Land Transport Amendment Act 2017

Coat of Arms of New Zealand

Land Transport Amendment Act 2017

Public Act
 
2017 No 34
Date of assent
 
10 August 2017
Commencement
 
see section 2

Contents

1Title
2Commencement
3Principal Act
4New section 2A inserted (Transitional, savings, and related provisions)
2ATransitional, savings, and related provisions
5Section 2 amended (Interpretation)
6Section 32 amended (Contravention of section 5(1)(c))
7Section 33 amended (Contravention of section 5(2) or (3))
8Section 35 amended (Contravention of section 7, or section 22 where no injury or death involved)
9Section 36 amended (Contravention of section 7 or section 22 involving injury)
10Section 36AA amended (Contravention of section 7 by causing death of another person)
11Section 36A amended (Contravention of section 22A)
12Section 38 amended (Contravention of section 8 causing injury or death)
13Section 39 amended (Aggravated careless use of vehicle causing injury or death)
14Section 55A amended (Offences concerning alcohol interlock devices)
15Section 56 amended (Contravention of specified breath or blood-alcohol limit)
16Section 57 amended (Contravention of specified breath or blood-alcohol limit by person younger than 20)
17Section 57AA amended (Contravention of specified breath or blood alcohol limit by holder of alcohol interlock licence or zero alcohol licence)
18Section 57A amended (Driving while impaired and with blood that contains evidence of use of qualifying drug)
19Section 58 amended (Contravention of section 12)
20Section 60 amended (Failure or refusal to permit blood specimen to be taken or to undergo compulsory impairment test)
21Section 61 amended (Person in charge of motor vehicle causing injury or death)
22Section 62 amended (Causing injury or death in circumstances to which section 61 does not apply)
23Section 63 amended (Further penalty in certain cases where person driving vehicle used in transport service)
24Cross-heading above section 65 replaced
25Section 65 amended (Mandatory penalties for repeat offences involving use of alcohol or drugs)
26Section 65A replaced (Alcohol interlock requirements for repeat offences or certain first time offences involving use of alcohol)
65ABQualifying offences
65ACAlcohol interlock sentence
65ADInjury or death
65AEPeriod of disqualification
65AFAlcohol interlock sentence disqualifies person from driving except under alcohol interlock licence
65AGAlcohol interlock licence requirements
65AHWhen court may take alcohol interlock sentence into account
65AIExceptions: persons who are not to be given alcohol interlock sentence
65AJEffect of subsequent qualifying offences on alcohol interlock sentence
65AKEffect of other subsequent offences on alcohol interlock licence
27Section 65B amended (Mandatory zero alcohol requirements for repeat offences involving use of alcohol)
28Section 81 amended (Provisions relating to mandatory disqualification)
29Section 86 amended (Term of disqualification if person already disqualified)
30Section 87 amended (Particulars of certain court orders to be sent to Agency and offender)
31Section 94 amended (Substitution of community-based sentences)
32Section 99 amended (Court may reduce disqualification)
33Section 100 amended (Agency to remove certain disqualifications)
34Section 100A replaced (Agency to remove alcohol interlock requirements)
100AAgency may authorise removal of alcohol interlock device and certify that requirements of alcohol interlock sentence have been fulfilled
100BCourt may cancel alcohol interlock sentence and disqualify driver instead
100CCourt may impose alcohol interlock sentence if exception no longer applies
35Section 103 amended (Persons who may apply to court for limited licence)
36Section 108 replaced (Appeal against Agency’s refusal to remove disqualification)
108Appeal against Agency’s refusal to remove disqualification or replace alcohol interlock licence with zero alcohol licence
37Section 79M replaced (Penalties for failure to pay passenger service fares)
79MPenalties for failure to pay service fares, etc
38New section 128F inserted (Powers of enforcement officers in relation to public transport service fares)
128FPowers of enforcement officers in relation to public transport service fares
39Section 36AB repealed (Contravention of sections 7 and 114)
40Section 52 amended (Contravening notices, requirements, etc, given or imposed by enforcement officers)
41New section 52A inserted (Contravention of section 114)
52AContravention of section 114
42Section 96 amended (Vehicle seized and impounded for 28 days in certain circumstances)
43Section 102 amended (Appeal to Police against impoundment of vehicle)
44Section 118 amended (Owner or hirer or licence holder to give information as to identity of driver or passenger)
45Section 123 amended (Enforcement officer may seize and impound vehicle for up to 7 days where serious accident or hit and run offence or for failure to stop)
46Section 2 amended (Interpretation)
47Section 6 amended (Vehicles to be safe and operated in compliance with rules)
48Section 16 replaced (Heavy motor vehicles not to be overloaded)
16Heavy motor vehicles not to be overloaded or in breach of dimension requirements
49Section 16A replaced (Restriction of heavy traffic on roads)
16ATemporary restriction of heavy traffic on roads
50Section 30O amended (Term of transport service licence)
51Section 43 replaced (Overloading offences)
43Overloading and over-dimension offences
52Section 113A amended (Power to inspect records)
53Section 125 amended (Stopping, inspection, and weighing of heavy vehicles and certain transport service vehicles)
54Section 126 amended (Off-loading of overweight vehicle)
55Section 147 amended (Evidence of accuracy of weighing devices and sites)
56New section 147A inserted (Certification of accuracy of alternative weighing technology)
147ACertification of accuracy of alternative weighing technology
57Section 152 amended (Power of Minister to make ordinary rules)
58Section 164 amended (Matters to have regard to when making or recommending rules)
59Section 166 amended (Agency may grant exemptions)
60Section 167 amended (Regulations)
61Section 2 amended (Interpretation)
62Section 30A amended (Requirements for vehicles)
63Section 30B repealed (Provision of identification information in Braille)
64Section 30D amended (Additional criteria for small passenger service vehicles and vehicle recovery service)
65Section 30E amended (Additional criteria for large passenger service vehicles)
66Section 30J replaced (Transport service operators may not carry on certain transport services unless licensed to do so)
30JTransport service operators must be licensed
67Section 30L amended (Grant of licence)
68Section 30M amended (Conditions of transport service licences)
69Sections 30P to 30R replaced
30PDriver must have or drive under transport service licence
30QRecords to be kept by facilitator of facilitated cost-sharing arrangement
70Section 30S amended (When Agency may revoke transport service licence)
71Section 30T amended (Procedure Agency must follow before revoking transport service licence)
72Section 30U amended (Suspension of transport service licence)
73Section 30V amended (Interpretation)
74Section 30Z replaced (Application of Part)
30ZApplication of Part
75Section 30ZB amended (Application of subpart)
76Section 30ZD amended (Records must be kept)
77Section 30ZE amended (Application of subpart)
78Section 30ZH amended (Duties regarding logbooks)
79Section 79A amended (Offence to carry on transport service without licence)
80New section 79AB inserted (Offence to drive vehicle used in transport service without licence)
79ABOffence to drive vehicle used in transport service without licence
81Section 79C amended (Failure to present vehicle for inspection)
82Section 79E amended (Liability of persons who use unlicensed transport service)
83Section 79H amended (Contravention of section 128A)
84New section 79HA inserted (Failure to keep or produce records)
79HAFailure to keep or produce records
85Section 87B amended (Disqualification of holder of transport service licence from holding transport service licence)
86Section 128A amended (Enforcement officer’s powers in respect of non-complying small passenger service vehicles)
87Section 158 amended (Rules concerning licensing, standard-setting, etc)
88Section 199A amended (Register of transport service licences)
89Section 2 amended (Interpretation)
90Section 22AB amended (Road controlling authorities may make certain bylaws)
91Section 90 amended (Suspension of licence or disqualification from driving under demerit points system)
92Section 95 amended (Mandatory 28-day suspension of driver licence in certain circumstances)
93Section 121 amended (Enforcement officer may immobilise vehicle, etc, in specified circumstances)
94Section 129 amended (Vehicles may be inspected and directed to remain stopped for contravening dangerous goods rules)
95Section 132 amended (Inspection powers concerning dangerous goods)
96Section 139 amended (Issue of infringement notice)
97Section 140 amended (Contents of infringement and reminder notices)
98New section 166A inserted (Agency may grant exemptions to New Zealand Defence Force)
166AAgency may grant exemptions to New Zealand Defence Force
99Section 168 amended (Regulations relating to fees and charges for land transport)
100Section 242 amended (Motor vehicles must be registered and licensed)
101Section 269 amended (Regulations)
102Amendment to Government Roading Powers Act 1989
103Amendment to Land Transport (Road Safety and Other Matters) Amendment Act 2011
104Amendment to Road User Charges Act 2012
105Amendments to Sentencing Act 2002
106Amendments to Heavy Motor Vehicle Regulations 1974
107Amendments to Land Transport (Offences and Penalties) Regulations 1999
108Amendment to Land Transport (Road User) Rule 2004
11.6AWashing of vehicles
109New Schedule 1 inserted and amended
110Consequential amendments to enactments
Legislative history
Administrative information

The Parliament of New Zealand enacts as follows: