Regulation 4A: revoke and substitute:
“4A Certain proceedings not permitted
Despite anything in these regulations, a person may not be subject to proceedings with respect to a breach of—
“(a) clause 16(1)(a), (c)(ii), or (d)(ii), 18(1), or 57 of the Land Transport (Driver Licensing) Rule 1999 if that person is, with respect to the same facts, being proceeded against for a breach of section 31(1)(b) of the Act:
Item relating to the Land Transport Act 1998 in Schedule 1: insert in their appropriate numerical order:
| 22A(3A) | Contravention, without reasonable excuse, of a bylaw made under section 22AB or 22AC | 1,000 | – | 150 | – |
| 31(1)(b) | Driving contrary to conditions of driver licence | – | – | 400 | 400 |
Item relating to the Land Transport (Driver Licensing) Rule 1999 (91001) in Schedule 1: insert in their appropriate numerical order:
| 16(1)(a) | Drives without being properly accompanied | – | – | 100 | – |
| 16(1)(b) | Fails to display L plate as required for car | – | – | 100 | – |
| 16(1)(c)(i) | Fails to display L plate as required for moped | – | – | 100 | – |
| 16(1)(c)(ii) | Drives between hours of 10 pm and 5 am | – | – | 100 | – |
| 16(1)(d)(i) | Fails to display L plate as required for motorcycle | – | – | 100 | – |
| 16(1)(d)(ii) | Drives in breach of various specified conditions | – | – | 100 | – |
| 18(1) | Drives in breach of various specified conditions | – | – | 100 | – |
| 57 | Drives in breach of automatic transmission condition | – | – | 100 | – |
Item relating to the Land Transport Rule: Vehicle Equipment 2004 (as amended by 32017/2) in Schedule 1: insert in their appropriate numerical order:
| 2.7(1) | Failure to fit motor vehicle with an exhaust system that is in good working order | 500 | 500 | 150 | 150 |
| 2.7(8) | Failure to comply with relevant noise output standards | 500 | 500 | 50 | 50 |
| 3.1(3) | Failure to comply with relevant noise output standards | 500 | 500 | 50 | 50 |
Part 1 of Schedule 2: insert in their appropriate numerical order:
| 1A. Land Transport (Driver Licensing) Rule 1999 (91001) | | 16(1)(a), (c)(ii) or (iii), or (d)(ii), 18, or 57 | | Drives motor vehicle contrary to the conditions of his or her driver licence (other than conditions relating to display of L plate) in a manner that breaches clause 16(1)(a), (c)(ii) or (iii), or (d)(ii), 18, or 57 | 35 |
| | | 16(1)(b), (c)(i), or (d)(i) | | Failure to display L plate as required | 25 |
| 1B. Transport (Vehicle and Driver Registration and Licensing) Act 1986 | | 17 | | Use of unauthorised, deceptive, or obscured plates | 25 |
| 4. Land Transport Rule: Vehicle Equipment 2004 (32017/2) | | 2.7(8) or 3.1(3) | | Failure to operate a motor vehicle with an exhaust system that complies with relevant noise output standards | 25 |
Part 1 of the notice in Schedule 4: omit “Driver's name”
and substitute “Driver's full name”
.
Part 1 of the notice in Schedule 4: omit “Address”
in each place where it appears and substitute in each case “Full address”
.
Part 1 of the notice in Schedule 4: insert “Telephone number: . . . . . . . . . . . . . . .”
after “Occupation: . . . . . . . . . . . . . . .”
.
Part 1 of the notice in Schedule 4: insert “DOB: . . . ./. . . ./. . . . Occupation: . . . . . . . . . . . . . . . Telephone number: . . . . . . . . . . . . . . . Dlic. No: . . . . . .”
above “Time of seizure: . . . . . . . . . . . Date: . . . ./. . . ./. . . .”
.
Paragraph 1 in Part 2 of the notice in Schedule 4: add “or released to a bailiff or constable executing a warrant to seize property under section 94 of the Summary Proceedings Act 1957”
.
Paragraph 3 in Part 2 of the notice in Schedule 4: insert “If you decide to appeal to the Police, you must lodge your appeal with the Police within 14 days of the date on which the vehicle was seized and impounded. After that time, you may appeal to the District Court only with the agreement of the Police, who must be satisfied that exceptional circumstances exist for not appealing to the Police within the 14-day period.”
after “to the District Court.”
Paragraph 4(g) in Part 2 of the notice in Schedule 4: insert “or (1AB)”
after “96(1A)”
.
Paragraph 4(h) in Part 2 of the notice in Schedule 4: insert “or (1AB)”
after “96(1A)”
.
Paragraph 5 in Part 2 of the notice in Schedule 4: add “You must lodge your appeal with the Police within 14 days of the date on which the vehicle was seized and impounded.”
Paragraph 12 in Part 2 of the notice in Schedule 4: add “In addition, the vehicle may be seized by a bailiff or constable executing a warrant to seize property under section 94 of the Summary Proceedings Act 1957 or by a Registrar, bailiff, or constable executing a warrant of confiscation under section 132 of the Sentencing Act 2002.”
Heading to paragraph 13 in Part 2 of the notice in Schedule 4: insert “AND PERSONAL PROPERTY”
after “VEHICLE”
.
Paragraph 13 in Part 2 of the notice in Schedule 4: insert “, and any personal property found in the vehicle, ”
after “impounded vehicle”
.
Paragraph 13(c) in Part 2 of the notice in Schedule 4: add “or any personal property found in the vehicle”
.
Preliminary paragraph relating to collection of data in the form in Schedule 5: omit “Address”
in each place where it appears and substitute in each case “Full address”
.
Preliminary paragraph relating to collection of data in the form in Schedule 5: omit “Operator's name”
and substitute “Operator's full name”
.
Preliminary paragraph relating to collection of data in the form in Schedule 5: insert “Telephone number:”
below “Occupation:”
.
Preliminary paragraph relating to collection of data in the form in Schedule 5: insert “Date of birth:”
below “Address:”
.
Preliminary paragraph relating to collection of data in the form in Schedule 5: insert “Telephone number:”
below “Location:”
.
Paragraph relating to personal property in the vehicle in the form in Schedule 5: add “or to a bailiff or constable executing a warrant to seize property under section 94 of the Summary Proceedings Act 1957”
.
Paragraph relating to how to lodge an appeal in the form in Schedule 5: add “You must lodge your appeal with the Police within 14 days of the date on which the vehicle was seized and impounded.”
Paragraph relating to release of the vehicle in the form in Schedule 5: add the following paragraph: “If you decide to appeal to the Police, you must lodge your appeal with the Police within 14 days of the date on which the vehicle was seized and impounded. After that time, you may only appeal to the District Court with the agreement of the Police, who must be satisfied that exceptional circumstances exist for not appealing to the Police within the 14-day period. In addition, the vehicle may be seized by a bailiff or constable executing a warrant to seize property under section 94 of the Summary Proceedings Act 1957 or by a Registrar, bailiff, or constable executing a warrant of confiscation under section 132 of the Sentencing Act 2002.”
Heading to paragraph relating to vehicle may be sold in the form in Schedule 5: insert “and personal property”
after “Vehicle”
.
Paragraph relating to vehicle may be sold in the form in Schedule 5: add “, and any personal property found in the vehicle,”
.
Paragraph (c) in the paragraph relating to vehicle may be sold in the form in Schedule 5: insert “or any personal property found in the vehicle”
after “the vehicle”
.