads for the purposes of protecting the environment, the road and adjoining land, and the safety of road users:

(h)

prescribing the use of roads and cycle tracks, and the construction of anything on, over, or under a road or cycle track:

Heavy traffic

(i)

providing for the giving and taking of security by or from any person that no special damage will occur to any road, bridge, culvert, ferry, or ford by reason of any heavy traffic:

(j)

prohibiting any specified class of heavy traffic that has caused or is likely to cause serious damage to any road, unless the cost of reinstating or strengthening the road, as estimated by the Minister or the relevant road controlling authority, as the case may be, is paid previously:

(k)

providing for the annual or other payment of any reasonable sum by any person concerned in any heavy traffic by way of compensation for any damage likely to occur as a result of the heavy traffic to any road, bridge, culvert, ferry, or ford:

(l)

providing for the establishment, in accordance with section 361 of the Local Government Act 1974, of a toll to be levied on any class of heavy traffic:

Parking

(m)

prohibiting or restricting, subject to the erection of the prescribed signs, the stopping, standing, or parking of vehicles on any road; limiting the stopping, standing, or parking of vehicles on any road to vehicles of any specified class or description; limiting the period of time that vehicles may park on any part of the road where parking is limited to such vehicles; and providing that a vehicle used for the time being for any specified purpose must be treated for the purposes of the bylaw to be of a specified class or description, whether or not the vehicle belongs to any other class or description for any other purpose:

(n)

prohibiting or restricting, subject to the erection of the prescribed signs, the parking of heavy motor vehicles, or any specified class or description of heavy motor vehicle, on any specified road during specified hours or for a period that exceeds a specified period:

(o)

prescribing the use of parking places and transport stations, which includes (but is not limited to)—

(i)

specifying the vehicles or classes of vehicle that may be entitled to use any parking place or transport station:

(ii)

reserving any specified parking place or transport station for use, either generally or at specified times, only by members of the judiciary, medical practitioners, members of the diplomatic corps or consular corps, or disabled persons as defined in section 2 of the Disabled Persons Community Welfare Act 1975:

(iii)

if in the relevant road controlling authority’s opinion it would be reasonable to reserve parking places or transport stations for use by persons who reside in the vicinity,—

(A)

reserving specified parking places or transport stations for those persons to use, either generally or at specified times; and

(B)

setting the fees that those persons must pay to the relevant road controlling authority, whether annual or otherwise, for the use of those parking places or transport stations (provided that the fees do not exceed the reasonable cost to the relevant road controlling authority of the service involved in granting a permit to park in any parking place or transport station, collecting fees, or otherwise in relation to the reserving of any parking place or transport station):

(iv)

prohibiting or restricting parking (being the stopping or standing of a vehicle for a period in excess of that specified in the bylaws) on specified roads or part of roads in residential areas by specified classes of vehicles, either generally or at specified times, where in the relevant road controlling authority’s opinion the parking is likely to cause a nuisance or danger:

(v)

prescribing the conditions under which any parking place or transport station may be used:

(vi)

prescribing the charges to be paid to the relevant road controlling authority in connection with the use of any parking place or transport station, as measured by parking meters or in any other manner specified in the bylaws:

(vii)

providing for the removal of vehicles from parking places or transport stations or roads where those vehicles are using those places or stations in breach of the bylaws, and requiring the payment of the reasonable cost of such removal:

Signs and markings

(p)

providing that, subject to the erection of the prescribed signs, vehicles on roads must travel in 1 specified direction only:

(q)

prohibiting, subject to the erection of the prescribed signs, vehicles on a roadway turning from facing or travelling in 1 direction to facing or travelling in the opposite direction, or prohibiting vehicles on a road, other than vehicles of a specified class, from turning to the right or to the left:

(r)

prescribing, subject to the marking of lanes on the roadway, that on any road any traffic lane may be used or any turning movement may be made only by buses, taxis, or vehicles of other specified classes or vehicles carrying specified classes of loads or no fewer than a specified number of occupants:

Livestock

(s)

prohibiting, either absolutely or conditionally, the crossing of any bridge or culvert by horses, cattle, sheep, pigs, or other animals, or vehicles and regulating the times at which or the manner in which any horses, cattle, sheep, pigs, or other animals, or vehicles, may cross or be taken over any bridge or culvert:

(t)

prescribing the routes by which and the times at which horses, cattle, sheep, pigs, or other animals, or specified classes of vehicles, may pass over any road:

(u)

prohibiting the driving of loose horses, cattle, sheep, pigs, or other animals along any road, otherwise than at the times and by the routes so prescribed, except with the permission of the Minister or of the relevant road controlling authority, as the case may be, and on the conditions that the Minister or the relevant road controlling authority, as the case may be, thinks fit:

(v)

prohibiting, either absolutely or conditionally, the driving of horses, cattle, sheep, pigs, or other animals along any road, and requiring that no horses, cattle, sheep, pigs, or other animals may be taken upon or enter any road unless they are confined within a motor vehicle:

Displays, vegetation, and access

(w)

regulating the use of any means of access constructed under section 319(1) of the Local Government Act 1974:

(x)

requiring the owner or occupier of any area of land on which a building is situated or the owner or occupier of any building or part of a building, being land or a building or part of a building to which a number has been allocated under section 319B of the Local Government Act 1974, to display that number in a position visible from the road:

(y)

regulating, controlling, or prohibiting the display or continuance of the display of posters, placards, handbills, writings, pictures, or devices for advertising or other purposes on or over public buildings or bridges, or on or over buildings, walls, fences, posts, trees, pavements, or hoardings, that are situated—

(i)

in or on or adjoining any land or road that is the property of, or under the control of, the relevant road controlling authority; or

(ii)

where that display is visible from a road or public place:

(z)

restricting or prohibiting the planting or erection, at or within a specified distance from corners, bends, or intersections on roads, of trees, shrubs, hedges, scrub, or other growth, or of fences or walls, that, in the opinion of the relevant road controlling authority are, or are likely to constitute, a source of nuisance or danger to traffic, and requiring the trimming or cutting down of such trees, shrubs, hedges, scrub, or other growth:

(za)

requiring any allotment in such parts of the district as are specified in the bylaws to be fenced along its line of frontage to any road and to be kept clear of noxious plants:

(zb)

prohibiting the cutting of grass for seed on roads or on any specified roads without the previous consent in writing of the relevant road controlling authority, either at all times or during any specified part of the year:

(zc)

regulating the use of, and protecting, grass plots, flower beds, and shrubberies laid out in roads or on land vested in or under the control of the relevant road controlling authority by or under the authority of the relevant road controlling authority, and protecting trees growing on any roads or on land vested in or under the control of the relevant road controlling authority (whether or not planted by the relevant road controlling authority):

(zd)

regulating or prohibiting the construction of cellars or the making of excavations within a specified distance from any road or any adjoining land, and preventing cellars and excavations from becoming a receptacle for stagnant water or other impure matter:

Weights

(ze)

providing for—

(i)

the weighing or measurement of vehicle loads:

(ii)

the computation of the weight or measurement of loads from the cubical or superficial measurements of vehicle loads:

(zf)

prescribing the quantity of material that, for the purpose of a computation, may be conclusively treated as a specified weight or measurement of vehicle loads from the cubical or superficial measurements of vehicle loads:

(zg)

providing for the drivers of vehicles to—

(i)

give information as to vehicle loads and as to the quantity, weight, size, or measurement of vehicle loads:

(ii)

do any thing for the purpose of enabling the quantity, weight, size, or measurement of the loads to be ascertained, as may be requested by any person authorised in this regard:

(zh)

regulating the weights of vehicles or loads that may pass over bridges or culverts:

Pedlars

(zi)

prohibiting or permitting the occupation of stands or stalls (including vehicles used as stalls) by hawkers, pedlars, and keepers of mobile or travelling shops (subject, in the case of a State highway, to the prior consent of the Agency and to any conditions imposed by the Agency)—

(i)

in roads, public places, and State highways as the relevant road controlling authority thinks fit; or

(ii)

in specified roads or State highways or parts of specified roads or State highways; or

(iii)

in any public place adjoining specified roads or State highways or parts of specified roads or State highways if the presence of the stall or stand is likely to cause an obstruction or a danger to traffic:

(zj)

prescribing charges in respect of any permits that may be granted in relation to matters specified in paragraph (zi):

General

(zk)

regulating any road-related matters not addressed by paragraphs (a) to (zj), including (but not limited to) enhancing or promoting road safety or providing protection for the environment.

(2)

A bylaw made under subsection (1) may apply—

(a)

to all roads, any specified road, or any part of a specified road under the care, control, or management of the road controlling authority making the bylaw:

(b)

to all vehicles or traffic or to any specified class or classes of vehicles or traffic using a road under the care, control, or management of the road controlling authority making the bylaw:

(c)

at any specified time or times.

(3)

A bylaw made under subsection (1) may leave any matter or thing to be regulated, controlled, or prohibited by the road controlling authority by resolution generally, for any specified classes of case, or in a particular case.

(3A)

A relevant road controlling authority may, by resolution that is publicly notified, limit a parking place or transport station or any specified part of that parking place or transport station to vehicles belonging to or used by particular persons or classes of persons or to vehicles used for particular public purposes.

(3B)

If, under subsection (3A), a parking place or transport station is limited to vehicles belonging to or used by particular persons or classes of persons or to vehicles used for particular public purposes, no person in charge of any other vehicle may allow the vehicle to stand in the parking place or transport station.

(4)

A copy of every bylaw made under this section by a road controlling authority must, within 1 week after being made, be sent by the road controlling authority to the Minister, who may at any time disallow the bylaw or any part of the bylaw under section 22AC.

(5)

Nothing in this section—

(a)

applies to any railway on, over, or across any road; or

(b)

limits any provision in this Act or any other Act, or any provision in any rules or regulations made under this Act or any other Act, regarding the regulation of traffic on roads; or

(c)

limits the power to make bylaws conferred on a road controlling authority under any other Act.

(6)

In this section,—

keeper, in relation to a mobile or travelling shop, means the person by whom or on whose behalf any business is carried on by means of the mobile or travelling shop

mobile or travelling shop

(a)

means a vehicle, whether self-propelled or not, from which goods, wares, or merchandise are offered or available for sale in the road, or from which goods, wares, or merchandise may be ordered in the road (whether or not in response to any invitation) or from which services are offered for sale in the road; but

(b)

does not include any vehicle on or from which food is sold for consumption in or at the vehicle, or any vehicle used for the purpose of transporting and delivering goods, wares, or merchandise ordered previously

parking place has the same meaning as in section 591(6) of the Local Government Act 1974

railway has the same meaning as in section 4(1) of the Railways Act 2005

transport station has the same meaning as in section 591(6) of the Local Government Act 1974.

Section 22AB: inserted, on 1 December 2009, by section 8 of the Land Transport (Enforcement Powers) Amendment Act 2009 (2009 No 36).

Section 22AB(1)(c) heading: added, on 10 May 2011, by section 10(1) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).

Section 22AB(1)(c): added, on 10 May 2011, by section 10(1) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).

Section 22AB(1)(d): replaced, on 22 July 2015, by section 11 of the Land Transport (Speed Limits Validation and Other Matters) Act 2015 (2015 No 64).

Section 22AB(1)(e): added, on 10 May 2011, by section 10(1) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).

Section 22AB(1)(f): added, on 10 May 2011, by section 10(1) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).

Section 22AB(1)(g): added, on 10 May 2011, by section 10(1) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).

Section 22AB(1)(h): added, on 10 May 2011, by section 10(1) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).

Section 22AB(1)(i) heading: added, on 10 May 2011, by section 10(1) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).

Section 22AB(1)(i): added, on 10 May 2011, by section 10(1) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).

Section 22AB(1)(j): added, on 10 May 2011, by section 10(1) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).

Section 22AB(1)(k): added, on 10 May 2011, by section 10(1) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).

Section 22AB(1)(l): added, on 10 May 2011, by section 10(1) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).

Section 22AB(1)(m) heading: added, on 10 May 2011, by section 10(1) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).

Section 22AB(1)(m): added, on 10 May 2011, by section 10(1) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).

Section 22AB(1)(n): added, on 10 May 2011, by section 10(1) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).

Section 22AB(1)(o): added, on 10 May 2011, by section 10(1) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).

Section 22AB(1)(p) heading: added, on 10 May 2011, by section 10(1) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).

Section 22AB(1)(p): added, on 10 May 2011, by section 10(1) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).

Section 22AB(1)(q): added, on 10 May 2011, by section 10(1) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).

Section 22AB(1)(r): added, on 10 May 2011, by section 10(1) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).

Section 22AB(1)(s) heading: added, on 10 May 2011, by section 10(1) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).

Section 22AB(1)(s): added, on 10 May 2011, by section 10(1) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).

Section 22AB(1)(t): added, on 10 May 2011, by section 10(1) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).

Section 22AB(1)(u): added, on 10 May 2011, by section 10(1) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).

Section 22AB(1)(v): added, on 10 May 2011, by section 10(1) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).

Section 22AB(1)(w) heading: added, on 10 May 2011, by section 10(1) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).

Section 22AB(1)(w): added, on 10 May 2011, by section 10(1) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).

Section 22AB(1)(x): added, on 10 May 2011, by section 10(1) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).

Section 22AB(1)(y): added, on 10 May 2011, by section 10(1) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).

Section 22AB(1)(z): added, on 10 May 2011, by section 10(1) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).

Section 22AB(1)(za): added, on 10 May 2011, by section 10(1) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).

Section 22AB(1)(zb): added, on 10 May 2011, by section 10(1) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).

Section 22AB(1)(zc): added, on 10 May 2011, by section 10(1) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).

Section 22AB(1)(zd): added, on 10 May 2011, by section 10(1) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).

Section 22AB(1)(ze) heading: added, on 10 May 2011, by section 10(1) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).

Section 22AB(1)(ze): added, on 10 May 2011, by section 10(1) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).

Section 22AB(1)(zf): added, on 10 May 2011, by section 10(1) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).

Section 22AB(1)(zg): added, on 10 May 2011, by section 10(1) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).

Section 22AB(1)(zh): added, on 10 May 2011, by section 10(1) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).

Section 22AB(1)(zi) heading: added, on 10 May 2011, by section 10(1) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).

Section 22AB(1)(zi): added, on 10 May 2011, by section 10(1) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).

Section 22AB(1)(zj): added, on 10 May 2011, by section 10(1) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).

Section 22AB(1)(zk) heading: added, on 10 May 2011, by section 10(1) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).

Section 22AB(1)(zk): added, on 10 May 2011, by section 10(1) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).

Section 22AB(3A): inserted, on 10 May 2011, by section 10(2) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).

Section 22AB(3B): inserted, on 10 May 2011, by section 10(2) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).

Section 22AB(6): substituted, on 10 May 2011, by section 10(3) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).

22AC Minister may amend, replace, or disallow bylaws

(1)

The Minister may, by notice published in the Gazette, amend, replace, or disallow, either wholly or in part, any bylaw made by a road controlling authority under section 22AB or any other enactment (whether before or after the commencement of this section) if the bylaw—

(a)

is inconsistent with any enactment; or

(b)

is unreasonable or undesirable in so far as it relates to or may affect traffic.

(2)

On any disallowance under subsection (1), the bylaw must, to the extent to which it is disallowed, be treated as having been revoked.

(3)

Any disallowance under subsection (1) takes effect either on the day of the publication of the notice of disallowance in the Gazette or on a later date that may be specified in the notice.

Section 22AC: inserted, on 1 December 2009, by section 8 of the Land Transport (Enforcement Powers) Amendment Act 2009 (2009 No 36).

22AD Consultation

(1)

Section 156 of the Local Government Act 2002 applies to a bylaw under section 22AB made by a road controlling authority that is a local authority as if that bylaw had been made under that Act.

(1A)

Section 9(4) and (5) of the Airport Authorities Act 1966 applies to any bylaw made under section 22AB by a local authority or an airport authority in respect of an airport operated by that local authority or airport authority.

(2)

A road controlling authority that is not a local authority may not make a bylaw under section 22AB unless it has consulted with—

(a)

the occupiers of any properties adjoining the road to which the proposed bylaw would apply; and

(b)

any affected road controlling authorities that are responsible for roads that join, or are located near, the road to which the proposed bylaw would apply; and

(c)

the territorial authority for the area where the road is located; and

(d)

any affected local community; and

(e)

the Commissioner of Police; and

(f)

any other organisation or road user group that the road controlling authority considers affected; and

(g)

the Agency (if the road controlling authority is not the Agency).

(3)

The road controlling authority must—

(a)

give notice in writing to the persons specified in subsection (2) of the road controlling authority’s proposal to make, amend, or replace a bylaw; and

(b)

give those persons a reasonable time, which must be specified in the notice, to make submissions on the proposal.

Section 22AD: inserted, on 1 December 2009, by section 8 of the Land Transport (Enforcement Powers) Amendment Act 2009 (2009 No 36).

Section 22AD(1): replaced, on 22 July 2015, by section 12 of the Land Transport (Speed Limits Validation and Other Matters) Act 2015 (2015 No 64).

Section 22AD(1A): inserted, on 22 July 2015, by section 12 of the Land Transport (Speed Limits Validation and Other Matters) Act 2015 (2015 No 64).

22AE Publication and proof of bylaws

(1)

As soon as practicable after a bylaw is made, the road controlling authority must give public notice of the making of the bylaw, stating—

(a)

the date on which the bylaw comes into force; and

(b)

that copies of the bylaw may be inspected and obtained at the office of the relevant road controlling authority on payment of a specified amount.

(2)

A road controlling authority must—

(a)

keep copies of all its bylaws at the office of the road controlling authority; and

(b)

make its bylaws available for public inspection, without fee, at reasonable hours at the office of the road controlling authority; and

(c)

supply to any person, on request and on payment of a reasonable charge, a copy of any of its bylaws.

(3)

The production of any document purporting to contain a printed copy of any bylaw made under section 22AB and authenticated by the road controlling authority that made it is, until the contrary is proved, sufficient evidence of the existence and provisions of the bylaw.

Section 22AE: inserted, on 1 December 2009, by section 8 of the Land Transport (Enforcement Powers) Amendment Act 2009 (2009 No 36).

22AF Warning notices

(1)

If a motor vehicle is operated in a manner that breaches a qualifying bylaw, an enforcement officer may attach a warning notice to the motor vehicle (instead of, or in addition to, issuing an applicable infringement notice).

(2)

The warning notice must be—

(a)

in the form prescribed by the Minister of Police by notice in the Gazette; and

(b)

attached to the motor vehicle subject to the warning notice in a manner that—

(i)

is visible; but

(ii)

does not interfere with the driver’s view of the road.

(3)

A warning notice attached to a motor vehicle under subsection (1)—

(a)

is in effect for a period of 90 days from the date of its attachment; and

(b)

must remain attached to the motor vehicle for that period.

Section 22AF: inserted, on 1 December 2009, by section 8 of the Land Transport (Enforcement Powers) Amendment Act 2009 (2009 No 36).

Traction engine safety

Heading: inserted, on 16 January 2006, by section 11 of the Land Transport Amendment Act 2005 (2005 No 77).

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.

Section 22B: inserted, on 16 January 2006, by section 11 of the Land Transport Amendment Act 2005 (2005 No 77).

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.

Section 22C: inserted, on 16 January 2006, by section 11 of the Land Transport Amendment Act 2005 (2005 No 77).

Part 4 Driver licensing

23 Issue of driver licences

(1)

The Agency 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 Agency 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

Section 23(1): amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

Section 23(3): amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

24 Agency 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 Agency is satisfied there will be some delay in issuing the licence, the Agency 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 Agency 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 Agency or a person authorised by the Agency.

Section 24 heading: amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

Section 24(1): amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

Section 24(3): added, on 16 January 2006, by section 12 of the Land Transport Amendment Act 2005 (2005 No 77).

Section 24(3): amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

24A Authorised persons may request driver licences for certain persons

(1)

Despite section 23, the following persons may make a written request to the Agency to create and issue a driver licence for an assumed identity:

(a)

the Commissioner, for the purpose of protecting a person who—

(i)

is a Police employee or a person who is, has been, or may be a witness in any proceedings:

(ii)

needs protection because of his or her relationship to a person who is, has been, or may be a witness in any proceeding:

(iii)

needs protection because of his or her relationship to a Police employee:

(b)

the Director of Security, for the purpose of protecting a person who is, has been, or will be—

(i)

an employee or officer of the New Zealand Security Intelligence Service; or

(ii)

approved by the Director of Security to undertake activities for the New Zealand Security Intelligence Service:

(c)

the chief executive, for the purpose of protecting a person who is, has been, or will be—

(i)

a fishery officer; or

(ii)

approved by the chief executive to undertake activities for the Ministry.

(2)

The Agency may create and issue a driver licence for an assumed identity if the Agency receives a request under subsection (1)(a), (b), or (c).

(3)

New identity information is created by the Agency by omitting, amending, or adding to—

(a)

birth information, description information, name change information, or address information (including, if necessary, the creation of other identities to support the person’s new identity information); and

(b)

operational or administrative information as necessary, so that it supports the information described in paragraph (a).

(4)

The Agency may omit, amend, or add information as necessary if the Agency receives notification that the driver licence is no longer required, or has been compromised, from—

(a)

the Commissioner, in relation to the driver licence created as a result of a request under subsection (1)(a); or

(b)

the Director of Security, in relation to new identity information created as a result of a request under subsection (1)(b); or

(c)

the chief executive, in relation to the driver licence created as a result of a request under subsection (1)(c).

(5)

In this section,—

chief executive, fishery officer, and Ministry have the same meanings as in section 2(1) of the Fisheries Act 1996

Director of Security, employee, and officer have the same meanings as in section 2(1) of the New Zealand Security Intelligence Service Act 1969

Police employee means—

(a)

a person appointed under section 18 of the Policing Act 2008; or

(b)

a person—

(i)

who is a member of an overseas law enforcement agency that corresponds to the New Zealand Police; and

(ii)

whose identity is concealed for the purpose of carrying out a policing function approved by the Commissioner.

Compare: 1995 No 16 s 65

Section 24A: inserted, on 10 May 2011, by section 11 of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).

25 Minimum age for driver licensing

(1)

A person who is younger than 16 years may not hold or obtain a driver licence.

(2)

However, a person who holds a New Zealand driver licence immediately before 1 August 2011 and is younger than 16 years may continue to hold that driver licence.

(3)

A person referred to in subsection (2) may apply to the Agency to reinstate or replace that licence as necessary, or apply for a limited licence if an order has been made under section 105.

Compare: 1986 No 6 s 40(2)

Section 25(1): amended, on 1 August 2011, by section 12(1) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).

Section 25(2): added, on 1 August 2011, by section 12(2) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).

Section 25(3): added, on 1 August 2011, by section 12(2) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).

26 Drivers may be tested and examined

The Agency may require an applicant for a driver licence and holders of driver licences to—

(a)

complete courses that are approved by the Agency:

(b)

pass tests and examinations that are approved by the Agency.

Section 26: substituted, on 16 January 2006, by section 13 of the Land Transport Amendment Act 2005 (2005 No 77).

Section 26: amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

Section 26(a): amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

Section 26(b): amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

27 Suspension and revocation of licences

The Agency may suspend or revoke a driver licence in accordance with the regulations and the rules.

Section 27: amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

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 Agency must store the photographic image used for each licence until the licence expires.

Section 28(1)(g): amended, on 16 January 2006, by section 14(1) of the Land Transport Amendment Act 2005 (2005 No 77).

Section 28(4): amended, on 16 January 2006, by section 14(2) of the Land Transport Amendment Act 2005 (2005 No 77).

Section 28(4A): inserted, on 16 January 2006, by section 14(3) of the Land Transport Amendment Act 2005 (2005 No 77).

Section 28(4B): inserted, on 16 January 2006, by section 14(3) of the Land Transport Amendment Act 2005 (2005 No 77).

Section 28(4C): inserted, on 16 January 2006, by section 14(3) of the Land Transport Amendment Act 2005 (2005 No 77).

Section 28(5): amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

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: inserted, on 16 January 2006, by section 15 of the Land Transport Amendment Act 2005 (2005 No 77).

29 Certain driver licences have no effect

(1)

A driver licence has no effect if—

(a)

a person is disqualified from holding, or unqualified to hold, a driver licence:

(b)

the licence is invalid or is issued invalidly:

(c)

the licence is revoked, cancelled, superseded, or replaced:

(d)

the licence is for the time being suspended 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.

Section 29(1): substituted, on 10 May 2011, by section 13 of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).

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 Agency is, having regard to the criteria in section 29B(2)(b), 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).

Section 29A: inserted, on 16 January 2006, by section 16 of the Land Transport Amendment Act 2005 (2005 No 77).

Section 29A heading: amended, on 21 March 2006, by section 4(1) of the Land Transport Amendment Act 2006 (2006 No 2).

Section 29A(1): amended, on 21 March 2006, by section 4(2) of the Land Transport Amendment Act 2006 (2006 No 2).

Section 29A(3): substituted, on 21 March 2006, by section 4(3) of the Land Transport Amendment Act 2006 (2006 No 2).

Section 29A(3)(b): amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

Section 29A(3)(b): amended, on 20 September 2007, by section 4 of the Land Transport Amendment Act 2007 (2007 No 66).

Section 29A(4): added, on 21 March 2006, by section 4(3) of the 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 Agency 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 Agency

(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 Agency considers relevant, including (but not limited to) submissions by any affected party.

(3)

If the Agency 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 Agency’s decision.

(4)

If the Agency 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).

Section 29B: substituted, on 21 March 2006, by section 5(1) of the Land Transport Amendment Act 2006 (2006 No 2).

Section 29B(1): amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

Section 29B(2): amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

Section 29B(2)(b)(vi): amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

Section 29B(3): amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

Section 29B(4): amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

30 Driver licences are property of Agency and are to be surrendered in certain circumstances

(1)

Driver licences are the property of the Agency and, except where section 19 or subsection (4B) applies, must be surrendered or forwarded to the Agency 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 Agency 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 constable or at any office of the Agency.

(3A)

If an enforcement officer has suspended a person’s driver licence in accordance with section 90(2), the person must immediately surrender his or her licence to the officer.

(4)

A person who receives a driver licence under subsection (3), (3A), (4A)(b) or (c), or (4B) must immediately forward it to the Agency.

(4A)

The holder of a driver licence must, if that licence is superseded by another driver licence, surrender that driver licence to—

(a)

the Agency; or

(b)

a person appointed by the Agency; or

(c)

a constable.

(4B)

A person on whom a driver licence stop order is imposed must,—

(a)

if the order is served in a way other than that described in section 91B(1)(a), deliver or post his or her driver licence to an employee or agent of the Ministry of Justice at an office of that Ministry or at a District Court:

(b)

if the order is served in the way described in section 91B(1)(a), surrender his or her driver licence to the employee or agent of the Ministry of Justice, or to the enforcement officer, who serves the order.

(5)

The Agency must, subject to sections 82A, 83, and 105(6A) and as soon as practicable after being satisfied that a person is entitled to apply for and be granted a driver licence,—

(a)

issue a new driver licence to the person when the disqualification or suspension expires or is removed; or

(b)

in the case where a court authorises the issue of an alcohol interlock licence, issue an alcohol interlock licence to the person; or

(c)

in the case where a court authorises the issue of a zero alcohol licence, issue a zero alcohol licence to the person; or

(d)

in the case where a court authorises the issue of a limited licence, issue a limited licence to the person.

Section 30 heading: amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

Section 30 heading: amended, on 22 June 2005, by section 17(1) of the Land Transport Amendment Act 2005 (2005 No 77).

Section 30(1): amended, on 1 November 2013, by section 5(1) of the Land Transport Amendment Act 2011 (2011 No 31).

Section 30(1): amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

Section 30(1): amended, on 22 June 2005, by section 17(2) of the Land Transport Amendment Act 2005 (2005 No 77).

Section 30(2): amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

Section 30(3): amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).

Section 30(3): amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

Section 30(3A): inserted, on 20 September 2007, by section 5(1) of the Land Transport Amendment Act 2007 (2007 No 66).

Section 30(4): amended, on 1 November 2013, by section 5(2) of the Land Transport Amendment Act 2011 (2011 No 31).

Section 30(4): amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

Section 30(4): amended, on 20 September 2007, by section 5(2) of the Land Transport Amendment Act 2007 (2007 No 66).

Section 30(4A): inserted, on 22 June 2005, by section 17(3) of the Land Transport Amendment Act 2005 (2005 No 77).

Section 30(4A)(a): amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

Section 30(4A)(b): amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

Section 30(4A)(c): amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).

Section 30(4B): inserted, on 1 November 2013, by section 5(3) of the Land Transport Amendment Act 2011 (2011 No 31).

Section 30(5): substituted, on 10 May 2011, by section 14 of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).

Part 4A Transport services licensing

Part 4A: inserted, on 1 October 2007, by section 18 of the Land Transport Amendment Act 2005 (2005 No 77).

Subpart 1—Primary responsibilities of holders of transport service licences

Subpart 1: inserted, on 1 October 2007, by section 18 of the Land Transport Amendment Act 2005 (2005 No 77).

30A Requirements for vehicles

(1)

A holder of a transport service licence must ensure that—

(a)

every vehicle to be used in connection with the service is maintained in a fit and proper condition and that the requirements of any Act, regulation, or rule made for this purpose are met:

(b)

no vehicle is used in connection with the service unless and until all fees payable in respect of the vehicle and the service under any Act, regulation, or bylaw have been duly paid or appropriate arrangements have been made for payment.

(2)

The holder of any transport service licence must, whenever required to do so by the Agency, present for inspection any vehicle that is used in the service.

(3)

No evidence of vehicle inspection may be issued in respect of a transport service vehicle unless the person issuing the evidence of vehicle inspection has been notified of the transport service licence number under which the vehicle is being operated.

(4)

No person may use a transport service vehicle if that vehicle has suffered serious damage until the vehicle has been inspected and passed as being safe by a person authorised by the Agency, or the owner of the vehicle has been informed by such a person that the vehicle is not to be inspected.

Compare: 1989 No 74 ss 31, 33

Section 30A: inserted, on 1 October 2007, by section 18 of the Land Transport Amendment Act 2005 (2005 No 77).

Section 30A(2): amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

Section 30A(4): amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

30B Provision of identification information in Braille

The holder of a transport service licence under which a taxi is operated and the driver of that taxi must, in accordance with any regulations or rules, ensure that the following identification information is provided in Braille:

(a)

the name of the approved taxi organisation; and

(b)

the unique fleet number assigned to the taxi; and

(c)

the approved taxi organisation’s telephone number for complaints.

Section 30B: inserted, on 1 October 2007, by section 18 of the Land Transport Amendment Act 2005 (2005 No 77).

Subpart 2—Fit and proper person test

Subpart 2: inserted, on 1 October 2007, by section 18 of the Land Transport Amendment Act 2005 (2005 No 77).

Assessment criteria

Heading: inserted, on 1 October 2007, by section 18 of the Land Transport Amendment Act 2005 (2005 No 77).

30C General safety criteria

(1)

When assessing whether or not a person is a fit and proper person in relation to any transport service, the Agency must consider, in particular, any matter that the Agency considers should be taken into account—

(a)

in the interests of public safety; or

(b)

to ensure that the public is protected from serious or organised criminal activity.

(2)

For the purpose of determining whether or not a person is a fit and proper person for any of the purposes of this Part, the Agency may consider, and may give any relative weight that the Agency thinks fit having regard to the degree and nature of the person’s involvement in any transport service, to the following matters:

(a)

the person’s criminal history (if any):

(b)

any offending by the person in respect of transport-related offences (including any infringement offences):

(c)

any history of serious behavioural problems:

(d)

any complaints made in relation to any transport service provided or operated by the person or in which the person is involved, particularly complaints made by users of the service:

(e)

any history of persistent failure to pay fines incurred by the person in respect of transport-related offences:

(f)

any other matter that the Agency considers it is appropriate in the public interest to take into account.

(3)

In determining whether or not a person is a fit and proper person for any of the purposes of this Part, the Agency may consider—

(a)

any conviction for an offence, whether or not—

(i)

the conviction was in a New Zealand court; or

(ii)

the offence was committed before the commencement of this Part or corresponding former enactment; or

(iii)

the person incurred demerit points under this Act or a corresponding former enactment in respect of the conviction; and

(b)

the fact that the person has been charged with any offence that is of such a nature that the public interest would seem to require that a person convicted of committing such an offence not be considered to be fit and proper for the purposes of this section.

(4)

Despite subsection (3), the Agency may take into account any other matters and evidence as the Agency considers relevant.

Compare: 1989 No 74 s 24(1), (2)(d), (3)

Section 30C: inserted, on 1 October 2007 (with effect on 21 March 2006 for the purposes of section 29B(2)(b)(v)), by section 18 of the Land Transport Amendment Act 2005 (2005 No 77).

Section 30C(1): amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

Section 30C(2): amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

Section 30C(2)(f): amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

Section 30C(3): amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

Section 30C(4): amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

30D Additional criteria for small passenger service vehicles and vehicle recovery service

Without in any way limiting the matters that the Agency may consider under section 30C(2), when the Agency is assessing whether or not a person is a fit and proper person in relation to any passenger service involving the use of small passenger service vehicles, or to any vehicle recovery service, the Agency must consider, in particular,—

(a)

any history of serious behavioural problems:

(b)

any offending in respect of offences of violence, sexual offences, drugs offences, arms offences, or offences involving organised criminal activities:

(c)

any offending in respect of major transport-related offences, particularly offences relating to safety or to road user charges:

(d)

any persistent offending of any kind:

(e)

any complaints in respect of the person or any transport service operated by the person that are of a persistent or serious nature.

Compare: 1989 No 74 s 24(2)(a)

Section 30D: inserted, on 1 October 2007, by section 18 of the Land Transport Amendment Act 2005 (2005 No 77).

Section 30D: amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

30E Additional criteria for large passenger service vehicles

Without in any way limiting the matters that the Agency may have regard to under section 30C(2), when the Agency is assessing whether or not a person is a fit and proper person in relation to any passenger service involving the use of large passenger service vehicles, the Agency must consider, in particular,—

(a)

any history of serious behavioural problems that indicate a propensity for violence:

(b)

any offending in respect of offences of violence or sexual offences:

(c)

any offending in respect of major transport-related offences, particularly offences relating to safety or to road user charges.

Compare: 1989 No 74 s 24(2)(b)

Section 30E: inserted, on 1 October 2007, by section 18 of the Land Transport Amendment Act 2005 (2005 No 77).

Section 30E: amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

30F Additional criteria for goods service

Without in any way limiting the matters that the Agency may have regard to under section 30C(2), when the Agency is assessing whether or not a person is a fit and proper person in relation to any goods service, the Agency must consider, in particular,—

(a)

any criminal activity conducted in the course of any transport service or transport-related business or employment:

(b)

any offending in respect of major transport-related offences, particularly offences relating to safety or to road user charges.

Compare: 1989 No 74 s 24(2)(c)

Section 30F: inserted, on 1 October 2007, by section 18 of the Land Transport Amendment Act 2005 (2005 No 77).

Section 30F: amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

Information requirements

Heading: inserted, on 1 October 2007, by section 18 of the Land Transport Amendment Act 2005 (2005 No 77).

30G Agency may require information for fit and proper person assessment

The Agency may, for the purpose of determining whether or not a person is a fit and proper person for any of the purposes of this Act,—

(a)

seek and receive any information that the Agency thinks fit; and

(b)

consider information obtained from any source.

Compare: 1989 No 74 s 24(4)

Section 30G: inserted, on 1 October 2007, by section 18 of the Land Transport Amendment Act 2005 (2005 No 77).

Section 30G heading: amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

Section 30G: amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

Section 30G(a): amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

30H Agency’s duties concerning prejudicial information

If the Agency proposes to take into account any information that is or may be prejudicial to the person, the Agency must, subject to section 30I(1) and to subpart 5, disclose that information to the person and, in accordance with subpart 5, give the person a reasonable opportunity to refute or comment on it.

Compare: 1989 No 74 s 24(5)

Section 30H: inserted, on 1 October 2007, by section 18 of the Land Transport Amendment Act 2005 (2005 No 77).

Section 30H heading: amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

Section 30H: amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

30I Non-disclosure by Agency of information for safety reasons

(1)

Nothing in section 30H requires the Agency to disclose any information the disclosure of which would be likely to endanger the safety of any person.

(2)

If the Agency determines not to disclose any information in reliance on subsection (1), the Agency must inform the person of the fact of non-disclosure and,—

(a)

in the case of non-disclosure to an individual of information about the individual,—

(i)

inform the individual that he or she may, under the Privacy Act 1993, complain to the Privacy Commissioner about that non-disclosure; and

(ii)

the provisions of that Act apply to that non-disclosure as if, following a request under that Act for the information withheld, the information has been withheld in reliance on section 27(1)(d) of that Act; and

(b)

in any other case,—

(i)

inform the person that the person may seek a review by an Ombudsman of that non-disclosure under the Official Information Act 1982; and

(ii)

the provisions of that Act apply to that non-disclosure as if, following a request under that Act for the information withheld, the information had been withheld in reliance on section 6(d) of that Act.

Compare: 1989 No 74 s 24(6), (7)

Section 30I: inserted, on 1 October 2007, by section 18 of the Land Transport Amendment Act 2005 (2005 No 77).

Section 30I heading: amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

Section 30I(1): amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

Section 30I(2): amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

Subpart 3—Licensing of transport services

Subpart 3: inserted, on 1 October 2007, by section 18 of the Land Transport Amendment Act 2005 (2005 No 77).

30J Transport service operators may not carry on certain transport services unless licensed to do so

A transport service operator may not carry on any of the following transport services unless licensed to do so:

(a)

goods service:

(b)

passenger service:

(c)

rental service:

(d)

vehicle recovery service.

Section 30J: inserted, on 1 October 2007, by section 18 of the Land Transport Amendment Act 2005 (2005 No 77).

30K Application for transport service licence

(1)

Every application for a transport service licence must be—

(a)

made in accordance with the regulations and the rules; and

(b)

accompanied by the fee (if any) required by the regulations.

(2)

A person may not hold or apply for a transport service licence while he or she is disqualified under this Act or any other Act from holding or obtaining a transport service licence.

Compare: 1989 No 74 s 6

Section 30K: inserted, on 1 October 2007, by section 18 of the Land Transport Amendment Act 2005 (2005 No 77).

30L Grant of licence

(1)

After considering an application for a transport service licence, the Agency may grant the licence only if the Agency is satisfied that—

(a)

the applicant is a fit and proper person to hold a transport service licence; and

(b)

any person who is to have, or is likely to have, control or involvement in the operation of the transport service is a fit and proper person to have such control or involvement; and

(c)

the applicant or any person who is to have control of the service is the holder of the appropriate certificate (if any) required by the regulations or the rules; and

(d)

all relevant requirements of this Act, the regulations, and the rules have been complied with.

(2)

In determining whether or not a person is a fit and proper person to operate, control, or have an involvement in, a transport service, the Agency must consider the matters specified in subpart 2.

(3)

Subpart 5 applies to a decision not to grant a transport service licence.

Compare: 1989 No 74 s 8(1), (2)

Section 30L: inserted, on 1 October 2007, by section 18 of the Land Transport Amendment Act 2005 (2005 No 77).

Section 30L(1): amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

Section 30L(2): amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

30M Conditions of transport service licences

Despite section 30L(1) and (2), the Agency may grant the licence on such conditions as the Agency may specify on the licence or in writing to the holder if the applicant applies for a goods service licence and the Agency

(a)

is not satisfied that the applicant is a fit and proper person to operate a goods service under the licence sought; but

(b)

is satisfied that—

(i)

the applicant is a fit and proper person to operate a goods service under a licence to carry the applicant’s own goods, if specified conditions are imposed; and

(ii)

the grant of such a licence is not contrary to the public interest.

Compare: 1989 No 74 s 8(3)

Section 30M: inserted, on 1 October 2007, by section 18 of the Land Transport Amendment Act 2005 (2005 No 77).

Section 30M: amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

30N Transfer, assignment, or lease of transport service licence prohibited

(1)

A transport service licence may not be transferred, leased, or assigned to any person.

(2)

Nothing in subsection (1) prevents the carrying on of a transport service under a transport service licence that was previously held by a deceased person or a person permanently mentally incapacitated, for a period not exceeding 6 months following the death or incapacitation of the person,—

(a)

by the personal representative of the deceased or incapacitated person; or

(b)

by any other person under an arrangement with the personal representative.

Compare: 1989 No 74 s 26(1), (2)

Section 30N: inserted, on 1 October 2007, by section 18 of the Land Transport Amendment Act 2005 (2005 No 77).

30O Term of transport service licence

(1)

A transport service licence takes effect on the day it is granted and continues in force until it is—

(a)

surrendered under subsection (2); or

(b)

deemed to be surrendered under subsection (3); or

(c)

revoked under section 30S.

(2)

The holder of a transport service licence may surrender the transport service licence at any time by written notice to the Agency.

(3)

If no vehicle has been operated under a transport service licence for a period of 2 years, the licence is deemed to have been surrendered.

(4)

No transport service licence for a transport service operated by any of the following may be suspended or revoked for any reason:

(a)

the Armed Forces; or

(b)

the Fire Services Commission; or

(c)

the Police; or

(d)

any emergency service organisation approved by the Agency for the purposes of this section.

Compare: 1989 No 74 ss 3(2), 27, 28

Section 30O: inserted, on 1 October 2007, by section 18 of the Land Transport Amendment Act 2005 (2005 No 77).

Section 30O(2): amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

Section 30O(4)(d): amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

30P Agency may grant applications for approved taxi organisations

(1)

The Agency may grant an application by a person or an organisation to be an approved taxi organisation.

(2)

An application by a person or organisation to be an approved taxi organisation must be made in accordance with the regulations or the rules.

(3)

An approved taxi organisation must comply with the requirements relating to an approved taxi organisation specified in the regulations or the rules.

(4)

A holder of a passenger service licence may not operate a taxi service under that licence unless the licence holder is a member of an approved taxi organisation.

Compare: 1989 No 74 ss 20, 21(1)

Section 30P: inserted, on 1 October 2007, by section 18 of the Land Transport Amendment Act 2005 (2005 No 77).

Section 30P heading: amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

Section 30P(1): amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

30Q Circumstances in which Agency must grant applications for approved taxi organisations

(1)

Despite section 30P(1), the Agency must grant an application if the Agency is satisfied that—

(a)

the applicant is—

(i)

a person who holds, or has made an application for, a passenger service licence; or

(ii)

an organisation that represents operators of taxi services; and

(b)

any person who will have, or is likely to have, control of the proposed taxi organisation is a fit and proper person, within the meaning of subpart 2, to have control of the proposed taxi organisation; and

(c)

any person who will have, or is likely to have, control of the proposed taxi organisation holds the appropriate certificate (if any) required by the regulations or the rules; and

(d)

the operating rules, rosters, and other internal operating procedures of the proposed taxi organisation are likely to provide adequate control over the proposed taxi organisation’s members and their drivers; and

(e)

the proposed taxi organisation’s members and their drivers have the ability to meet the relevant requirements of the regulations and the rules; and

(f)

the proposed taxi organisation is likely to be able to meet the relevant requirements of the regulations and the rules; and

(g)

the signage of the proposed taxi organisation is sufficiently distinguishable from the signage of any other approved taxi organisation operating in the same area.

(2)

Approval of an application includes approval of the proposed operating rules for the proposed taxi organisation.

(3)

Subpart 5 applies to a decision not to grant an application.

Compare: 1989 No 74 s 21(3), (3A), (4)

Section 30Q: inserted, on 1 October 2007, by section 18 of the Land Transport Amendment Act 2005 (2005 No 77).

Section 30Q heading: amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

Section 30Q(1): amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

30R Agency may revoke approval

(1)

The Agency may revoke any approval granted under section 30P(1) or section 30Q(1) if—

(a)

the person or organisation has been convicted 3 times or more of an offence against this Act or the regulations; or

(b)

the person or organisation no longer meets the criteria to be an approved taxi organisation; or

(c)

the Agency is satisfied that the person or organisation, or any person in control of the organisation,—

(i)

is not a fit and proper person, within the meaning of subpart 2, to have control of an approved taxi organisation; or

(ii)

is not a fit and proper person to have control of an approved taxi organisation because the drivers within that approved taxi organisation have failed to maintain, in accordance with the regulations or the rules,—

(A)

an adequate area knowledge; or

(B)

an appropriate ability to communicate in the English language; or

(iii)

is unable to maintain adequate control over the activities of its members or their drivers in accordance with—

(A)

the organisation’s operating rules; and

(B)

any relevant regulations or rules made under this Act.

(2)

Subpart 5 applies to a decision to revoke an approval.

Compare: 1989 No 74 s 23

Section 30R: inserted, on 1 October 2007, by section 18 of the Land Transport Amendment Act 2005 (2005 No 77).

Section 30R heading: amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

Section 30R(1): amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

Section 30R(1)(c): amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

Subpart 4—Revocation of transport service licences

Subpart 4: inserted, on 1 October 2007, by section 18 of the Land Transport Amendment Act 2005 (2005 No 77).

30S When Agency may revoke transport service licence

(1)

The Agency may revoke a transport service licence if the Agency is satisfied that—

(a)

the holder of the transport service licence is not a fit and proper person to be the holder of a transport service licence; or

(b)

any person having control of the service, or any person who has an involvement in the operation of the service, is not a fit and proper person to have control of, or be involved in, the operation of the service.

(2)

Subpart 5 applies to a decision to revoke a transport service licence.

Compare: 1989 No 74 s 11(1)

Section 30S: inserted, on 1 October 2007, by section 18 of the Land Transport Amendment Act 2005 (2005 No 77).

Section 30S heading: amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

Section 30S(1): amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

30T Procedure Agency must follow before revoking transport service licence

If the proposed revocation of a licence under this section is on the ground that a person other than the licence holder is not a fit and proper person,—

(a)

the notice required to be given to the licence holder by section 30W must specify the steps that the Agency will require to be taken if the licence is not to be revoked, which steps may include a requirement that the person concerned cease all involvement in the service within a specified period; and

(b)

the licence must not be revoked where the licence holder complies with any such requirements of the Agency.

Compare: 1989 No 74 s 11(2), (3)

Section 30T: inserted, on 1 October 2007, by section 18 of the Land Transport Amendment Act 2005 (2005 No 77).

Section 30T heading: amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

Section 30T(a): amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

Section 30T(b): amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

30U Suspension of transport service licence

(1)

If the holder of a transport service licence, or any person who has control of the service, does not hold a certificate required by the regulations or the rules, the Agency may suspend the licence until the holder of the licence or the person who has control of the service is the holder of such a certificate.

(2)

Subject to subsection (1), any such suspension shall cease immediately upon the holder of the licence or any person having control of the service obtaining the appropriate certificate and notifying the Agency accordingly.

(3)

Subpart 5 applies to a decision to suspend a transport service licence.

Compare: 1989 No 74 s 18(4), (5)

Section 30U: inserted, on 1 October 2007, by section 18 of the Land Transport Amendment Act 2005 (2005 No 77).

Section 30U(1): amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

Section 30U(2): amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

Subpart 5—Adverse decisions

Subpart 5: inserted, on 1 October 2007, by section 18 of the Land Transport Amendment Act 2005 (2005 No 77).

30V Interpretation

In sections 30W to 30Y, unless the context otherwise requires,—

adverse decision means any decision of the Agency

(a)

that a person is not a fit and proper person under subpart 2; or

(b)

to refuse to grant—

(i)

a transport service licence under section 30L; or

(ii)

approval as an approved taxi organisation under section 30Q(1); or

(c)

to grant a licence on conditions under section 30M; or

(d)

to revoke—

(i)

a transport service licence under section 30S; or

(ii)

approval of an approved taxi organisation under section 30R(1); or

(e)

to suspend—

(i)

a transport service licence under section 30U; or

(ii)
[Repealed]

(f)

to disqualify—

(i)

a transport service driver under section 87A; or

(ii)

a transport service licence holder or person in control of a transport service under section 87B

affected licence holder, in relation to any person directly affected by an adverse decision, means the holder of or the applicant for the transport service licence for the transport service in which that person has or is to have control or is or will be involved, whether as a driver or otherwise

person directly affected, in relation to any adverse decision, means the person who would be entitled under section 106 to appeal against that adverse decision

person on the basis of whose character the adverse decision arises, in relation to any adverse decision made or proposed to be made on the ground that any person is not a fit and proper person for the purposes of the relevant service, licence, or other matter to which the decision relates, means the person whom the Agency assesses as not being a fit and proper person.

Compare: 1989 No 74 s 25(1)

Section 30V: inserted, on 1 October 2007, by section 18 of the Land Transport Amendment Act 2005 (2005 No 77).

Section 30V adverse decision: amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

Section 30V adverse decision paragraph (e)(ii): repealed, on 10 May 2011, by section 15 of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).

Section 30V person on the basis of whose character the adverse decision arises: amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

30W Agency to notify proposal to make adverse decision

(1)

If the Agency proposes to make an adverse decision under this Part in respect of any person, the Agency must, by notice in writing,—

(a)

notify the person directly affected of the proposed decision; and

(b)

subject to subsection (3), inform that person of the grounds for the proposed decision; and

(c)

specify a date by which submissions may be made to the Agency in respect of the proposed decision (which date must not be less than 21 days after the date on which the notice is given); and

(d)

if appropriate, specify the date on which the proposed decision will, unless the Agency otherwise determines, take effect, being a date not earlier than 28 days after the date the notice is given; and

(e)

notify the person of the person’s right of appeal under section 106, in the event of the Agency proceeding with the proposed decision; and

(f)

specify such other matters as in any particular case may be required by this Act or any other Act.

(2)

If the Agency gives a notice under subsection (1), the Agency

(a)

must also supply a copy of the notice to—

(i)

any person on the basis of whose character the adverse decision arises, where that person is not the person directly affected:

(ii)

any affected licence holder, if the Agency considers that the proposed adverse decision is likely to have a significant impact on the operations of that licence holder:

(b)

may supply a copy of the notice to any other affected licence holder.

(3)

No notice or copy of a notice given under this section may include or be accompanied by any information referred to in section 30H except to the extent that—

(a)

the notice or copy is supplied to the person to whom the information relates; or

(b)

that person consents to the supply of that information to any other person.

Compare: 1989 No 74 s 25(2)–(4)

Section 30W: inserted, on 1 October 2007, by section 18 of the Land Transport Amendment Act 2005 (2005 No 77).

Section 30W heading: amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

Section 30W(1): amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

Section 30W(1)(c): amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

Section 30W(1)(d): amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

Section 30W(1)(e): amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

Section 30W(2): amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

Section 30W(2)(a)(ii): amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

30X Procedure for consideration of information

If any notice or copy of a notice is given to any person under section 30W,—

(a)

it is the responsibility of the person to ensure that all information that the person wishes to have considered by the Agency in relation to the proposed adverse decision is received by the Agency within the period specified in the notice under section 30W(1)(c), or within any further period that the Agency may allow in any case:

(b)

the Agency may, but is not obliged to, consider any information supplied by the person after the expiry of the period referred to in paragraph (a), other than information requested by the Agency and supplied by the person within such reasonable time as the Agency may specify:

(c)

the Agency must consider any submissions made in accordance with paragraph (a), and any information supplied pursuant to a request referred to in paragraph (b), but is not obliged to hear any person on the matter.

Compare: 1989 No 74 s 25(5)

Section 30X: inserted, on 1 October 2007, by section 18 of the Land Transport Amendment Act 2005 (2005 No 77).

Section 30X(a): amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

Section 30X(b): amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

Section 30X(c): amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

30Y Agency’s determination

After considering the matters referred to in section 30X(c), the Agency must—

(a)

finally determine whether or not to make the proposed adverse decision; and

(b)

as soon as practicable thereafter, notify in writing to the person directly affected, and any other person of a kind referred to in section 30W(2)(a), of—

(i)

the Agency’s decision; and

(ii)

if appropriate, the date on which the decision will take effect; and

(iii)

if appropriate, the right of appeal under section 106.

Compare: 1989 No 74 s 25(6)

Section 30Y: inserted, on 1 October 2007, by section 18 of the Land Transport Amendment Act 2005 (2005 No 77).

Section 30Y heading: amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

Section 30Y: amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

Section 30Y(b)(i): amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

Part 4B Work time and logbooks

Part 4B: inserted, on 1 October 2007, by section 19 of the Land Transport Amendment Act 2005 (2005 No 77).

30Z Application of Part

Nothing in this Part applies in respect of any rail service vehicle.

Section 30Z: inserted, on 1 October 2007, by section 19 of the Land Transport Amendment Act 2005 (2005 No 77).

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

(1)

If the Agency takes into account the criteria specified in section 166(2), the Agency may, upon any conditions that the Agency considers appropriate,—

(a)

with respect to subpart 1, grant written variations to work time requirements specified in subpart 1 or the rules:

(b)

with respect to subpart 2, grant partial or total written exemptions from some or all of the requirements to maintain logbooks:

(c)

approve, in accordance with the rules, an alternative fatigue management scheme that varies the work time restrictions or rest time requirements of any rule for specified drivers covered by the relevant transport service licence.

(2)

A variation or exemption granted, or an approval given under subsection (1), in relation to work time or logbooks may be amended or revoked at any time by the Agency in writing.

(3)

The Agency may revoke, by notice in writing, any exemption from logbook use granted under the rules if the Agency has reason to believe that the person has breached the rules or any conditions imposed under subsection (1).

(4)

Before approving an alternative fatigue management scheme under subsection (1)(c), the Agency must be satisfied that the applicant has consulted any representatives of the drivers covered by the relevant transport licence (including, but not limited to, unions).

Compare: 1962 No 135 s 70B(4), (5)

Section 30ZA: inserted, on 1 October 2007, by section 19 of the Land Transport Amendment Act 2005 (2005 No 77).

Section 30ZA heading: amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

Section 30ZA(1): amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

Section 30ZA(1)(c): amended, on 7 August 2011, by section 16 of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).

Section 30ZA(2): amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

Section 30ZA(3): amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

Section 30ZA(4): amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

Subpart 1—Work time

Subpart 1: inserted, on 1 October 2007, by section 19 of the Land Transport Amendment Act 2005 (2005 No 77).

30ZB Application of subpart

(1)

This subpart applies if, in a cumulative work period, a driver drives a vehicle that—

(a)

requires a class 2, 3, 4, or 5 licence (as specified in the rules); or

(b)

is used in—

(i)

a transport service (other than a rental service); or

(ii)

circumstances in which that vehicle must, or ought to, be operated under a transport service licence; or

(c)

is used to carry goods for hire or reward.

(2)

Subsection (1) applies whether or not the vehicle is—

(a)

engaged in any transport service; or

(b)

carrying any load or passengers.

(3)

Subsection (1) does not apply to the driver of a goods service vehicle that—

(a)

requires a class 2 licence (as specified in the rules); and

(b)

is used within a 50 km radius of the vehicle’s normal base of operation; and

(c)

is not used for hire or reward.

Section 30ZB: substituted, on 7 August 2011, by section 17 of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).

30ZC Limits on work time

(1)

A driver subject to this subpart—

(a)

may not exceed the work time restrictions specified in this section, the rules, or any variation granted under section 30ZA; and

(b)

must comply with the rest time requirements specified in this section, the rules, or any variation granted under section 30ZA.

(2)

In any cumulative work day, a driver—

(a)

may not exceed 13 hours of work time; and

(b)

must have at least 10 hours of continuous rest time.

(3)

In any cumulative work period, a driver may not exceed 70 hours of work time.

(4)

To avoid doubt, the rules may extend the limits for a cumulative work day or period for a specified activity or service.

(5)

This section does not apply to a driver of an ambulance service, a fire brigade, or a rural fire party who is proceeding to or returning from an incident attended in response to a priority call specified in the rules.

Section 30ZC: substituted, on 7 August 2011, by section 17 of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).

30ZD Records must be kept

(1)

A person who employs a person to drive a vehicle referred to in section 30ZB, and any self-employed driver who drives a vehicle referred to in section 30ZB, must keep—

(a)

time records, wage records, and other related employment records for the driver; and

(b)

accommodation records and receipts for the driver that are relevant to the driver’s transport service or transport service vehicle; and

(c)

fuel records and receipts for the relevant transport service vehicles.

(2)

The person who keeps the records required under subsection (1) must—

(a)

keep each record for 12 months from the date it is made; and

(b)

make all relevant time records, fuel records and receipts, accommodation records and receipts, wage records, and other related employment records in the possession or control of that person available for immediate inspection on demand at any reasonable time by an enforcement officer.

(3)

Every enforcement officer to whom records are made available for inspection under subsection (2)(b) is entitled to make copies of those records.

Compare: 1962 No 135 s 70B(6), (6A)

Section 30ZD: inserted, on 1 October 2007, by section 19 of the Land Transport Amendment Act 2005 (2005 No 77).

Subpart 2—Logbooks

Subpart 2: inserted, on 1 October 2007, by section 19 of the Land Transport Amendment Act 2005 (2005 No 77).

30ZE Application of subpart

(1)

This subpart applies if, in a cumulative work period,—

(a)

a driver drives a vehicle that requires a class 2, 3, 4, or 5 licence (as specified in the rules); or

(b)

a driver drives a vehicle that is used in—

(i)

a transport service (other than a rental service); or

(ii)

circumstances in which the vehicle must, or ought to, be operated under a transport service licence; or

(c)

a driver drives a vehicle that is used to carry goods for hire or reward if that vehicle is a heavy motor vehicle.

(2)

Despite subsection (1), this subpart—

(a)

applies whether or not the vehicle is—

(i)

engaged in any transport service; or

(ii)

carrying any load or passengers; but

(b)

does not apply to a driver of a goods service vehicle that—

(i)

requires a class 1 or class 2 licence (as specified in the rules); and

(ii)

is used within a 50 km radius of the vehicle’s normal base of operation; and

(iii)

is not used for hire or reward.

Section 30ZE: inserted, on 1 October 2007, by section 19 of the Land Transport Amendment Act 2005 (2005 No 77).

30ZF Drivers must maintain logbooks

Unless exempted under section 30ZA(1), the regulations, or the rules, a driver must maintain a logbook in the—

(a)

manner prescribed by the rules; and

(b)

form approved by the Agency in accordance with the rules.

Compare: 1962 No 135 s 70C(1)

Section 30ZF: inserted, on 1 October 2007, by section 19 of the Land Transport Amendment Act 2005 (2005 No 77).

Section 30ZF(b): amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

30ZG Agency may approve or revoke alternative means of recording matters

The Agency may, in accordance with the rules, approve or revoke an alternative means of recording matters relevant to the monitoring of work time.

Section 30ZG: inserted, on 1 October 2007, by section 19 of the Land Transport Amendment Act 2005 (2005 No 77).

Section 30ZG heading: amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

Section 30ZG: amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

30ZH Duties regarding logbooks

(1)

A driver must—

(a)

retain a logbook required to be maintained by that driver under section 30ZF for a period of 36 months after the date of the last entry in that logbook; and

(b)

in the case of a driver who is an employee, deliver a copy of each completed logbook record to the driver’s employer within 14 days after completing that record, and the employer must retain the copy of each logbook record for a period of 36 months from the date of the record.

(1A)

Despite anything in subsection (1), if the logbook only contains entries for a light RUC vehicle (as defined in section 5(1) of the Road User Charges Act 2012), the driver must retain the logbook only for a period of 12 months.

(2)

A driver must—

(a)

carry a logbook with him or her at all times when driving a vehicle to which section 30ZE applies; and

(b)

produce, on demand by any enforcement officer and without delay, any logbook that—

(i)

the driver is required to maintain; and

(ii)

relates to—

(A)

the day of the driver’s last rest time of at least 24 hours; and

(B)

all the days since that rest time.

(3)

If the form of the logbook required to be maintained under section 30ZF includes an identical copy made simultaneously with the original of that logbook, and the logbook has been produced to an enforcement officer, that enforcement officer is entitled, on demand,—

(a)

to remove that identical copy; or

(b)

if that identical copy has previously been removed or is illegible, to make a copy of that logbook.

(4)

A person who is required to retain a logbook or a copy of a logbook under subsection (1) must make it and all relevant time records, wage records, and other related employment records available for immediate inspection on demand by an enforcement officer at any reasonable time during the period for which it is required to be retained.

(5)

A person to whom a logbook or a copy of a logbook or records are required to be made available for inspection under subsection (4) is entitled to make a copy of that logbook or that copy or those records.

Compare: 1962 No 135 s 70C(5)–(7A)

Section 30ZH: inserted, on 1 October 2007, by section 19 of the Land Transport Amendment Act 2005 (2005 No 77).

Section 30ZH(1)(a): amended, on 1 August 2012, by section 94 of the Road User Charges Act 2012 (2012 No 1).

Section 30ZH(1)(b): amended, on 1 August 2012, by section 94 of the Road User Charges Act 2012 (2012 No 1).

Section 30ZH(1A): inserted, on 1 August 2012, by section 94 of the Road User Charges Act 2012 (2012 No 1).

Section 30ZH(2)(a): amended, on 1 October 2007, by section 6 of the Land Transport Amendment Act 2007 (2007 No 66).

Subpart 3—Evidence in proceedings

Subpart 3: inserted, on 1 October 2007, by section 19 of the Land Transport Amendment Act 2005 (2005 No 77).

30ZI Evidence in proceedings for offences against subpart 1 or subpart 2

(1)

In proceedings for an offence against subpart 1 or subpart 2, the following is sufficient evidence of the contents of a log-book, unless the contrary is proved by production to the court of the logbook or of an identical copy of the logbook made simultaneously with the original logbook,—

(a)

evidence given by an enforcement officer authorised to demand the production of logbooks under section 30ZH(2)(b), or by any person who had that status at the time when the alleged offence was committed, as to the contents of any logbook as seen and recorded by that person at the time it was produced; and

(b)

an identical copy of any logbook removed, or a copy of any logbook made, by an enforcement officer in accordance with section 30ZH(3) or section 30ZH(4).

(2)

In any proceedings in respect of an offence against subpart 1 it is presumed, until the contrary is proved, that the contents of any logbook produced to an enforcement officer authorised to demand production of the logbook or removed by an enforcement officer from an accident scene where the driver is incapacitated are an accurate statement of the truth of the matter required to be recorded in the logbook by section 30ZF.

Compare: 1962 No 135 s 70D(8), (9)

Section 30ZI: inserted, on 1 October 2007, by section 19 of the Land Transport Amendment Act 2005 (2005 No 77).

Part 5 Offences relating to driving (other than alcohol-related offences) and penalties

Offences relating to driver licensing

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 Agency, a person appointed by the Agency, or a constable 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)

Section 31 heading: amended, on 22 June 2005, by section 20(1) of the Land Transport Amendment Act 2005 (2005 No 77).

Section 31(1)(a): substituted, on 22 June 2005, by section 20(2) of the Land Transport Amendment Act 2005 (2005 No 77).

Section 31(1)(d): amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).

Section 31(1)(d): amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

Section 31(1)(d): amended, on 22 June 2005, by section 20(3) of the Land Transport Amendment Act 2005 (2005 No 77).

Section 31(1)(d): amended, on 22 June 2005, by section 20(4) of the Land Transport Amendment Act 2005 (2005 No 77).

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 an alcohol interlock licence, a zero alcohol licence, or 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 Agency under section 99A or to undergo any test or examination approved by the Agency; 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 is convicted of a third or subsequent offence against subsection (1) (whether or not of the same kind of offence as the previous offences),—

(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)

Section 32(1)(b): amended, on 10 September 2012, by section 18(1) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).

Section 32(2)(a): amended, on 10 September 2012, by section 18(2) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).

Section 32(2)(a): amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

Section 32(2)(a): amended, on 16 January 2006, by section 21(1) of the Land Transport Amendment Act 2005 (2005 No 77).

Section 32(2)(b): amended, on 16 January 2006, by section 21(2) of the Land Transport Amendment Act 2005 (2005 No 77).

Section 32(2)(b)(i): substituted, on 16 January 2006, by section 21(3) of the Land Transport Amendment Act 2005 (2005 No 77).

Section 32(2)(b)(ii): substituted, on 16 January 2006, by section 21(3) of the Land Transport Amendment Act 2005 (2005 No 77).

Section 32(4): replaced, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

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: inserted, on 22 June 2005, by section 22 of the Land Transport Amendment Act 2005 (2005 No 77).

Offences relating to driving (other than offences involving alcohol)

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 rr 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

(1)

A person commits an 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 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 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)

Section 36 heading: amended, on 10 May 2011, by section 19(1) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).

Section 36(1): substituted, on 22 June 2005, by section 23 of the Land Transport Amendment Act 2005 (2005 No 77).

Section 36(1): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

Section 36(1)(a): amended, on 10 May 2011, by section 19(2) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).

Section 36(1)(b): amended, on 10 May 2011, by section 19(3) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).

36AA Contravention of section 7 by causing death of another person

(1)

A person commits an offence if the person—

(a)

drives or causes to be driven a motor vehicle recklessly and by that act or omission causes the death of another person; or

(b)

drives or causes a motor vehicle to be driven at a speed or in a manner that, 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 the death of another person.

(2)

If a person is convicted of an offence against subsection (1),—

(a)

the maximum penalty is imprisonment for a term not exceeding 10 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.

Section 36AA: inserted, on 10 May 2011, by section 20 of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).

Section 36AA(1): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

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 who commits an offence against subsection (1)(a) or (c) and by that act or omission causes an injury to another person—

(a)

is liable on conviction to 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)

A person who commits an offence against subsection (1)(a) or (c) and by the act or omission causes the death of another person—

(a)

is liable on conviction to imprisonment for a term not exceeding 10 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.

(4)

A person who commits an offence against subsection (1)(a) or (c) but does not, by that act or omission, cause injury to, or the death of, another person is liable on conviction 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 on conviction to a fine not exceeding $3,000.

(6)

The imposition of a mandatory disqualification under this section is subject to section 81.

Section 36A: inserted, on 2 May 2003, by section 6 of the Land Transport (Unauthorised Street and Drag Racing) Amendment Act 2003 (2003 No 11).

Section 36A(2): replaced, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

Section 36A(3): replaced, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

Section 36A(4): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

Section 36A(5): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

Section 36A(6): added, on 10 May 2011, by section 21(2) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).

36AB Contravention of sections 7 and 114

If a person commits an offence specified under section 35 or 36 in a manner that contravenes sections 7 and 114, a court, in sentencing or otherwise dealing with the person for the offence, must treat the contravention of section 114 as an aggravating factor.

Section 36AB: inserted, on 1 December 2009, by section 11 of the Land Transport (Enforcement Powers) Amendment Act 2009 (2009 No 36).

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: inserted, on 16 January 2006, by section 24 of the Land Transport Amendment Act 2005 (2005 No 77).

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)

Section 38(1A): inserted, on 22 June 2005, by section 25(1) of the Land Transport Amendment Act 2005 (2005 No 77).

Section 38(2): amended, on 22 June 2005, by section 25(2) of the Land Transport Amendment Act 2005 (2005 No 77).

39 Aggravated careless use of vehicle causing injury or death

(1)

A person commits an 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)

Section 39(1): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

Offences relating to rules

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

Loading offences

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)

Section 42(1): amended, on 22 June 2005, by section 26 of the Land Transport Amendment Act 2005 (2005 No 77).

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.

Compare: 1962 No 135 s 69B

Section 43(3): amended, on 10 May 2011, by section 22 of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).

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: inserted, on 22 June 2005, by section 27 of the Land Transport Amendment Act 2005 (2005 No 77).

Other offences

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 Agency; 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

Section 46(1)(a): amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

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: substituted, on 22 June 2005, by section 28 of the Land Transport Amendment Act 2005 (2005 No 77).

48 Contravention of section 92(4)

(1)

A person commits an offence if the person, without reasonable excuse, fails to—

(a)

attend a driving improvement course or dangerous goods course in accordance with section 92(4), or neither attends nor pays the fee; or

(b)

complete a driving improvement course or dangerous goods course in accordance with section 92(4), or neither attends nor pays the fee; or

(c)

pay the fee for a driving improvement course or dangerous goods course in accordance with section 92(4).

(2)

The maximum penalty on conviction for an offence against subsection (1) is a fine not exceeding $2,000.

Section 48(1): replaced, on 10 September 2012, by section 23 of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).

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, 96A, 122, 123, and 249; 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, 96A, 122, 123, and 249 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.

Section 49(1)(a): amended, on 1 May 2011, by section 35(1) of the Land Transport Amendment Act 2009 (2009 No 17).

Section 49(1)(a): amended, on 1 October 2007, by section 29(1) of the Land Transport Amendment Act 2005 (2005 No 77).

Section 49(1)(b): amended, on 1 May 2011, by section 35(1) of the Land Transport Amendment Act 2009 (2009 No 17).

Section 49(1)(b): amended, on 1 October 2007, by section 29(2) of the Land Transport Amendment Act 2005 (2005 No 77).

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.

(3)

If a person is convicted of an offence against section 114 and has previously been convicted of an offence against section 114 or, while failing to comply with section 114, exceeded the applicable speed limit or operated a motor vehicle in an otherwise dangerous manner, a court must order the person to be disqualified from holding or obtaining a driver licence for 3 months.

(4)

If a person is convicted for a third or subsequent offence against section 114,—

(a)

the maximum penalty is imprisonment for a term not exceeding 3 months; and

(b)

the court must order the person to be disqualified from holding or obtaining a driver licence for 1 year.

(5)

A disqualification ordered under subsection (3) or (4) is cumulative on, and not concurrent with, any other disqualification that a court may order in respect of the incident that gave rise to the person’s conviction under section 114.

(6)

A person commits an offence if the person fails or refuses to provide information or provides false information with respect to any request for information made by an enforcement officer under section 118.

(7)

The maximum penalty on conviction for an offence against subsection (6) is a fine not exceeding $20,000.

(8)

If a person removes, obscures, or makes indistinguishable a warning notice attached to a motor vehicle while the notice is in effect, the person commits an offence and is liable on conviction to a fine not exceeding $10,000.

Compare: 1962 No 135 ss 30AA(5), (7), 70A(2)(b)

Section 52(1)(aa): inserted, on 22 June 2005, by section 30(1) of the Land Transport Amendment Act 2005 (2005 No 77).

Section 52(1)(a): amended, on 16 January 2006, by section 30(2) of the Land Transport Amendment Act 2005 (2005 No 77).

Section 52(1)(a): amended, on 2 May 2003, by section 7(a) of the Land Transport (Unauthorised Street and Drag Racing) Amendment Act 2003 (2003 No 11).

Section 52(1)(b): amended, on 2 May 2003, by section 7(b) of the Land Transport (Unauthorised Street and Drag Racing) Amendment Act 2003 (2003 No 11).

Section 52(3): added, on 1 December 2009, by section 12 of the Land Transport (Enforcement Powers) Amendment Act 2009 (2009 No 36).

Section 52(4): added, on 1 December 2009, by section 12 of the Land Transport (Enforcement Powers) Amendment Act 2009 (2009 No 36).

Section 52(5): added, on 1 December 2009, by section 12 of the Land Transport (Enforcement Powers) Amendment Act 2009 (2009 No 36).

Section 52(6): added, on 1 December 2009, by section 12 of the Land Transport (Enforcement Powers) Amendment Act 2009 (2009 No 36).

Section 52(7): added, on 1 December 2009, by section 12 of the Land Transport (Enforcement Powers) Amendment Act 2009 (2009 No 36).

Section 52(8): added, on 1 December 2009, by section 12 of the Land Transport (Enforcement Powers) Amendment Act 2009 (2009 No 36).

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 48 of the Policing Act 2008.

Compare: 1962 No 135 s 192A

Section 54(3): amended, on 1 October 2008, by section 130(1) of the Policing Act 2008 (2008 No 72).

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)

55A Offences concerning alcohol interlock devices

(1)

This section applies if a person tampers with, or attempts to tamper with, an alcohol interlock device, or uses an alcohol interlock device in contravention of an order made by a court under section 65A(2).

(2)

If this section applies,—

(a)

the person who holds the alcohol interlock licence to which the alcohol interlock device applies commits an offence; or

(b)

the person who tampered with, or attempted to tamper with, the alcohol interlock device or used the alcohol interlock device in contravention of an order made under section 65A(2) commits an offence.

(3)

It is a defence to proceedings for an offence against subsection (2)(a) if the person who holds an alcohol interlock licence establishes that the person—

(a)

did not tamper with, or attempt to tamper with, the alcohol interlock device or use the alcohol interlock device in contravention of an order made under section 65A(2); and

(b)

was not involved in the commission of the offence against subsection (2)(b).

(4)

The maximum penalty on conviction for an offence against subsection (2)(a) or (b) is a fine not exceeding $3,000.

Section 55A: inserted, on 10 September 2012, by section 24 of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).

Part 6 Driving offences involving drink or drugs, and penalties and procedures

Offences and penalties

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.

(1A)

A person commits an infringement 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 250 micrograms of alcohol per litre of breath but does not exceed 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.

(2A)

A person commits an infringement 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(1)(b) to (e) or 73, exceeds 50 milligrams of alcohol per 100 millilitres of blood but does not exceed 80 milligrams of alcohol per 100 millilitres of blood.

(2B)

A person commits an infringement offence if—

(a)

the person fails or refuses to undergo an evidential breath test after having been required to do so under section 69; and

(b)

analysis of a blood specimen subsequently taken from the person under section 72(1)(a) indicates that the person drove or attempted to drive a motor vehicle on a road while the proportion of alcohol in the person’s blood exceeded 50 milligrams of alcohol per 100 millilitres of blood but did not exceed 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 is convicted of a third or subsequent offence against subsection (1) or subsection (2), or any of sections 57A(1), 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),—

(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)

Section 56(1A): inserted, on 1 December 2014, by section 5(1) of the Land Transport Amendment Act (No 2) 2014 (2014 No 57).

Section 56(2A): inserted, on 1 December 2014, by section 5(2) of the Land Transport Amendment Act (No 2) 2014 (2014 No 57).

Section 56(2B): inserted, on 1 December 2014, by section 5(2) of the Land Transport Amendment Act (No 2) 2014 (2014 No 57).

Section 56(4): replaced, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

Section 56(4A): inserted, on 16 January 2006, by section 31(3) of the Land Transport Amendment Act 2005 (2005 No 77).

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.

(1A)

A person younger than 20 commits an infringement offence if the person drives or attempts to drive a motor vehicle on a road while the person’s breath, as ascertained by an evidential breath test subsequently undergone by the person under section 69, contains alcohol but the proportion of alcohol does not exceed 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.

(2A)

A person younger than 20 commits an infringement offence if the person drives or attempts to drive a motor vehicle on a road while the person’s blood, as ascertained from an analysis of a blood specimen subsequently taken from the person under section 72 or 73, contains alcohol but the proportion of alcohol does not exceed 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)

Section 57(1A): inserted, on 7 August 2011, by section 25(1) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).

Section 57(2A): inserted, on 7 August 2011, by section 25(2) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).

57AA Contravention of specified breath or blood alcohol limit by holder of alcohol interlock licence or zero alcohol licence

(1)

A person who holds an alcohol interlock licence or a zero alcohol licence commits an offence if the person drives or attempts to drive a motor vehicle on a road while the person’s breath, as ascertained by an evidential breath test subsequently undergone by the person under section 69, contains alcohol but the proportion of alcohol does not exceed 250 micrograms of alcohol per litre of breath.

(2)

A person who holds an alcohol interlock licence or a zero alcohol licence commits an offence if the person drives or attempts to drive a motor vehicle on a road while the person’s blood, as ascertained from an analysis of a blood specimen subsequently taken from the person under section 72 or 73, contains alcohol but the proportion of alcohol does not exceed 50 milligrams of alcohol per 100 millilitres of blood.

(3)

If a person is convicted of an offence against subsection (1) or (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)

A person who holds an alcohol interlock licence or a zero alcohol licence 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 250 micrograms of alcohol per litre of breath.

(5)

A person who holds an alcohol interlock licence or a zero alcohol licence 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 73, exceeds 50 milligrams of alcohol per 100 millilitres of blood.

(6)

If a person is convicted of an offence against subsection (4) or (5),—

(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.

(7)

The imposition of a mandatory disqualification under this section is subject to section 81.

Section 57AA: inserted, on 10 September 2012, by section 26 of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).

Section 57AA(1): amended, on 1 December 2014, by section 15 of the Land Transport Amendment Act (No 2) 2014 (2014 No 57).

Section 57AA(1): amended, on 1 July 2013, pursuant to section 413 of the Criminal Procedure Act 2011 (2011 No 81).

Section 57AA(2): amended, on 1 December 2014, by section 15 of the Land Transport Amendment Act (No 2) 2014 (2014 No 57).

Section 57AA(2): amended, on 1 July 2013, pursuant to section 413 of the Criminal Procedure Act 2011 (2011 No 81).

Section 57AA(4): amended, on 1 December 2014, by section 15 of the Land Transport Amendment Act (No 2) 2014 (2014 No 57).

Section 57AA(4): amended, on 1 July 2013, pursuant to section 413 of the Criminal Procedure Act 2011 (2011 No 81).

Section 57AA(5): amended, on 1 December 2014, by section 15 of the Land Transport Amendment Act (No 2) 2014 (2014 No 57).

Section 57AA(5): amended, on 1 July 2013, pursuant to section 413 of the Criminal Procedure Act 2011 (2011 No 81).

57A Driving while impaired and with blood that contains evidence of use of qualifying drug

(1)

A person who drives or attempts to drive a motor vehicle on a road commits an offence if—

(a)

the person 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; and

(b)

the person’s blood, as ascertained from an analysis of a blood specimen subsequently taken under section 72 or 73, contains evidence of the use of a qualifying drug.

(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 is convicted of a third or subsequent offence against subsection (1) or any of sections 56(1), 56(2), 58(1), 60(1), 61(1), and 61(2) (whether or not that offence is of the same kind as the person’s first or second offence against any of those provisions),—

(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.

(4)

Subsection (3)(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 that corresponds to an offence specified in subsection (3) 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.

Section 57A: inserted, on 1 November 2009, by section 7 of the Land Transport Amendment Act 2009 (2009 No 17).

Section 57A heading: amended, on 1 November 2009, by section 13(1) of the Land Transport (Enforcement Powers) Amendment Act 2009 (2009 No 36).

Section 57A(1)(b): substituted, on 1 November 2009, by section 13(2) of the Land Transport (Enforcement Powers) Amendment Act 2009 (2009 No 36).

Section 57A(3): replaced, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

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—

(a)

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; or

(b)

if the person’s blood, as ascertained from an analysis of a blood specimen subsequently taken under section 73, contains evidence of the use of a controlled drug specified in Schedule 1 of the Misuse of Drugs Act 1975.

(1A)

To avoid doubt, subsection (1)(b) does not limit subsection (1)(a).

(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 is convicted of a third or subsequent offence against subsection (1) or any of sections 56(1), 56(2), 57A(1), 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),—

(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)

Section 58(1): substituted, on 1 November 2009, by section 8 of the Land Transport Amendment Act 2009 (2009 No 17).

Section 58(1)(b): amended, on 9 August 2011, by section 12(3) of the Misuse of Drugs Amendment Act (No 2) 2011 (2011 No 54).

Section 58(1A): inserted, on 1 November 2009, by section 8 of the Land Transport Amendment Act 2009 (2009 No 17).

Section 58(3): replaced, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

Section 58(3A): inserted, on 16 January 2006, by section 32(3) of the 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, 71A, or 72; or

(c)

having accompanied an enforcement officer to a place under a requirement under section 69, 71A, or 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 or a compulsory impairment test under this Act; or

(ii)

fails or refuses to accompany an enforcement officer to another place under any of those sections; or

(d)

having undergone an evidential breath test under a requirement under section 69 or a compulsory impairment test under section 71A, 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)

Section 59(1)(b): amended, on 1 November 2009, by section 9(1) of the Land Transport Amendment Act 2009 (2009 No 17).

Section 59(1)(c): amended, on 1 November 2009, by section 9(2) of the Land Transport Amendment Act 2009 (2009 No 17).

Section 59(1)(c)(i): amended, on 1 November 2009, by section 9(3) of the Land Transport Amendment Act 2009 (2009 No 17).

Section 59(1)(c)(ii): amended, on 1 November 2009, by section 9(4) of the Land Transport Amendment Act 2009 (2009 No 17).

Section 59(1)(d): amended, on 1 November 2009, by section 9(5) of the Land Transport Amendment Act 2009 (2009 No 17).

60 Failure or refusal to permit blood specimen to be taken or to undergo compulsory impairment test

(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; or

(d)

fails or refuses to undergo a compulsory impairment test under section 71A.

(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 is convicted of a third or subsequent offence against subsection (1) or any of sections 56(1), 56(2), 57A(1), 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),—

(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.

(3B)

Subsection (3C) applies to a person who—

(a)

is required to permit a blood specimen to be taken under section 72(1)(a), (b), or (e); and

(b)

when required, on a previous occasion, to permit a blood specimen to be taken under section 72(1)(a), (b), or (e), was medically or physically unable to provide a blood specimen.

(3C)

A person described in subsection (3B) who is medically or physically unable to provide a blood specimen is presumed, in the absence of proof to the contrary, to have refused to permit a blood specimen to be taken.

(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 30AB(2), 58E

Section 60 heading: amended, on 1 November 2009, by section 10(1) of the Land Transport Amendment Act 2009 (2009 No 17).

Section 60(1)(b): amended, on 18 September 2004, by section 175(1) of the Health Practitioners Competence Assurance Act 2003 (2003 No 48).

Section 60(1)(c): amended, on 1 November 2009, by section 10(2) of the Land Transport Amendment Act 2009 (2009 No 17).

Section 60(1)(c): amended, on 18 September 2004, by section 175(1) of the Health Practitioners Competence Assurance Act 2003 (2003 No 48).

Section 60(1)(d): added, on 1 November 2009, by section 10(2) of the Land Transport Amendment Act 2009 (2009 No 17).

Section 60(3): replaced, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

Section 60(3A): inserted, on 16 January 2006, by section 33(3) of the Land Transport Amendment Act 2005 (2005 No 77).

Section 60(3B): inserted, on 1 December 2014, by section 6 of the Land Transport Amendment Act (No 2) 2014 (2014 No 57).

Section 60(3C): inserted, on 1 December 2014, by section 6 of the Land Transport Amendment Act (No 2) 2014 (2014 No 57).

61 Person in charge of motor vehicle causing injury or death

(1)

A person commits an 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 offence if the person is in charge of a motor vehicle and causes bodily injury to, or the death of, a person—

(a)

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; or

(b)

if the blood of the person in charge, as ascertained from an analysis of a blood specimen subsequently taken under section 73, contains evidence of the use of a controlled drug specified in Schedule 1 of the Misuse of Drugs Act 1975; or

(c)

if—

(i)

the person 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; and

(ii)

the person’s blood, as ascertained from an analysis of a blood specimen subsequently taken under section 72 or 73, contains evidence of the use of a qualifying drug.

(2A)

To avoid doubt, subsection (2)(b) or (2)(c) does not limit subsection (2)(a).

(3)

If a person is convicted of an offence against subsection (1) or (2) that causes bodily injury to another person,—

(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).

(3AA)

If a person is convicted of an offence against subsection (1) or (2) that causes the death of another person,—

(a)

the maximum penalty is imprisonment for a term not exceeding 10 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), 58(1), or 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 57A(1), 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.

(3C)

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 (3A) is to be treated as a conviction for an offence specified in that subsection.

(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)

Section 61(1): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

Section 61(1): amended, on 16 January 2006, by section 34(1) of the Land Transport Amendment Act 2005 (2005 No 77).

Section 61(2): substituted, on 1 November 2009, by section 11 of the Land Transport Amendment Act 2009 (2009 No 17).

Section 61(2): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

Section 61(2)(b): amended, on 9 August 2011, by section 12(4) of the Misuse of Drugs Amendment Act (No 2) 2011 (2011 No 54).

Section 61(2)(b): amended, on 10 May 2011, by section 27(1) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).

Section 61(2)(c): added, on 10 May 2011, by section 27(1) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).

Section 61(2A): inserted, on 1 November 2009, by section 11 of the Land Transport Amendment Act 2009 (2009 No 17).

Section 61(2A): amended, on 10 May 2011, by section 27(2) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).

Section 61(3): amended, on 10 May 2011, by section 27(3) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).

Section 61(3)(b): substituted, on 16 January 2006, by section 34(2) of the Land Transport Amendment Act 2005 (2005 No 77).

Section 61(3AA): inserted, on 10 May 2011, by section 27(4) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).

Section 61(3A): inserted, on 16 January 2006, by section 34(3) of the Land Transport Amendment Act 2005 (2005 No 77).

Section 61(3A): amended, on 1 May 2011, by section 35(1) of the Land Transport Amendment Act 2009 (2009 No 17).

Section 61(3B): inserted, on 16 January 2006, by section 34(3) of the Land Transport Amendment Act 2005 (2005 No 77).

Section 61(3C): inserted, on 10 May 2011, by section 27(5) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).

62 Causing injury or death in circumstances to which section 61 does not apply

(1)

A person commits an offence if the person causes bodily injury to or the death of a person by carelessly driving a motor vehicle (in a manner that is not an offence against section 61)—

(a)

while under the influence of drink or a drug, or both; or

(b)

if the blood of the person driving, as ascertained from an analysis of a blood specimen subsequently taken under section 73, contains evidence of the use of a controlled drug specified in Schedule 1 of the Misuse of Drugs Act 1975.

(1A)

To avoid doubt, subsection (1)(b) does not limit subsection (1)(a).

(1B)

A person commits an offence if—

(a)

the person causes bodily injury to, or the death of, a person by driving or attempting to drive a motor vehicle; and

(b)

the person 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; and

(c)

the person’s blood, as ascertained from an analysis of a blood specimen subsequently taken under section 72 or 73, contains evidence of the use of a qualifying drug.

(2)

If a person commits an offence against subsection (1) or (1B),—

(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)

Section 62(1): substituted, on 1 November 2009, by section 12(1) of the Land Transport Amendment Act 2009 (2009 No 17).

Section 62(1): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

Section 62(1)(b): amended, on 9 August 2011, by section 12(5) of the Misuse of Drugs Amendment Act (No 2) 2011 (2011 No 54).

Section 62(1A): inserted, on 1 November 2009, by section 12(1) of the Land Transport Amendment Act 2009 (2009 No 17).

Section 62(1B): inserted, on 1 November 2009, by section 12(1) of the Land Transport Amendment Act 2009 (2009 No 17).

Section 62(1B): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

Section 62(1B)(c): substituted, on 1 November 2009, by section 14 of the Land Transport (Enforcement Powers) Amendment Act 2009 (2009 No 36).

Section 62(2): amended, on 1 November 2009, by section 12(2) of the Land Transport Amendment Act 2009 (2009 No 17).

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

Defences

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.

(1AA)

Subsection (1) is subject to section 60(3B) and (3C).

(1A)

It is a defence to proceedings for an offence against section 57A(1) or 62(1B) if the court is satisfied that the person has consumed the relevant qualifying drug

(a)

in accordance with—

(i)

a current and valid prescription written for that person by a health practitioner; and

(ii)

any instructions from a health practitioner or from the manufacturer of the qualifying drug; or

(b)

because it was administered by a health practitioner, provided that the person complied with the instructions (if any) that the health practitioner has given.

(1B)

It is a defence to proceedings for an offence against section 60(1)(d) if the court is satisfied that the person’s failure or refusal to undergo a compulsory impairment test is because of—

(a)

a pre-existing medical condition or pre-existing disability that precludes undergoing the test:

(b)

an injury, sustained in a motor vehicle accident giving rise to an obligation to undergo the test, that precludes undergoing the test.

(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,—

(i)

in the case of a person apparently younger than 20, the person’s breath did not contain alcohol; or

(ii)

in the case of a person who holds an alcohol interlock licence or a zero alcohol licence, the person’s breath did not contain alcohol; or

(iii)

in any other case, the proportion of alcohol in the person’s breath did not exceed 250 micrograms of alcohol per litre of breath; or

(b)

any evidence given in respect of the results of a blood test indicates that,—

(i)

in the case of a person apparently younger than 20, the person’s blood did not contain alcohol; or

(ii)

in the case of a person who holds an alcohol interlock licence or a zero alcohol licence, the person’s blood did not contain alcohol; or

(iii)

in any other case, the proportion of alcohol in the person’s blood did not exceed 50 milligrams of alcohol per 100 millilitres of blood.

(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)

Section 64(1): amended, on 18 September 2004, by section 175(1) of the Health Practitioners Competence Assurance Act 2003 (2003 No 48).

Section 64(1AA): inserted, on 1 December 2014, by section 7 of the Land Transport Amendment Act (No 2) 2014 (2014 No 57).

Section 64(1A): inserted, on 1 November 2009, by section 13 of the Land Transport Amendment Act 2009 (2009 No 17).

Section 64(1A): amended, on 1 November 2009, by section 15(1) of the Land Transport (Enforcement Powers) Amendment Act 2009 (2009 No 36).

Section 64(1A)(a)(ii): amended, on 1 November 2009, by section 15(2) of the Land Transport (Enforcement Powers) Amendment Act 2009 (2009 No 36).

Section 64(1B): inserted, on 1 November 2009, by section 13 of the Land Transport Amendment Act 2009 (2009 No 17).

Section 64(2): amended, on 29 December 2001, by section 5(1) of the Land Transport (Road Safety Enforcement) Amendment Act 2001 (2001 No 104).

Section 64(3): substituted, on 7 August 2011, by section 28 of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).

Section 64(3)(a)(iii): amended, on 1 December 2014, by section 15 of the Land Transport Amendment Act (No 2) 2014 (2014 No 57).

Section 64(3)(b)(iii): amended, on 1 December 2014, by section 15 of the Land Transport Amendment Act (No 2) 2014 (2014 No 57).

Section 64(3A): inserted, on 22 June 2005, by section 35 of the Land Transport Amendment Act 2005 (2005 No 77).

Section 64(4)(a): amended, on 29 December 2001, by section 5(2) of the Land Transport (Road Safety Enforcement) Amendment Act 2001 (2001 No 104).

Repeat offences and certain first time offences

Heading: amended, on 10 May 2011, by section 29(1) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).

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)

A court must make an order requiring a person to attend an assessment centre and disqualifying the person from holding or obtaining a driver licence until the Agency removes that disqualification under section 100 if—

(a)

the court convicts that person of a second or subsequent offence against any of sections 56 to 62; and

(b)

the previous offence was committed within 5 years of the date of the commission of the offence being dealt with by the court.

(3)

Despite subsection (2), 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 Agency 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

Section 65(2): substituted, on 10 May 2011, by section 29(2) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).

Section 65(3): amended, on 10 May 2011, by section 29(3) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).

Section 65(4): substituted, on 16 January 2006, by section 36 of the Land Transport Amendment Act 2005 (2005 No 77).

Section 65(4): amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

65A Alcohol interlock requirements for repeat offences or certain first time offences involving use of alcohol

(1)

This section applies if—

(a)

a court convicts a person of an offence involving the use of alcohol against any of sections 56(1), 56(2), 57(1), 57(2), 58(1)(a), 60(1)(a) to (c), 61(1), 61(2), and 62(1)(a); and

(b)

either—

(i)

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; or

(ii)

the offence for which the person is convicted under paragraph (a) involves either or both of the following:

(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, is 800 micrograms of alcohol per litre of breath or higher:

(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 73, is 160 milligrams of alcohol per 100 millilitres of blood or higher.

(2)

If this section applies, the court must, if the court imposes a sentence for an alcohol interlock licence disqualification,—

(a)

disqualify the person from holding any driver licence for a period of 3 months; and

(b)

make an order that—

(i)

authorises the person to apply for an alcohol interlock licence at the end of the 3-month disqualification period; and

(ii)

requires the person, while holding an alcohol interlock licence, to—

(A)

drive only a vehicle or vehicles to which an alcohol interlock device is fitted; and

(B)

apply for a zero alcohol licence, which the Agency may issue only on successful completion of the criteria specified in subparagraph (iv); and

(iii)

provides that the person may apply for any other driver licence (including, but not limited to, a limited licence) only if the person has obtained, and has satisfied the requirements of, the alcohol interlock licence; and

(iv)

provides that the alcohol interlock device in the person’s vehicle may be removed only if the person—

(A)

has held the alcohol interlock licence for at least 12 months; and

(B)

has not violated any of the requirements of the alcohol interlock licence during the 6-month period preceding the date on which the alcohol interlock device is removed, or has completed an assessment and has not violated any of the requirements of the alcohol interlock licence during the 3-month period preceding the date on which the alcohol interlock device is removed; and

(v)

ends the person’s disqualification under section 65, if the person was disqualified under section 65.

(3)

The imposition of a mandatory disqualification under this section is subject to section 81.

(4)

A person who is subject to an order under subsection (2) and does not apply for an interlock licence is to be treated as a person with a licence of no effect.

Section 65A: inserted, on 10 September 2012, by section 30 of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).

65B Mandatory zero alcohol requirements for repeat offences involving use of alcohol

(1)

This section applies if—

(a)

a court convicts a person of an offence against any of sections 56(1), 56(2), 57(1), 57(2), 57AA, 58(1)(a), 60(1)(a) to (c), 61(1), 61(2), and 62(1)(a); 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.

(2)

If this section applies, the court must make an order authorising the person to apply for a zero alcohol licence that has effect for a period of 3 years from the issue of the licence.

(3)

A person authorised under subsection (2) may apply for a zero alcohol licence,—

(a)

in the case of a person who is subject to 1 or more orders of disqualification, no earlier than the day after the end of the last period of disqualification to which the person is subject; or

(b)

in the case of a person who is subject to an order made under section 65A(2)(b), when the Agency makes an order under section 100A(1).

(4)

A person who is subject to an order under subsection (2) and does not apply for a zero alcohol licence is to be treated as a person with a licence of no effect under section 29(1).

Section 65B: inserted, on 10 September 2012, by section 30 of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).

Name suppression[Repealed]

Heading: repealed, on 5 March 2012, pursuant to section 393 of the Criminal Procedure Act 2011 (2011 No 81).

66 Names of drivers convicted of alcohol or drug-related offences may not be suppressed
[Repealed]

Section 66: repealed, on 5 March 2012 (applying in relation to a proceeding for an offence that was commenced before that date), by section 393 of the Criminal Procedure Act 2011 (2011 No 81).

Blood test fee

67 Blood test fee

(1)

The following persons who undergo a blood test are liable to pay the blood test fee that applied on the date of that test and any associated medical expenses:

(a)

any person who—

(i)

elects or is required to undergo the blood test under section 70A(1) or 72(1); and

(ii)

before undergoing the blood test is advised in accordance with section 69(4A)(d), 72(1D), or 72(1E):

(b)

any person who undergoes a blood test under section 73.

(1A)

Subsection (1) does not apply if the result of the blood test indicates that the person has committed an infringement offence against section 56(2B).

(1B)

The blood test fee and any associated medical expenses payable by a person under subsection (1),—

(a)

in the case of a person who is convicted of an offence against any of sections 56(2), 57(2), 57AA, 57A, 58, 61(1)(b), 61(2), and 62, are deemed to be a fine imposed on the conviction of the person for that offence; and

(b)

in all other cases, are recoverable from the person as a debt due to the Crown.

(1C)

An enforcement officer may waive or refund the blood test fee and any associated medical expenses payable or paid by a person under subsection (1) if—

(a)

the result of the blood test does not indicate that the person contravened a specified blood-alcohol limit; and

(b)

the blood test—

(i)

was taken under section 72(1)(a) and the enforcement officer is satisfied, on the evidence of a medical practitioner, that the person’s failure or refusal to undergo an evidential breath test was because of—

(A)

a pre-existing medical condition or pre-existing disability that precluded undergoing the test; or

(B)

an injury, sustained in a motor vehicle accident that gave rise to the obligation to undergo the test; or

(ii)

was taken under section 73.

(2)

For the purposes of subsection (1), the Minister of Police may from time to time, by notice in the Gazette, prescribe a fee for each type of blood test that is carried out under this Act.

(3)

The medical expenses referred to in subsection (1) may not exceed the actual and reasonable medical expenses associated with the taking of a blood specimen.

Compare: 1962 No 135 s 30AB(4)

Section 67(1): replaced, on 1 December 2014, by section 8 of the Land Transport Amendment Act (No 2) 2014 (2014 No 57).

Section 67(1A): inserted, on 1 December 2014, by section 8 of the Land Transport Amendment Act (No 2) 2014 (2014 No 57).

Section 67(1B): inserted, on 1 December 2014, by section 8 of the Land Transport Amendment Act (No 2) 2014 (2014 No 57).

Section 67(1C): inserted, on 1 December 2014, by section 8 of the Land Transport Amendment Act (No 2) 2014 (2014 No 57).

Section 67(2): substituted, on 1 November 2009, by section 14(4) of the Land Transport Amendment Act 2009 (2009 No 17).

Section 67(3): added, on 1 November 2009, by section 14(4) of the Land Transport Amendment Act 2009 (2009 No 17).

Enforcement procedures for offences involving intoxication

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)

in the case of a person who holds an alcohol interlock licence or a zero alcohol licence, the person has undergone a breath screening test under section 68 and it appears to the officer that the breath of the person who underwent the test contains alcohol; or

(aa)

in the case of a person who is apparently younger than 20, the person has undergone a breath screening test under section 68 and it appears to the officer that the breath of the person who underwent the test contains alcohol; or

(ab)

in the case of any other person, the person has undergone a breath screening test under section 68 and it appears to the officer that the proportion of alcohol in the breath of the person who underwent the test exceeds 250 micrograms of alcohol per litre of breath; or

(b)
[Repealed]

(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).

(4A)

An enforcement officer who requires a person to undergo an evidential breath test under subsection (4) must, without delay, advise the person—

(a)

that if the person fails or refuses to undergo the evidential breath test, the person will be required to permit the taking of a blood specimen under section 72(1)(a); and

(b)

that if the result of a blood test indicates the presence of alcohol in the person’s blood the person may be issued with an infringement offence notice or charged with an offence, depending on the proportion of alcohol; and

(c)

of the infringement fee payable for a breach of section 56(2B); and

(d)

that the person may be liable to pay a blood test fee and associated medical costs, whether or not the result of the blood test establishes that the person has committed an offence against this Act.

(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

Section 69(1): amended, on 7 August 2011, by section 32(1) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).

Section 69(1)(a): substituted, on 7 August 2011, by section 32(2) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).

Section 69(1)(aa): inserted, on 7 August 2011, by section 32(2) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).

Section 69(1)(ab): inserted, on 7 August 2011, by section 32(2) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).

Section 69(1)(ab): amended, on 1 December 2014, by section 15 of the Land Transport Amendment Act (No 2) 2014 (2014 No 57).

Section 69(1)(b): repealed, on 7 August 2011, by section 32(3) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).

Section 69(4A): inserted, on 1 December 2014, by section 9 of the Land Transport Amendment Act (No 2) 2014 (2014 No 57).

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)

A 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, if the result of that person’s evidential breath test appears to be positive, and—

(a)

the result of the person’s evidential breath test indicates that the proportion of alcohol in the person’s breath exceeds 400 micrograms of alcohol per litre of breath; or

(b)

the person is apparently younger than 20; or

(c)

the person holds an alcohol interlock licence or a zero alcohol licence.

(2)

A person does not have the right to elect to have a blood test to assess the proportion of alcohol in his or her blood if the result of the person’s positive evidential breath test indicates that the proportion of alcohol in the person’s breath exceeds 250 micrograms of alcohol per litre of breath but does not exceed 400 micrograms of alcohol per litre of breath.

(3)

Subsection (2) does not apply to a person who is apparently younger than 20 or who holds an alcohol interlock licence or a zero alcohol licence.

Section 70A: replaced, on 1 December 2014, by section 10 of the Land Transport Amendment Act (No 2) 2014 (2014 No 57).

71 Meaning of apparently younger than 20

(1)

For the purposes of section 69(1)(aa), 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)

Section 71(1): amended, on 1 December 2014, by section 15 of the Land Transport Amendment Act (No 2) 2014 (2014 No 57).

71A Requirement to undergo compulsory impairment test

(1)

An enforcement officer may require any of the following persons to undergo a compulsory impairment test given by an enforcement officer trained to give the test if the enforcement officer has good cause to suspect that the person has consumed a drug or drugs:

(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 require a person specified under subsection (1) to—

(a)

remain in the place where stopped, for a period of time that is reasonable in the circumstances, to undergo the compulsory impairment test; or

(b)

accompany an enforcement officer to another place to undergo the compulsory impairment test if it would enhance road safety, personal safety, the person’s privacy, or the giving or taking of the test.

(3)

A person who has undergone a compulsory impairment test must remain at the place where the person underwent the test until after the result of the test is ascertained.

(4)

An enforcement officer may arrest a person without warrant if the person refuses or fails to comply with subsection (2) or (3).

(5)

An enforcement officer may exercise the powers in subsections (1) and (2) in addition to any breath screening tests under section 68 or evidential breath tests under section 69 and regardless of the outcome of any such tests.

Section 71A: inserted, on 1 November 2009, by section 15 of the Land Transport Amendment Act 2009 (2009 No 17).

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; or

(e)

the person 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.

(1AA)

Subsection (1)(b) does not apply in the case of a person (other than a person who is apparently younger than 20 or who holds an alcohol interlock licence or a zero alcohol licence) if the result of the evidential breath test under section 69(4) indicates that the proportion of alcohol in the person’s breath exceeds 250 micrograms of alcohol per litre of breath but does not exceed 400 micrograms of alcohol per litre of breath.

(1A)

Subsection (1)(e) only applies if an enforcement officer has good cause to suspect that the person has consumed a drug or drugs.

(1B)

Subsection (1)(e) applies regardless of whether the person has failed any breath screening tests under section 68 or evidential breath tests under section 69 and regardless of the outcome of any such tests.

(1C)

An enforcement officer may exercise the powers in subsections (1) and (2) in addition to any breath screening tests under section 68 or evidential breath tests under section 69.

(1D)

An enforcement officer who advises a person of the matters specified in section 77(3)(a) (which sets out the conditions of the admissibility of an evidential breath test) must also, without delay, advise the person that if the person elects to have a blood test the person may be liable to pay a blood test fee and associated medical costs, whether or not the result of that blood test establishes that the person has committed an offence against this Act.

(1E)

An enforcement officer who requires a person to permit the taking of a blood specimen under subsection (1)(c), (d), or (e) must advise the person that the person may be liable to pay a blood test fee and associated medical costs, whether or not the result of the blood test establishes that the person has committed an offence against this Act.

(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 for the purposes of the relevant blood specimen collecting procedure,—

(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 do 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(1): amended, on 18 September 2004, by section 175(1) of the Health Practitioners Competence Assurance Act 2003 (2003 No 48).

Section 72(1)(b): amended, on 29 December 2001, by section 7 of the Land Transport (Road Safety Enforcement) Amendment Act 2001 (2001 No 104).

Section 72(1)(d)(i): amended, on 18 September 2004, by section 175(1) of the Health Practitioners Competence Assurance Act 2003 (2003 No 48).

Section 72(1)(d)(ii): amended, on 1 November 2009, by section 16(1) of the Land Transport Amendment Act 2009 (2009 No 17).

Section 72(1)(d)(ii): amended, on 18 September 2004, by section 175(1) of the Health Practitioners Competence Assurance Act 2003 (2003 No 48).

Section 72(1)(e): added, on 1 November 2009, by section 16(1) of the Land Transport Amendment Act 2009 (2009 No 17).

Section 72(1AA): inserted, on 1 December 2014, by section 11(1) of the Land Transport Amendment Act (No 2) 2014 (2014 No 57).

Section 72(1A): inserted, on 1 November 2009, by section 16(2) of the Land Transport Amendment Act 2009 (2009 No 17).

Section 72(1B): inserted, on 1 November 2009, by section 16(2) of the Land Transport Amendment Act 2009 (2009 No 17).

Section 72(1C): inserted, on 1 November 2009, by section 16(2) of the Land Transport Amendment Act 2009 (2009 No 17).

Section 72(1D): inserted, on 1 December 2014, by section 11(2) of the Land Transport Amendment Act (No 2) 2014 (2014 No 57).

Section 72(1E): inserted, on 1 December 2014, by section 11(2) of the Land Transport Amendment Act (No 2) 2014 (2014 No 57).

Section 72(2): amended, on 18 September 2004, by section 175(1) of the Health Practitioners Competence Assurance Act 2003 (2003 No 48).

Section 72(3): amended, on 18 September 2004, by section 175(1) of the Health Practitioners Competence Assurance Act 2003 (2003 No 48).

Section 72(4): amended, on 5 November 2011, by section 33(1) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).

Section 72(4)(a): amended, on 5 November 2011, by section 33(2) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).

Section 72(4)(a): amended, on 18 September 2004, by section 175(1) of the Health Practitioners Competence Assurance Act 2003 (2003 No 48).

Section 72(5)(b): amended, on 18 September 2004, by section 175(1) of the Health Practitioners Competence Assurance Act 2003 (2003 No 48).

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 take a blood specimen or 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 for the purposes of the relevant blood specimen collecting procedure, 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), 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—

(i)

an accident or incident involving a motor vehicle:

(ii)

an injury or a medical condition arising subsequent to an accident or incident 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 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 laboratory, 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

Section 73(1)(a): amended, on 18 September 2004, by section 175(1) of the Health Practitioners Competence Assurance Act 2003 (2003 No 48).

Section 73(1)(b): amended, on 18 September 2004, by section 175(1) of the Health Practitioners Competence Assurance Act 2003 (2003 No 48).

Section 73(2)(a): amended, on 18 September 2004, by section 175(1) of the Health Practitioners Competence Assurance Act 2003 (2003 No 48).

Section 73(2)(b): amended, on 18 September 2004, by section 175(1) of the Health Practitioners Competence Assurance Act 2003 (2003 No 48).

Section 73(3): amended, on 18 September 2004, by section 175(1) of the Health Practitioners Competence Assurance Act 2003 (2003 No 48).

Section 73(3)(a): amended, on 5 November 2011, by section 34(1) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).

Section 73(3)(a): amended, on 18 September 2004, by section 175(1) of the Health Practitioners Competence Assurance Act 2003 (2003 No 48).

Section 73(3)(b): amended, on 18 September 2004, by section 175(1) of the Health Practitioners Competence Assurance Act 2003 (2003 No 48).

Section 73(4): amended, on 5 November 2011, by section 34(2) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).

Section 73(4): amended, on 18 September 2004, by section 175(1) of the Health Practitioners Competence Assurance Act 2003 (2003 No 48).

Section 73(5): amended, on 5 November 2011, by section 34(3) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).

Section 73(5): amended, on 22 June 2005, by section 37(a) of the Land Transport Amendment Act 2005 (2005 No 77).

Section 73(5): amended, on 22 June 2005, by section 37(b) of the Land Transport Amendment Act 2005 (2005 No 77).

Section 73(5): amended, on 18 September 2004, by section 175(1) of the Health Practitioners Competence Assurance Act 2003 (2003 No 48).

Section 73(5)(a): substituted, on 1 November 2009, by section 17 of the Land Transport Amendment Act 2009 (2009 No 17).

Section 73(7): amended, on 5 November 2011, by section 34(4) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).

Section 73(7): amended, on 1 January 2001, by section 111(1) of the New Zealand Public Health and Disability Act 2000 (2000 No 91).

73A Evidence 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

Evidence of a controlled drug in a blood sample taken under section 72 or 73 may not be used as evidence of the use of a controlled drug in a prosecution for an offence under the Misuse of Drugs Act 1975.

Section 73A: inserted, on 1 November 2009, by section 18 of the Land Transport Amendment Act 2009 (2009 No 17).

74 Procedure for dealing with blood specimens

(1)

A blood specimen taken under section 72 or 73 must be dealt with in accordance with the relevant blood specimen collecting procedure.

(2)

[Repealed]

(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, the blood specimen to an approved laboratory for its analysis and custody in accordance with the relevant blood specimen collecting procedure.

(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 registered post, the blood specimen to an approved laboratory for its analysis and custody in accordance with the relevant blood specimen collecting procedure; and

(b)

if, at the time the blood specimen is taken, there is more than 1 approved laboratory, give the Commissioner a written notification—

(i)

identifying the approved laboratory to whom the blood specimen was (or is 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 laboratory to whom the blood specimen taken from the person was delivered or posted under subsection (3) or subsection (4); and

(ii)

that laboratory must send by registered post, personal delivery, or delivery by courier the blood specimen, held for the purpose, 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 laboratory.

(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 34 of the Criminal Procedure Act 2011 in respect of any such offence, the date on which the defendant is so arrested; or

(iia)

in the case of an infringement offence, the date on which the defendant is served with an infringement notice in respect of the infringement offence; or

(iii)

in any case to which subparagraph (i), (ii), or (iia) 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 blood specimen is to be sent and the address of the private analyst.

(8)

A blood specimen sent to an approved laboratory 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

Section 74(1): substituted, on 5 November 2011, by section 35(1) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).

Section 74(2): repealed, on 5 November 2011, by section 35(1) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).

Section 74(3): amended, on 5 November 2011, by section 35(2) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).

Section 74(4): amended, on 18 September 2004, by section 175(1) of the Health Practitioners Competence Assurance Act 2003 (2003 No 48).

Section 74(4)(a): amended, on 5 November 2011, by section 35(3) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).

Section 74(4)(b): amended, on 5 November 2011, by section 35(4) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).

Section 74(4)(b)(i): substituted, on 5 November 2011, by section 35(5) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).

Section 74(5)(b)(i): amended, on 5 November 2011, by section 35(6) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).

Section 74(5)(b)(ii): substituted, on 5 November 2011, by section 35(7) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).

Section 74(6): amended, on 5 November 2011, by section 35(8) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).

Section 74(7)(a)(ii): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

Section 74(7)(a)(iia): inserted, on 1 December 2014, by section 12 of the Land Transport Amendment Act (No 2) 2014 (2014 No 57).

Section 74(7)(a)(iii): replaced, on 1 December 2014, by section 12 of the Land Transport Amendment Act (No 2) 2014 (2014 No 57).

Section 74(7)(c): amended, on 26 March 2015, by section 4 of the Land Transport Amendment Act 2015 (2015 No 17).

Section 74(8): amended, on 5 November 2011, by section 35(9) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).

Evidential provisions

75 Certificates in blood-alcohol proceedings

(1)

Except as provided in section 79, production of a certificate to which this section applies in proceedings for an offence against this Part is sufficient evidence, in the absence of proof to the contrary, of such of the matters as are stated in the certificate and of the sufficiency of the authority and qualifications of the person by whom the certificate is made and, in the case of a certificate referred to in subsection (5), of the person who carried out the analysis.

(2)

This section applies to a certificate purporting to be signed by a medical practitioner or medical officer and certifying that—

(a)

a specimen of venous blood was taken by the practitioner or medical officer in accordance with the blood specimen collecting procedure specified in the certificate from a person named in the certificate; and

(b)

for the purposes of the specified blood specimen collecting procedure,—

(i)

the specimen was sufficient; or

(ii)

the specimen was insufficient and the practitioner or medical officer took a further specimen; and

(c)

in accordance with the specified blood specimen collecting procedure, the practitioner or medical officer kept the specimen in the appropriate container or containers (as applicable); and

(d)

each such container was received by the practitioner or medical officer in a sealed blood specimen collecting kit; and

(e)

the practitioner or medical officer handed each such container to an enforcement officer named in the certificate.

(3)

This section also applies to a certificate purporting to be signed by a medical practitioner and certifying that—

(a)

the person named in the certificate was in a hospital or doctor’s surgery; and

(b)

the practitioner, being a medical practitioner in immediate charge of the examination, care, or treatment of that person, took a blood specimen or caused a blood specimen to be taken by any other medical practitioner or any medical officer from the person under section 73; and

(c)

the practitioner has reasonable grounds to suspect that the person is in the hospital or doctor’s surgery as a result of—

(i)

an accident or incident involving a motor vehicle:

(ii)

an injury or a medical condition arising subsequent to an accident or incident involving a motor vehicle; and

(d)

before taking the blood specimen or causing the blood specimen to be taken from the person, the practitioner examined the person and was satisfied that the taking of the blood specimen would not be prejudicial to the person’s proper care or treatment; and

(e)

the practitioner either—

(i)

told the person that the blood specimen was being or had been taken under section 73 for evidential purposes; or

(ii)

if the person was unconscious when the specimen was taken, notified the person in writing as soon as practicable that the blood specimen was taken under section 73 for evidential purposes.

(4)

This section also applies to a certificate purporting to be signed by a medical practitioner or medical officer and certifying—

(a)

all the matters referred to in paragraphs (a) to (d) of subsection (2); and

(b)

that the practitioner or medical officer sent or caused to be sent by registered post, personal delivery, or delivery by courier, on a specified date, the specimen to a specified approved laboratory in accordance with section 74; and

(c)

that, if at the time the blood specimen was taken more than 1 approved laboratory exists, the practitioner or medical officer has notified the Commissioner in writing of the approved laboratory to which the specimen was delivered or posted.

(5)

This section also applies to a certificate purporting to be signed by an approved analyst and certifying that—

(a)

a blood specimen in a sealed container was, on a specified date, delivered to an approved analyst (or a person employed by an approved laboratory and approved for the purpose by an approved analyst) for analysis, and was delivered by registered post or personal delivery or delivery by courier; and

(b)

on analysis of the blood specimen by an analyst specified in the certificate, the presence or a specified proportion of alcohol or of a drug, or both (as the case may be), was found in the specimen; and

(c)

no such deterioration or congealing was found as would prevent a proper analysis.

(6)

This section also applies to a certificate purporting to be signed by an approved analyst and certifying that, following an application under section 74, a blood specimen was posted to a specified private analyst by registered post, personal delivery, or delivery by courier, and addressed to the private analyst at the address given in the application.

(7)

For the purposes of this section, it is not necessary for the person making a certificate to specify his or her entitlement to give the certificate if the certificate indicates that the person belongs to the general category of persons who may make such a certificate.

Compare: 1962 No 135 s 58G

Section 75(2): substituted, on 5 November 2011, by section 36(1) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).

Section 75(3): amended, on 18 September 2004, by section 175(1) of the Health Practitioners Competence Assurance Act 2003 (2003 No 48).

Section 75(3)(b): amended, on 18 September 2004, by section 175(1) of the Health Practitioners Competence Assurance Act 2003 (2003 No 48).

Section 75(3)(c): substituted, on 5 November 2011, by section 36(2) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).

Section 75(4): amended, on 18 September 2004, by section 175(1) of the Health Practitioners Competence Assurance Act 2003 (2003 No 48).

Section 75(4)(b): amended, on 5 November 2011, by section 36(3) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).

Section 75(4)(b): amended, on 18 September 2004, by section 175(1) of the Health Practitioners Competence Assurance Act 2003 (2003 No 48).

Section 75(4)(c): substituted, on 5 November 2011, by section 36(4) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).

Section 75(5)(a): amended, on 5 November 2011, by section 36(5) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).

Section 75(5)(b): amended, on 1 November 2009, by section 19 of the Land Transport Amendment Act 2009 (2009 No 17).

Section 75(6): amended, on 5 November 2011, by section 36(6) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).

75A Certificates of compliance for evidential breath-testing devices

(1)

An evidential breath-testing device must be supported by a certificate of compliance given under this section by a person authorised for the purpose by the Science Minister.

(2)

At any trial for an offence involving excess breath alcohol recorded by the device (being an offence committed on or after the commencement of this section), the prosecution must produce to the court a certified copy of the certificate of compliance. The certification must be given by a person authorised for the purpose by the Commissioner and must state that the copy is a true copy of the original certificate.

(3)

Subject to subsection (4), a certificate of compliance or a certified copy of it that is produced under subsection (2) is for all purposes conclusive evidence of the matters stated in the certificate, and neither the matters stated in the certificate nor the manufacturer’s specifications for the device concerned may be challenged, called into question, or put in issue in any proceedings in respect of an offence involving excess breath alcohol recorded by the device.

(4)

In the absence of proof to the contrary, a document purporting to be a certificate of compliance or a certified copy of a certificate of compliance—

(a)

must be treated as such a certificate or certified copy; and

(b)

is conclusive evidence of the sufficiency of the authority of the person who signed the document.

(5)

After consultation with the Minister and the Minister of Justice, the Minister of Police must, by notice in the Gazette, specify for each kind of evidential breath-testing device the matters that are required to be stated in a certificate of compliance.

(6)

Without limiting subsection (5),—

(a)

in the case of any kind of evidential breath-testing device approved after the commencement of this section, the notice under subsection (5) must be given in conjunction with the notice approving that kind of device:

(b)

a notice under subsection (5) must specify the maximum period of service for the relevant kind of device, and must require a certificate of compliance to specify the date on which that period began or begins:

(c)

a notice under subsection (5) must specify the maximum period permitted between the date on which a certificate of compliance is issued and the date by which a test result must be obtained, and must require a certificate of compliance to specify the date on which the certificate of compliance was issued:

(d)

a notice under subsection (5) must require a certificate of compliance to include a statement to the effect that the device is being maintained within the manufacturer’s specifications.

Section 75A: inserted, on 29 December 2001, by section 8 of the Land Transport (Road Safety Enforcement) Amendment Act 2001 (2001 No 104).

Section 75A(2): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

76 Presumptions relating to blood specimens

(1)

In proceedings for an offence against this Act it is to be presumed, in the absence of proof to the contrary, that,—

(a)

if a certificate referred to in section 75 names a person having the same name, address, and occupation as the defendant as the person from whom the specimen of blood was taken, the specimen was taken from the defendant:

(b)

every approved analyst who signed a certificate referred to in section 75(5) was duly authorised to sign it:

(c)

if the container in which a blood specimen (or part of a blood specimen) was placed was received by a medical practitioner or medical officer in a sealed blood specimen collecting kit, the container contained a substance (whether or not a combination or mixture of 2 or more substances) and that substance was a preservative and anti-coagulant.

(2)

On the request of a person from whom a blood specimen has been taken under section 72 or section 73, or of the person’s solicitor or counsel, copies of any certificates referred to in subsection (1) that relate to that blood specimen must be supplied by the prosecutor to the person making the request.

Compare: 1962 No 135 s 58G

Section 76(1)(c): amended, on 5 November 2011, by section 37 of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).

Section 76(1)(c): amended, on 18 September 2004, by section 175(1) of the Health Practitioners Competence Assurance Act 2003 (2003 No 48).

77 Presumptions relating to alcohol-testing

(1)

For the purposes of proceedings for an offence against this Act arising out of the circumstances in respect of which an evidential breath test was undergone by the defendant, it is to be conclusively presumed that the proportion of alcohol in the defendant’s breath at the time of the alleged offence was the same as the proportion of alcohol in the defendant’s breath indicated by the test.

(2)

For the purposes of proceedings for an offence against this Act arising out of the circumstances in respect of which a blood specimen was taken from the defendant under section 72 or section 73, it is to be conclusively presumed that the proportion of alcohol in the defendant’s blood at the time of the alleged offence was the same as the proportion of alcohol in the blood specimen taken from the defendant.

(3)

Except as provided in subsections (3B) and (4), the result of a positive evidential breath test is not admissible in evidence in proceedings for an offence against any of sections 56 to 62 if—

(a)

the person who underwent the test is not advised by an enforcement officer, without delay after the result of the test is ascertained,—

(i)

that the test was positive; and

(ii)

of the consequences specified in subsection (3A), so far as applicable, if he or she does not request a blood test within 10 minutes; or

(b)

the person who underwent the test—

(i)

advises an enforcement officer, within 10 minutes of being advised of the matters specified in paragraph (a), that the person wishes to undergo a blood test; and

(ii)

complies with section 72(2).

(3A)

The consequences referred to in subsection (3)(a)(ii) are—

(a)

that the positive test could of itself be conclusive evidence to lead to that person’s conviction for an offence against this Act if—

(i)

the test indicates that the proportion of alcohol in the person’s breath exceeds 400 micrograms of alcohol per litre of breath; or

(ii)

the person is younger than 20 and the proportion of alcohol in the person’s breath exceeds 150 micrograms of alcohol per litre of breath; or

(iii)

the person holds an alcohol interlock licence or a zero alcohol licence:

(b)

that the positive test could of itself be conclusive evidence that the person has committed an infringement offence against this Act if the person is younger than 20 and the test indicates that the person’s breath contains alcohol but the proportion of alcohol does not exceed 150 micrograms of alcohol per litre of breath.

(3B)

Subsection (3) does not apply if the result of a positive evidential breath test indicates that the proportion of alcohol in a person’s breath (other than a person who is apparently younger than 20 or who holds an alcohol interlock licence or a zero alcohol licence) exceeds 250 micrograms of alcohol per litre of breath, but does not exceed 400 micrograms of alcohol per litre of breath.

(4)

Subsection (3)(a) does not apply if the person who underwent the test fails or refuses to remain at the place where the person underwent the test until the person can be advised of the result of the test.

(5)

[Repealed]

(6)

If it is proved in proceedings for an offence against section 60 that the defendant failed or refused to comply with section 13 without reasonable cause, that failure or refusal may be treated as supporting any evidence given on behalf of the prosecution, or as rebutting any evidence given on behalf of the defendant, concerning the defendant’s condition at the time of the alleged offence.

Compare: 1962 No 135 s 58(4), (5), (6)

Section 77(3): replaced, on 1 December 2014, by section 13 of the Land Transport Amendment Act (No 2) 2014 (2014 No 57).

Section 77(3A): inserted, on 1 December 2014, by section 13 of the Land Transport Amendment Act (No 2) 2014 (2014 No 57).

Section 77(3B): inserted, on 1 December 2014, by section 13 of the Land Transport Amendment Act (No 2) 2014 (2014 No 57).

Section 77(5): repealed, on 29 December 2001, by section 9(2) of the Land Transport (Road Safety Enforcement) Amendment Act 2001 (2001 No 104).

78 Presumptions as to age of driver

If a certificate referred to in section 143 is produced in proceedings for an offence against this Part involving a person who is apparently younger than 20, it is to be presumed, in the absence of proof to the contrary, that the date stated in the certificate as being the date of birth of the person to whom the certificate relates is accurate.

Compare: 1962 No 135 s 58G(5)

79 Circumstances in which certificate not admissible in proceedings

(1)

No certificate referred to in subsection (2) or subsection (3) or subsection (4) of section 75 (which certificates relate to the taking of a blood specimen by a medical practitioner or medical officer) is admissible in evidence in proceedings for an offence against this Act if the court, on application made by the defendant not less than 14 days before the hearing, orders that the medical practitioner or medical officer who gave the certificate ought to appear as a witness at the hearing.

(2)

No certificate referred to in section 75(5) (which certificate is given by an approved analyst and relates to the presence or proportion of alcohol, a drug, or both, found to be in a blood specimen) is admissible in evidence in proceedings for an offence against this Act if—

(a)

application has been made in accordance with section 74 for the blood specimen to be sent to a private analyst; and

(b)

the specimen has not been sent to the private analyst in compliance with the application;—

but this subsection does not apply in respect of a specimen destroyed under the authority of section 74(8) before the date of the application.

(3)

No certificate referred to in subsection (5) or subsection (6) of section 75 (which certificate is given by an approved analyst and relates to the presence or proportion of alcohol, a drug, or both, in a blood specimen, or to the sending of a specimen to a private analyst) is admissible in evidence in proceedings for an offence against this Act if the court, on application made by the defendant not less than 14 days before the hearing, orders that,—

(a)

in the case of a certificate referred to in that subsection (5), the person who made the analysis or the approved analyst who gave the certificate ought to appear as a witness at the hearing; or

(b)

in the case of a certificate referred to in that subsection (6), the person who posted or delivered the specimen, or the person who gave the specimen to the courier, or the approved analyst who gave the certificate ought to appear as a witness at the hearing.

(4)

The court may not make an order under subsection (3) unless the application made by the defendant under that subsection is accompanied by an affidavit, sworn by the private analyst who is specified in the defendant’s application under section 74, to the effect that,—

(a)

since the date given to the private analyst as the date on which application was made under section 74 for the sending to the analyst of a blood specimen relating to the defendant, the analyst has not received any such specimen; or

(b)

the blood specimen received by the private analyst relating to the defendant—

(i)

was not suitable for analysis; or

(ii)

was suitable for analysis but, for specified reasons, that analysis was not carried out; or

(iii)

was suitable for analysis and that analysis was carried out but, for specified reasons, the results of the analysis are not available; or

(c)

the blood specimen received by the private analyst relating to the defendant has been analysed and found to contain,—

(i)

in the case of a defendant who (at the time of the commission of the offence) was younger than 20 or held an alcohol interlock licence or a zero alcohol licence, no alcohol; or

(ii)

in any other case, not more than 50 milligrams of alcohol per 100 millilitres of blood; or

(d)

the blood specimen received by the private analyst relating to the defendant has been analysed and found to contain 20 milligrams or more of alcohol per 100 millilitres of blood more or less than the proportion of alcohol per 100 millilitres of blood specified in the certificate referred to in section 75(5); or

(e)

if a certificate certifies that there is evidence of a qualifying drug, the defendant’s blood specimen has been received and analysed by the private analyst and found to contain no evidence of a qualifying drug.

(5)

Where a blood specimen is destroyed in accordance with section 74(8), that act does not affect the admissibility in proceedings of a certificate given in respect of the specimen by an approved analyst for the purposes of this Act.

Compare: 1962 No 135 s 58H

Section 79(1): amended, on 18 September 2004, by section 175(1) of the Health Practitioners Competence Assurance Act 2003 (2003 No 48).

Section 79(2): amended, on 1 November 2009, by section 20(1) of the Land Transport Amendment Act 2009 (2009 No 17).

Section 79(2)(a): amended, on 5 November 2011, by section 39(1) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).

Section 79(2)(b): amended, on 5 November 2011, by section 39(2) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).

Section 79(3): amended, on 5 November 2011, by section 39(3) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).

Section 79(3): amended, on 1 November 2009, by section 20(2) of the Land Transport Amendment Act 2009 (2009 No 17).

Section 79(3)(b): amended, on 5 November 2011, by section 39(4) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).

Section 79(4)(c)(i): substituted, on 5 November 2011, by section 39(5) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).

Section 79(4)(c)(ii): amended, on 1 December 2014, by section 15 of the Land Transport Amendment Act (No 2) 2014 (2014 No 57).

Section 79(4)(d): amended, on 1 November 2009, by section 20(3) of the Land Transport Amendment Act 2009 (2009 No 17).

Section 79(4)(e): added, on 1 November 2009, by section 20(3) of the Land Transport Amendment Act 2009 (2009 No 17).

Section 79(4)(e): amended, on 1 November 2009, by section 16 of the Land Transport (Enforcement Powers) Amendment Act 2009 (2009 No 36).

Part 6A Offences relating to transport services and penalties

Part 6A: inserted, on 1 October 2007, by section 38 of the Land Transport Amendment Act 2005 (2005 No 77).

79A Offence to carry on transport service without licence

(1)

A person commits an offence if the person carries on any transport service without the appropriate current licence.

(2)

The maximum penalty on conviction for an offence against subsection (1) is a fine not exceeding $10,000.

(3)

A person who is convicted of a second or subsequent offence against subsection (1) is liable on conviction to a fine not exceeding $25,000 and the court may, if it thinks appropriate, order any or every vehicle used under the transport service to be immediately impounded and held at a location that the Agency specifies, at the expense of the convicted person (which is in addition to the fine and any other costs (if any) ordered by the court), for a period specified by the court that does not exceed 90 days.

(4)

Any fees and charges incurred with respect to an impoundment under subsection (3) are recoverable from the convicted person by the vehicle recovery service operator or storage provider.

(5)

Nothing in subsection (4) limits or affects any rights against the owner of the vehicle, or in respect of the vehicle, that may be exercised by the vehicle recovery service operator or storage provider.

(6)

A person may not remove or release from storage an impounded motor vehicle, unless allowed to do so under this Act.

(7)

The storage provider must immediately comply with a direction under this Act to release the vehicle to the owner or a person authorised for the purpose by the owner.

(8)

The Agency, or a person authorised for the purpose by the Agency, may enter into such arrangements with vehicle recovery service operators and storage providers as the Agency considers necessary for the purposes of this section.

Compare: 1989 No 74 s 5(2), (5), (6)

Section 79A: inserted, on 1 October 2007, by section 38 of the Land Transport Amendment Act 2005 (2005 No 77).

Section 79A(3): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

Section 79A(3): amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

Section 79A(8): amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

79B Provision of incorrect information

A licence holder or person having control of a transport service who notifies the Agency that the licence holder or person holds the appropriate certificate, knowing that the information is incorrect or being reckless as to whether or not it is correct, commits an offence and is liable on conviction to a fine not exceeding $10,000.

Compare: 1989 No 74 s 18(6)

Section 79B: inserted, on 1 October 2007, by section 38 of the Land Transport Amendment Act 2005 (2005 No 77).

Section 79B: amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

Section 79B: amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

79C Failure to present vehicle for inspection

(1)

A transport service licence holder commits an offence if he or she fails to present his or her transport service vehicle for inspection when required to do so by the Agency.

(2)

The maximum penalty on conviction for an offence against subsection (1) is a fine not exceeding $10,000.

Section 79C: inserted, on 1 October 2007, by section 38 of the Land Transport Amendment Act 2005 (2005 No 77).

Section 79C(1): amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

79D Contravention of section 30K

(1)

A person commits an offence if the person applies for a transport service licence while disqualified from holding or obtaining a transport service licence.

(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 transport service licence for 6 months or more.

(3)

The imposition of a mandatory disqualification under this section is subject, with all necessary modifications, to the criteria specified in section 81.

Section 79D: inserted, on 1 October 2007, by section 38 of the Land Transport Amendment Act 2005 (2005 No 77).

79E Liability of persons who use unlicensed transport service

(1)

A person commits an offence if the person uses a transport service and knows or ought reasonably to know that, at the time the person used the transport service,—

(a)

the operator of the transport service did not hold an appropriate transport service licence; or

(b)

the operator of the transport service was disqualified from holding or obtaining a transport service licence; or

(c)

the transport service licence of the operator was suspended or revoked.

(2)

The maximum penalty on conviction for an offence against subsection (1) is a fine not exceeding $25,000.

Section 79E: inserted, on 1 October 2007, by section 38 of the Land Transport Amendment Act 2005 (2005 No 77).

79F Contravention of section 30M

(1)

A person who holds a goods service licence commits an offence if the person fails to comply with or contravenes any condition imposed in respect of the holder’s licence under section 30M.

(2)

The maximum penalty on conviction for an offence against subsection (1) is a fine not exceeding $10,000.

Compare: 1989 No 74 s 8(4)

Section 79F: inserted, on 1 October 2007, by section 38 of the Land Transport Amendment Act 2005 (2005 No 77).

79G Contravention of section 87G

(1)

A person commits an offence if the person, having been prohibited under section 87G(1)(b) from driving a transport service vehicle, drives during the currency of the prohibition any vehicle being used in a transport service (other than a rental service) or a specified class of transport service.

(2)

A person commits an offence if the person, having been prohibited under section 87G(1)(c) from carrying out duties or activities of a driving instructor or testing officer, does so during the currency of the prohibition.

(3)

The maximum penalty on conviction for an offence against subsections (1) and (2) is a fine not exceeding $2,000 and disqualification from holding or obtaining a driver licence for such period (if any) as the court thinks fit.

(4)

A person commits an offence if the person applies for or obtains a driver licence, other than a driver licence that relates principally to the use of private motor vehicles, while the person is disqualified under section 87G(1)(a) from obtaining the licence.

(5)

The maximum penalty on conviction for an offence against subsection (4) is a fine not exceeding $500.

Compare: 1989 No 74 s 17(3)–(5)

Section 79G: inserted, on 1 October 2007, by section 38 of the Land Transport Amendment Act 2005 (2005 No 77).

79H Contravention of section 128A

(1)

A person who holds a passenger service licence or a driver of a small passenger service vehicle commits an offence if the person or the driver acts in contravention of or fails to comply with any direction given by an enforcement officer under section 128A.

(2)

The maximum penalty on conviction for an offence against subsection (1) is a fine not exceeding $2,000.

Compare: 1989 No 74 s 37(3)

Section 79H: inserted, on 1 October 2007, by section 38 of the Land Transport Amendment Act 2005 (2005 No 77).

79I Contravention of section 128B

(1)

A person who holds a vehicle recovery service licence or a driver of a vehicle recovery service vehicle commits an offence if the person or the driver acts in contravention of or fails to comply with any direction given by an enforcement officer under section 128B.

(2)

The maximum penalty on conviction for an offence against subsection (1) is a fine not exceeding $2,000.

Compare: 1989 No 74 s 38(3)

Section 79I: inserted, on 1 October 2007, by section 38 of the Land Transport Amendment Act 2005 (2005 No 77).

79J Liability of employers and principal

If an offence is committed against this Part by a person as the employee, agent, or contractor of another person, that offence must be treated as having been committed by both persons, whether or not it was done with the other person’s knowledge or approval, if it is proved that—

(a)

the other person—

(i)

knew, or could reasonably be expected to have known, that the offence was to be, or was being, committed; and

(ii)

failed to take the steps that were reasonably practicable to prevent the commission of the offence; and

(b)

the other person failed to take the steps that were reasonable in the circumstances to remedy the effects of the act or omission that gave rise to the offence.

Compare: 1989 No 74 s 5(3)

Section 79J: inserted, on 1 October 2007, by section 38 of the Land Transport Amendment Act 2005 (2005 No 77).

79K Liability of directors of bodies corporate

If a body corporate is convicted of an offence against this Part, every director of the body corporate also commits the offence and is liable to the same penalty if it is proved that—

(a)

the act or omission that constituted the offence took place with his or her express or implied authority; and

(b)

he or she failed to take all reasonable steps to prevent or stop that act, or remedy that omission.

Compare: 1989 No 74 s 5(4)

Section 79K: inserted, on 1 October 2007, by section 38 of the Land Transport Amendment Act 2005 (2005 No 77).

79L Court may require convicted transport service licence holder to sit examination

The court may require a transport service licence holder to sit, or re-sit, the Certificate of Knowledge of Law and Practice examination if the transport service licence holder is convicted of—

(a)

an offence under this Part or any regulations pertaining to the operation of a licensed transport service; or

(b)

any other offence under this Act that is applicable to a vehicle used in a licensed transport service.

Section 79L: inserted, on 1 October 2007, by section 38 of the Land Transport Amendment Act 2005 (2005 No 77).

79M Penalties for failure to pay passenger service fares

(1)

A person who fails to pay a passenger service or public transport service fare that he or she is liable to pay commits an infringement offence.

(2)

The maximum penalty, on conviction for an offence against subsection (1), is a fine not exceeding $500.

(3)

For the purposes of this section, public transport service has the same meaning as in section 5 of the Land Transport Management Act 2003.

Section 79M: inserted, on 1 October 2007, by section 38 of the Land Transport Amendment Act 2005 (2005 No 77).

Section 79M(1): amended, on 1 January 2009, by section 63(2) of the Public Transport Management Act 2008 (2008 No 87).

Section 79M(2): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

Section 79M(3): added, on 1 January 2009, by section 63(2) of the Public Transport Management Act 2008 (2008 No 87).

Section 79M(3): amended, on 13 June 2013, by section 72 of the Land Transport Management Amendment Act 2013 (2013 No 35).

Part 6B Offences relating to work time and logbooks

Part 6B: inserted, on 1 October 2007, by section 39 of the Land Transport Amendment Act 2005 (2005 No 77).

Subpart 1—Work time

Subpart 1: inserted, on 1 October 2007, by section 39 of the Land Transport Amendment Act 2005 (2005 No 77).

79N Failure to keep or produce records or comply with conditions of exemption or approval

Every person commits an offence who fails or refuses to comply with any of the requirements of section 30ZD or the conditions of any exemption granted or approval given under section 30ZA(1)(a) or (c), and is liable on conviction,—

(a)

in the case of a driver, to a fine not exceeding $2,000, and the person may, for a period of 1 calendar month or such greater period as the court thinks fit, be disqualified from holding or obtaining a licence to drive any vehicle that—

(i)

requires a class 2, 3, 4, or 5 licence (as specified in the rules); or

(ii)

is used in the relevant transport service; or

(iii)

is used to carry goods for hire or reward; or

(b)

in any other case, to a fine not exceeding $100,000.

Compare: 1962 No 135 s 70B(7)

Section 79N: inserted, on 1 October 2007, by section 39 of the Land Transport Amendment Act 2005 (2005 No 77).

Section 79N(a): amended, on 7 August 2011, by section 40(1) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).

Section 79N(a)(i): amended, on 7 August 2011, by section 40(2) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).

Section 79N(a)(ii): amended, on 7 August 2011, by section 40(3) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).

79O Failure to comply with prescribed work time restrictions or rest time requirements

Every person commits an offence who fails to comply with any work time restrictions or rest time requirements prescribed in this Act or the rules, and is liable on conviction to,—

(a)

in the case of a person exceeding the work time restrictions or failing to comply with the rest time requirements by less than 60 minutes in a cumulative work day or less than 120 minutes in a cumulative work period, a fine not exceeding $2,000, and, as the court thinks fit,—

(i)

the person may, for a period of 1 calendar month or any greater period that the court thinks fit, be disqualified from holding or obtaining a licence to drive any vehicle that—

(A)

requires a class 2, 3, 4, or 5 licence (as specified in the rules); or

(B)

is used in the relevant transport service; or

(C)

is used to carry goods for hire or reward; or

(ii)

the person must complete a work time and log-book course approved by the Agency:

(b)

in the case of a person exceeding the work time restrictions or failing to comply with the rest time requirements by 60 minutes or more in a cumulative work day, a fine not exceeding $2,000, and the person must, for a period of 1 calendar month or any greater period that the court thinks fit, be disqualified from holding or obtaining a licence to drive any vehicle that—

(i)

requires a class 2, 3, 4, or 5 licence (as specified in the rules); or

(ii)

is used in the relevant transport service; or

(iii)

is used to carry goods for hire or reward; or

(c)

in the case of a person exceeding the work time restrictions or failing to comply with the rest time requirements by 120 minutes or more in a cumulative work period, a fine not exceeding $2,000, and the person must, for a period of 1 calendar month or any greater period that the court thinks fit, be disqualified from holding or obtaining a licence to drive any vehicle that—

(i)

requires a class 2, 3, 4, or 5 licence (as specified in the rules); or

(ii)

is used in the relevant transport service; or

(iii)

is used to carry goods for hire or reward.

Section 79O: inserted, on 1 October 2007, by section 39 of the Land Transport Amendment Act 2005 (2005 No 77).

Section 79O(a): amended, on 1 October 2007, by section 7 of the Land Transport Amendment Act 2007 (2007 No 66).

Section 79O(a)(i): amended, on 7 August 2011, by section 41(1) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).

Section 79O(a)(i)(A): amended, on 7 August 2011, by section 41(2) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).

Section 79O(a)(i)(B): amended, on 7 August 2011, by section 41(3) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).

Section 79O(a)(ii): amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

Section 79O(b): amended, on 7 August 2011, by section 41(4) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).

Section 79O(b)(i): amended, on 7 August 2011, by section 41(5) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).

Section 79O(b)(ii): amended, on 7 August 2011, by section 41(6) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).

Section 79O(c): amended, on 7 August 2011, by section 41(7) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).

Section 79O(c)(i): amended, on 7 August 2011, by section 41(8) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).

Section 79O(c)(ii): amended, on 7 August 2011, by section 41(9) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).

79P Defences to work time offences

(1)

It is a defence in any proceedings for an offence under this subpart if the defendant proves that the failure to comply with subpart 1 of Part 4B was due to unavoidable delay in