New Zealand Legislation: Regulations
Regulations are laws made under Acts
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as at 23 January 2009
(SR 1999/99)
Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this eprint.
A general outline of these changes is set out in the notes at the end of this eprint, together with other explanatory material about this eprint.
These regulations are administered in the Ministry of Transport.
PURSUANT to section 167 of the Land Transport Act 1998, His Excellency the Governor-General, acting by and with the advice and consent of the Executive Council, makes the following regulations.
Schedule 1A
Scale of penalties for certain breaches of overloading provisions of Land Transport (Road User) Rule 2004 (61001) and Land Transport Rule: Vehicle Dimensions and Mass 2002 (41001)
(1) These regulations may be cited as the Land Transport (Offences and Penalties) Regulations 1999.
(2) These regulations come into force on 3 May 1999.
(1) In these regulations, unless the context otherwise requires,—
The Act means the Land Transport Act 1998
Land Transport Rules or rules means the ordinary rules made under Part 11 of the Act or required to be treated as having been made under that Act
provision means—
(a) a provision of the Land Transport Rules; or
(b) a section of the Act; or
(c) a section of the Land Transport Management Act 2003
(2) Every reference in these regulations to any provision includes every provision for the time being in force amending or made in substitution for that provision.
(3) The brief descriptions given in the second column of Schedule 1, and the first column of Schedule 1A and Schedule 1B, are intended only to be an indication of the content of the provisions they describe, and are not intended to be used in the interpretation of the provisions.
(4) Abbreviations or terms used in the second column of Schedule 1, and the first column of Schedule 1A and Schedule 1B, have the meanings given to those abbreviations or terms in the Land Transport Rules.
Regulation 2(1) provision: substituted, on 1 October 2007, by regulation 4 of the Land Transport (Offences and Penalties) Amendment Regulations (No 2) 2007 (SR 2007/265).
Regulation 2(1) provision paragraph (b): amended, on 23 January 2009, by regulation 4 of the Land Transport (Offences and Penalties) Amendment Regulations (No 2) 2008 (SR 2008/455).
Regulation 2(1) provision paragraph (c): added, on 23 January 2009, by regulation 4 of the Land Transport (Offences and Penalties) Amendment Regulations (No 2) 2008 (SR 2008/455).
Subclause (3) was amended, as from 27 February 2005, by regulation 3(1) Land Transport (Offences and Penalties) Amendment Regulations 2004 (SR 2004/448) by inserting the words “, and the first column of Schedule 1A and Schedule 1B,”
after the expression “Schedule 1”
.
Subclause (4) was amended, as from 27 February 2005, by regulation 3(2) Land Transport (Offences and Penalties) Amendment Regulations 2004 (SR 2004/448) by inserting the words “, and the first column of Schedule 1A and Schedule 1B,”
after the expression “Schedule 1”
.
For the purposes of the definition of the term overloading offence in section 2(1) of the Act, an overloading offence is an offence—
(a) referred to in section 43 of the Act; or
Regulation 2A was inserted as from 25 January 2001, by regulation 3 Land Transport (Offences and Penalties) Amendment Regulations 2000 (SR 2000/285).
Paragraph (b) was substituted, as from 27 February 2005, by regulation 4 Land Transport (Offences and Penalties) Amendment Regulations 2004 (SR 2004/448).
(1) A breach of a provision specified in the first column of Schedule 1 is an offence against the Act.
(2) A person who commits an offence referred to in subclause (1) is liable on summary conviction,—
(a) in the case of an individual,—
(i) to a fine not exceeding the amount specified in relation to that offence in the third column of Schedule 1; or
(3) [Revoked]
(4) To avoid doubt, the penalty applicable to a person who is liable on summary conviction for an overloading offence is specified by the scale in the applicable table in Part 3 of Schedule 1B.
Subclause (2)(a) was substituted, as from 27 February 2005, by regulation 5(1) Land Transport (Offences and Penalties) Amendment Regulations 2004 (SR 2004/448).
Subclause (2)(b) was substituted, as from 27 February 2005, by regulation 5(2) Land Transport (Offences and Penalties) Amendment Regulations 2004 (SR 2004/448).
Subclause (3) was inserted, as from 1 July 2002, by regulation 3 Land Transport (Offences And Penalties) Amendment Regulations (No 2) 2002 (SR 2002/140).
Subclause (3) was revoked, as from 27 February 2005, by regulation 5(3) Land Transport (Offences and Penalties) Amendment Regulations 2004 (SR 2004/448).
Subclause (4) was inserted, as from 1 July 2002, by regulation 3 Land Transport (Offences And Penalties) Amendment Regulations (No 2) 2002 (SR 2002/140).
Subclause (4) was amended, as from 27 February 2005, by regulation 5(4) Land Transport (Offences and Penalties) Amendment Regulations 2004 (SR 2004/448) by substituting the words “3 of Schedule 1B”
for the words “3 of Schedule 2 of the Transport Act 1962”
.
(1) A breach of a provision specified in the first column of Schedule 1 for which an infringement fee is specified in Schedule 1 is an infringement offence against the Act.
(2) The infringement fee for an offence referred to in subclause (1) is,—
(3) An offence against section 51 of the Act is an infringement offence against the Act for which the infringement fee is $400.
(4) [Revoked]
(5) The infringement fee for a breach of section 2.6(8) of Land Transport Rule: Tyres and Wheels 2001 is specified by the scale in Part 2 of Schedule 1B.
(6) The infringement fee for a breach of section 43 of the Land Transport Act 1998 or section 8 of Land Transport Rule: Vehicle Dimensions and Mass 2002, if that breach consists of an overloading offence, is specified by the scale in the applicable table in Part 3 of Schedule 1B.
(7) If expenses are incurred by an enforcement authority in respect of the movement or proposed movement under section 113(2)(c) of the Land Transport Act 1998 or section 68BA(2)(b) of the Transport Act 1962 of the vehicle involved in the offence (whether or not the vehicle is in fact moved), the infringement fee is the total of—
(b) the amount of the appropriate towage fee (including any goods and services tax payable in respect of the towage fee).
Subclause (2)(a) was amended, as from 27 February 2005, by regulation 6(1) Land Transport (Offences and Penalties) Amendment Regulations 2004 (SR 2004/448) by inserting the words “or the amount determined by the relevant scale set out in Schedule 1B (as referenced in the third column of Schedule 1)”
.
Subclause (2)(b) was amended, as from 27 February 2005, by regulation 6(2) Land Transport (Offences and Penalties) Amendment Regulations 2004 (SR 2004/448) by inserting the words “or the amount determined by the relevant scale set out in Schedule 1B (as referenced in the fourth column of Schedule 1)”
.
Subclause (4) was inserted, as from 1 July 2002, by regulation 4 Land Transport (Offences And Penalties) Amendment Regulations (No 2) 2002 (SR 2002/140).
Subclause (4) was revoked, as from 27 February 2005, by regulation 6(3) Land Transport (Offences and Penalties) Amendment Regulations 2004 (SR 2004/448).
Subclause (5) was inserted, as from 1 July 2002, by regulation 4 Land Transport (Offences And Penalties) Amendment Regulations (No 2) 2002 (SR 2002/140).
Subclause (5) was amended, as from 27 February 2005, by regulation 6(4) Land Transport (Offences and Penalties) Amendment Regulations 2004 (SR 2004/448) by substituting the words “Part 2 of Schedule 1B”
for the words “Part 2 of Schedule 2 of the Transport Act 1962”
.
Subclause (6) was inserted, as from 1 July 2002, by regulation 4 Land Transport (Offences And Penalties) Amendment Regulations (No 2) 2002 (SR 2002/140).
Subclause (6) was amended, as from 27 February 2005, by regulation 6(5)(a) Land Transport (Offences and Penalties) Amendment Regulations 2004 (SR 2004/448) by inserting the words “section 43 of the Land Transport Act 1998 or”
after the words “breach of'”
.
Subclause (6) was amended, as from 27 February 2005, by regulation 6(5)(b) Land Transport (Offences and Penalties) Amendment Regulations 2004 (SR 2004/448) by substituting the words “Part 3 of Schedule 1B”
for the words “Part 3 of Schedule 2 of the Transport Act 1962”
.
Subclause (7) was inserted, as from 27 February 2005, by regulation 6(6) Land Transport (Offences and Penalties) Amendment Regulations 2004 (SR 2004/448).
Despite anything in these regulations, a person may not be subject to proceedings with respect to a breach of clause 8.9(1) of the Land Transport (Road User) Rule 2004 if that person is, with respect to the same facts, being proceeded against for a breach of another provision of a rule.
Regulation 4A was inserted, as from 27 February 2005, by regulation 7 Land Transport (Offences and Penalties) Amendment Regulations 2004 (SR 2004/448).
(1) It is a defence to a prosecution for an offence involving a breach of a provision of Land Transport Rule: Dangerous Goods 2005 that imposes requirements concerning the carrying of dangerous goods by rail or road if the defendant proves that—
(a) The defendant was—
(i) The loader, driver, or operator of a motor vehicle or rail vehicle carrying a load in respect of which it is alleged the offence was committed; or
(ii) The employer of a loader of a motor vehicle or rail vehicle carrying a load in respect of which it is alleged the offence was committed; and
(b) The defendant did not know and could not be reasonably expected to have known that the load carried by the vehicle included dangerous goods.
(2) It is a defence in any prosecution for an offence involving a breach of a provision of the Land Transport Rule: Seatbelts and Seatbelt Anchorages 2002 that requires that approved seat belts be obtained or seat belts be replaced if the defendant proves that, at the date of the alleged offence,—
(a) reasonable but unsuccessful steps had been taken to obtain an approved seat belt, and an order for an approved seat belt had been placed with a supplier and was still in force; or
(b) the seat belt or the fasteners, buckles, or retractors had been removed for repair by a seat belt manufacturer or his or her agent, and an order for the repair had been placed not more than 2 months previously and was still in force.
Subclause (1) was amended, as from 27 June 2005, by regulation 3 Land Transport (Offences and Penalties) Amendment Regulations (No 2) 2005 (SR 2005/137) by substituting the expression “2005”
for the expression “1999”
.
Subclause (1)(a)(i) and (ii) was amended, as from 20 July 2005, by section 103(4) Railways Act 2005 (2005 No 37) by substituting the words “rail vehicle”
for the words “rail service vehicle”
. See sections 105 to 111 of that Act as to the transitional provisions.
Subclause (2) was inserted, as from 1 April 2002, by regulation 4 Land Transport (Offences and Penalties) Amendment Regulations 2002 (SR 2002/44).
(1) The number of demerit points to be recorded by the Agency in respect of any person convicted of an offence described in Schedule 2 that was committed on or after 27 February 2005 is the number of demerit points shown in relation to the offence.
(2) Despite subclause (1), no demerit points may be recorded in respect of any offence for which the defendant is disqualified from holding or obtaining a driver licence for a period of 6 months or more.
(3) To avoid doubt, demerit points may only be recorded in respect an offence that—
(a) is described in Schedule 2; and
(b) concerns the driving of a motor vehicle (other than an offence detected by approved vehicle surveillance equipment).
Regulation 6(1): amended, on 1 August 2008, by section 50(2) of the Land Transport Management Amendment Act 2008 (2008 No 47).
Subclause (1) was amended, as from 27 February 2005, by regulation 8(1) Land Transport (Offences and Penalties) Amendment Regulations 2004 (SR 2004/448) by substituting the expression “27 February 2005”
for the expression “3 May 1999”
.
Subclause (3) was inserted, as from 27 February 2005, by regulation 8(2) Land Transport (Offences and Penalties) Amendment Regulations 2004 (SR 2004/448).
A notice acknowledging the seizure and impoundment of a motor vehicle that is to be given to the driver and registered owner of the vehicle, and to the storage provider under section 96 of the Act, must be in the form set out in Schedule 4 or a form to the same effect.
Regulation 8 heading: amended, on 1 October 2007, by regulation 5 of the Land Transport (Offences and Penalties) Amendment Regulations (No 2) 2007 (SR 2007/265).
A notice acknowledging the seizure and impoundment of a motor vehicle that is to be given to the driver and registered owner of the vehicle, and to the storage provider under section 96A of the Act, must be in the form set out in Schedule 5 or a form to the same effect.
Regulation 8A: inserted, on 1 October 2007, by regulation 6 of the Land Transport (Offences and Penalties) Amendment Regulations (No 2) 2007 (SR 2007/265).
(1) The following regulations are revoked:
(a) The Transport (Demerit Points) Regulations 1993 (SR 1993/6):
(b) The Land Transport (Offences) Regulations 1996 (SR 1996/339):
(c) The Land Transport (Offences) Amendment Regulations 1997 (SR 1997/343):
(d) The Transport (Demerit Points) Amendment Regulations 1999 (SR 1999/14):
(e) The Land Transport (Offences) Amendment Regulations 1999 (SR 1999/30).
Schedule 1 |
The Provisions, brief descriptions, penalties and infringement fees relating to Passenger Service Vehicles 1999 (31001) were inserted, as from 1 September 1999, by clause 2 Land Transport (Offences and Penalties) Amendment Regulations 1999 (SR 1999/241).
The Provisions, brief descriptions, penalties and infringement fees relating to Glazing 1999 (32012/1) were substituted for the references to Glazing 1996 (32012), as from 25 October 1999, by clause 2 Land Transport (Offences and Penalties) Amendment Regulations (No 2) 1999.
Schedule 1 was substituted as from 25 January 2001, by regulation 4 Land Transport (Offences and Penalties) Amendment Regulations 2000 (SR 2000/283).
Schedule 1 was substituted as from 1 April 2002, by regulation 3 Land Transport (Offences and Penalties) Amendment Regulations 2002 (SR 2002/44).
The Provision relating to Tyres and Wheels 2001 (32013) was substituted, as from 1 July 2002, by regulation 4 Land Transport (Offences And Penalties) Amendment Regulations (No 2) 2002 (SR 2002/140).
The Provision relating to Vehicle Dimensions and Mass 2002 (41001) was inserted, as from 1 July 2002, by regulation 4 Land Transport (Offences And Penalties) Amendment Regulations (No 2) 2002 (SR 2002/140).
Schedule 1 was substituted, as from 27 February 2005, by regulation 9 Land Transport (Offences and Penalties) Amendment Regulations 2004 (SR 2004/448).
The heading to the first item was substituted, as from 27 June 2005, by regulation 4(1) Land Transport (Offences and Penalties) Amendment Regulations (No 2) 2005 (SR 2005/137) . It previously read “Dangerous Goods 1999 (45001)”
.
Schedule 1 Land Transport Act 1998: inserted, on 1 October 2007, by regulation 7(1) of the Land Transport (Offences and Penalties) Amendment Regulations (No 2) 2007 (SR 2007/265).
Schedule 1 Land Transport Management Act 2003: inserted, on 23 January 2009, by regulation 5 of the Land Transport (Offences and Penalties) Amendment Regulations (No 2) 2008 (SR 2008/455).
The Provision relating to Dangerous Goods 2005 (45001/1) was amended, as from 27 June 2005, by regulation 4(1)(a) Land Transport (Offences and Penalties) Amendment Regulations (No 2) 2005 (SR 2005/137) by inserting the items relating to sections 10.4(d)(ii) and 10.4(e) after the item relating to section 10.4(c).
The Provision relating to Dangerous Goods 2005 (45001/1) was amended, as from 27 June 2005, by regulation 4(1)(b) Land Transport (Offences and Penalties) Amendment Regulations (No 2) 2005 (SR 2005/137) by substituting the expression “10.4(f)(i)”
for the expression “10.4(e)(i)”
from the first column.
The Provision relating to Dangerous Goods 2005 (45001/1) was amended, as from 27 June 2005, by regulation 4(1)(c) Land Transport (Offences and Penalties) Amendment Regulations (No 2) 2005 (SR 2005/137) by substituting the expression “10.4(f)(ii)”
for the expression “10.4(e)(ii)”
from the first column.
The Provision relating to Dangerous Goods 2005 (45001/1) was amended, as from 27 June 2005, by regulation 4(1)(d) Land Transport (Offences and Penalties) Amendment Regulations (No 2) 2005 (SR 2005/137) by substituting the item relating to section 10.4(f)(iii) for the item relating to section 10.4(e)(iii).
The Provision relating to Dangerous Goods 2005 (45001/1) was amended, as from 27 June 2005, by regulation 4(1)(e) Land Transport (Offences and Penalties) Amendment Regulations (No 2) 2005 (SR 2005/137) by substituting the expression “10.4(f)(iv)”
for the expression “10.4(e)(iv)”
from the first column.
The Provision relating to Dangerous Goods 2005 (45001/1) was amended, as from 27 June 2005, by regulation 4(1)(f) Land Transport (Offences and Penalties) Amendment Regulations (No 2) 2005 (SR 2005/137) by substituting the expression “10.4(g)”
for the expression “10.4(f)”
from the first column.
The Provision relating to Dangerous Goods 2005 (45001/1) was amended, as from 27 June 2005, by regulation 4(1)(g) Land Transport (Offences and Penalties) Amendment Regulations (No 2) 2005 (SR 2005/137) by substituting the expression “10.4(h)”
for the expression “10.4(g)”
from the first column.
The Provision relating to Dangerous Goods 2005 (45001/1) was amended, as from 27 June 2005, by regulation 4(1)(h) Land Transport (Offences and Penalties) Amendment Regulations (No 2) 2005 (SR 2005/137) by omitting the word “service”
from the item relating to section 10.5(a) in the second column.
The Provision relating to Dangerous Goods 2005 (45001/1) was amended, as from 27 June 2005, by regulation 4(1)(i) Land Transport (Offences and Penalties) Amendment Regulations (No 2) 2005 (SR 2005/137) by omitting the word “service”
from the item relating to section 10.5(b)(i) in the second column.
The Provision relating to Dangerous Goods 2005 (45001/1) was amended, as from 27 June 2005, by regulation 4(1)(j) Land Transport (Offences and Penalties) Amendment Regulations (No 2) 2005 (SR 2005/137) by omitting the word “service”
from the item relating to section 10.5(b)(ii) in the second column.
The Provision relating to Dangerous Goods 2005 (45001/1) was amended, as from 27 June 2005, by regulation 4(1)(k) Land Transport (Offences and Penalties) Amendment Regulations (No 2) 2005 (SR 2005/137) by substituting the item relating to section 10.5(b)(iii).
The Provision relating to Dangerous Goods 2005 (45001/1) was amended, as from 27 June 2005, by regulation 4(1)(l) Land Transport (Offences and Penalties) Amendment Regulations (No 2) 2005 (SR 2005/137) by omitting the word “service”
from the item relating to section 10.5(b)(iv) in the second column.
Schedule 1 Frontal Impact 2001 (32006/1): amended, on 26 June 2008, by regulation 4(1) of the Land Transport (Offences and Penalties) Amendment Regulations 2008 (SR 2008/132).
Schedule 1 Land Transport (Road User) Rule 2004 (61001): amended, on 26 June 2008, by regulation 4(2) of the Land Transport (Offences and Penalties) Amendment Regulations 2008 (SR 2008/132).
Schedule 1 Land Transport (Road User) Rule 2004 (61001): amended, on 26 June 2008, by regulation 4(3) of the Land Transport (Offences and Penalties) Amendment Regulations 2008 (SR 2008/132).
Schedule 1 Land Transport (Road User) Rule 2004 (61001): amended, on 26 June 2008, by regulation 4(4) of the Land Transport (Offences and Penalties) Amendment Regulations 2008 (SR 2008/132).
Schedule 1 Land Transport (Road User) Rule 2004 (61001): amended, on 1 October 2007, by regulation 7(2) of the Land Transport (Offences and Penalties) Amendment Regulations (No 2) 2007 (SR 2007/265).
Schedule 1 Land Transport (Road User) Rule 2004 (61001): amended, on 1 October 2007, by regulation 7(3) of the Land Transport (Offences and Penalties) Amendment Regulations (No 2) 2007 (SR 2007/265).
The Provision relating to Land Transport (Road User) Rule 2004 (61001) was amended, as from 27 June 2005, by regulation 4(2) Land Transport (Offences and Penalties) Amendment Regulations (No 2) 2005 (SR 2005/137) by substituting, from the fifth column of the item relating to section 6.4(4), the expression “60”
for the expression “150”
.
The provision relating to clause 7.4(1) of Land Transport (Road User) Rule 2004 (61001) was amended, as from 16 January 2006, by section 95(9) Land Transport Amendment Act 2005 (2005 No 77) by substituting the expression “250”
for the expression “150”
.
Schedule 1 Operator Licensing 2007 (81001): inserted, on 1 October 2007, by regulation 7(4) of the Land Transport (Offences and Penalties) Amendment Regulations (No 2) 2007 (SR 2007/265).
Schedule 1 Operator Licensing 2007 (81001): amended, on 1 August 2008, by section 50(2) of the Land Transport Management Amendment Act 2008 (2008 No 47).
The provision relating to Vehicle Exhaust Emissions 2006 (33001/1) was inserted, as from 2 November 2006, by regulation 4 Land Transport (Offences and Penalties) Amendment Regulations 2006 (SR 2006/308).
The provision relating to Heavy-vehicle Brakes 2006 (32015) was inserted, as from 1 March 2007, by regulation 4(1) Land Transport (Offences and Penalties) Amendment Regulations 2007 (SR 2007/6) above the heading “Interior Impact 2001 (32002/1):”
.
The provision relating to Traffic Control Devices 2004 (54002) was amended, as from 1 March 2007, by regulation 4(2) Land Transport (Offences and Penalties) Amendment Regulations 2007 (SR 2007/6) by inserting the item relating to “13.6A”
after the item “13.4”
under the heading “Traffic Control Devices 2004 (54002):”
.
Schedule 1 Vehicle Standards Compliance 2002 (35001/1): amended, on 26 June 2008, by regulation 4(5) of the Land Transport (Offences and Penalties) Amendment Regulations 2008 (SR 2008/132).
Schedule 1 Vehicle Standards Compliance 2002 (35001/1): amended, on 1 October 2007, by regulation 7(5) of the Land Transport (Offences and Penalties) Amendment Regulations (No 2) 2007 (SR 2007/265).
Schedule 1 Work Time and Logbooks 2007 (62001): added, on 1 October 2007, by regulation 7(5) of the Land Transport (Offences and Penalties) Amendment Regulations (No 2) 2007 (SR 2007/265).
| Provision | Brief description | Maximum penalty on summary conviction for individual ($) | Maximum penalty on summary conviction for body corporate ($) | Infringement fee for individual ($) | Infringement fee for body corporate ($) |
|---|---|---|---|---|---|
| Land Transport Act 1998: | |||||
| 79R | Person produces logbook with 1-5 omissions | – | – | 150 | – |
| 79R | Person produces logbook with 6-10 omissions | – | – | 300 | – |
| 79R | Person produces logbook with 11 or more omissions | – | – | 500 | – |
| 79R | Person fails to produce log-book | – | – | 500 | – |
| Land Transport Management Act 2003 | |||||
| 54(1) | Person fails or refuses to pay toll | – | – | 40 | 40 |
| Dangerous Goods 2005 (45001/1) | |||||
| 10.1(1) | Person or organisation involved in activity related to transport of dangerous goods must undertake activity safely and in compliance with Dangerous Goods rule | 2,500 | 10,000 | 500 | 1,000 |
| 10.1(2) | Person or organisation not specified in sections 10.2 to 10.6 of the rules but involved in activity relating to transport of dangerous goods must comply with relevant requirements of Dangerous Goods rule | 2,500 | 10,000 | 500 | 1,000 |
| 10.1(3)(a) | Person or organisation transporting dangerous goods must comply with requirements in section 2 of the rules relating to dangerous goods in limited quantities, consumer commodities, small packages, routine diagnostic specimens, and low-risk biological products | 2,500 | 10,000 | 500 | 1,000 |
| 10.1(3)(b) | Person or organisation transporting dangerous goods must comply with requirements in section 2 of the rules relating to dangerous goods transported for use as tools-of-trade, for agricultural use, or for a commercial purpose, but not transported for hire or direct reward | 2,500 | 10,000 | 250 | 750 |
| 10.1(3)(c) | Person or organisation transporting dangerous goods must comply with requirements in section 2 of the rules relating to dangerous goods transported for domestic or recreational purposes, but not transported for hire or direct reward | 2,500 | 10,000 | 150 | 500 |
| 10.1(4) | Person or organisation transporting dangerous goods must not continue to transport those goods if the packaging they are contained in is leaking | 7,500 | 37,500 | 1,500 | 7,500 |
| 10.1(5) | Person or organisation not transporting dangerous goods must not display on a vehicle labels, placards, or markings that identify or may be mistaken for labels, placards, or markings that identify dangerous goods | 2,500 | 10,000 | 150 | 500 |
| 10.2(a) | Consignor of dangerous goods for transport must ensure that dangerous goods are properly packaged | 5,000 | 25,000 | 1,000 | 5,000 |
| 10.2(b)(i) | Consignor of dangerous goods for transport must ensure that packages of dangerous goods display labels and marks to identify the goods as dangerous goods | 10,000 | 50,000 | 2,000 | 10,000 |
| 10.2(b)(ii) | Consignor of dangerous goods for transport must ensure that packages of dangerous goods display the correct labels and marks | 5,000 | 25,000 | 1,000 | 5,000 |
| 10.2(c)(i) | Consignor of dangerous goods for transport must ensure that required dangerous goods documentation is provided | 10,000 | 50,000 | 2,000 | 10,000 |
| 10.2(c)(ii) | Consignor of dangerous goods for transport must ensure that required dangerous goods documentation contains the correct information | 5,000 | 25,000 | 1,000 | 5,000 |
| 10.2(d) | Consignor of dangerous goods for transport must ensure that required emergency response information is supplied | 5,000 | 25,000 | 1,000 | 5,000 |
| 10.2(e) | Consignor of dangerous goods for transport must ensure dangerous goods documentation is passed to the next person responsible for the transport or handling of the dangerous goods | 7,500 | 37,500 | 1,500 | 7,500 |
| 10.3(a) | Person who loads vehicle or freight container used to transport dangerous goods must ensure condition of packaging, labelling, and marking is checked for obvious defects | 2,500 | 10,000 | 250 | 750 |
| 10.3(b) | Person who loads vehicle or freight container used to transport dangerous goods must ensure that required load plan, or container, or vehicle packing certificate is prepared | 5,000 | 25,000 | 1,000 | 5,000 |
| 10.3(c) | Person who loads vehicle or freight container used to transport dangerous goods must ensure compliance with any special loading instructions in dangerous goods documentation | 5,000 | 25,000 | 1,000 | 5,000 |
| 10.3(d) | Person who loads vehicle or freight container used to transport dangerous goods must ensure mixed loads are segregated | 5,000 | 25,000 | 1,000 | 5,000 |
| 10.3(e) | Person who loads vehicle or freight container used to transport dangerous goods must ensure that vehicle or freight container is placarded | 5,000 | 25,000 | 1,000 | 5,000 |
| 10.3(f) | Person who loads vehicle or freight container used to transport dangerous goods must ensure the vehicle is securely loaded | 3,500 | 15,000 | 750 | 2,500 |
| 10.3(g) | Person who loads vehicle or freight container used to transport dangerous goods must have undergone specific training on the transport of dangerous goods | 2,500 | 10,000 | 500 | 1,000 |
| 10.3(h) | Person who loads vehicle or freight container used to transport dangerous goods must ensure dangerous goods documentation is passed to the next person responsible for the transport or handling of the dangerous goods | 7,500 | 37,500 | 1,500 | 7,500 |
| 10.4(a)(i) | Driver or operator of road vehicle transporting dangerous goods must ensure the vehicle or load is placarded to indicate that it contains dangerous goods | 7,500 | 37,500 | 1,500 | 7,500 |
| 10.4(a)(ii) | Driver or operator of road vehicle transporting dangerous goods must ensure placards are affixed in the correct position on the vehicle or load | 3,500 | 15,000 | 750 | 2,500 |
| 10.4(a)(iii) | Driver or operator of road vehicle transporting dangerous goods must ensure the correct placards are displayed for the classes or divisions of goods loaded on the vehicle | 5,000 | 25,000 | 1,000 | 5,000 |
| 10.4(b)(i) | Driver or operator of road vehicle transporting dangerous goods must ensure the vehicle is not parked for more than 18 hours unless it is in depot | 2,500 | 10,000 | 500 | 1,000 |
| 10.4(b)(ii) | Driver or operator of road vehicle transporting dangerous goods must ensure vehicle is securely loaded | 3,500 | 15,000 | 750 | 2,500 |
| 10.4(b)(iii) | Driver or operator of road vehicle transporting dangerous goods must ensure required emergency response information is carried | 2,500 | 10,000 | 500 | 1,000 |
| 10.4(b)(iv) | Driver or operator of road vehicle transporting dangerous goods must ensure vehicle stops at railway level crossings | 2,500 | 10,000 | 500 | 1,000 |
| 10.4(c) | Driver or operator of road vehicle transporting dangerous goods must have undergone specific training on the transport of dangerous goods | 2,500 | 10,000 | 500 | 1,000 |
| Section 10.4(d)(ii) | Driver or operator of road vehicle transporting dangerous goods must ensure that driver has current approved handler test certificate if required in section 9.2(1), unless section 10.4(d)(i) is complied with | 1,000 | 1,000 | 400 | 400 |
| Section 10.4(e) | Driver or operator of road vehicle transporting dangerous goods must ensure that current approved handler test certificate is carried when driving and is made available to dangerous goods enforcement officer, police officer, or HSNO enforcement officer immediately on request, unless section 10.4(d)(i) is complied with | 1,000 | 1,000 | 55 | 55 |
| 10.4(f)(i) | Driver or operator of road vehicle transporting dangerous goods must ensure dangerous goods documentation is carried | 2,500 | 10,000 | 750 | 1,500 |
| 10.4(f)(ii) | Driver or operator of road vehicle transporting dangerous goods must ensure dangerous goods documentation is secured in dangerous goods holder | 2,500 | 10,000 | 750 | 1,500 |
| 10.4(f)(iii) | Driver or operator of road vehicle transporting dangerous goods must ensure that dangerous goods documentation is made available to dangerous goods enforcement officer, police officer, HSNO enforcement officer, or emergency services personnel immediately on request | 2,500 | 10,000 | 750 | 1,500 |
| 10.4(f)(iv) | Driver or operator of road vehicle transporting dangerous goods must ensure dangerous goods documentation is passed to the next person responsible for the transport or the handling of the dangerous goods | 7,500 | 37,500 | 1,500 | 7,500 |
| 10.4(g) | Driver or operator of road vehicle transporting dangerous goods must ensure Schedule of Quantities is amended to record collection or delivery of dangerous goods | 2,500 | 10,000 | 250 | 750 |
| 10.4(h) | Driver or operator of road vehicle transporting dangerous goods must ensure load plan is amended to record delivery or collection of dangerous goods and other goods from which dangerous goods must be segregated | 2,500 | 10,000 | 250 | 750 |
| 10.5(a) | Driver or operator of rail vehicle transporting dangerous goods must have undergone specific training on the transport of dangerous goods | 2,500 | 10,000 | 500 | 1,000 |
| 10.5(b)(i) | Driver or operator of railvehicle transporting dangerous goods must ensure dangerous goods documentation is carried | 2,500 | 10,000 | 750 | 1,500 |
| 10.5(b)(ii) | Driver or operator of railvehicle transporting dangerous goods must ensure dangerous goods documentation is secured in dangerous goods holder | 2,500 | 10,000 | 750 | 1,500 |
| 10.5(b)(iii) | Driver or operator of rail vehicle transporting dangerous goods must ensure dangerous goods documentation is made available to dangerous goods enforcement officer, police officer, HSNO enforcement officer, or emergency services personnel immediately on request | 2,500 | 10,000 | 750 | 1,500 |
| 10.5(b)(iv) | Driver or operator of railvehicle transporting dangerous goods must ensure dangerous goods documentation is passed to the next person responsible for the transport or handling of the dangerous goods | 7,500 | 37,500 | 1,500 | 7,500 |
| 10.6 | Person or organisation employing person to carry out activity related to transport of dangerous goods must ensure employee complies with Dangerous Goods rule | 5,000 | 25,000 | 1,000 | 5,000 |
| Door Retention Systems 2001 (32001/1): | |||||
| 4.1 | Responsibilities of operators | 500 | 500 | 150 | 150 |
| 4.2 | Responsibilities of repairers | 500 | 500 | 370 | 370 |
| 4.3 | Responsibilities of modifiers | 500 | 500 | 370 | 370 |
| 4.4 | Responsibilities of certifiers | 500 | 500 | 370 | 370 |
| 4.5 | Responsibilities of manufacturers and retailers | 500 | 500 | 370 | 370 |
| External Projections 2001 (32008/1): | |||||
| 4.1 | Responsibilities of operators | 500 | 500 | 150 | 150 |
| 4.2 | Responsibilities of repairers | 500 | 500 | 370 | 370 |
| 4.3 | Responsibilities of modifiers | 500 | 500 | 370 | 370 |
| 4.4 | Responsibilities of certifiers | 500 | 500 | 370 | 370 |
| 4.5 | Responsibilities of manufacturers and retailers | 500 | 500 | 370 | 370 |
| Frontal Impact 2001 (32006/1): | |||||
| 4.1 | Responsibilities of operators | 500 | 500 | 150 | 150 |
| 4.2 | Responsibilities of repairers | 500 | 500 | 370 | 370 |
| 4.3 | Responsibilities of modifiers | 500 | 500 | 370 | 370 |
| 4.4 | Responsibilities of certifiers | 500 | 500 | 370 | 370 |
| 4.5 | Responsibilities of manufacturers and retailers | 500 | 500 | 370 | 370 |
| 4.7 | Responsibilities in relation to declarations | 2,000 | 2,000 | – | – |
| Glazing. Windscreen Wipe and Wash, and Mirrors 1999 (32012/1): | |||||
| 7.1 | Responsibilities of operators | 500 | 500 | 150 | 150 |
| 7.2 | Responsibilities of repairers | 500 | 500 | 370 | 370 |
| 7.3 | Responsibilities of modifiers | 500 | 500 | 370 | 370 |
| 7.4 | Responsibilities of certifiers | 500 | 500 | 370 | 370 |
| 7.5 | Responsibilities of manufacturers and retailers | 500 | 500 | 370 | 370 |
| Head Restraints 2001 (32010/1): | |||||
| 4.1 | Responsibilities of operators | 500 | 500 | 150 | 150 |
| 4.2 | Responsibilities of repairers | 500 | 500 | 370 | 370 |
| 4.3 | Responsibilities of modifiers | 500 | 500 | 370 | 370 |
| 4.4 | Responsibilities of certifiers | 500 | 500 | 370 | 370 |
| 4.5 | Responsibilities of manufacturers and retailers | 500 | 500 | 370 | 370 |
| Heavy Vehicles 2004 (31002): | |||||
| 8.1 | Responsibilities of operators | 500 | 500 | 150 | 150 |
| 8.2 | Responsibilities of repairers | 500 | 500 | 370 | 370 |
| 8.3 | Responsibilities of modifiers | 500 | 500 | 370 | 370 |
| 8.4 | Responsibilities of inspectors and inspecting organisations | 500 | 500 | 370 | 370 |
| 8.5 | Responsibilities of manufacturers and retailers | 500 | 500 | 370 | 370 |
| Heavy-vehicle Brakes 2006 (32015): | |||||
| 10.1 | Responsibilities of operators | 500 | 500 | 150 | 150 |
| 10.2 | Responsibilities of repairers | 500 | 500 | 370 | 370 |
| 10.3 | Responsibilities of modifiers | 500 | 500 | 370 | 370 |
| 10.4 | Responsibilities of inspectors and inspecting organisations | 500 | 500 | 370 | 370 |
| 10.5 | Responsibilities of manufacturers and retailers | 500 | 500 | 370 | 370 |
| Interior Impact 2001 (32002/1): | |||||
| 4.1 | Responsibilities of operators | 500 | 500 | 150 | 150 |
| 4.2 | Responsibilities of repairers | 500 | 500 | 370 | 370 |
| 4.3 | Responsibilities of modifiers | 500 | 500 | 370 | 370 |
| 4.4 | Responsibilities of certifiers | 500 | 500 | 370 | 370 |
| 4.5 | Responsibilities of manufacturers and retailers | 500 | 500 | 370 | 370 |
| Land Transport (Driver Licensing) Rule 1999 (91001): | |||||
| 37(2) | Person must surrender driver identification card as and when required under the Driver Licensing rule | 500 | - | - | - |
| 105 | Person must not deface, alter, or tamper with the characteristics, or features of, or information displayed on, a driver licence or driver identification card | 500 | - | - | - |
| Land Transport (Road User) Rule 2004 (61001): | |||||
| 2.1(1) | Fail to drive as near as practicable to the left of the roadway | 1,000 | - | 150 | - |
| 2.1(2) | Fail to allow impeded traffic to pass | 1,000 | - | 150 | - |
| 2.2(2)(a) | Fail to move into slow vehicle bay | 1,000 | - | 150 | - |
| 2.2(2)(b) | Fail to continue in slow vehicle bay | 1,000 | - | 150 | - |
| 2.3(1)(a) | Use of unavailable lane | 1,000 | - | 150 | |
| 2.3(1)(b) | Use of lane to right of centre line unless passing | 1,000 | - | 150 | - |
| 2.3(1)(c)(i) | Use of right-hand lane of 3-lane roadway | 1,000 | - | 150 | - |
| 2.3(1)(c)(ii) | Inappropriate use of centre lane of 3-lane roadway | 1,000 | - | 150 | - |
| 2.3(1)(d) | Use of lane to right of no passing lane | 1,000 | - | 150 | - |
| 2.3(1)(e) | Use of area to right of traffic cones or other delineators | 1,000 | - | 150 | - |
| Provision | Brief description | Maximum penalty on summary conviction for individual ($) | Maximum penalty on summary conviction for body corporate ($) | Infringement fee for individual ($) | Infringement fee for body corporate ($) |
|---|---|---|---|---|---|
| 2.3(1)(f) | Unauthorised use of special vehicle lane | 1,000 | - | 150 | - |
| 2.3(2)(a) | Fail to drive within lane | 1,000 | - | 150 | - |
| 2.3(2)(b) | Unsafe manoeuvre from lane | 1,000 | - | 150 | - |
| 2.3(5) | Impede progress of light rail vehicle by turning across track or safety zone | 1,000 | - | 150 | - |
| 2.4 | Inappropriate use of marked lane at intersection | 1,000 | - | 150 | - |
| 2.5(1)(a) | Fail to move to left before turning left | 1,000 | - | 150 | - |
| 2.5(1)(b) | Fail to keep to left when turning left | 1,000 | - | 150 | - |
| 2.5(2)(a) | Fail to move to right before turning right | 1,000 | - | 150 | - |
| 2.5(2)(b) | Fail to turn directly when turning right | 1,000 | - | 150 | - |
| 2.6(1) | Unsafe passing | 1,000 | - | 150 | - |
| 2.6(3) | Impeding vehicle when passing | 1,000 | - | 150 | - |
| 2.7(a) | Unauthorised pass on right at intersection | 1,000 | - | 150 | - |
| 2.7(b) | Unauthorised pass on right at flush median | 1,000 | - | 150 | - |
| 2.8 | Unauthorised pass on left | 1,000 | - | 150 | - |
| 2.9 | Pass to right of no-passing line | 1,000 | - | 150 | - |
| 2.10 | Pass vehicle at school crossing point or pedestrian crossing | 1,000 | - | 150 | - |
| 2.11(1) | Pass vehicle stopped at level crossing | 1,000 | - | 150 | - |
| 2.11(2) | Unauthorised pass of vehicle at or within 60 m of level crossing | 1,000 | - | 150 | - |
| 2.12(1) | Enter motorway at a speed or manner that creates danger | 1,000 | - | 150 | - |
| 2.12(2) | Stop or park on motorway | 1,000 | - | 150 | - |
| 2.12(3) | Drive in emergency stopping lane | 1,000 | - | 150 | - |
| 2.12(4) | Reverse or U-turn on motorway | 1,000 | - | 150 | - |
| 2.13 | Drive motor vehicle along footpath | 1,000 | - | 150 | - |
| 2.14 | Drive on lawn etc, adjacent to or part of road | 1,000 | - | 150 | - |
| 3.2(1)(b)(i) | Driver facing green disc signal fails to proceed with due regard for safety | 1,000 | - | 150 | - |
| 3.2(1)(b)(ii) | Driver facing green disc signal fails to give way to pedestrians lawfully crossing roadway | 1,000 | - | 150 | - |
| 3.2(1)(b)(iii) | Driver turning at green disc signal fails to give way to motor vehicles and cycles lawfully proceeding straight ahead | 1,000 | - | 150 | - |
| 3.2(1)(c) | Driver facing green disc signal and turning left fails to give way to traffic approaching from the opposite direction and turning right | 1,000 | - | 150 | - |
| 3.2(4)(a) | Driver enters controlled area when yellow signal displayed | 1,000 | - | 150 | - |
| 3.2(4)(b) | Pedestrian enters roadway when yellow signal displayed unless special signal displayed | 10 | - | - | - |
| 3.2(5)(a) | Driver of vehicle enters controlled area when red signal displayed | 1,000 | - | 150 | - |
| 3.2(5)(a) | Cyclist enters controlled area beyond cycle limit line when red signal displayed | 1,000 | - | 150 | - |
| 3.2(5)(b) | Pedestrian enters roadway when red signal displayed unless special signal displayed | 10 | - | - | - |
| 3.3(1)(a) | Driver proceeds in direction indicated by green arrow without due regard for safety | 1,000 | - | 150 | - |
| 3.3(1)(b) | Pedestrian enters roadway when green arrow signal displayed unless special signal displayed | 10 | - | - | - |
| 3.3(2)(a) | Driver enters controlled area when yellow arrow signal displayed | 1,000 | - | 150 | - |
| 3.3(2)(b) | Pedestrian enters roadway when yellow arrow signal displayed unless special signal displayed | 10 | - | - | - |
| 3.3(3)(a) | Driver enters controlled area when red arrow signal displayed | 1,000 | - | 150 | - |
| 3.3(3)(b) | Pedestrian enters roadway when red arrow signal displayed unless special signal displayed | 10 | - | - | - |
| 3.5(1) | Pedestrian, rider of mobility device, or rider of wheeled recreational device enters roadway when red human figure displayed | 10 | - | - | - |
| 3.6(2) | Driver of light rail vehicle enters controlled area when yellow T signal displayed | 1,000 | - | 150 | - |
| 3.6(2) | Driver of bus enters controlled area when yellow B signal displayed | 1,000 | - | 150 | - |
| 3.6(4) | Driver of light rail vehicle enters controlled area when red T signal displayed | 1,000 | - | 150 | - |
| 3.6(4) | Driver of bus enters controlled area when red B signal displayed | 1,000 | - | 150 | - |
| 3.7(2) | Cyclist fails to stop outside controlled area when yellow cycle signal displayed | 1,000 | - | 150 | - |
| 3.7(3) | Cyclist enters controlled area when red cycle signal displayed | 1,000 | - | 150 | - |
| 3.8(2) | Fail to comply with hand-held stop sign | 1,000 | - | 150 | - |
| 3.9 | Fail to comply with school patrol sign | 1,000 | - | 150 | - |
| 3.10(2) | Driver fails to signal intention to stop or reduce speed | 1,000 | - | 150 | - |
| 3.10(3) | Driver fails to signal intention to move to right | 1,000 | - | 150 | - |
| 3.10(4) | Driver fails to signal intention to move to left | 1,000 | - | 150 | - |
| 3.10(5)(a) | Driver intending to leave roundabout at first exit fails to indicate left before entering | 1,000 | - | 150 | - |
| 3.10(5)(b) | Driver intending to leave roundabout more than half way round fails to indicate right before entering | 1,000 | - | 150 | - |
| 3.10(6) | Driver fails to indicate left immediately before intended exit from roundabout | 1,000 | - | 150 | - |
| 3.11 | Driver fails to make way for emergency vehicle etc | 1,000 | - | 150 | - |
| 3.12 | Driver fails to make way for medical practitioner, pilot vehicle etc | 1,000 | - | 150 | - |
| 4.1(1)(a) | Driver fails to stop at stop sign | 1,000 | - | 150 | - |
| 4.1(1)(b) | Driver fails to give way at stop sign | 1,000 | - | 150 | - |
| 4.1(2) | Driver fails to give way at give-way sign | 1,000 | - | 150 | - |
| 4.2(2) | Driver of vehicle changing lanes or turning fails to give way to vehicle not changing lanes or turning | 1,000 | - | 150 | - |
| 4.2(2A) | Driver of left-turning vehicle fails to give way to an approaching right-turning vehicle | 1,000 | - | 150 | - |
| 4.2(3) | Driver at intersection fails to give way to vehicle approaching or crossing from right | 1,000 | - | 150 | - |
| 4.4 | Driver fails to give way to road user on footpath when entering/exiting driveway | 1,000 | - | 150 | - |
| 4.5(1) | Increase speed when approaching intersection | 1,000 | - | 150 | - |
| 4.5(2) | Enter intersection when passage blocked | 1,000 | - | 150 | - |
| 4.6(1) | Driver entering roundabout fails to give way | 1,000 | - | 150 | - |
| 4.6(2) | Driver intending to leave roundabout less than half-way round fails to enter from left-hand or designated lane | 1,000 | - | 150 | - |
| 4.6(3) | Driver intending to leave roundabout half-way round fails to enter from designated lane/use lane reserved for another movement | 1,000 | - | 150 | - |
| 4.6(4) | Driver intending to leave roundabout more than halfway round fails to enter from right-hand or designated lane | 1,000 | - | 150 | - |
| 4.7 | Impede light rail vehicle | 1,000 | - | 150 | - |
| 5.1(1) | Driver exceeds, applicable permanent, etc, speed limit | 1,000 | - | as per scale set out in Schedule 1B | - |
| 5.3 | Drive at speed below minimum speed limit in a minimum-speed lane | 1,000 | - | 150 | - |
| 5.4(1) | Driver exceeds 90 km/h when towing | 1,000 | - | as per scale set out in Schedule 1B | - |
| 5.4(3) | Driver of cycle, moped, motorcycle, or all terrain vehicle exceeds 40 km/h when towing | 1,000 | - | as per scale set out in Schedule 1B | - |
| 5.4(4) | Driver exceeds 30 km/h when towing mechanically disabled motorcycle or all terrain vehicle | 1,000 | - | as per scale set out in Schedule 1B | - |
| 5.5(1) | Driver of heavy motor vehicle exceeds 90 km/h | 1,000 | - | as per scale set out in Schedule 1B | - |
| 5.5(2) | Driver of heavy motor vehicle without springs exceeds 50% of permitted speed | 1,000 | - | as per scale set out in Schedule 1B | - |
| 5.6(1)(a) | Driver of motor vehicle meeting, etc, stationary school bus fails to drive with due care | 1,000 | - | 150 | - |
| 5.6(1)(b) | Driver of motor vehicle overtaking school bus exceeds 20 km/h | 1,000 | - | as per scale set out in Schedule 1B | - |
| 5.6(2) | Driver of school bus exceeding 2 000 kg exceeds 80 km/h | 1,000 | - | as per scale set out in Schedule 1B | - |
| 5.7(2) | Exceed 10 km/h driving light rail vehicle in shared zone | 1,000 | - | as per scale set out in Schedule 1B | - |
| 5.7(3) | Driver of light rail vehicle exceeds maximum speed specified in safety system | 1,000 | - | as per scale set out in Schedule 1B | - |
| 5.8 | Exceed 20 km/h when passing signed accident, etc | 1,000 | - | as per scale set out in Schedule 1B | - |
| 5.9(1) | Exceed speed for stopping distance in lane | 1,000 | - | 150 | - |
| 5.9(2) | Exceed speed for stopping distance on road not marked in lanes | 1,000 | - | 150 | - |
| 5.9(3) | Drive too close to vehicle in front | 1,000 | - | 150 | - |
| 5.9(4) | Drive at less than minimum stopping distance for speed | 1,000 | - | 150 | - |
| 6.1 | Park, etc, vehicle without due care | 1,000 | 1,000 | 60 | 60 |
| 6.2 | Park, etc, vehicle on roadway when practicable to park on road margin | 1,000 | 1,000 | 40 | 40 |
| 6.3(1) | Park, etc, vehicle on bend, etc | 1,000 | 1,000 | 40 | 40 |
| 6.3(2) | Unauthorised parking, etc, on or within 6 m of intersection | 1,000 | 1,000 | 60 | 60 |
| 6.4(1) | Park contrary to traffic sign, etc | - | 1,000 | as per scale set out in Schedule 1B | as per scale set out in Schedule 1B |
| 6.4(1A) | Park, etc, in parking area reserved for disabled persons | 1,000 | 1,000 | 150 | 150 |
| 6.4(4) | Park, etc, on broken yellow lines | 1,000 | 1,000 | 60 | 60 |
| 6.5(1) | Park, etc, vehicle on pedestrian crossing | 1,000 | 1,000 | 60 | 60 |
| 6.5(2)(a) | Park, etc, vehicle within 6 m of driver's approach to pedestrian crossing | 1,000 | 1,000 | 60 | 60 |
| 6.5(2)(b) | Park, etc, vehicle in signed/marked area on driver's approach to pedestrian crossing | 1,000 | 1,000 | 60 | 60 |
| 6.6 | Park, etc, vehicle in special vehicle lane | 1,000 | 1,000 | 60 | 60 |
| 6.7 | Park, etc, vehicle on traffic island or flush median | 1,000 | 1,000 | 40 | 40 |
| 6.8(1) | Park, etc, vehicle within 6 m of bus stop sign | 1,000 | 1,000 | 40 | 40 |
| 6.9(1) | Vehicle obstructs entrance or exit of driveway | 1,000 | 1,000 | 40 | 40 |
| 6.10 | Park, etc, vehicle near fire hydrant | 1,000 | 1,000 | 40 | 40 |
| 6.11 | Park, etc, vehicle alongside another stopped motor vehicle | 1,000 | 1,000 | 60 | 60 |
| 6.12 | Fail to park, etc, vehicle parallel to road | 1,000 | 1,000 | 40 | 40 |
| 6.13 | Fail to park, etc, vehicle at angle when required | 1,000 | 1,000 | 40 | 40 |
| 6.14 | Park, etc, vehicle on footpath/cycle path | 1,000 | 1,000 | 40 | 40 |
| 6.15 | Park, etc, vehicle of unauthorised class on reserved area | 1,000 | 1,000 | 60 | 60 |
| 6.16 | Park, etc, on loading zone | 1,000 | 1,000 | 40 | 40 |
| 6.17(a) | Stop, etc, on level crossing | 1,000 | 1,000 | 150 | 150 |
| 6.17(b) | Stop, etc, near level crossing so as to obscure view | 1,000 | 1,000 | 150 | 150 |
| 6.18(1) | Park goods vehicle at angle during hours of darkness | 1,000 | 1,000 | 60 | 60 |
| 6.19 | Park trailer on roadway for more than 7 days | 1,000 | 1,000 | 60 | 60 |
| 7.1(1) | Riding dangerously | 1,000 | - | 150 | - |
| 7.1(2) | Driver permits riding dangerously | 1,000 | - | 150 | - |
| 7.1(3) | Alight from/board a moving motor vehicle or light rail vehicle | 1,000 | - | 150 | - |
| 7.1(4) | Operate motorcycle carrying more than 2 persons | 1,000 | - | 600 | - |
| 7.2(1) | Cause hazard with motor vehicle doors | 1,000 | - | 150 | - |
| 7.2(2) | Driver of school bus, etc, fails to ensure doors shut when vehicle in motion | 1,000 | - | 150 | - |
| 7.3(1) | Operate unsafe vehicle | 1,000 | - | 600 | - |
| 7.3(2) | Operate vehicle with unsafe load | 1,000 | - | 600 | - |
| 7.3(3) | Operate vehicle with insecure load | 1,000 | - | 600 | - |
| 7.3(4) | Operate vehicle with load dragging on roadway | 1,000 | - | 600 | - |
| 7.3(5) | Tow caravan with occupant | 1,000 | - | 150 | - |
| 7.4(1) | Operate vehicle that creates excessive noise | 1,000 | - | 50 | - |
| 7.4(2) | Create excessive noise within or on vehicle | 1,000 | - | 50 | - |
| 7.4(5)(a) | Unreasonable use of warning device | 1,000 | - | 150 | - |
| 7.4(5)(b) | Make unreasonably loud noise from warning device | 1,000 | - | 150 | - |
| 7.4(6) | Operate siren on emergency vehicle not readily identifiable as such | 1,000 | - | 150 | - |
| 7.5 | Operate smoky vehicle | 1,000 | - | 150 | - |
| 7.6 | Driver fails to ensure passenger under 5 uses child restraint | 1,000 | - | 150 | - |
| 7.7 | Driver fails to ensure passenger aged 5-7 uses child restraint or seat belt | 1,000 | - | 150 | - |
| 7.8 | Driver fails to ensure passenger aged 8-14 wears seat belt | 1,000 | - | 150 | - |
| 7.9 | Driver permits unrestrained passenger under 15 in front seat | 1,000 | - | 150 | - |
| 7.10 | Fail to wear seat belt | 1,000 | - | 150 | - |
| 7.12(1) | Drive or ride all terrain vehicle, motorcycle, or moped without securely fastened approved helmet | 1,000 | - | 50 | - |
| 7.12(7) | Drive or ride all terrain vehicle, motorcycle, or moped with damaged, etc, safety helmet | 1,000 | - | 50 | - |
| 7.15 | Fail to produce safety helmet for inspection | 1,000 | - | 150 | - |
| 7.16(2) | Fail to remove dangerous substance from road | 1,000 | - | 280 | - |
| 7.16(3) | Fail to report dangerous substance on road | 1,000 | - | 280 | - |
| 7.17(2) | Driver in convoy fails to leave space for passing vehicles | 1,000 | - | 150 | - |
| 7.18(1) | Driver of light vehicle tows more than 1 trailer | 1,000 | - | 150 | - |
| 7.18(4) | Tow a vehicle other than trailer during hours of darkness without lights | 1,000 | - | 150 | - |
| 7.18(5) | Tow trailer without adequate coupling | 1,000 | - | 150 | - |
| 7.18(6) | Tow motorcycle or all terrain vehicle that is not mechanically disabled | 1,000 | - | 150 | - |
| 7.19 | Drive vehicle fitted with unretracted and unlocked outrigger | 1,000 | - | 150 | - |
| 7.20 | Drive dual steering vehicle from left-hand position unless carrying out task for which vehicle constructed or evaluating vehicle | 1,000 | - | 150 | - |
| Provision | Brief description | Maximum penalty on summary conviction for individual ($) | Maximum penalty on summary conviction for body corporate ($) | Infringement fee for individual ($) | Infringement fee for body corporate ($) |
|---|---|---|---|---|---|
| 7.21(1) | Operate motor vehicle carrying loaded firearm | 1,000 | - | 150 | - |
| 7.22 | Fail to exercise due care towards ridden and driven animals | 1,000 | - | 55 | - |
| 8.1(1) | Operate motorcycle without adequate footrests | 1,000 | - | 150 | - |
| 8.1(2) | Driver fails to ensure footrests used | 1,000 | - | 150 | - |
| 8.2 | Operate motor vehicle on road without ready means of entrance and exit | 1,000 | - | 150 | - |
| 8.3(1) | Use lighting equipment that dazzles, etc | 1,000 | - | 150 | - |
| 8.3(2)(a) | Fail to dip headlamps for other driver | 1,000 | - | 150 | - |
| 8.3(2)(b) | Fail to dip headlamps at controlled intersection, etc | 1,000 | - | 150 | - |
| 8.3(2)(c) | Fail to dip headlamps when vehicle parked | 1,000 | - | 150 | - |
| 8.3(3) | Fail to use headlamps during hours of darkness | 1,000 | - | 150 | - |
| 8.3(4) | Fail to use position lamps during hours of darkness | 1,000 | - | 150 | - |
| 8.4(1) | Inappropriate use of fog lamp | 1,000 | - | 150 | - |
| 8.4(2)(a) | Use work lamp on vehicle when not stationary or moving slowly | 1,000 | - | 150 | - |
| 8.4(2)(b) | Use work lamp on vehicle other than to illuminate a scene | 1,000 | - | 150 | - |
| 8.5(1) | Unauthorised use of beacon | 1,000 | - | 150 | - |
| 8.5(2) | Unauthorised use of alternate flashing headlamps | 1,000 | - | 150 | - |
| 8.6 | Unauthorised use of hazard lamps | 1,000 | - | 150 | - |
| 8.7(1) | Park, etc, unlit vehicle during hours of darkness | 1,000 | - | 150 | - |
| 8.7(2) | Park, etc, goods vehicle during hours of darkness without rearward facing position lamp | 1,000 | - | 150 | - |
| 8.7(3) | Fail to use position lamp(s) or dipped-beam headlamp(s) when stopped temporarily | 1,000 | - | 150 | - |
| 8.8 | Fail to keep forward windscreen clear | 1,000 | - | 150 | - |
| 8.9(1) | Fail to keep motor vehicle in appropriate condition | 500 | 500 | 150 | 150 |
| 8.9(3) | Fail to comply with load height/weight limits and conditions on certificate of loading: | ||||
| breach of height limit | 1,000 | 1,000 | 150 | 150 | |
| breach of weight specifications | as per scale set out in Schedule 1A | as per scale set out in Schedule 1A | as per scale set out in Schedule 1B | as per scale set out in Schedule 1B | |
| 8.10(1)(a) | Fail to operate within load height/gross mass limits specified on certificate of loading: | ||||
| breach of height limit | 1,000 | 1,000 | 600 | 600 | |
| breach of gross mass limit | as per scale set out in Schedule 1A | as per scale set out in Schedule 1A | as per scale set out in Schedule 1B | as per scale set out in Schedule 1B | |
| 8.10(1)(b) | Fail to operate within static roll threshold compliance certificate limits: | ||||
| breach of height limit | 1,000 | 1,000 | 600 | 600 | |
| breach of gross mass limit | as per scale set out in Schedule 1A | as per scale set out in Schedule 1B | as per scale set out in Schedule 1B | as per scale set out in Schedule 1B | |
| 8.10(2)(a) | Fail to carry static roll threshold compliance certificate | 1,000 | - | 150 | - |
| 8.10(2)(b) | Fail to produce static roll threshold compliance certificate | 1,000 | - | 150 | - |
| 9.1(2) | Driver fails to give way to rail vehicle on level crossing | 20,000 | - | 150 | - |
| 9.1(3) | Walk across level crossing when risk of collision with rail vehicle | 20,000 | - | 150 | - |
| 9.1(4) | Drive, etc, vehicle, or animal across level crossing when risk of collision with rail vehicle | 20,000 | - | 150 | - |
| 9.2(1)(a) | Fail to comply with stop sign at level crossing | 1,000 | - | 150 | - |
| 9.2(1)(b) | Fail to remain stationary at stop sign until level crossing clear | 1,000 | - | 150 | - |
| 9.2(2) | Driver fails to give way to rail vehicle at level crossing controlled by give-way sign | 1,000 | - | 150 | - |
| 9.2(3) | Driver enters controlled area of level crossing when red signal displayed | 1,000 | - | 150 | - |
| 9.2(4) | Driver enters controlled area of level crossing when barrier arm lowered | 1,000 | - | 150 | - |
| 9.3 | Driver enters level crossing when passage or exit blocked | 1,000 | - | 2 | - |
| 9.4 | Driver fails to comply with passenger service vehicle requirements at level crossing | 1,000 | - | 150 | - |
| 10.1(1) | Driver fails to give way at pedestrian crossing | 1,000 | - | 150 | - |
| 10.1(2) | Driver enters pedestrian crossing when passage blocked | 1,000 | - | 150 | - |
| 10.2(1) | Driver of vehicle fails to give way to pedestrian on shared zone | 1,000 | - | 150 | - |
| 10.2(2) | Pedestrian in shared zone unduly impedes passage of vehicle in shared zone | 35 | - | - | - |
| 11.1(1) | Pedestrian fails to remain on footpath | 35 | - | - | - |
| 11.1(2) | Drive mobility device on roadway when practicable to drive on footpath | 35 | - | - | - |
| 11.1(3) | Pedestrian driver of mobility device using roadway fails to keep to edge of roadway | 35 | - | - | - |
| 11.1(4) | Operate mobility device or wheeled recreational device without care/inconsiderately/at hazardous speed on footpath | 1,000 | - | 100 | - |
| 11.1(5) | Driver of wheeled recreational device on footpath fails to give way to pedestrians, drivers of mobility devices | 1,000 | - | 50 | - |
| 11.1(6) | Pedestrian unduly impedes mobility device or wheeled recreational device on footpath | 35 | - | - | - |
| 11.2(a) | Fail to remain in safety zone when waiting to board light rail vehicle | 35 | - | - | - |
| 11.2(b) | Fail to remain on footpath until light rail vehicle stopped | 35 | - | - | - |
| 11.3 | Pedestrian/rider of mobility device fails to use pedestrian crossing, etc, within 20 m | 35 | - | - | - |
| 11.4(1) | Pedestrian/rider of mobility device/wheeled recreational device fails to cross road at right angle to roadway | 35 | - | - | - |
| 11.5 | Pedestrian/rider of mobility device/wheeled recreational device on pedestrian crossing fails to give vehicle time to give way | 35 | - | - | - |
| 11.6 | Pedestrian/rider of mobility device/wheeled recreational device loiters on pedestrian crossing, etc | 35 | - | - | - |
| 11.7 | Carry passenger on cycle or moped if not on pillion or infant seat | 1,000 | - | 55 | - |
| 11.8(1) | Ride bicycle without securely fastened approved helmet | 1,000 | - | 55 | - |
| 11.8(4) | Cyclist fails to ensure person carried on trailer being towed wearing securely fastened approved helmet | 1,000 | - | 55 | - |
| 11.8(6) | Fail to produce helmet or exemption for inspection | 1,000 | - | 55 | - |
| 11.9(1) | Ride cycle/moped when towing vehicle other than trailer | 1,000 | - | 55 | - |
| 11.9(2) | Rider permits cycle/mobility device/wheeled recreational device to be towed | 1,000 | - | 55 | - |
| 11.10 | Ride cycle or moped abreast | 1,000 | - | 55 | - |
| 11.11(1) | Ride cycle/moped on footpath, lawn, etc | 1,000 | - | 55 | - |
| 11.12(1) | Ride cycle during hours of darkness without headlamp, reflector and rearward-facing position lamp | 1,000 | - | 55 | - |
| 11.12(2) | Ride cycle during hours of darkness without pedal reflectors or wearing reflecting material | 1,000 | - | 55 | - |
| 11.13 | Ride moped during hours of darkness without headlamp, reflector and rearward-facing position lamp | 1,000 | - | 55 | - |
| 11.14(1) | Fail to keep ridden animal on road margin | 1,000 | - | 55 | - |
| 11.14(2) | Fail to keep ridden animal on left of roadway | 1,000 | - | 55 | - |
| 11.14(3) | Ride animal on right of more than 1 other ridden animal or of vehicle | 1,000 | - | 55 | - |
| 11.14(4) | Ride animal on footpath etc | 1,000 | - | 55 | - |
| 11.14(5) | Person moving untethered animals fails to exercise due care or minimise disruption to traffic | 1,000 | - | 55 | - |
| 11.15(a) | Rider on roadway fails to keep led animal on left | 1,000 | - | 55 | - |
| 11.15(b) | Rider on road margin fails to keep between led animal and roadway | 1,000 | - | 55 | - |
| 11.15(c) | Rider leading animal fails to exercise due care to other road users | 1,000 | 150 | - | - |
| 11.16(1)(a) | Operator of animal-drawn vehicle during hours of darkness fails to display white light visible for at least 100m on right-hand side of front of vehicle | 1,000 | - | 55 | - |
| 11.16(1)(b) | Operator of animal-drawn vehicle during hours of darkness fails to display red light visible for at least 100m to rear of vehicle | 1,000 | - | 55 | - |
| 11.16(3) | Operate animal-drawn vehicle during hours of darkness with lamp displaying other than red to rear or displaying or reflecting red light to front | 1,000 | - | 55 | - |
| 11.17 | Driver of light rail vehicle fails to take due care to enable other driver to move safely from light rail vehicle's path | 1,000 | - | 150 | - |
| Light-vehicle Brakes 2002 (32014): | |||||
| 4.1 | Responsibilities of operators | 500 | 500 | 150 | 150 |
| 4.2 | Responsibilities of repairers | 500 | 500 | 370 | 370 |
| 4.3 | Responsibilities of modifiers | 500 | 500 | 370 | 370 |
| 4.4 | Responsibilities of vehicle inspectors and inspecting organisations | 500 | 500 | 370 | 370 |
| 4.5 | Responsibilities of manufacturers and retailers | 500 | 500 | 370 | 370 |
| Operator Licensing 2007 (81001): | |||||
| 2.3 | Holder of transport service licence must notify the Agency of specified changes, and within specified time | 1,000 | 5,000 | 200 | 1,000 |
| 2.4(1) | Owner of vehicle used under transport service licence must obtain from user of vehicle a certificate of responsibility before vehicle is used in the service | 1,000 | 5,000 | 200 | 1,000 |
| 2.4(3) | Holder of transport service licence must notify the Agency of specified changes, and within specified time | 1,000 | 5,000 | 200 | 1,000 |
| 2.4(4) | Owner of vehicle obtaining certificate of responsibility must retain it for prescribed period and produce it on demand | 1,000 | 5,000 | 200 | 1,000 |
| 2.5(3) | Licensee must return recovered original licence or other document for which a duplicate has been issued | 1,000 | 5,000 | 200 | 1,000 |
| 2.6 | Licensee must return amended, revoked, or surrendered licence within 7 days of a request by the Agency | 2,000 | 10,000 | 400 | 2,000 |
| 3,2(1) | Person must not drive a small passenger service vehicle unless holding and displaying a current driver identification card | 2,000 | 10,000 | 400 | 2,000 |
| 3.2(7) | Holder of a passenger service licence operating a small passenger service vehicle, and every driver of the vehicle, must ensure driver's identification card is compliant and is displayed in the vehicle | 1,000 | 5,000 | 200 | 1,000 |
| 3.3(3) | Driver of small passenger service vehicle must state correct scale or basis of fare | 2,000 | 10,000 | 400 | 2,000 |
| 3.3(4) | Driver of small passenger service vehicle must, at end of hire, demand no more than exact fare and other charges, less any prepayment | 2,000 | 10,000 | 400 | 2,000 |
| 3.3(5) | Driver of small passenger service vehicle must, on request by a hirer, issue an itemised receipt that indicates specified particulars | 2,000 | 10,000 | 400 | 2,000 |
| 3.3(6) | Driver of small passenger service must on request carry certain luggage and take care of luggage carried | 1000 | 5,000 | 200 | 1,000 |
| 3.3(8) | Driver of small passenger service vehicle must check vehicle for left property immediately after each hire | 1,000 | 5,000 | 200 | 1,000 |
| 3.3(9) | Driver of small passenger service vehicle must notify office immediately of any left property and deliver it to police within 24 hours | 2,000 | 10,000 | 400 | 2,000 |
| 3.3(10) | Driver of small passenger service vehicle must not place or carry in vehicle any offensive substance | 1,000 | 5,000 | 200 | 1,000 |
| 3.3(11) | Driver of small passenger service vehicle not immediately for hire must not park so as to impede a vehicle that is available for hire | 1,000 | 5,000 | 200 | 1,000 |
| 3.3(12) | Driver of small passenger service vehicle must not stop on a road longer than necessary to load or unload passengers or luggage or for other lawful purpose | 1,000 | 5,000 | 200 | 1,000 |
| 3.3(15) | Driver of small passenger service vehicle must be clean and behave in orderly and civil manner | 2,000 | 10,000 | 400 | 2,000 |
| 3.3(16) | Driver of small passenger service vehicle at designated stand must remain in attendance of vehicle | 1,000 | 5,000 | 200 | 1,000 |
| 3.3(17) | Driver of small passenger service vehicle must not carry more than prescribed number of passengers | 2,000 | 10,000 | 400 | 2,000 |
| 3.4 | Holder of a passenger service licence must not allow vehicle to be used with prohibited advertising | 1,000 | 5,000 | 200 | 1,000 |
| 3.5(1) | Holder of a passenger service licence operating a small passenger service vehicle must ensure complaints register is maintained | 4,000 | 20,000 | 750 | 3,750 |
| 3.5(2) | Complaints register must be maintained in respect of specified information | 2,000 | 10,000 | 400 | 2,000 |
| 3.5(4) | Entries in complaints register must be retained in register for 2 years | 2,000 | 10,000 | 400 | 2,000 |
| 3.5(5) | Complaints register must be available for inspection by enforcement officer | 2,000 | 10,000 | 400 | 2,000 |
| 3.5(6) | Complaints register must record specified information | 2,000 | 10,000 | 400 | 2,000 |
| 3.5(7) | Original written complaints must be retained as part of complaints register | 2,000 | 10,000 | 400 | 2,000 |
| 4.2(1) | Holder of passenger service licence operating a taxi must ensure specified information is displayed on inside and outside of vehicle | 2,000 | 10,000 | 400 | 2,000 |
| 4.2(2) | Holder of passenger service licence operating a taxi service must ensure that every taxi used under the licence displays transport service licence number in specified manner on outside of taxi | 2,000 | 10,000 | 400 | 2,000 |
| 4.2(5) | Name of approved taxi organisation and unique fleet number must be positioned in prescribed position inside vehicle | 2,000 | 10,000 | 400 | 2,000 |
| 4.2(6) | Specified information must be positioned in prescribed position on outside of vehicle | 2,000 | 10,000 | 400 | 2,000 |
| 4.2(8) | Holder of a passenger service licence operating a taxi service and driver must ensure that prescribed information is provided in Braille | 2,000 | 10,000 | 400 | 2,000 |
| 4.3(1) & (2) | Holder of passenger service licence must ensure every taxi used under the licence has approved roof sign | 2,000 | 10,000 | 400 | 2,000 |
| 4.3(3) | Driver of taxi available for hire at night must ensure roof sign is illuminated | 2,000 | 10,000 | 400 | 2,000 |
| 4.4(1)(a) | Taxi driver cruising for hire must drive at a speed that does not impede traffic | 1,000 | 5,000 | 200 | 1,000 |
| 4.4(1)(b) | Taxi driver cruising for hire must display a for hire sign | 1,000 | 5,000 | 200 | 1,000 |
| 4.4(2) | Taxi driver, while available for hire, must, with certain exceptions, accept any offered hire and passenger up to the prescribed maximum | 1,000 | 5,000 | 200 | 1,000 |
| 4.4(3) | Taxi driver may allow only the hirer and persons permitted by the hirer to ride in the vehicle | 1,000 | 5,000 | 200 | 1,000 |
| 4.4(4) | Taxi driver must not pick up or set down a passenger if traffic hazard created or traffic flow impeded | 2,000 | 10,000 | 400 | 2,000 |
| 4.4(5) | Taxi driver must not accept a hire within 20 metres of a designated stand except in specified circumstances | 1,000 | 5,000 | 200 | 1,000 |
| 4.4(6) | Taxi driver must inform hirer when a change of tariff setting is made on a multiple tariff meter | 1,000 | 5,000 | 200 | 1,000 |
| 4.5(1) | Taxi not available for hire must not take up position at a designated stand | 1,000 | 5,000 | 200 | 1,000 |
| 4.5(2) | Taxi driver must take up first vacant position at a designated stand | 1,000 | 5,000 | 200 | 1,000 |
| 4.5(3) | Taxi must immediately move to position on stand vacated by vehicle in front | 1,000 | 5,000 | 200 | 1,000 |
| 4.5(4) | Taxi driver must accept first hire offered unless lawful reason to refuse | 2,000 | 10,000 | 400 | 2,000 |
| 4.6(2) | Taxi driver wishing to undertake multiple hire must first request existing hirer to share | 1,000 | 5,000 | 200 | 1,000 |
| 4.6(3) | Taxi driver must not include prospective hirer or other person if existing hirer objects | 2,000 | 10,000 | 400 | 2,000 |
| 4.6(5) | Taxi driver undertaking a multiple hire must not charge each hirer more than the metered fare otherwise payable | 4,000 | 20,000 | 750 | 3,750 |
| 4.7(1) & (2) | Holder of a passenger service licence operating a taxi must ensure compliant schedule of fares, charges, and multiple hire discounts is displayed on outside of taxi | 2,000 | 10,000 | 400 | 2,000 |
| 4.7(3) | Fare schedule must be clearly displayed on outside front passenger door | 2,000 | 10,000 | 400 | 2,000 |
| 4.7(4) | Person must not drive taxi if fare schedule not displayed | 2,000 | 10,000 | 400 | 2,000 |
| 4.8(1) | Holder of a passenger service licence operating a taxi must display a schedule of fares, charges, and multiple hire discounts containing specified information in prescribed manner | 1,000 | 5,000 | 200 | 1,000 |
| 4.8(4) | Person must not drive taxi hired or available for hire if schedule not displayed | 2,000 | 10,000 | 400 | 2,000 |
| 4.9(2) | Person must not display fares, charges, or multiple hire discounts not registered with the Agency | 2,000 | 10,000 | 400 | 2,000 |
| 4.10(1) | Taxi driver must not charge a fare that exceeds fare stated in registered fare schedule | 4,000 | 20,000 | 750 | 3,750 |
| 4.11(1) | A meter must not be used until tested, sealed and certificated by the Agency or authorised person | 4,000 | 20,000 | 750 | 3,750 |
| 4.11(3) | Taxi driver must carry taxi meter certificate in vehicle and produce it on demand | 2,000 | 10,000 | 400 | 2,000 |
| 4.11(4) | Taxi driver or operator of taxi service must not operate taxi, or allow taxi to be operated, unless taxi fitted with compliant meter in good working order | 2,000 | 10,000 | 400 | 2,000 |
| 4.11(5) | Taxi driver must operate meter in prescribed manner | 2,000 | 10,000 | 400 | 2,000 |
| 4.11(6) | Taxi driver must not use meter with intent to deceive, or operate vehicle if meter has been tampered with | 10,000 | 50,000 | – | – |
| 4.11(7)(a) | Holder of a passenger service licence operating a taxi service must maintain meter in good working order and have it regularly tested, sealed, and certificated | 4,000 | 20,000 | 750 | 3,750 |
| 4.11(7)(b) | Holder of a passenger service licence operating a taxi service must ensure driver ceases to ply for hire if meter is out of order or its seal is broken, and ensure meter is repaired, tested, sealed, and certificated | 4,000 | 20,000 | 750 | 3,750 |
| 4.11(7)(c) | Holder of a passenger service licence operating a taxi service must ensure meter is retested, sealed and certificated in prescribed circumstances before carrying passengers for hire | 4,000 | 20,000 | 750 | 3,750 |
| 4.11(8) | Holder of a passenger service licence operating a taxi service must ensure vehicle is not available for hire if meter found to be not registering or registering incorrectly, until meter repaired, sealed, and certificated | 4,000 | 20,000 | 750 | 3,750 |
| 4.12 | Taxi driver must use most advantageous route to hirer's destination, unless hirer requests otherwise | 2,000 | 20,000 | 400 | 2,000 |
| 4.13(2) | Person must not cause or permit taxi driver to accept a hire in specified area unless driver holds area knowledge certificate for that area | 2,000 | 10,000 | 400 | 2,000 |
| 4.13(6) | Taxi driver in Auckland or Wellington must hold all applicable area knowledge certificates | 2,000 | 10,000 | 400 | 2,000 |
| 4.13(9) | Taxi driver must not accept a hire in specified area unless driver holds area knowledge certificate for that area | 2,000 | 10,000 | 400 | 2,000 |
| 4.13(15) | Taxi driver must take an English language test or complete a course if required to do so by the Agency | 2,000 | 10,000 | 400 | 2,000 |
| 4.13(17) | Area knowledge certificate must not be issued unless applicant has passed approved test | 4,000 | 20,000 | 750 | 3,750 |
| 5.1(3) | A shuttle must not be fitted with a roof sign | 2,000 | 10,000 | 400 | 2,000 |
| 5.1(4) | A shuttle must not use taxi meter to determine fares | 2,000 | 10,000 | 400 | 2,000 |
| 5.1(5) | A shuttle must not cruise for hire | 2,000 | 10,000 | 400 | 2,000 |
| 5.1(6) | A shuttle must be available for shared use of unassociated passengers | 2,000 | 10,000 | 400 | 2,000 |
| 5.2(1) | Holder of passenger service licence operating a shuttle service must ensure specified information is displayed on inside and outside of vehicle | 2,000 | 10,000 | 400 | 2,000 |
| 5.2(2) | Holder of passenger service licence operating a shuttle service must ensure transport service licence number is displayed in specified manner on outside of shuttle | 2,000 | 10,000 | 400 | 2,000 |
| 5.2(4) | Specified information must be displayed inside vehicle in prescribed position | 2,000 | 10,000 | 400 | 2,000 |
| 5.2(5) | Specified information must be positioned in prescribed positions on outside of vehicle | 2,000 | 10,000 | 400 | 2,000 |
| 5.3 | Shuttle driver, while available for hire, must accept any hire for shared use and the hirer as a passenger | 2,000 | 10,000 | 400 | 2,000 |
| 5.4(1) | Shuttle service must be operated to or from a registered starting or end point | 2,000 | 10,000 | 400 | 2,000 |
| 5.4(3) | Holder of passenger service licence operating a shuttle service must register service and general area of operation with the Agency before commencing service | 2,000 | 10,000 | 400 | 2,000 |
| 5.4(5) | Shuttle driver must carry copy of Director's registration of acknowledgement, and produce it on demand | 2,000 | 10,000 | 400 | 2,000 |
| 5.4(6) | Shuttle passenger must be uplifted or set down at registered transit point | 2,000 | 10,000 | 400 | 2,000 |
| 5.5(1) | Shuttle driver must only charge fare registered with the Agency or agreed with passenger | 2,000 | 10,000 | 400 | 2,000 |
| 5.5(2) | Holder of passenger service licence operating a shuttle service must ensure detailed fare schedule is carried in shuttle | 2,000 | 10,000 | 400 | 2,000 |
| 5.5(4) | Shuttle driver must produce detailed fare schedule to passenger upon request | 2,000 | 10,000 | 400 | 2,000 |
| 5.5(7) | Person must not drive shuttle available for hire unless notice containing specified information is displayed inside or outside shuttle and driver carries detailed fare schedule | 2,000 | 10,000 | 400 | 2,000 |
| 5.6(1) | Shuttle driver available for hire must take up position at a designated shuttle stand or area designated for small passenger service vehicles (except areas designated for taxis only) | 1,000 | 5,000 | 200 | 1,000 |
| 5.6(2) | Shuttle driver must take up first vacant position at a stand | 1,000 | 5,000 | 200 | 1,000 |
| 5.6(3) | Shuttle driver must immediately move to position on stand vacated by vehicle in front | 1,000 | 5,000 | 200 | 1,000 |
| 5.7(1) | Shuttle service must not be commenced until fare schedule registered with and acknowledged by the Agency | 2,000 | 10,000 | 400 | 2,000 |
| 5.7(3) | Shuttle driver must not charge a fare that exceeds fare stated in registered fare schedule | 4,000 | 20,000 | 750 | 3,750 |
| 6.1(2) | Private hire vehicle must not cruise for hire | 2,000 | 10,000 | 400 | 2,000 |
| 6.1(3) | Private hire vehicle must not be fitted with a roof sign | 2,000 | 10,000 | 400 | 2,000 |
| 6.1(4) | Private hire vehicle must be prebooked | 2,000 | 10,000 | 400 | 2,000 |
| 6.1(5) | Driver of private hire vehicle must not use taxi meter to determine fares | 2,000 | 10,000 | 400 | 2,000 |
| 6.1(6) | Driver of private hire vehicle must charge only a set fare or an hourly rate agreed with passenger when booking | 2,000 | 10,000 | 400 | 2,000 |
| 6.1(7) | Private hire service operator must register details of nature of service and area of operation with Agency before commencing service | 2,000 | 10,000 | 400 | 2,000 |
| 6.2 | Driver of private hire vehicle must carry specified information and a copy of the Director's acknowledgement of registration in vehicle and produce them on demand | 2,000 | 10,000 | 400 | 2,000 |
| 6.3(1) | Driver of private hire vehicle must not take up position at a stand designated for small passenger service vehicles (not being for taxis or shuttles only) unless waiting for prebooked passenger | 1,000 | 5,000 | 200 | 1,000 |
| 7.1(2) | Operator of passenger service using small passenger service vehicle not operated in taxi, shuttle or private hire service must register service with, and seek approval of, the Agency | 2,000 | 10,000 | 400 | 2,000 |
| 7.1(4) | Driver of small passenger service vehicle not operated in taxi, shuttle or private hire service must carry a copy of Director's approval and produce it on demand | 2,000 | 10,000 | 400 | 2,000 |
| 7.3 | Driver of small passenger service vehicle not operated in taxi, shuttle, or private hire service must be clean and behave in orderly and civil manner while operating vehicle | 2,000 | 10,000 | 400 | 2,000 |
| 8.3(2) | At least one person in control of approved taxi organisation must hold certificate of knowledge of law and practice | 10,000 | 20,000 | 2,000 | 3,750 |
| 8.4(1) | Approved taxi organisation must submit proposed amendment to approved operating rules to Agency for approval | 10,000 | 10,000 | 2,000 | 2,000 |
| 8.4(3) | Approved taxi organisation must ensure members and drivers comply with approved operating rules | 10,000 | 10,000 | 2,000 | 2,000 |
| 8.5(1)(a) | Approved taxi organisation must ensure each member operating a taxi service holds a passenger service licence | 10,000 | 10,000 | 2,000 | 2,000 |
| 8.5(1)(b) | Approved taxi organisation must ensure members' services are available to public for specified period or in specified manner | 10,000 | 10,000 | 2,000 | 2,000 |
| 8.5(1)(c) | Approved taxi organisation must ensure that, as soon as signage approved, telephone numbers are advertised in White Pages | 10,000 | 10,000 | 2,000 | 2,000 |
| 8.5(1)(d) | Approved taxi organisation must assign unique fleet numbers to members' vehicles | 10,000 | 10,000 | 2,000 | 2,000 |
| 8.5(1)(e) | Approved taxi organisation must maintain a member and driver register containing prescribed information | 10,000 | 10,000 | 2,000 | 2,000 |
| 8.5(1)(f) | Approved taxi organisation must maintain a complaints register and comply with specified requirements | 10,000 | 10,000 | 2,000 | 2,000 |
| 8.5(1)(g) | Approved taxi organisation must ensure members and drivers hold appropriate area knowledge certificates | 10,000 | 10,000 | 2,000 | 2,000 |
| 8.5(1)(h) | Approved taxi organisation must ensure members and drivers maintain adequate knowledge of current operating area, and have appropriate ability to speak English | 10,000 | 10,000 | 2,000 | 2,000 |
| 8.5(1)(i) | Approved taxi organisation must ensure each driver holds a current driver licence, P endorsement, and driver identification card | 10,000 | 10,000 | 2,000 | 2,000 |
| 8.5(1)(j) | Approved taxi organisation must notify the Agency of change in person in control within 14 days | 10,000 | 10,000 | 2,000 | 2,000 |
| 8.5(1)(k) | Approved taxi organisation must notify the Agency of change in business address or telephone number within 14 days | 10,000 | 10,000 | 2,000 | 2,000 |
| 8.5(1)(1) | Approved taxi organisation must report promptly to the Agency details of driver whose employment is terminated for improper behaviour | 10,000 | 10,000 | 2,000 | 2,000 |
| 8.5(1)(m) | Approved taxi organisation must report promptly to the Agency serious complaints and follow-up action | 10,000 | 10,000 | 2,000 | 2,000 |
| 8.5(1)(n) | Approved taxi organisation must provide to the Agency all information relevant to serious complaints | 10,000 | 10,000 | 2,000 | 2,000 |
| 8.5(1)(o) | Approved taxi organisation must record log-on and log-off times of drivers and retain records for specified period | 10,000 | 10,000 | 2,000 | 2,000 |
| 8.5(1)(p) | Approved taxi organisation must make member and driver register available for inspection on demand | 10,000 | 10,000 | 2,000 | 2,000 |
| 8.5(1)(q) | Approved taxi organisation must ensure members display only signage currently approved by the Agency, and display the fare schedule and telephone number for that signage | 10,000 | 10,000 | 2,000 | 2,000 |
| 8.5(1)(r) | Approved taxi organisation must ensure members discontinue use of replaced signage | 10,000 | 10,000 | 2,000 | 2,000 |
| 8.5(1)(s) | Approved taxi organisation must ensure changes to approved signage, or additional signage, are approved by the Agency | 10,000 | 10,000 | 2,000 | 2,000 |
| 8.6(1) | Approved taxi organisation must register fare, charge, and multiple hire discount schedules with the Agency | 10,000 | 10,000 | 2,000 | 2,000 |
| 8.7(1) | Approved taxi organisation must notify the Agency of changes to its operating areas | 10,000 | 10,000 | 2,000 | 2,000 |
| 9.1(1) | Holder of rental service licence must keep register of vehicles and hirers containing prescribed information | 2,000 | 10,000 | 400 | 2,000 |
| 9.1(2) | Holder of rental service licence must produce register for inspection | 2.000 | 10.000 | 400 | 2,000 |
| 9.2(1) | Holder of rental service licence and hirer of vehicle must enter into written rental agreement | 2,000 | 10,000 | 400 | 2,000 |
| 9.2(2) | Rental agreement must include prescribed terms | 2,000 | 10,000 | 400 | 2,000 |
| 9.2(3) | Holder of rental service licence must ensure hirer receives copy of rental agreement | 2,000 | 10,000 | 400 | 2,000 |
| 9.2(4) | Holder of rental service licence must explain provisions of rental agreement if requested by hirer | 1,000 | 5,000 | 200 | 1,000 |
| 9.2(5) | Holder of rental service licence must ensure hirer or driver holds current valid licence appropriate for vehicle | 2,000 | 10,000 | 400 | 2,000 |
| 9.3(2) | Hirer of vehicle must ensure copy of rental agreement is kept in vehicle and produced on demand for inspection | 1,000 | 5,000 | 200 | 1,000 |
| 9.4(1) | Holder of rental service licence must offer vehicle insurance before agreeing to hire | 1,000 | 5,000 | 200 | 1,000 |
| 9.5(3) | Holder of rental service licence must not charge infringement fee to hirer's credit card unless rental agreement contains specified notices | 2,000 | 10,000 | 400 | 2,000 |
| 9.5(5) & 9.5(6) | Holder of rental service licence must provide specified documents and information to hirer before debiting hirer's credit card for infringement fee | 2,000 | 10,000 | 400 | 2,000 |
| 9.5(8) | Holder of rental service licence must keep copies of documents for specified period | 2,000 | 10,000 | 400 | 2,000 |
| 9.5(9) | Holder of rental service must remit infringment fee to enforcement authority as soon as practicable | 2,000 | 10,000 | 400 | 2,000 |
| 10.1(1) | Holder of vehicle recovery service licence must ensure prescribed information is clearly displayed in approved form on and in vehicle | 2,000 | 10,000 | 400 | 2,000 |
| 10.1(2) | Holder of vehicle recovery service licence must ensure specified information is displayed on outside of vehicle | 2,000 | 10,000 | 400 | 2,000 |
| 10.1(4) | Specified information must be positioned in prescribed position on outside of vehicle | 2,000 | 10,000 | 400 | 2,000 |
| 10.3(1) | Driver of vehicle recovery service vehicle must wear a readily visible driver identification card | 2,000 | 10,000 | 400 | 2,000 |
| 10.4 | Driver of vehicle recovery service vehicle must behave in orderly and civil manner | 2,000 | 10,000 | 400 | 2,000 |
| 10.5(1) | Driver of vehicle recovery service vehicle must ensure passengers do not behave threateningly or improperly | 4,000 | 20,000 | 750 | 3.750 |
| 10.6(1) | Driver of vehicle recovery service vehicle must comply with directions of specified officers | 2,000 | 10,000 | 400 | 2,000 |
| 10.6(2) | Driver of vehicle recovery service vehicle must ensure removal of passengers if directed by specified officers | 2,000 | 10,000 | 400 | 2,000 |
| 10.7 | Holder of vehicle recovery service licence must not allow vehicle to be used with prohibited advertising | 1,000 | 5,000 | 200 | 1,000 |
| 10.8(1) | Holder of vehicle recovery service licence and vehicle driver must not allow animal to be transported | 4,000 | 20,000 | 750 | 3,750 |
| 10.9(1) | Tow authority must be completed, carried, and produced on demand if vehicle being towed | 2.000 | 10,000 | 400 | 2,000 |
| 10.9(2) | Tow authority must be in approved form and contain prescribed information | 2,000 | 10,000 | 400 | 2,000 |
| 10.10(1) | Person may not move vehicle using a vehicle recovery service vehicle unless tow authority signed by specified person | 2,000 | 10,000 | 400 | 2,000 |
| 10.11 | Driver of vehicle recovery service vehicle must tow a vehicle to destination without unreasonable delay or deviation | 2,000 | 10,000 | 400 | 2,000 |
| 10.12 | Holder of vehicle recovery service licence and vehicle driver must prevent loss or damage to towed vehicle | 2,000 | 10,000 | 400 | 2,000 |
| 10.13(1) | Holder of vehicle recovery service licence must maintain chronological register of all tow authorities for each vehicle operated | 2,000 | 10,000 | 400 | 2,000 |
| 10.13(3) | Tow authority register must be made available for inspection | 2,000 | 10,000 | 400 | 2,000 |
| 10.14(1) | Holder of vehicle recovery service licence operating a vehicle recovery service vehicle must ensure complaints register is maintained and specified requirements are complied with | 4,000 | 20,000 | 750 | 3,750 |
| 11.1(1) | Holder of goods service licence operating a goods service vehicle must ensure specified information is displayed on outside of front doors of vehicle | 2,000 | 10,000 | 400 | 2,000 |
| 11.2(1) | Holder of passenger service licence operating a large passenger service vehicle must ensure specified information is displayed on outside of vehicle | 2,000 | 10,000 | 400 | 2,000 |
| 11.2(6) | Holder of passenger service licence operating a large passenger service vehicle must ensure complaints register is maintained and specified requirements are complied with | 4,000 | 20,000 | 750 | 3,750 |
| 11.3(1) | Driver of a dial-a-driver service must carry and produce on demand specified information | 2,000 | 10,000 | 400 | 2,000 |
| 11.3(2) | Driver of a dial-a-driver service must hold, and wear, a readily visible current driver identification card | 2,000 | 10,000 | 400 | 2,000 |
| 11.3(7) | Holder of passenger service licence operating a dial-a-driver service must ensure driver's identification card is compliant and is worn by driver | 2,000 | 10,000 | 400 | 2,000 |
| 11.3(8) | Holder of passenger service licence operating a dial-a-driver service must ensure complaints register is maintained and specified requirements are complied with | 4,000 | 20,000 | 750 | 3,750 |
| Passenger Service Vehicles 1999 (31001): | |||||
| 10.1 | Responsibilities of operators | 500 | 500 | 370 | 370 |
| 10.2 | Responsibilities of repairers | 500 | 500 | 370 | 370 |
| 10.3 | Responsibilities of modifiers | 500 | 500 | 370 | 370 |
| 10.4 | Responsibilities of certifiers | 500 | 500 | 370 | 370 |
| 10.5 | Responsibilities of manufacturers and importers | 500 | 500 | 370 | 370 |
| Seatbelts and Seatbelt Anchorages 2002 (32011): | |||||
| 5.1 | Responsibilities of operators | 500 | 500 | 150 | 150 |
| 5.2 | Responsibilities of repairers | 500 | 500 | 370 | 370 |
| 5.3 | Responsibilities of modifiers | 500 | 500 | 370 | 370 |
| 5.4 | Responsibilities of inspectors and inspecting organisations | 500 | 500 | 370 | 370 |
| 5.5 | Responsibilities of manufacturers and retailers | 500 | 500 | 370 | 370 |
| Seats and Seat Anchorages 2002 (32004): | |||||
| 4.1 | Responsibilities of operators | 500 | 500 | 150 | 150 |
| 4.2 | Responsibilities of repairers | 500 | 500 | 370 | 370 |
| 4.3 | Responsibilities of modifiers | 500 | 500 | 370 | 370 |
| 4.4 | Responsibilities of inspectors and inspecting organisations | 500 | 500 | 370 | 370 |
| 4.5 | Responsibilities of manufacturers and retailers | 500 | 500 | 370 | 370 |
| Steering Systems 2001 (32003/1): | |||||
| 4.1 | Responsibilities of operators | 500 | 500 | 150 | 150 |
| 4.2 | Responsibilities of repairers | 500 | 500 | 370 | 370 |
| 4.3 | Responsibilities of modifiers | 500 | 500 | 370 | 370 |
| 4.4 | Responsibilities of certifiers | 500 | 500 | 370 | 370 |
| 4.5 | Responsibilities of manufacturers and retailers | 500 | 500 | 370 | 370 |
| Traffic Control Devices 2004 (54002): | |||||
| 13.3 | Responsibilities of operators of hand-held stop signs | 500 | 500 | 150 | 150 |
| 13.4 | Responsibilities of members of Boards of Trustees | 500 | 500 | 150 | 150 |
| 13.6A | Responsibilities of school bus operators | 500 | 500 | 150 | 150 |
| 13.7 | Responsibilities of all persons | 1,000 | 1,000 | 150 | 150 |
| Tyres and Wheels 2001 (32013):* | |||||
| 4.1 | Responsibilities of operators | 500 | 500 | 150 | 150 |
| 4.2 | Responsibilities of repairers | 500 | 500 | 370 | 370 |
| 4.3 | Responsibilities of modifiers | 500 | 500 | 370 | 370 |
| 4.4 | Responsibilities of certifiers | 500 | 500 | 370 | 370 |
| 4.5 | Responsibilities of manufacturers and retailers | 500 | 500 | 370 | 370 |
| Vehicle Dimensions and Mass 2002 (41001):** | |||||
| 8.1 | Responsibilities of operators | 1,000 | 1,000 | 370 | 370 |
| 8.2 | Responsibilities of modifiers | 1,000 | 1,000 | 370 | 370 |
| 8.3 | Responsibilities of inspectors and inspecting organisations | 1,000 | 1,000 | 370 | 370 |
| 8.4 | Responsibilities of manufacturers | 1,000 | 1,000 | 370 | 370 |
| Vehicle Equipment 2004 (32017): | |||||
| 4.1 | Responsibilities of operators | 500 | 500 | 150 | 150 |
| 4.2 | Responsibilities of repairers | 500 | 500 | 370 | 370 |
| 4.3 | Responsibilities of modifiers | 500 | 500 | 370 | 370 |
| 4.4 | Responsibilities of inspectors and inspecting organisations | 500 | 500 | 370 | 370 |
| 4.5 | Responsibilities of manufacturers and retailers | 500 | 500 | 370 | 370 |
| Vehicle Exhaust Emissions 2007(33001/2): | |||||
| 5.1 | Responsibilities of repairers and modifiers | 500 | 500 | 370 | 370 |
| 5.2 | Responsibilities of vehicle inspectors and inspecting organisations | 500 | 500 | 370 | 370 |
| Vehicle Lighting 2004 (32005): | |||||
| 13.1 | Responsibilities of operators | 500 | 500 | 150 | 150 |
| 13.2 | Responsibilities of repairers | 500 | 500 | 370 | 370 |
| 13.3 | Responsibilities of modifiers | 500 | 500 | 370 | 370 |
| 13.4 | Responsibilities of retrofitters | 500 | 500 | 370 | 370 |
| 13.5 | Responsibilities of inspectors and inspecting organisations | 500 | 500 | 370 | 370 |
| 13.6 | Responsibilities of manufacturers and retailers | 500 | 500 | 370 | 370 |
| Vehicle Repair 1998 (34001): | |||||
| 3.1 | Responsibilities of repairers | 500 | 500 | 370 | 370 |
| Vehicle Standards Compliance 2002 (35001/1). | |||||
| 2.1(2) | Responsibilities of inspectors and inspecting organisations | 500 | 500 | 370 | 370 |
| 2.2(2) | Responsibilities of inspectors and inspecting organisations | 500 | 500 | 370 | 370 |
| 6.3(6) | Responsibilities of manufacturers | 500 | 500 | 370 | 370 |
| 10.2(1) | Responsibilities of operators | 500 | 500 | 200 | 200 |
| 10.3 | Responsibilities of operators | 500 | 500 | 200 | 200 |
| 10.5 | Responsibilities of operators | 500 | 500 | 200 | 200 |
| 10.6 | Responsibilities of operators | 500 | 500 | 200 | 200 |
| 10.7 | Responsibilities of operators | 500 | 500 | 200 | 200 |
| 11.8(1) | Removal, erasure, or alteration of VIN, chassis number, or engine number | 1,000 | 1,000 | ||
| 11.8(3) | Affixing of VIN not assigned to vehicle | 1,000 | 1,000 | ||
| 11.8(4) | Selling vehicle required to have VIN without VIN or with VIN removed, erased, or altered | 1,000 | 1,000 | ||
| Work Time and Logbooks 2007 (62001) | |||||
| 1.3(2) | Driver must carry exemption document and produce without delay on demand by enforcement officer. | 1,000 | 5,000 | 200 | 1,000 |
| 2.1(4) | Taxi driver must not drive during rest break | 2,000 | 10,000 | 400 | 2,000 |
| 2.1(4) | Taxi driver must not display sign indicating taxi is available for hire during rest break | 1,000 | 5,000 | 200 | 1,000 |
| 2.2(16) | Employer of essential service driver to record details of variation | 1,000 | 5,000 | 200 | 1,000 |
| 2.2(17) | Record in 2.2(16) to be retained for 12 months and produced to an enforcement officer on demand | 1,000 | 5,000 | 200 | 1,000 |
| 2.4(2)(c) | Commanding officer or other person in command of driver must carry a copy of work time hours variation | 1,000 | 5,000 | 200 | 1,000 |
| 2.5(7) | Requirement to carry approved work time hours variation and produce it to an enforcement officer on demand | 1,000 | 5,000 | 200 | 1,000 |
| 2.5(8) | Driver working with work time hours variation must observe limits and conditions | 2,000 | 10,000 | 400 | 2,000 |
| 3.4(7) | Requirement to produce approved alternative record to an enforcement officer on demand | 2,000 | 10,000 | 500 | 2,000 |
| 4.2(1) | Requirement to offer proof that exemption applies | 1,000 | 5,000 | 200 | 1,000 |
| 4.5(2) | Vehicle recovery service vehicles (requirement to complete and retain tow authorities) | 2,000 | 10,000 | 500 | 2,000 |
| 4.5(6) | Requirement to carry and produce copy of routes and times allocation to an enforcement officer on demand | 1,000 | 5,000 | 200 | 1,000 |
| 4.7(4) | Requirement to carry and produce exemption notice to an enforcement officer on demand | 1,000 | 5,000 | 200 | 1,000 |
| 6.6(2) | Requirement on holder of alternative fatigue management system to maintain and retain records | 5,000 | 25,000 | 1,000 | 5,000 |
| 6.6(4) | Drivers and contractors to comply with requirements of alternative fatigue management scheme approval | 2,000 | 10,000 | 400 | 2,000 |
| 6.6(5) | Employed drivers and contractors to comply with operating limits and countermeasures of alternative fatigue management scheme | 2,000 | 10,000 | 400 | 2,000 |
| 6.6(6) | Drivers and contractors to keep records of alternative fatigue management scheme | 2,000 | 10,000 | 400 | 2,000 |
| 8.1(2) | Failure to comply with existing exemptions from logbook use or driving hours | 2,000 | 10,000 | 400 | 2,000 |
| * Does not apply if breach in respect of section 2.6(8) of the rule, as this is a matter covered by section 5.1(1) of the Land Transport (Road User) Rule 2004 (61001). | |||||
| **Does not apply if breach in respect of an overloading offence (see regulations 3(4) and 4(6)). | |||||
Schedule 1 Vehicle Exhaust Emissions 2006 (33001/1): revoked, on 3 January 2008, by regulation 4 of the Land Transport (Offences and Penalties) Amendment Regulations (No 3) 2007 (SR 2007/376).
Schedule 1 Vehicle Exhaust Emissions 2007 (33001/2): inserted, on 3 January 2008, by regulation 4 of the Land Transport (Offences and Penalties) Amendment Regulations (No 3) 2007 (SR 2007/376).
Schedule 1A |
Schedules 1A and 1B were inserted, as from 27 February 2005, by regulation 9 Land Transport (Offences and Penalties) Amendment Regulations 2004 (SR 2004/448).
Clause 5 was amended, as from 27 June 2005, by regulation 5 Land Transport (Offences and Penalties) Amendment Regulations (No 2) 2005 (SR 2005/137) by substituting the words “is to”
for the word “may”
.
| Individual axles (table 1) | |
|---|---|
| Offence | Penalty for that axle $ |
| If the axle weight recorded or calculated, reduced by the appropriate amount specified in clause 5 of this Schedule, exceeds the maximum permitted weight on the axle by— | |
| - not more than 500 kg | 150 |
| - more than 500 kg but not more than 1 000 kg | 350 |
| - more than 1 000 kg but not more than 1 500 kg | 600 |
| - more than 1 500 kg but not more than 2 000 kg | 900 |
| - more than 2 000 kg but not more than 2 500 kg | 1,250 |
| - more than 2 500 kg but not more than 3 000 kg | 1,700 |
| - more than 3 000 kg but not more than 3 500 kg | 2,250 |
| - more than 3 500 kg but not more than 4 000 kg | 2,900 |
| - more than 4 000 kg but not more than 4 500 kg | 3,650 |
| - more than 4 500 kg but not more than 5 000 kg | 4,550 |
| - more than 5 000 kg but not more than 5 500 kg | 5,600 |
| - more than 5 500 kg but not more than 6 000 kg | 6,850 |
| - more than 6 000 kg but not more than 6 500 kg | 8,300 |
| - more than 6 500 kg | 10,000 |
| Groups of 2 or more consecutive axles and all axles of vehicle or combination of vehicles (table 2) | |
|---|---|
| Offence | Penalty for sum of axle weights $ |
| If the total of the recorded or calculated weights on the axles, reduced by the appropriate amount specified in clause 5 of this Schedule, exceeds the maximum permitted weight by— | |
| - not more than 1 000 kg | 150 |
| - more than 1 000 kg but not more than 2 000 kg | 350 |
| - more than 2 000 kg but not more than 3 000 kg | 600 |
| - more than 3 000 kg but not more than 4 000 kg | 900 |
| - more than 4 000 kg but not more than 5 000 kg | 1,250 |
| - more than 5 000 kg but not more than 6 000 kg | 1,700 |
| - more than 6 000 kg but not more than 7 000 kg | 2,250 |
| - more than 7 000 kg but not more than 8 000 kg | 2,900 |
| - more than 8 000 kg but not more than 9 000 kg | 3,650 |
| - more than 9 000 kg but not more than 10 000 kg | 4,550 |
| - more than 10 000 kg but not more than 11 000 kg | 5,600 |
| - more than 11 000 kg but not more than 12 000 kg | 6,850 |
| - more than 12 000 kg but not more than 13 000 kg | 8,300 |
| - more than 13 000 kg | 10,000 |
For each axle the weight on which exceeds the maximum permitted weight for such an axle, the appropriate overloading infringement fee shown in table 1 is payable.
For each group of 2 or more consecutive axles of a vehicle or combination of vehicles the total of the weights of which exceeds the total of the weights permitted on a group of 2 or more consecutive axles with the recorded distance between the centres of the first and the last axle of the group, the appropriate overloading infringement fee shown in table 2 is payable.
For each vehicle the total of the axle weight of which exceeds the permitted total of axle weights for a vehicle with the recorded distance between the centres of the first and last axle of the vehicle, the appropriate overloading infringement fee shown in table 2 is payable.
For each combination of vehicles the total of the axle weight of which exceeds the permitted total of axle weights for a combination of vehicles with the recorded distance between the centre of the first axle of the first vehicle and the centre of the last axle of the last vehicle, the appropriate overloading infringement fee shown in table 2 is payable.
The axle weight recorded or calculated or, in the case of an offence referred to in table 2, the total of the recorded or calculated weights on the axles, is to be reduced by the following amounts:
(a) 0.3 tonnes on any front steering axles (excluding any axles on a trailer) for which the legal maximum weight does not exceed 11 tonnes:
(b) 0.5 tonnes for any weight recorded or calculated where the legal maximum weight does not exceed 11 tonnes, except in a case to which paragraph (a) applies:
(c) 1.0 tonne for any weight recorded or calculated where the legal maximum weights exceeds 11 tonnes but does not exceed 33 tonnes:
(d) 1.5 tonnes for any weight recorded or calculated where the legal maximum weight exceeds 33 tonnes but does not exceed 60 tonnes:
(e) 3.0 tonnes for any weight recorded or calculated where the legal maximum weight exceeds 60 tonnes.
Schedule 1B |
Schedules 1A and 1B were inserted, as from 27 February 2005, by regulation 9 Land Transport (Offences and Penalties) Amendment Regulations 2004 (SR 2004/448).
Clause 5 was amended, as from 27 June 2005, by regulation 6 Land Transport (Offences and Penalties) Amendment Regulations (No 2) 2005 (SR 2005/137) by substituting the words “is to”
for the word “may”
.
| Offence | Infringement fee $ |
|---|---|
| Any parking offence involving parking on a road in breach of a local authority bylaw, in excess of a period fixed by a meter or otherwise, where the excess time is— | |
| - not more than 30 minutes | 12* |
| - more than 30 minutes but not more than 1 hour | 15* |
| - more than 1 hour but not more than 2 hours | 21* |
| - more than 2 hours but not more than 4 hours | 30* |
| - more than 4 hours but not more than 6 hours | 42* |
| - more than 6 hours | 57* |
| Parked on a clearway | 60 |
| All other parking offences | 40 |
| *or such lesser amount as is fixed by the local authority |
| Offence | Infringement fee $ |
|---|---|
| Any speeding offence, where the speed exceeds the speed limit by— | |
| - not more than 10 km an hour | 30 |
| - more than 10 km an hour but not more than 15 km an hour | 80 |
| - more than 15 km an hour but not more than 20 km an hour | 120 |
| - more than 20 km an hour but not more than 25 km an hour | 170 |
| - more than 25 km an hour but not more than 30 km an hour | 230 |
| - more than 30 km an hour but not more than 35 km an hour | 300 |
| - more than 35 km an hour but not more than 40 km an hour | 400 |
| - more than 40 km an hour but not more than 45 km an hour | 510 |
| - more than 45 km an hour but not more than 50 km an hour | 630 |
| Individual axles (table 1) | |
|---|---|
| Offence | Infringement fee for that axle $ |
| If the axle weight recorded or calculated, reduced by the appropriate amount specified in clause 5 of this Part, exceeds the maximum permitted weight on the axle by— | |
| - not more than 500 kg | 150 |
| - more than 500 kg but not more than 1 000 kg | 350 |
| - more than 1 000 kg but not more than 1 500 kg | 600 |
| - more than 1 500 kg but not more than 2 000 kg | 900 |
| - more than 2 000 kg but not more than 2 500 kg | 1,250 |
| - more than 2 500 kg but not more than 3 000 kg | 1,700 |
| - more than 3 000 kg but not more than 3 500 kg | 2,250 |
| - more than 3 500 kg but not more than 4 000 kg | 2,900 |
| - more than 4 000 kg but not more than 4 500 kg | 3,650 |
| - more than 4 500 kg but not more than 5 000 kg | 4,550 |
| - more than 5 000 kg but not more than 5 500 kg | 5,600 |
| - more than 5 500 kg but not more than 6 000 kg | 6,850 |
| - more than 6 000 kg but not more than 6 500 kg | 8,300 |
| - more than 6 500 kg | 10,000 |
| Groups of 2 or more consecutive axles and all axles of vehicle or combination of vehicles (table 2) | |
|---|---|
| Offence | Infringement fee for sum of axle weights $ |
| If the total of the recorded or calculated weights on the axles, reduced by the appropriate amount specified in clause 5 of this Part, exceeds the maximum permitted weight by— | |
| - not more than 1 000 kg | 150 |
| - more than 1 000 kg but not more than 2 000 kg | 350 |
| - more than 2 000 kg but not more than 3 000 kg | 600 |
| - more than 3 000 kg but not more than 4 000 kg | 900 |
| - more than 4 000 kg but not more than 5 000 kg | 1,250 |
| - more than 5 000 kg but not more than 6 000 kg | 1,700 |
| - more than 6 000 kg but not more than 7 000 kg | 2,250 |
| - more than 7 000 kg but not more than 8 000 kg | 2,900 |
| - more than 8 000 kg but not more than 9 000 kg | 3,650 |
| - more than 9 000 kg but not more than 10 000 kg | 4,550 |
| - more than 10 000 kg but not more than 11 000 kg | 5,600 |
| - more than 11 000 kg but not more than 12 000 kg | 6,850 |
| - more than 12 000 kg but not more than 13 000 kg | 8,300 |
| - more than 13 000 kg | 10,000 |
For each axle the weight on which exceeds the maximum permitted weight for such an axle, the appropriate overloading infringement fee shown in table 1 is payable.
For each group of 2 or more consecutive axles of a vehicle or combination of vehicles the total of the weights of which exceeds the total of the weights permitted on a group of 2 or more consecutive axles with the recorded distance between the centres of the first and the last axle of the group, the appropriate overloading infringement fee shown in table 2 is payable.
For each vehicle the total of the axle weight of which exceeds the permitted total of axle weights for a vehicle with the recorded distance between the centres of the first and last axle of the vehicle, the appropriate overloading infringement fee shown in table 2 is payable.
For each combination of vehicles the total of the axle weight of which exceeds the permitted total of axle weights for a combination of vehicles with the recorded distance between the centre of the first axle of the first vehicle and the centre of the last axle of the last vehicle, the appropriate overloading infringement fee shown in table 2 is payable.
The axle weight recorded or calculated or, in the case of an offence referred to in table 2, the total of the recorded or calculated weights on the axles, is to be reduced by the following amounts:
(a) 0.3 tonnes on any front steering axles (excluding any axles on a trailer) for which the legal maximum weight does not exceed 11 tonnes:
(b) 0.5 tonnes for any weight recorded or calculated where the legal maximum weight does not exceed 11 tonnes, except in a case to which paragraph (a) applies:
(c) 1.0 tonne for any weight recorded or calculated where the legal maximum weights exceeds 11 tonnes but does not exceed 33 tonnes:
(d) 1.5 tonnes for any weight recorded or calculated where the legal maximum weight exceeds 33 tonnes but does not exceed 60 tonnes:
(e) 3.0 tonnes for any weight recorded or calculated where the legal maximum weight exceeds 60 tonnes.
Schedule 2 | Reg 6 |
| Enactment | Section or Regulation | General Description of Offence | Number of Demerit Points | |
|---|---|---|---|---|
| 1. | The Land Transport Act 1998 | 31(1)(b) | Drives a motor vehicle contrary to the conditions of his or her driver licence | 25 |
| 37(1) | Careless or inconsiderate use of motor vehicle | 35 | ||
| 52(1)(c) | Failure to stop on request or signal of an enforcement officer, or on being followed by motor vehicle displaying flashing blue, or blue and red, lights or sounding a siren, as required by section 114 of the Land Transport Act 1998 | 35 | ||
| 52(1)(c) | Failure to remain stopped for an enforcement officer, as required under section 114 of the Land Transport Act 1998 | 35 | ||
| 52(1)(c) | Driving or attempting to drive when forbidden by an enforcement officer under section 121 of the Land Transport Act 1998 | 35 | ||
| 57(1) or (2) | Person younger than 20 driving or attempting to drive with excessive breath-alcohol or blood-alcohol concentration | 50 | ||
| 59(1) | Failure or refusal— | |||
| (a) To wait for the result of a breath screening test or an evidential breath test | 50 | |||
| (b) To accompany an enforcement officer when so required | 50 | |||
| (c) To remain for evidential breath test or blood test | 50 | |||
| 79R | Person produces logbook with 1-5 omissions | 10 | ||
| 79R | Person produces logbook with 6-10 omissions | 20 | ||
| 79R | Person produces logbook with 11 or more omissions | 30 | ||
| 79R | Person fails to produce logbook | 35 | ||
| 2 | Land Transport (Road User) Rule 2004 (61001) | 2.1(1) | Fail to drive as near as practicable to the left of the roadway | 20 |
| 2.1(2) | Fail to allow impeded traffic to pass | 20 | ||
| 2.6(1) | Unsafe passing | 35 | ||
| 2.6(3) | Impeding vehicle when passing | 35 | ||
| 2.9 | Passing to right of no-passing line | 35 | ||
| 2.1 | Passing at school crossing point or pedestrian crossing | 20 | ||
| 2.12(3) | Drive in emergency stopping lane | 10 | ||
| 3.8(2) | Fail to comply with handheld stop sign | 20 | ||
| 4 | Fail to comply with school patrol sign | 20 | ||
| 4.1(1)(a) | Driver fails to stop at stop sign | 20 | ||
| 4.1(1)(b) | Driver fails to give way at stop sign | 20 | ||
| 4.1(2) | Driver fails to give way at give-way sign | 20 | ||
| 4.2(2) | Driver of vehicle changing lanes or turning fails to give way to vehicle not changing lanes or turning | 20 | ||
| 2.2(2A) | Driver of left-turning vehicle fails to give way to an approaching right-turning vehicle | 20 | ||
| 4.2(3) | Driver at intersection fails to give-way to vehicle approaching from right | 20 | ||
| 4 | Driver fails to give way to road user on footpath when entering/exiting driveway | 20 | ||
| 4.6(1) | Driver entering roundabout fails to give way | 20 | ||
| 5.9(1) | Exceed speed for stopping distance | 20 | ||
| 5.9(2) | Exceed speed for stopping distance on road not marked in lanes | 20 | ||
| 5.9(3) | Drive too close to vehicle in front | 20 | ||
| . . . | ||||
| . . . | ||||
| . . . | ||||
| 7.1(2) | Driver permits riding dangerously | 20 | ||
| 7.4(1) | Operate vehicle that creates excessive noise | 25 | ||
| 7.4(2) | Create excessive noise within or on vehicle | 25 | ||
| 7.12(1) | Drive or ride all terrain vehicle, motorcycle, or moped without securely fastened approved helmet | 25 | ||
| 7.12(7) | Drive or ride all terrain vehicle, motorcycle, or moped with damaged, etc, safety helmet | 25 | ||
| 9.1(2) | Driver fails to give way to rail vehicle approaching level crossing | 20 | ||
| 9.1(4) | Drive etc, cycle, vehicle, or animal across level crossing when risk of collision with rail vehicle | 20 | ||
| 9.2(1)(a) | Fail to comply with stop sign at level crossing | 20 | ||
| 9.2(1)(b) | Fail to remain stationary at stop sign until level crossing clear | 20 | ||
| 9.2(3) | Driver enters controlled area of level crossing when red signal displayed | 20 | ||
| 9.2(4) | Driver enters controlled area of level crossing when barrier arm lowered | 20 | ||
| 10.1(1) | Driver fails to give way at pedestrian crossing | 35 | ||
| 10.1(2) | Driver enters pedestrian crossing when passage blocked | 35 | ||
| 10.2(1) | Driver of vehicle fails to give way to pedestrian on shared zone | 35 | ||
| 3 | Land Transport Rule: Work Time and Logbooks 2007 (62001) | 3.4(7) | Requirement to produce approved alternative record to an enforcement officer on demand | 35 |
| 4.5(2) | Vehicle recovery service vehicles (requirement to complete and retain tow authorities) | 35 | ||
| 6.6(6) | Requirement on driver or contractor working within an alternative fatigue management scheme to keep records | 35 | ||
Schedule 2 Part 1 Land Transport Act 1998: amended, on 1 October 2007, by regulation 8(1) of the Land Transport (Offences and Penalties) Amendment Regulations (No 2) 2007 (SR 2007/265).
Schedule 2 Part 1 Land Transport (Road User) Rule 2004 (61001): amended, on 26 June 2008, by regulation 5(1) of the Land Transport (Offences and Penalties) Amendment Regulations 2008 (SR 2008/132).
Schedule 2 Part 1 Land Transport (Road User) Rule 2004 (61001): amended, on 26 June 2008, by regulation 5(2) of the Land Transport (Offences and Penalties) Amendment Regulations 2008 (SR 2008/132).
Schedule 2 Part 1 Land Transport (Road User) Rule 2004 (61001): amended, on 1 October 2007, by regulation 8(2) of the Land Transport (Offences and Penalties) Amendment Regulations (No 2) 2007 (SR 2007/265).
Schedule 2 Part 1 Land Transport (Road User) Rule 2004 (61001): amended, on 1 October 2007, by regulation 8(3) of the Land Transport (Offences and Penalties) Amendment Regulations (No 2) 2007 (SR 2007/265).
Schedule 2 Part 1 Work Time and Logbooks 2007 (62001): added, on 1 October 2007, by regulation 8(4) of the Land Transport (Offences and Penalties) Amendment Regulations (No 2) 2007 (SR 2007/265).
Item 2 of Schedule 2 was substituted, as from 27 February 2005, by regulation 10 Land Transport (Offences and Penalties) Amendment Regulations 2004 (SR 2004/448).
Item 2 of Schedule 2 was amended, as from 11 March 2005, by regulation 3 Land Transport (Offences and Penalties) Amendment Regulations 2005 (SR 2005/56) by revoking, in the second column, items 6.5(1), 6.5(2)(a), and 6.5(2)(b).
Items 7.4(1) and 7.4(2) were inserted, as from 16 January 2006, by section 95(9) Land Transport Amendment Act 2005 (2005 No 77). See sections 96 to 100 of that Act as to the transitional and savings provisions.
| Speeding Offences | Number of Demerit Points | |
|---|---|---|
| 1. | Speeding offence in which the speed limit fixed is exceeded by not more than 10 km/h | 10 |
| 2. | Speeding offence in which the speed limit fixed is exceeded by more than 10 km/h but not more than 20 km/h | 20 |
| 3 | Speeding offence in which the speed limit fixed is exceeded by more than 20 km/h but not more than 30 km/h | 35 |
| 4 | Speeding offence in which the speed limit fixed is exceeded by more than 30 km/h but not more than 35 km/h | 40 |
| 5 | Speeding offence in which the speed limit fixed is exceeded by more than 35 km/h | 50 |
Schedule 3 | Reg 7 |
Notice No: ........................... (Issued under section 95 of the Land Transport Act 1998 (the Act)) PART 1 Driver's name (First names) (Family name) Address: DOB: .... / .... / .... Occupation: ............................................................ Dlic No: ................................... Time: ......................................... Date: .... / .... / .... Street: ......................................................... Location: .......................................................................... YOUR DRIVER LICENCE IS SUSPENDED FOR 28 DAYS EFFECTIVE IMMEDIATELY 1. This action has been taken because I believe on reasonable grounds that: (Tick appropriate box) (a) You have undergone an evidential breath test under the Act and your breath alcohol concentration was found to exceed 800 micrograms of alcohol per litre of breath; or (b) You have undergone a blood test under the Act and your blood alcohol concentration was found to exceed 160 milligrams of alcohol per 100 millilitres of blood; or (c) You failed or refused to undergo a blood test after having been required or requested to do so under section 72 or section 73 of the Act; or (d) You drove a motor vehicle on a road at a speed exceeding the applicable speed limit by more than 50 km/h (which speed was detected by a means other than approved vehicle surveillance equipment). 2. You are required to immediately surrender your driver licence to me. It will be forwarded to the New Zealand Transport Agency. 2A. If a blood sample has been taken, the suspension will cease to have effect when you are notified of the result of the blood test, but only if— the blood test shows that you had a blood alcohol concentration of, or less than, 160 milligrams of alcohol per 100 millilitres of blood; and the result of the blood test is notified to you before the close of the 28-day suspension period. 3. If you drive while your driver licence is suspended, you commit an offence which, if it is your first or second offence against section 32(1) of the Act, carries a maximum penalty of imprisonment for a term not exceeding 3 months or a fine not exceeding $4,500 and, in general, a minimum period of disqualification from holding or obtaining a driver licence for 6 months. If the offence is your third or subsequent offence against section 32(1) of the Act (or a corresponding provision under certain earlier enactments), it carries a maximum period of imprisonment for a term not exceeding 2 years or a fine not exceeding $6,000 and, in general, a minimum period of disqualification from holding or obtaining a driver licence for 12 months. In addition, if you are stopped by an enforcement officer, the vehicle you are driving at the time will be impounded for 28 days. Enforcement officer ID: ......................................Station: ................................................................ An outline of your rights of appeal under sections 101 and 109 of the Act is printed on the reverse of this page.
| PART 2 |
OUTLINE OF YOUR RIGHTS OF APPEAL AGAINST THE MANDATORY SUSPENSION OF YOUR DRIVER LICENCE
WHAT ARE MY APPEAL RIGHTS?
1. In the first instance you may appeal to the New Zealand Transport Agency and, if that appeal is unsuccessful, to the District Court. These appeal rights are set out in full in sections 101 and 109 of the Act.
WHAT ARE THE GROUNDS FOR APPEAL?
2. The grounds for appeal are that—
(a) The person whose driver licence was suspended was not the driver of the vehicle at the time of the act or omission that gave rise to the suspension; or
(b) The enforcement officer who suspended your driver licence did not believe on reasonable grounds that—
(i) You had undergone an evidential breath test under the Act and your breath-alcohol concentration was found to exceed 650 micrograms of alcohol per litre of breath; or
(ii) You had undergone a blood test under the Act and your blood-alcohol concentration was found to exceed 130 milligrams of alcohol per 100 millilitres of blood; or
(iii) You failed or refused to undergo a blood test after having been required or requested to do so under section 72 or section 73 of the Act; or
(iv) You drove a motor vehicle on a road at a speed exceeding the applicable permanent posted speed limit by more than 40 km an hour (which speed was detected by a means other than approved vehicle surveillance equipment); or
(v) you have been convicted of a previous offence against any of sections 56(1) or (2), 58(1), 60(1), or 61(1) or (2) of the Act within the last 4 years, and you have undergone an evidential breath test under the Act and your breath alcohol concentration was found to exceed 400 micrograms of alcohol per litre of breath; or
(vi) you have been convicted of a previous offence against any of sections 56(1) or (2), 58(1), 60(1), or 61(1) or (2) of the Act within the last 4 years, and you have undergone an evidential blood test under the Act and your blood alcohol concentration was found to exceed 80 milligrams of alcohol per 100 millilitres of blood; or
(vii) you drove a motor vehicle on a road at a speed exceeding the applicable speed limit by more than 50 km/h (which speed was detected by means other than approved vehicle surveillance equipment); or
(c) The enforcement officer who suspended your driver licence did not give you a notice that complied with section 95(2) of the Act.
HOW DO I LODGE AN APPEAL?
3. If you believe you have grounds for appealing against the suspension of your driver licence, you should contact the New Zealand Transport Agency by either calling the New Zealand Transport Agency help desk on free-phone [Here specify the applicable telephone number] (in which case the appeal documents will be posted to you), or by obtaining the appeal documents from a New Zealand Transport Agency Regional office. The appeal must be in writing and set out in a statutory declaration. It must clearly state the grounds for the appeal. The declaration must be taken in front of someone entitled to take statutory declarations.
WHO WILL DETERMINE MY APPEAL?
4. The initial appeal against the 28 day suspension of your driver licence will be determined by an employee of the New Zealand Transport Agency.
IS THERE A TIME LIMIT WITHIN WHICH AN APPEAL MUST BE DETERMINED?
5. The employee of the New Zealand Transport Agency who determines your appeal has 5 working days after an appeal has been lodged to either allow the appeal and remove the suspension or dismiss the appeal. You will be advised of the outcome of your appeal.
RESULTS OF APPEAL TO New Zealand Transport Agency
6. The employee of the New Zealand Transport Agency who determines your appeal will either allow the appeal or dismiss it. He or she may refuse to consider your appeal if satisfied that the appeal is frivolous or vexatious, or that you have provided insufficient information. If your appeal is not dismissed on these grounds, the person considering your appeal will allow it if satisfied that 1 of the grounds listed in paragraph 2 above is established. If he or she is not satisfied that one of the grounds listed in paragraph 2 is established, the appeal will be dismissed.
APPEAL TO DISTRICT COURT
7. If your appeal is dismissed, you may appeal to the District Court where a District Court Judge will decide whether or not your appeal should be allowed. An appeal to a District Court must be made not later than 28 days after the date on which you were notified of the decision appealed against, or within such further period as the Court may allow. Requirements about the way in which the appeal is to be made and determined are specified in section 111 of the Act. The District Court must determine the appeal only on the grounds specified in the Act.
RETURN OF LICENCE
8. If your appeal is allowed, or if before the suspension of your drivers licence ceases to have effect the Police finally decide not to take proceedings against you, or if proceedings have been taken and you are acquitted, the suspension will immediately cease to have effect. In these circumstances your licence will be returned to you at your last known place of residence or business or postal address, or held at the office of the New Zealand Transport Agency nominated by you in the statutory declaration that must accompany your appeal.
9. If paragraph 8 does not apply you should contact a licensing agent appointed by the Agency after the expiry of the period of suspension of your driver licence.
WHERE CAN I GET FURTHER INFORMATION?
10. You can obtain further information by contacting LTNZ either by calling the help desk free-phone [Here insert the applicable phone number], or at one of their regional offices listed below.
Land Transport Authority Regional Offices:
Auckland [Here insert the postal address of the Regional Office]
Hamilton [Here insert the postal address of the Regional Office]
Napier [Here insert the postal address of the Regional Office]
Palmerston North [Here insert the postal address of the Regional Office]
Wellington [Here insert the postal address of the Regional Office]
Christchurch [Here insert the postal address of the Regional Office]
Dunedin [Here insert the postal address of the Regional Office]
Clause 1(a) in Part 1 was amended, as from 16 January 2006, by section 95(9) Land Transport Amendment Act 2005 (2005 No 77) by substituting the expression “650”
for the expression “800”
See sections 96 to 100 of that Act as to the transitional and savings provisions.
Clause 1(b) in Part 1 was amended, as from 16 January 2006, by section 95(9) Land Transport Amendment Act 2005 (2005 No 77) by substituting the expression “130”
for the expression “160”
See sections 96 to 100 of that Act as to the transitional and savings provisions.
Clause 1(d) in Part 1 was amended, as from 16 January 2006, by section 95(9) Land Transport Amendment Act 2005 (2005 No 77) by inserting the words “permanent posted”
after the word “applicable”
See sections 96 to 100 of that Act as to the transitional and savings provisions.
Clause 1(d) in Part 1 was amended, as from 16 January 2006, by section 95(9) Land Transport Amendment Act 2005 (2005 No 77) by substituting the expression “40”
for the expression “50”
See sections 96 to 100 of that Act as to the transitional and savings provisions.
Clause 1(d) in Part 1 was amended, as from 16 January 2006, by section 95(9) Land Transport Amendment Act 2005 (2005 No 77) by adding the expression “; or”
See sections 96 to 100 of that Act as to the transitional and savings provisions.
Clause 1(e) to (g) in Part 1 were inserted, as from 16 January 2006, by section 95(9) Land Transport Amendment Act 2005 (2005 No 77). See sections 96 to 100 of that Act as to the transitional and savings provisions.
Schedule 3 Part 1 clause 2: amended, on 1 August 2008, by section 50(2) of the Land Transport Management Amendment Act 2008 (2008 No 47).
Clause 2 in Part 1 was amended, as from 1 December 2004, by section 19(2) Land Transport Management Amendment Act 2004 (2004 No 97) by substituting the words “Land Transport New Zealand”
for the words “the Land Transport Safety Authority”
. See sections 20 to 22 of that Act as to the savings and transitional provisions.
Clause 2A in Part 1 was inserted, as from 29 December 2001, by section 14(5) Land Transport (Road Safety Enforcement) Amendment Act 2001 (2001 No 104).
Clause 2A in Part 1 was amended, as from 16 January 2006, by section 95(9) Land Transport Amendment Act 2005 (2005 No 77) by inserting in the first bullet point the words “or, if you have been convicted of 1 or more previous offences against any of sections 56(1) or (2), 58(1), 60(1), or 61(1) or (2) of the Act in the last 4 years, 80 milligrams of alcohol per 100 millilitres of blood”
after the words “of blood”
See sections 96 to 100 of that Act as to the transitional and savings provisions.
Schedule 3 Part 2 clause 1: amended, on 1 August 2008, by section 50(2) of the Land Transport Management Amendment Act 2008 (2008 No 47).
Clause 1 in Part 2 was amended, as from 1 December 2004, by section 19(2) Land Transport Management Amendment Act 2004 (2004 No 97) by substituting the words “Land Transport New Zealand”
for the words “the Land Transport Safety Authority”
. See sections 20 to 22 of that Act as to the savings and transitional provisions.
Clause 1 in Part 2 was amended, as from 1 December 2004, by section 19(2) Land Transport Management Amendment Act 2004 (2004 No 97) by substituting the word “LTNZ”
for the word “LTSA”
wherever it appears. See sections 20 to 22 of that Act as to the savings and transitional provisions.
Clause 2(b)(i) in Part 2 was amended, as from 16 January 2006, by section 95(9) Land Transport Amendment Act 2005 (2005 No 77) by substituting the expression “650”
for the expression “800”
See sections 96 to 100 of that Act as to the transitional and savings provisions.
Clause 2(b)(ii) in Part 2 was amended, as from 16 January 2006, by section 95(9) Land Transport Amendment Act 2005 (2005 No 77) by substituting the expression “130”
for the expression “160”
See sections 96 to 100 of that Act as to the transitional and savings provisions.
Clause 2(b)(iii) in Part 2 was amended, as from 16 January 2006, by section 95(9) Land Transport Amendment Act 2005 (2005 No 77) by substituting the words “or section”
for the words “of section”
See sections 96 to 100 of that Act as to the transitional and savings provisions.
Clause 2(b)(iv) in Part 2 was amended, as from 16 January 2006, by section 95(9) Land Transport Amendment Act 2005 (2005 No 77) by inserting the words “permanent posted”
after the word “applicable”
See sections 96 to 100 of that Act as to the transitional and savings provisions.
Clause 2(b)(iv) in Part 2 was amended, as from 16 January 2006, by section 95(9) Land Transport Amendment Act 2005 (2005 No 77) by substituting the expression “40”
for the expression “50”
See sections 96 to 100 of that Act as to the transitional and savings provisions.
Clause 2(b)(v) to (vii) in Part 2 were inserted, as from 16 January 2006, by section 95(9) Land Transport Amendment Act 2005 (2005 No 77) See sections 96 to 100 of that Act as to the transitional and savings provisions.
Schedule 3 Part 2 clause 3: amended, on 1 August 2008, by section 50(2) of the Land Transport Management Amendment Act 2008 (2008 No 47).
Schedule 3 Part 2 clause 4: amended, on 1 August 2008, by section 50(2) of the Land Transport Management Amendment Act 2008 (2008 No 47).
Schedule 3 Part 2 clause 5: amended, on 1 August 2008, by section 50(2) of the Land Transport Management Amendment Act 2008 (2008 No 47).
Schedule 3 Part 2 clause 6 heading: amended, on 1 August 2008, by section 50(2) of the Land Transport Management Amendment Act 2008 (2008 No 47).
Schedule 3 Part 2 clause 6: amended, on 1 August 2008, by section 50(2) of the Land Transport Management Amendment Act 2008 (2008 No 47).
Schedule 3 Part 2 clause 8: amended, on 1 August 2008, by section 50(2) of the Land Transport Management Amendment Act 2008 (2008 No 47).
Schedule 3 Part 2 clause 9: amended, on 1 August 2008, by section 50(2) of the Land Transport Management Amendment Act 2008 (2008 No 47).
Clauses 3, 4, 5, 6, 8, and 10 in Part 2 were amended, as from 1 December 2004, by section 19(2) Land Transport Management Amendment Act 2004 (2004 No 97) by substituting the word “LTNZ”
for the word “LTSA”
wherever it appears. See sections 20 to 22 of that Act as to the savings and transitional provisions.
Clause 10 in Part 2 was amended, as from 1 December 2004, by section 19(2) Land Transport Management Amendment Act 2004 (2004 No 97) by omitting the word “Safety”
. See sections 20 to 22 of that Act as to the savings and transitional provisions.
Schedule 4 | Reg 8 |
Notice No: .............................. (Issued under section 96 of the Land Transport Act 1998 (the Act)) PART 1 Driver's name: (First names) (Family name) Address: DOB: .... / .... / .... Occupation: .................................. Dlic No: ......................................................... Owner's name: Address: Time of seizure: ........................... Date: .... / .... / .... Street: ................................. Location: .................................................................................................. Time of offence: ........................... Date: .... / .... / .... ADVICE TO DRIVER OR OPERATOR I am required to seize and impound, or seize and authorise the impoundment of, the motor vehicle described below for 28 days because I believe, on reasonable grounds, that you drove the vehicle on a road while— (Tick appropriate box) (a) You were disqualified from holding or obtaining a driver licence authorising you to drive that vehicle; or (b) Your driver licence was for the time being suspended or was revoked; or (c) You did not hold a driver licence and you were previously forbidden to drive on .... / .... / .... because you were unlicensed or your driver licence had expired. OR I am seizing and impounding, or seizing and authorising the impoundment of, the motor vehicle described below for 28 days because I believe, on reasonable grounds, that— (Tick appropriate box) (a) you operated that vehicle in a race, or in an unnecessary exhibition of speed or acceleration, on a road in contravention of section 22A(1) of the Act; or (b) without reasonable excuse, you operated that vehicle on a road in a manner that caused the vehicle to undergo sustained loss of traction in contravention of section 22A(3) of the Act. THE VEHICLE DRIVEN OR OPERATED BY YOU Reg No or VIN: ............................... Make: ............................................................... Year: ................. IS SEIZED AND IMPOUNDED FOR 28 DAYS. It is to be impounded at: Enforcement officer ID: ............................................ Station: ............................................................. An outline of rights (including an outline of the rights of appeal given to the owner of an impounded vehicle under sections 102 and 110 of the Act) is printed on the reverse of this page.
Part 1 was amended, as from 2 May 2003, by section 11 Land Transport (Unauthorised Street and Drag Racing) Amendment Act 2003 (2003 No 11).
Paragraph (c) in Part 1 was amended, as from 16 January 2006, by section 95(9) Land Transport Amendment Act 2005 (2005 No 77) by adding the word “; or”
. See sections 96 to 100 of that Act as to the transitional and savings provisions.
Paragraphs (d) and (e) in Part 1 were inserted, as from 16 January 2006, by section 95(9) Land Transport Amendment Act 2005 (2005 No 77). See sections 96 to 100 of that Act as to the transitional and savings provisions.
Paragraph (e) in Part 1 was amended, as from 16 January 2006, by regulation 3 Land Transport (Offences and Penalties) Amendment Regulations (No 3) 2005 (SR 2005/335) by adding the words “, and you have been convicted of 2 or more offences against any of sections 56(1) or (2), 58(1), 60(1), or 61(1) or (2) of the Act within the last 4 years”
.
Part 1 was amended, as from 16 January 2006, by section 95(9) Land Transport Amendment Act 2005 (2005 No 77) by adding the words beginning “If a blood sample has been taken”
. See sections 96 to 100 of that Act as to the transitional and savings provisions.
| PART 2 |
| OUTLINE OF RIGHTS RELATING TO THE IMPOUNDMENT OF THE VEHICLE REFERRED TO IN THIS NOTICE |
WHAT ABOUT PERSONAL PROPERTY IN THE VEHICLE?
1. Any personal property (other than property attached to or used in connection with the operation of the vehicle) will be released on request to any person who produces satisfactory evidence that he or she was lawfully entitled to possession of the vehicle or personal property immediately before the vehicle was moved. If the vehicle was carrying goods at the time of seizure and impoundment, they will be released to any person acting on behalf of the owner of the goods if the person produces satisfactory evidence of the owner's consent to the release.
WILL MY TRAILER BE IMPOUNDED?
2. Trailers and any other vehicle without motive power that is being towed by or is attached to a motor vehicle at the time of seizure and impoundment will not be seized or impounded.
WHAT ARE MY APPEAL RIGHTS?
3. If you are the owner of the motor vehicle which has been seized and impounded, you may appeal against the seizure and impoundment of the vehicle. In the first instance you may appeal to the Police and, if that appeal is unsuccessful, to the District Court. These appeal rights are set out in full in sections 102 and 110 of the Act.
WHAT ARE THE GROUNDS FOR APPEAL?
4. The grounds for appeal are that—
(a) The impounded vehicle was a stolen or converted vehicle at the time of the seizure and impoundment; or
(b) The enforcement officer who seized the vehicle did not believe on reasonable grounds that at the time of driving or operating the vehicle on a road—
(i) The driver was disqualified from holding or obtaining a driver licence authorising the driver to drive that vehicle; or
(ii) The driver's driver licence was suspended or was revoked; or
(iii) The driver did not hold a driver licence and was previously forbidden to drive because he or she was an unlicensed driver or his or her driver licence had expired; or
(iv) if section 96(1A) of the Act applies, the operator operated the motor vehicle in a race, or in an unnecessary exhibition of speed or acceleration, in contravention of section 22A(1) of the Act; or
(v) if section 96(1A) of the Act applies, the operator operated the motor vehicle without reasonable excuse in a manner that caused the vehicle to undergo sustained loss of traction in contravention of section 22A(3) of the Act; or
(vi) the driver—
(A) had a breath alcohol concentration exceeding 400 micrograms of alcohol per litre of breath or a blood alcohol concentration exceeding 80 milligrams per 100 millilitres of blood; and
(c) The enforcement officer who seized the vehicle did not comply with the notice requirements set out in section 96(2) of the Act; or
(d) The owner did not know and could not reasonably have been expected to know that the driver was not permitted to drive; or
(e) The owner took all reasonable steps to prevent the driver from driving the vehicle; or
(f) The driver drove the vehicle in a serious medical emergency (including carrying a person who was about to give birth to a child); or
(g) if section 96(1A) of the Act applies, the owner did not know and could not reasonably be expected to know that the operator of the vehicle would contravene section 22A(1) or (3) of the Act (whichever applies); or
(h) if section 96(1A) of the Act applies, the owner took all reasonable steps to prevent the operator of the vehicle from contravening section 22A(1) or (3) of the Act (whichever applies).
Clause 4(b) in Part 2 of the form was amended, as from 2 May 2003, by regulation 3(1) Land Transport (Offences and Penalties) Amendment Regulations 2003 (SR 2003/82) by inserting the words “or operating”
after the words “at the time of driving”
.
Clause 4(b)(iv) and 4(b)(v) in Part 2 of the form was inserted, as from 2 May 2003, by regulation 3(2) Land Transport (Offences and Penalties) Amendment Regulations 2003 (SR 2003/82).
Clause 4(b)(vi) in Part 2 of the form was inserted, as from 16 January 2006, by section 95(9) Land Transport Amendment Act 2005 (2005 No 77). See sections 96 to 100 of that Act as to the transitional and savings provisions.
Part 2, Clause 4(f) of the form was amended, as from 2 May 2003, by section 11 Land Transport (Unauthorised Street and Drag Racing) Amendment Act 2003 (2003 No 11) by adding the word “or”
.
Part 2, Clause 4(g) and 4(h) of the form was inserted, as from 2 May 2003, by section 11 Land Transport (Unauthorised Street and Drag Racing) Amendment Act 2003 (2003 No 11).
HOW DO I LODGE AN APPEAL?
5. If you believe you have grounds for appealing against the impoundment of the vehicle, you should go to the Police Station nearest to where the vehicle was impounded and pick up a copy of the appeal documents. The appeal must be in writing and set out in a statutory declaration. It must clearly state the grounds for the appeal. The declaration must be taken in front of someone entitled to take statutory declarations.
WHO WILL DETERMINE YOUR APPEAL?
6. The initial appeal against the impoundment of a vehicle will be determined by an enforcement officer.
IS THERE A TIME LIMIT WITHIN WHICH AN APPEAL MUST BE DETERMINED?
7. The officer who determines your appeal must do so as soon as reasonably practicable and not later than 2 working days after the day of lodgement in the case of an appeal lodged on the ground that the impounded vehicle was a stolen or converted vehicle at the time of seizure and impoundment, and not later than 5 working days after the day of lodgement in any other case.
RESULTS OF APPEAL TO POLICE
8. The officer who determines your appeal will either allow the appeal or dismiss it. He or she may refuse to consider your appeal if satisfied that the appeal is frivolous or vexatious, or that you have provided insufficient information. If your appeal is not dismissed on these grounds, the officer who considers it will allow it if satisfied that one of the grounds listed in paragraph 4 above is established. If he or she is not satisfied that one of the grounds listed in paragraph 4 is established, the appeal will be dismissed.
APPEAL TO DISTRICT COURT
9. If your appeal is dismissed, you may appeal to the District Court where a District Court Judge will decide whether or not your appeal should be allowed. An appeal to a District Court must be made not later than 28 days after the date on which you were notified of the decision appealed against, or within such further period as the Court may allow. Requirements about the way in which the appeal is to be made and determined are specified in section 111 of the Act. The District Court must determine the appeal only on the grounds specified in the Act.
TOWAGE AND STORAGE FEES
10. The fees for towage and storage are set out in regulations. You can obtain a copy of the fees from your nearest Police Station.
HOW DO I GO ABOUT PAYING THE FEES?
11. If you are liable to pay fees for towage or storage, the law, in general, requires you to pay the fees in full or enter into an arrangement with the storage provider to pay the outstanding fees over time. You can arrange to pay some or all of the fees during the period of the impoundment.
RELEASE OF VEHICLE
12. The storage provider must release the impounded vehicle to the owner or a person authorised by the owner if your appeal is successful. The storage provider must release the impounded vehicle to the owner if the Police finally decide not to take proceedings against the person who drove the vehicle or operated the vehicle, or if proceedings have been taken and the person is acquitted. The Act specifies other circumstances in which an impounded vehicle may be released before the close of the 28-day impoundment period. The storage provider must release the impounded vehicle to the registered owner of the vehicle, or a person authorised by the registered owner, on or after the close of the 28-day impoundment period if the owner or authorised person—
(a) Shows proof of identity and either proof of ownership of the vehicle or the owner's copy of this notice; and
(b) Pays the towage and storage fees and charges or enters into an arrangement with the storage provider to pay those fees and charges. (Note that a registered owner may enter into an arrangement only with the agreement of the person with whom the arrangement is entered into.)
Clause 12 in Part 2 of the form was amended, as from 2 May 2003, by section 11 Land Transport (Unauthorised Street and Drag Racing) Amendment Act 2003 (2003 No 11) by inserting the words “or operated the vehicle”
.
VEHICLE MAY BE SOLD BY STORAGE PROVIDER
13. The storage provider may apply to an enforcement officer authorised by the Commissioner of Police for approval to dispose of the impounded vehicle if—
(a) 10 days have elapsed since the close of the impoundment period; and
(b) The vehicle owner or a person authorised by the owner has not claimed the vehicle and has not paid the towage and storage fees and charges or entered into an arrangement to pay those fees and charges; and
(c) No other person has established to the satisfaction of the authorised officer that the person is entitled to possession of the vehicle.
Schedule 5 |
Schedule 5: added, on 1 October 2007, by regulation 9 of the Land Transport (Offences and Penalties) Amendment Regulations (No 2) 2007 (SR 2007/265).
Section 96A, Land Transport Act 1998 Notice No: Driver’s full name: Address: Date of birth: Occupation: Driver licence No: Transport Service Operator’s name: Address: Time of seizure: Date: Street: Location: Time of offence: Date: Advice to driver or operator I am required to seize and impound, or seize and authorise the impoundment of, the motor vehicle described below for 28 days because I believe, on reasonable grounds, that you drove the vehicle on a road while [Tick appropriate box] the transport service operator was disqualified from holding or obtaining a transport service licence; or the transport service operator’s transport service licence was for the time being suspended or was revoked; or the transport service operator did not hold a transport service licence and had previously been forbidden to operate a transport service. The vehicle driven or operated by you is seized and impounded for 28 days. Registration No or VIN: Make: Year: It is to be impounded at: Enforcement officer ID: Station: An outline of rights (including an outline of the rights of appeal given to the owner of an impounded vehicle under sections 102 and 110 of the Act) is printed on the reverse of this page.Outline of rights relating to impoundment of vehicle referred to in this notice What about personal property in the vehicle? Any personal property (other than property attached to or used in connection with the operation of the vehicle) will be released on request to any person who produces satisfactory evidence that he or she was lawfully entitled to possession of the vehicle or personal property immediately before the vehicle was moved. If the vehicle was carrying goods at the time of seizure and impoundment, they will be released to any person acting on behalf of the owner of the goods if the person produces satisfactory evidence of the owner’s consent to the release. Will my trailer be impounded? Trailers and any other vehicle without motive power that is being towed by or is attached to a motor vehicle at the time of seizure and impoundment will not be seized or impounded. What are my appeal rights? If you are the owner of the motor vehicle that has been seized and impounded, you may appeal against the seizure and impoundment of the vehicle. In the first instance, you may appeal to the police and, if that appeal is unsuccessful, to the District Court. These appeal rights are set out in full in sections 102 and 110 of the Act. What are the grounds for appeal? The grounds for appeal are that— (a) the impounded vehicle was a stolen or converted vehicle at the time of the seizure and impoundment; or (b) the enforcement officer who seized the vehicle did not believe on reasonable grounds that at the time of driving or operating the vehicle on a road (i) the transport service operator was disqualified from holding or obtaining a transport service licence; or (ii) the transport service operator’s transport service licence was suspended or was revoked; or (iii) the transport service operator did not hold a transport service licence and had previously been forbidden to operate a transport service; or (c) the enforcement officer who seized the vehicle did not comply with the notice requirements set out in section 96A(2) of the Act; or (d) the transport service operator took all reasonable steps to prevent the driver from driving the vehicle; or (e) the driver drove the vehicle in a serious medical emergency (including carrying a person who was about to give birth to a child). How do I lodge an appeal? If you believe you have grounds for appealing against the impoundment of the vehicle, you should go to the Police Station nearest to where the vehicle was impounded and pick up a copy of the appeal documents. The appeal must be in writing and set out in a statutory declaration. It must clearly state the grounds for the appeal. The declaration must be taken in front of someone entitled to take statutory declarations. Who will determine your appeal? The initial appeal against the impoundment of a vehicle will be determined by an enforcement officer. Is there a time limit within which an appeal must be determined? The officer who determines your appeal must do so as soon as is reasonably practicable and not later than 2 working days after the day of lodgement in the case of an appeal lodged on the ground that the impounded vehicle was a stolen or converted vehicle at the time of seizure and impoundment, and not later than 5 working days after the day of lodgement in any other case. Results of appeal to police The officer who determines your appeal will either allow the appeal or dismiss it. He or she may refuse to consider your appeal if satisfied that the appeal is frivolous or vexatious, or that you have provided insufficient information. If your appeal is not dismissed on these grounds, the officer who considers it will allow it if satisfied that one of the grounds listed in paragraph 4 above is established. If he or she is not satisfied that one of the grounds listed in paragraph 4 is established, the appeal will be dismissed. Appeal to District Court If your appeal is dismissed, you may appeal to the District Court where a District Court Judge will decide whether or not your appeal should be allowed. An appeal to a District Court must be made not later than 28 days after the date on which you were notified of the decision appealed against, or within such further period as the Court may allow. Requirements about the way in which the appeal is to be made and determined are specified in section 111 of the Act. The District Court must determine the appeal only on the grounds specified in the Act. Towage and storage fees The fees for towage and storage are set out in regulations. You can obtain a copy of the fees from your nearest police station. How do I go about paying the fees? If you are liable to pay fees for towage or storage, the law, in general, requires you to pay the fees in full or enter into an arrangement with the storage provider to pay the outstanding fees over time. You can arrange to pay some or all of the fees during the period of the impoundment. Release of vehicle The storage provider must release the impounded vehicle to the owner or a person authorised by the owner if your appeal is successful. The storage provider must release the impounded vehicle to the owner if the police finally decide not to take proceedings against the person who drove the vehicle or operated the vehicle, or if proceedings have been taken and the person is acquitted. The Act specifies other circumstances in which an impounded vehicle may be released before the close of the 28-day impoundment period. The storage provider must release the impounded vehicle to the registered owner of the vehicle, or a person authorised by the registered owner, on or after the close of the 28-day impoundment period if the owner or authorised person (a) shows proof of identity and either proof of ownership of the vehicle or the owner’s copy of this notice; and (b) pays the towage and storage fees and charges or enters into an arrangement with the storage provider to pay those fees and charges. (Note that a registered owner may enter into an arrangement only with the agreement of the person with whom the arrangement is entered into.) Vehicle may be sold by storage provider The storage provider may apply to an enforcement officer authorised by the Commissioner of Police for approval to dispose of the impounded vehicle if (a) 10 days have elapsed since the close of the impoundment period; and (b) the vehicle owner or a person authorised by the owner has not claimed the vehicle and has not paid the towage and storage fees and charges or entered into an arrangement to pay those fees and charges; and (c) no other person has established to the satisfaction of the authorised officer that the person is entitled to possession of the vehicle.
MARIE SHROFF,
Clerk of the Executive Council.
This note is not part of the regulations, but is intended to indicate their general effect.
These regulations, which come into force on 3 May 1999, prescribe the breaches of the Land Transport Rules that are summary offences and the breaches of those rules that are infringement offences, and prescribe the fines and infringement fees in respect of those offences.
The regulations also prescribe a defence to a prosecution for an offence involving a breach of Land Transport Rule: Dangerous Goods 1999.
Schedule 1 lists the provisions of the rules the breach of which constitutes an offence. A breach of any such provision constitutes a summary offence and any charge may be commenced by laying an information under the Summary Proceedings Act 1957. The maximum fine that may be imposed is set out in the third and fourth columns of Schedule 1. The highest fine is $10,000 for an individual and $50,000 for a body corporate.
Schedule 1 also sets out those breaches of the rules that are infringement offences. If a person is alleged to have committed an infringement offence that person may either be proceeded against summarily for the alleged offence (by laying an information or where appropriate by filing a notice of prosecution) or be served with an infringement notice. The infringement fee is set out in the fifth and sixth columns of Schedule 1. The highest fee is $2,000 for an individual and $10,000 for a body corporate.
Schedule 2 prescribes the number of demerit points to be recorded by the Director of the Land Transport Safety Authority in respect of any person convicted of an offence described in Schedule 2 that was committed on or after 3 May 1999. The highest number of demerit points that may be imposed for any offence is 50.
Schedule 3 prescribes the form of notice to be given to a person whose driver licence is suspended for 28 days under section 95 of the Land Transport Act 1998.
Schedule 4 prescribes the form of notice to be given to the driver and registered owner of a vehicle impounded under section 96 of the Land Transport Act 1998 and to the storage provider of the vehicle.
Date of notification in Gazette: 1 April 1999.
1General
2About this eprint
3List of amendments incorporated in this eprint (most recent first)
This is an eprint of the Land Transport (Offences and Penalties) Regulations 1999. It incorporates all the amendments to the regulations as at 23 January 2009. The list of amendments at the end of these notes specifies all the amendments incorporated into this eprint since 3 September 2007. Relevant provisions of any amending enactments that contain transitional, savings, or application provisions are also included, after the Principal enactment, in chronological order.
This eprint has not been officialised. For more information about officialisation, please see “Making online legislation official”
under “Status of legislation on this site”
in the About section of this website.
Land Transport (Offences and Penalties) Amendment Regulations (No 2) 2008 (SR 2008/455)
Land Transport Management Amendment Act 2008 (2008 No 47): section 50(2)
Land Transport (Offences and Penalties) Amendment Regulations 2008 (SR 2008/132)
Land Transport (Offences and Penalties) Amendment Regulations (No 3) 2007 (SR 2007/376)
Land Transport (Offences and Penalties) Amendment Regulations (No 2) 2007 (SR 2007/265)
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