Land Transport (Road Safety and Other Matters) Amendment Act 2011

Reprint as at 11 August 2017

Coat of Arms of New Zealand

Land Transport (Road Safety and Other Matters) Amendment Act 2011

Public Act
 
2011 No 13
Date of assent
 
9 May 2011
Commencement
 
see section 2
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

1Title
2Commencement
3Principal Act amended
4Interpretation
5Drivers to be licensed
6Drivers not to exceed specified alcohol limits
7Drivers and other road users to comply with directions of enforcement officers, etc
8New sections 16A and 16B inserted
16ARestriction of heavy traffic on roads
16BInterference with operation of speed measuring devices
9Doctors and optometrists to give Agency medical reports of persons unfit to drive
10Road controlling authorities may make certain bylaws
11New section 24A inserted
24AAuthorised persons may request driver licences for certain persons
12Minimum age for driver licensing
13Certain driver licences have no effect
14Driver licences are property of Agency and are to be surrendered in certain circumstances
15Interpretation
16Agency may grant exemptions or approve alternative fatigue management schemes
17New sections 30ZB and 30ZC substituted
30ZBApplication of subpart
30ZCLimits on work time
18Contravention of section 5(1)(c)
19Contravention of section 7 or 22 involving injury or death
20New section 36AA inserted
36AAContravention of section 7 by causing death of another person
21Contravention of section 22A
22Overloading offences
23Contravention of section 92(4)
24New section 55A inserted
55AOffences concerning alcohol interlock devices
25Contravention of specified breath or blood alcohol limit by person younger than 20
26New section 57AA inserted
57AAContravention of specified breath or blood alcohol limit by holder of alcohol interlock licence or zero alcohol licence
27Person in charge of motor vehicle causing injury or death
28Defences
29Mandatory penalties for repeat offences involving use of alcohol or drugs
30New sections 65A and 65B inserted
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
31Blood test fee
32Who must undergo evidential breath test
33Who must give blood specimen at places other than hospital or surgery
34Who must give blood specimen in hospital or surgery
35Procedure for dealing with blood specimens
36Certificates in blood alcohol proceedings
37Presumptions relating to blood specimens
38Presumptions relating to alcohol-testing
39Circumstances in which certificate not admissible in proceedings
40Failure to keep or produce records or comply with conditions of exemption or approval
41Failure to comply with prescribed work time restrictions or rest time requirements
42Defences to work time offences
43New section 79PA inserted
79PAMatters to be taken into account in imposing penalty for offence against section 79O
44Failure to discharge duties regarding logbooks
45Offences and proceedings concerning logbooks
46New section 79V inserted
79VSearch warrants in relation to offences against section 79T or 79U
47Effect of disqualification
48New sections 82A to 82C inserted
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
49New licence or endorsement to be issued if disqualified driver qualifies for specified vehicle classes
50Particulars of court orders relating to disqualification to be sent to Agency and offender
51Immediate suspension of transport service driver and other persons in interests of public safety
52New section 87E substituted
87EProcedure for suspending persons under section 87D
53New sections 90 and 90A substituted
90Suspension of licence or disqualification from driving under demerit points system
54Cancellation and reinstatement of demerit points
55Compulsory attendance at driving improvement course or dangerous goods course
56Court may order compulsory driving test
57Mandatory 28-day suspension of driver licence in certain circumstances
58New section 95A inserted
95AExtension of 28-day suspension period of driver licence under section 95
59Vehicle seized and impounded for 28 days in certain circumstances
60Impoundment of vehicle used in transport service
61Storage of impounded vehicles
62Release of vehicle after 28 days
63New section 100A inserted
100AAgency to remove alcohol interlock requirements
64Persons who may apply to court for limited licence
65Issue of limited licence to be delayed or prohibited in certain cases
66Court may make order authorising grant of limited licence
67Enforcement officers may enforce transport legislation
68Enforcement officers may give directions prohibiting driving of vehicles
69Powers of entry
70Enforcement officer may immobilise vehicle, etc, if driver incapable of proper control of vehicle
71New sections 128D and 128E inserted
128DAppointment of parking wardens
128EPowers of parking wardens
72Owner liability for moving vehicle offences
73New section 133A inserted
133AOwner liability for stationary vehicle offences
74Time for instituting proceedings
75Issue of infringement notice
76New section 139A inserted
139ATowage fees if parking offences prosecuted
77New section 141 substituted
141Provisions relating to infringement fees
78Evidence and proof
79Evidence of certain documents
80Evidence of rules
81New section 152A inserted
152AGovernor-General may make ordinary rules
82Rules concerning licensing, standard-setting, etc
83Procedure concerning ordinary rules
84Agency may make emergency rules
85Matters to be taken into account in making rules
86New section 165 substituted
165Incorporation by reference
87Regulations
88Regulations relating to fees and charges for land transport
89New section 168C inserted
168CPiloting fees
90Agency to maintain register of driver licences
91Taking of blood specimens for statistical or research purposes
92New section 209AA inserted
209AAExpiry and repeal of section 209(2A) to (2C)
93Transfer provisions for certain employees of Land Transport Safety Agency
94Repeals
95New sections 224A and 224B inserted
224ASaving of certain directions given by parking wardens
224BSavings of bylaws made under certain Acts
96Interpretation matters applying to this Part
97Schedule 2 amended
98Repeal
99Revocations
100Consequential amendments
Reprint notes

The Parliament of New Zealand enacts as follows: