129 Confiscation of motor vehicle after subsequent offence

(1)

This section applies if,—

(a)

on or after 26 July 1996, a person commits an offence (the first offence) against any of sections 32(1)(a) or (b), 35(1)(a) or (b), 36(1), 36AA, 36A(1)(a) or (c), 39(1), 52(6), 52A(1), 56(1) or (2), 57A(1), 58(1), 60(1), 61(1) or (2), or 62(1) of the Land Transport Act 1998 (which relate to driving offences) or section 171 of the Crimes Act 1961 (but only where the manslaughter involved the use of a motor vehicle); and

(b)

within 4 years after the date of the commission of that offence, the person commits a subsequent offence against any of those provisions of the Land Transport Act 1998.

(2)

For the purpose of subsection (1), it does not matter whether or not the subsequent offence is of the same kind as the first offence, but it must be an offence that arises from a different incident from the one that gave rise to the first offence.

(3)

If the court by or before which the offender is convicted of the subsequent offence is satisfied that any motor vehicle owned by the offender or in which the offender has any interest was being driven by, or in the charge of, the offender at the material time, the court must order that the motor vehicle be confiscated.

(4)

Despite subsection (3), the court must not make an order under that subsection if—

(a)

it will result in extreme hardship to the offender or undue hardship to any other person; or

(b)

an interlock is or is to be fitted to the motor vehicle.

(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 (1) must be treated as a conviction for an offence specified in that subsection.

Compare: 1985 No 120 s 84(2A), (2AA)

Section 129 heading: amended, on 11 August 2017, by section 105(3) of the Land Transport Amendment Act 2017 (2017 No 34).

Section 129(1)(a): amended, on 11 August 2017, by section 105(4) of the Land Transport Amendment Act 2017 (2017 No 34).

Section 129(1)(a): amended, on 10 September 2012, by section 100(2) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).

Section 129(1)(a): amended, on 1 May 2011, by section 35(4) of the Land Transport Amendment Act 2009 (2009 No 17).

Section 129(1)(a): amended, on 7 July 2004, by section 17(a) of the Sentencing Amendment Act 2004 (2004 No 68).

Section 129(1)(a): amended, on 7 July 2004, by section 17(b) of the Sentencing Amendment Act 2004 (2004 No 68).

Section 129(1)(a): amended, on 7 July 2004, by section 17(c) of the Sentencing Amendment Act 2004 (2004 No 68).

Section 129(1)(a): amended, on 2 May 2003, by section 11(1) of the Land Transport (Unauthorised Street and Drag Racing) Amendment Act 2003 (2003 No 11).

Section 129(1)(b): amended, on 11 August 2017, by section 105(5) of the Land Transport Amendment Act 2017 (2017 No 34).

Section 129(2): amended, on 11 August 2017, by section 105(6) of the Land Transport Amendment Act 2017 (2017 No 34).

Section 129(3): amended, on 11 August 2017, by section 105(7) of the Land Transport Amendment Act 2017 (2017 No 34).

Section 129(4): replaced, on 1 July 2018, by section 110(1) of the Land Transport Amendment Act 2017 (2017 No 34).