Land Transport (Offences and Penalties) Regulations 1999

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Reprint
as at 1 December 2009

Land Transport (Offences and Penalties) Regulations 1999

(SR 1999/99)

Michael Hardie Boys, Governor-General

Order In Council

At Wellington this 31st day of March 1999

Present:
The Right Hon W F Birch presiding in Council

Note

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.

Regulations

1 Title and commencement

  • (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.

2 Interpretation

  • (1) In these regulations, unless the context otherwise requires,—

    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

    (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).

    Regulation 2(3): amended, on 27 February 2005, by regulation 3(1) of the Land Transport (Offences and Penalties) Amendment Regulations 2004 (SR 2004/448).

    Regulation 2(4): amended, on 27 February 2005, by regulation 3(2) of the Land Transport (Offences and Penalties) Amendment Regulations 2004 (SR 2004/448).

2A Overloading offences

  • For the purposes of the definition of the term overloading offence in section 2(1) of the Act, an overloading offence is an offence—

    Regulation 2A: inserted on 25 January 2001, by regulation 3 of the Land Transport (Offences and Penalties) Amendment Regulations 2000 (SR 2000/285).

    Regulation 2(b): substituted, on 27 February 2005, by regulation 4 of the Land Transport (Offences and Penalties) Amendment Regulations 2004 (SR 2004/448).

3 Summary offences and penalties

  • (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

      • (ii) to a fine of the amount determined by the relevant scale set out in Schedule 1A (as referenced in the third column of Schedule 1):

    • (b) in the case of a body corporate,—

      • (i) to a fine not exceeding the amount specified in relation to that offence in the fourth column of Schedule 1; or

      • (ii) to a fine of the amount determined by the relevant scale set out in Schedule 1A (as referenced in the fourth column of Schedule 1).

    (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.

    Regulation 3(2)(a): substituted, on 27 February 2005, by regulation 5(1) of the Land Transport (Offences and Penalties) Amendment Regulations 2004 (SR 2004/448).

    Regulation 3(2)(b): substituted, on 27 February 2005, by regulation 5(2) of the Land Transport (Offences and Penalties) Amendment Regulations 2004 (SR 2004/448).

    Regulation 3(3): inserted, on 1 July 2002, by regulation 3 of the Land Transport (Offences And Penalties) Amendment Regulations (No 2) 2002 (SR 2002/140).

    Regulation 3(3): revoked, on 27 February 2005, by regulation 5(3) of the Land Transport (Offences and Penalties) Amendment Regulations 2004 (SR 2004/448).

    Regulation 3(4): inserted, on 1 July 2002, by regulation 3 of the Land Transport (Offences And Penalties) Amendment Regulations (No 2) 2002 (SR 2002/140).

    Regulation 3(4): amended, on 27 February 2005, by regulation 5(4) of the Land Transport (Offences and Penalties) Amendment Regulations 2004 (SR 2004/448).

4 Infringement offences

  • (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,—

    • (a) In the case of an individual, the infringement fee specified in relation to that offence in the fifth column of Schedule 1 or the amount determined by the relevant scale set out in Schedule 1B (as referenced in the third column of Schedule 1):

    • (b) In the case of a body corporate, the infringement fee specified in relation to that offence in the sixth column of Schedule 1 or the amount determined by the relevant scale set out in Schedule 1B (as referenced in the fourth column of Schedule 1).

    (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).

    Regulation 4(2)(a): amended, on 27 February 2005, by regulation 6(1) of the Land Transport (Offences and Penalties) Amendment Regulations 2004 (SR 2004/448).

    Regulation 4(2)(b): amended, on 27 February 2005, by regulation 6(2) of the Land Transport (Offences and Penalties) Amendment Regulations 2004 (SR 2004/448).

    Regulation 4(4): inserted, on 1 July 2002, by regulation 4 of the Land Transport (Offences And Penalties) Amendment Regulations (No 2) 2002 (SR 2002/140).

    Regulation 4(4): revoked, on 27 February 2005, by regulation 6(3) of the Land Transport (Offences and Penalties) Amendment Regulations 2004 (SR 2004/448).

    Regulation 4(5): inserted, on 1 July 2002, by regulation 4 of the Land Transport (Offences And Penalties) Amendment Regulations (No 2) 2002 (SR 2002/140).

    Regulation 4(5): amended, on 27 February 2005, by regulation 6(4) of the Land Transport (Offences and Penalties) Amendment Regulations 2004 (SR 2004/448).

    Regulation 4(6): inserted, on 1 July 2002, by regulation 4 of the Land Transport (Offences And Penalties) Amendment Regulations (No 2) 2002 (SR 2002/140).

    Regulation 4(6): amended, on 27 February 2005, by regulation 6(5)(a) of the Land Transport (Offences and Penalties) Amendment Regulations 2004 (SR 2004/448).

    Regulation 4(6): amended, on 27 February 2005, by regulation 6(5)(b) of the Land Transport (Offences and Penalties) Amendment Regulations 2004 (SR 2004/448).

    Regulation 4(7): inserted, on 27 February 2005, by regulation 6(6) of the Land Transport (Offences and Penalties) Amendment Regulations 2004 (SR 2004/448).

4A Certain proceedings not permitted

  • Despite anything in these regulations, a person may not be subject to proceedings with respect to a breach of—

    • (b) 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: substituted, on 1 December 2009, by section 40(1) of the Land Transport (Enforcement Powers) Amendment Act 2009 (2009 No 36).

5 Defences

  • (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.

    Regulation 5(1): amended, on 27 June 2005, by regulation 3 of the Land Transport (Offences and Penalties) Amendment Regulations (No 2) 2005 (SR 2005/137).

    Regulation 5(1)(a)(i): amended, on 20 July 2005, by section 103(4) of the Railways Act 2005 (2005 No 37).

    Regulation 5(1)(a)(ii): amended, on 20 July 2005, by section 103(4) of the Railways Act 2005 (2005 No 37).

    Regulation 5(2): inserted, on 1 April 2002, by regulation 4 of the Land Transport (Offences and Penalties) Amendment Regulations 2002 (SR 2002/44).

6 Demerit points

  • (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—

    • (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).

    Regulation 6(1): amended, on 27 February 2005, by regulation 8(1) of the Land Transport (Offences and Penalties) Amendment Regulations 2004 (SR 2004/448).

    Regulation 6(3): inserted, on 27 February 2005, by regulation 8(2) of the Land Transport (Offences and Penalties) Amendment Regulations 2004 (SR 2004/448).

7 Suspension of driver licences

  • A notice telling a person that his or her driver licence is suspended for 28 days that is to be given to a person under section 95 of the Act must be in the form set out in Schedule 3 or a form to the same effect.

8 Impoundment of motor vehicles under section 96 of Act

  • 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).

8A Impoundment of motor vehicles under section 96A of Act

  • 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).

9 Revocations and savings

  • (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).

    (2) Nothing in regulations 3, 4, or 6 apply in respect of an offence committed before the commencement of these regulations, and every such offence must be dealt with as if these regulations had not been made.

Schedule  1
Offence provisions and penalties

rr 3, 4

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:           
22A(3A)  Contravention, without reasonable excuse, of a bylaw made under section 22AB or 22AC 1,000 – 150 –
31(1)(b)  Driving contrary to conditions of driver licence – – 400 400
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):           
16(1)(a)  Drives without being properly accompanied – – 100 –
16(1)(b)  Fails to display L plate as required for car – – 100 –
16(1)(c)(i)  Fails to display L plate as required for moped – – 100 –
16(1)(c)(ii)  Drives between hours of 10 pm and 5 am – – 100 –
16(1)(d)(i)  Fails to display L plate as required for motorcycle – – 100 –
16(1)(d)(ii)  Drives in breach of various specified conditions – – 100 –
18(1)  Drives in breach of various specified conditions – – 100 –
37(2)  Person must surrender driver identification card as and when required under the Driver Licensing rule 500 - - -
57  Drives in breach of automatic transmission condition   – 100 –
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, riders of mobility devices, and riders of wheeled recreational devices 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(2) Pedestrian, rider of mobility device, or rider of wheeled recreational device proceeds across roadway when special signal is red 10 — — —
3.2(4)(a) Driver enters controlled area when yellow signal displayed 1,000 - 150 -
3.2(4)(b) Pedestrian, rider of mobility device, or rider of wheeled recreational device 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, rider of mobility device, or rider of wheeled recreational device 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, rider of mobility device, or rider of wheeled recreational device 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, rider of mobility device, or rider of wheeled recreational device 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, rider of mobility device, or rider of wheeled recreational device 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 -
4.1(3) Driver fails to give way at give-way sign controlling a one-way section of road 1,000 — 100 —
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, using a rigid towing connection, vehicle other than a motorcycle or all terrain vehicle 1,000 - as per scale set out in Schedule 1B -
5.4(2) Driver exceeds 50 km/h when towing, using a non-rigid towing connection, vehicle other than a motorcycle or all terrain vehicle 1,000 — as per scale set out in Schedule 1B —
5.4(3) Driver exceeds 30 km/h when towing mechanically disabled motorcycle or all terrain vehicle 1,000 - as per scale set out in Schedule 1B -
5.4(4) Driver of vehicle other than cycle, moped, motorcycle, or all terrain vehicle exceeds 90 km/h when towing trailer 1,000 - as per scale set out in Schedule 1B -
5.4(5) Driver of cycle, moped, motorcycle, or all terrain vehicle exceeds 40 km/h when towing trailer 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 45 km/h 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 -
7.3A Driver uses mobile phone while driving a vehicle 1,000 — 80 —
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 and keep it fastened 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 -
7.23(2) Driver drives small passenger service vehicle without displaying approved sign about child safety locks 2,000 10,000 400 2,000
7.23(3) Driver drives small passenger service vehicle with child safety lock operated without request 2,000 10,000 400 2,000
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 -
8.3(5) Driver of a moped or motorcycle manufactured on or after 1 January 1980 fails to use headlamps or daytime running lamps at times other than hours of darkness 1,000 — 100 —
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 or a moped or motorcycle permitted to use the footpath 35 - - -
11.1A(2) Person uses a shared path without care or consideration or in a hazardous manner 35 — — —
11.1A(3) Rider of cycle, mobility device, or wheeled recreational device operates cycle or device on a shared path at a hazardous speed 1,000 — 100 —
11.1A(4) Failure to give priority on a shared path 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(1) Licensee must return amended, revoked, or surrendered licence and any associated transport service licence card within 7 days of a request by the Agency 2,000 10,000 400 2,000
2.6(2) Failure to surrender a transport service licence card on demand to an enforcement officer 2,000 10,000 400 2,000
2.8 Use special interest vehicle in a transport service 2,000 10,000 400 2,000
3.2(1) Person must not drive a small passenger service vehicle, except for an ambulance operated by an ambulance service, 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
4.1(2) Holder of a passenger service licence operating a taxi service without being a member of an approved taxi organisation 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 card in prescribed manner on 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 card is displayed in prescribed manner on 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 booked in advance 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 transport service licence card is displayed in prescribed manner on 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 Holder of goods service licence operating a goods service vehicle must ensure transport service licence card is displayed in prescribed manner on vehicle 2,000 10,000 400 2,000
11.2(1) Holder of passenger service licence operating a large passenger service vehicle must ensure transport service licence card is displayed in prescribed manner on 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):          
2.7(1) Failure to fit motor vehicle with an exhaust system that is in good working order 500 500 150 150
2.7(8) Failure to comply with relevant noise output standards 500 500 50 50
3.1(3) Failure to comply with relevant noise output standards 500 500 50 50
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: amended, on 1 December 2009, by section 40(1) of the Land Transport (Enforcement Powers) Amendment Act 2009 (2009 No 36).

  • The Provisions, brief descriptions, penalties and infringement fees relating to Passenger Service Vehicles 1999 (31001): inserted, on 1 September 1999, by clause 2 of the 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): substituted for the references to Glazing 1996 (32012), on 25 October 1999, by clause 2 of the Land Transport (Offences and Penalties) Amendment Regulations (No 2) 1999.

  • Schedule 1: substituted, on 25 January 2001, by regulation 4 of the Land Transport (Offences and Penalties) Amendment Regulations 2000 (SR 2000/283).

  • Schedule 1: substituted, on 1 April 2002, by regulation 3 of the Land Transport (Offences and Penalties) Amendment Regulations 2002 (SR 2002/44).

  • The Provision relating to Tyres and Wheels 2001 (32013): substituted, on 1 July 2002, by regulation 4 of the Land Transport (Offences And Penalties) Amendment Regulations (No 2) 2002 (SR 2002/140).

  • The Provision relating to Vehicle Dimensions and Mass 2002 (41001): inserted, on 1 July 2002, by regulation 4 of the Land Transport (Offences And Penalties) Amendment Regulations (No 2) 2002 (SR 2002/140).

  • Schedule 1: substituted, on 27 February 2005, by regulation 9 of the Land Transport (Offences and Penalties) Amendment Regulations 2004 (SR 2004/448).

  • Schedule 1 Dangerous Goods 2005 (45001/1): inserted, on 27 June 2005, by regulation 4(1) of the Land Transport (Offences and Penalties) Amendment Regulations (No 2) 2005 (SR 2005/137).

  • 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): amended, on 27 June 2005, by regulation 4(1)(a) of the Land Transport (Offences and Penalties) Amendment Regulations (No 2) 2005 (SR 2005/137).

  • The Provision relating to Dangerous Goods 2005 (45001/1): amended, on 27 June 2005, by regulation 4(1)(b) of the Land Transport (Offences and Penalties) Amendment Regulations (No 2) 2005 (SR 2005/137).

  • The Provision relating to Dangerous Goods 2005 (45001/1): amended, on 27 June 2005, by regulation 4(1)(c) of the Land Transport (Offences and Penalties) Amendment Regulations (No 2) 2005 (SR 2005/137).

  • The Provision relating to Dangerous Goods 2005 (45001/1): amended, on 27 June 2005, by regulation 4(1)(d) of the Land Transport (Offences and Penalties) Amendment Regulations (No 2) 2005 (SR 2005/137).

  • The Provision relating to Dangerous Goods 2005 (45001/1): amended, on 27 June 2005, by regulation 4(1)(e) of the Land Transport (Offences and Penalties) Amendment Regulations (No 2) 2005 (SR 2005/137).

  • The Provision relating to Dangerous Goods 2005 (45001/1): amended, on 27 June 2005, by regulation 4(1)(f) of the Land Transport (Offences and Penalties) Amendment Regulations (No 2) 2005 (SR 2005/137).

  • The Provision relating to Dangerous Goods 2005 (45001/1): amended, on 27 June 2005, by regulation 4(1)(g) of the Land Transport (Offences and Penalties) Amendment Regulations (No 2) 2005 (SR 2005/137).

  • The Provision relating to Dangerous Goods 2005 (45001/1): amended, on 27 June 2005, by regulation 4(1)(h) of the Land Transport (Offences and Penalties) Amendment Regulations (No 2) 2005 (SR 2005/137).

  • The Provision relating to Dangerous Goods 2005 (45001/1): amended, on 27 June 2005, by regulation 4(1)(i) of the Land Transport (Offences and Penalties) Amendment Regulations (No 2) 2005 (SR 2005/137).

  • The Provision relating to Dangerous Goods 2005 (45001/1): amended, on 27 June 2005, by regulation 4(1)(j) of the Land Transport (Offences and Penalties) Amendment Regulations (No 2) 2005 (SR 2005/137).

  • The Provision relating to Dangerous Goods 2005 (45001/1): amended, on 27 June 2005, by regulation 4(1)(k) of the Land Transport (Offences and Penalties) Amendment Regulations (No 2) 2005 (SR 2005/137).

  • The Provision relating to Dangerous Goods 2005 (45001/1): amended, on 27 June 2005, by regulation 4(1)(l) of the Land Transport (Offences and Penalties) Amendment Regulations (No 2) 2005 (SR 2005/137).

  • 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) 3.2(1)(b)(ii): amended, on 1 November 2009, by regulation 4 of the Land Transport (Offences and Penalties) Amendment Regulations 2009 (SR 2009/290).

  • Schedule 1 Land Transport (Road User) Rule 2004 (61001) 3.2(2): inserted, on 1 November 2009, by regulation 4 of the Land Transport (Offences and Penalties) Amendment Regulations 2009 (SR 2009/290).

  • Schedule 1 Land Transport (Road User) Rule 2004 (61001) 3.2(4)(b): amended, on 1 November 2009, by regulation 4 of the Land Transport (Offences and Penalties) Amendment Regulations 2009 (SR 2009/290).

  • Schedule 1 Land Transport (Road User) Rule 2004 (61001) 3.2(5)(b): amended, on 1 November 2009, by regulation 4 of the Land Transport (Offences and Penalties) Amendment Regulations 2009 (SR 2009/290).

  • Schedule 1 Land Transport (Road User) Rule 2004 (61001) 3.3(1)(b): amended, on 1 November 2009, by regulation 4 of the Land Transport (Offences and Penalties) Amendment Regulations 2009 (SR 2009/290).

  • Schedule 1 Land Transport (Road User) Rule 2004 (61001) 3.3(2)(b): amended, on 1 November 2009, by regulation 4 of the Land Transport (Offences and Penalties) Amendment Regulations 2009 (SR 2009/290).

  • Schedule 1 Land Transport (Road User) Rule 2004 (61001) 3.3(3)(b): amended, on 1 November 2009, by regulation 4 of the Land Transport (Offences and Penalties) Amendment Regulations 2009 (SR 2009/290).

  • Schedule 1 Land Transport (Road User) Rule 2004 (61001) 4.1(3): inserted, on 1 November 2009, by regulation 4 of the Land Transport (Offences and Penalties) Amendment Regulations 2009 (SR 2009/290).

  • Schedule 1 Land Transport (Road User) Rule 2004 (61001) 4.2(2): 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) 4.2(2A): inserted, on 1 October 2007, by regulation 7(3) of the Land Transport (Offences and Penalties) Amendment Regulations (No 2) 2007 (SR 2007/265).

  • Schedule 1 Land Transport (Road User) Rule 2004 (61001) 5.4(1): amended, on 1 November 2009, by regulation 4 of the Land Transport (Offences and Penalties) Amendment Regulations 2009 (SR 2009/290).

  • Schedule 1 Land Transport (Road User) Rule 2004 (61001) 5.4(2): inserted, on 1 November 2009, by regulation 4 of the Land Transport (Offences and Penalties) Amendment Regulations 2009 (SR 2009/290).

  • Schedule 1 Land Transport (Road User) Rule 2004 (61001) 5.4(3): amended, on 1 November 2009, by regulation 4 of the Land Transport (Offences and Penalties) Amendment Regulations 2009 (SR 2009/290).

  • Schedule 1 Land Transport (Road User) Rule 2004 (61001) 5.4(4): amended, on 1 November 2009, by regulation 4 of the Land Transport (Offences and Penalties) Amendment Regulations 2009 (SR 2009/290).

  • Schedule 1 Land Transport (Road User) Rule 2004 (61001) 5.4(5): inserted, on 1 November 2009, by regulation 4 of the Land Transport (Offences and Penalties) Amendment Regulations 2009 (SR 2009/290).

  • Schedule 1 Land Transport (Road User) Rule 2004 (61001) 5.5(2): amended, on 1 November 2009, by regulation 4 of the Land Transport (Offences and Penalties) Amendment Regulations 2009 (SR 2009/290).

  • Schedule 1 Land Transport (Road User) Rule 2004 (61001) 6.4(1A): inserted, on 26 June 2008, by regulation 4(2) of the Land Transport (Offences and Penalties) Amendment Regulations 2008 (SR 2008/132).

  • The Provision relating to Land Transport (Road User) Rule 2004 (61001) 6.4(4): amended, on 27 June 2005, by regulation 4(2) of the Land Transport (Offences and Penalties) Amendment Regulations (No 2) 2005 (SR 2005/137).

  • Schedule 1 Land Transport (Road User) Rule 2004 (61001) 7.3A: inserted, on 1 November 2009, by regulation 4 of the Land Transport (Offences and Penalties) Amendment Regulations 2009 (SR 2009/290).

  • Schedule 1 Land Transport (Road User) Rule 2004 (61001) 7.4(1): substituted, 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) 7.4(2): substituted, 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) 7.10: amended, on 1 November 2009, by regulation 4 of the Land Transport (Offences and Penalties) Amendment Regulations 2009 (SR 2009/290).

  • Schedule 1 Land Transport (Road User) Rule 2004 (61001) 7.12(1): substituted, 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) 7.12(7): substituted, 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) 7.23(2): inserted, on 1 November 2009, by regulation 4 of the Land Transport (Offences and Penalties) Amendment Regulations 2009 (SR 2009/290).

  • Schedule 1 Land Transport (Road User) Rule 2004 (61001) 7.23(3): inserted, on 1 November 2009, by regulation 4 of the Land Transport (Offences and Penalties) Amendment Regulations 2009 (SR 2009/290).

  • Schedule 1 Land Transport (Road User) Rule 2004 (61001) 8.3(5): inserted, on 1 November 2009, by regulation 4 of the Land Transport (Offences and Penalties) Amendment Regulations 2009 (SR 2009/290).

  • Schedule 1 Land Transport (Road User) Rule 2004 (61001) 11.1(6): amended, on 1 November 2009, by regulation 4 of the Land Transport (Offences and Penalties) Amendment Regulations 2009 (SR 2009/290).

  • Schedule 1 Land Transport (Road User) Rule 2004 (61001) 11.1A(2): inserted, on 1 November 2009, by regulation 4 of the Land Transport (Offences and Penalties) Amendment Regulations 2009 (SR 2009/290).

  • Schedule 1 Land Transport (Road User) Rule 2004 (61001) 11.1A(3): inserted, on 1 November 2009, by regulation 4 of the Land Transport (Offences and Penalties) Amendment Regulations 2009 (SR 2009/290).

  • Schedule 1 Land Transport (Road User) Rule 2004 (61001) 11.1A(4): inserted, on 1 November 2009, by regulation 4 of the Land Transport (Offences and Penalties) Amendment Regulations 2009 (SR 2009/290).

  • 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) 2.6(1): amended, on 1 November 2009, by regulation 4 of the Land Transport (Offences and Penalties) Amendment Regulations 2009 (SR 2009/290).

  • Schedule 1 Operator Licensing 2007 (81001) 2.6(2): inserted, on 1 November 2009, by regulation 4 of the Land Transport (Offences and Penalties) Amendment Regulations 2009 (SR 2009/290).

  • Schedule 1 Operator Licensing 2007 (81001) 2.8: inserted, on 1 November 2009, by regulation 4 of the Land Transport (Offences and Penalties) Amendment Regulations 2009 (SR 2009/290).

  • Schedule 1 Operator Licensing 2007 (81001) 3.2(1): amended, on 1 November 2009, by regulation 4 of the Land Transport (Offences and Penalties) Amendment Regulations 2009 (SR 2009/290).

  • Schedule 1 Operator Licensing 2007 (81001) 4.1(2): inserted, on 1 November 2009, by regulation 4 of the Land Transport (Offences and Penalties) Amendment Regulations 2009 (SR 2009/290).

  • Schedule 1 Operator Licensing 2007 (81001) 4.2(2): amended, on 1 November 2009, by regulation 4 of the Land Transport (Offences and Penalties) Amendment Regulations 2009 (SR 2009/290).

  • Schedule 1 Operator Licensing 2007 (81001) 5.2(2): amended, on 1 November 2009, by regulation 4 of the Land Transport (Offences and Penalties) Amendment Regulations 2009 (SR 2009/290).

  • Schedule 1 Operator Licensing 2007 (81001) 6.1(4): amended, on 1 November 2009, by regulation 4 of the Land Transport (Offences and Penalties) Amendment Regulations 2009 (SR 2009/290).

  • Schedule 1 Operator Licensing 2007 (81001) 10.1(2): amended, on 1 November 2009, by regulation 4 of the Land Transport (Offences and Penalties) Amendment Regulations 2009 (SR 2009/290).

  • Schedule 1 Operator Licensing 2007 (81001) 11.1: amended, on 1 November 2009, by regulation 4 of the Land Transport (Offences and Penalties) Amendment Regulations 2009 (SR 2009/290).

  • Schedule 1 Operator Licensing 2007 (81001) 11.2(1): amended, on 1 November 2009, by regulation 4 of the Land Transport (Offences and Penalties) Amendment Regulations 2009 (SR 2009/290).

  • 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).

  • 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).

  • The provision relating to Heavy-vehicle Brakes 2006 (32015): inserted, on 1 March 2007, by regulation 4(1) of the Land Transport (Offences and Penalties) Amendment Regulations 2007 (SR 2007/6).

  • The provision relating to Traffic Control Devices 2004 (54002): amended, on 1 March 2007, by regulation 4(2) of the Land Transport (Offences and Penalties) Amendment Regulations 2007 (SR 2007/6).

  • 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).

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)

rr 2, 3, 4, Schedule 1

  • Schedule 1A: inserted, on 27 February 2005, by regulation 9 of the Land Transport (Offences and Penalties) Amendment Regulations 2004 (SR 2004/448).

  • Schedule 1B: inserted, on 27 February 2005, by regulation 9 of the Land Transport (Offences and Penalties) Amendment Regulations 2004 (SR 2004/448).

  • Clause 5: amended, on 27 June 2005, by regulation 5 of the Land Transport (Offences and Penalties) Amendment Regulations (No 2) 2005 (SR 2005/137).

Individual axles (table 1) 
OffencePenalty 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 kg150
- more than 500 kg but not more than 1 000 kg350
- more than 1 000 kg but not more than 1 500 kg600
- more than 1 500 kg but not more than 2 000 kg900
- more than 2 000 kg but not more than 2 500 kg1,250
- more than 2 500 kg but not more than 3 000 kg1,700
- more than 3 000 kg but not more than 3 500 kg2,250
- more than 3 500 kg but not more than 4 000 kg2,900
- more than 4 000 kg but not more than 4 500 kg3,650
- more than 4 500 kg but not more than 5 000 kg4,550
- more than 5 000 kg but not more than 5 500 kg5,600
- more than 5 500 kg but not more than 6 000 kg6,850
- more than 6 000 kg but not more than 6 500 kg8,300
- more than 6 500 kg10,000
Groups of 2 or more consecutive axles and all axles of vehicle or combination of vehicles (table 2) 
OffencePenalty 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 kg150
- more than 1 000 kg but not more than 2 000 kg350
- more than 2 000 kg but not more than 3 000 kg600
- more than 3 000 kg but not more than 4 000 kg900
- more than 4 000 kg but not more than 5 000 kg1,250
- more than 5 000 kg but not more than 6 000 kg1,700
- more than 6 000 kg but not more than 7 000 kg2,250
- more than 7 000 kg but not more than 8 000 kg2,900
- more than 8 000 kg but not more than 9 000 kg3,650
- more than 9 000 kg but not more than 10 000 kg4,550
- more than 10 000 kg but not more than 11 000 kg5,600
- more than 11 000 kg but not more than 12 000 kg6,850
- more than 12 000 kg but not more than 13 000 kg8,300
- more than 13 000 kg10,000
1 Each axle weight

  • 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.

2 2 or more consecutive axle weights

  • 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.

3 Total axle weight of vehicle

  • 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.

4 Total axle weight of combination of vehicles

  • 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.

5 Weighing tolerances

  • 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
Scale of infringement fees for certain breaches of parking, speeding, and overloading provisions of Land Transport (Road User) Rule 2004 (61001) and Land Transport Rule: Vehicle Dimensions and Mass 2002 (41001)

rr 2, 4, Schedule 1

  • Schedule 1A: inserted, on 27 February 2005, by regulation 9 of the Land Transport (Offences and Penalties) Amendment Regulations 2004 (SR 2004/448).

  • Schedule 1B: inserted, on 27 February 2005, by regulation 9 of the Land Transport (Offences and Penalties) Amendment Regulations 2004 (SR 2004/448).

  • Clause 5: amended, on 27 June 2005, by regulation 6 of the Land Transport (Offences and Penalties) Amendment Regulations (No 2) 2005 (SR 2005/137).

Part
Parking contrary to traffic sign, etc

OffenceInfringement 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 minutes12*
- more than 30 minutes but not more than 1 hour15*
- more than 1 hour but not more than 2 hours21*
- more than 2 hours but not more than 4 hours30*
- more than 4 hours but not more than 6 hours42*
- more than 6 hours57*
Parked on a clearway60
All other parking offences40
*or such lesser amount as is fixed by the local authority 

Part
Speeding

OffenceInfringement fee
$
Any speeding offence, where the speed exceeds the speed limit by— 
- not more than 10 km an hour30
- more than 10 km an hour but not more than 15 km an hour80
- more than 15 km an hour but not more than 20 km an hour120
- more than 20 km an hour but not more than 25 km an hour170
- more than 25 km an hour but not more than 30 km an hour230
- more than 30 km an hour but not more than 35 km an hour300
- more than 35 km an hour but not more than 40 km an hour400
- more than 40 km an hour but not more than 45 km an hour510
- more than 45 km an hour but not more than 50 km an hour630

Part
Overloading

Individual axles (table 1) 
OffenceInfringement 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 kg150
- more than 500 kg but not more than 1 000 kg350
- more than 1 000 kg but not more than 1 500 kg600
- more than 1 500 kg but not more than 2 000 kg900
- more than 2 000 kg but not more than 2 500 kg1,250
- more than 2 500 kg but not more than 3 000 kg1,700
- more than 3 000 kg but not more than 3 500 kg2,250
- more than 3 500 kg but not more than 4 000 kg2,900
- more than 4 000 kg but not more than 4 500 kg3,650
- more than 4 500 kg but not more than 5 000 kg4,550
- more than 5 000 kg but not more than 5 500 kg5,600
- more than 5 500 kg but not more than 6 000 kg6,850
- more than 6 000 kg but not more than 6 500 kg8,300
- more than 6 500 kg10,000
Groups of 2 or more consecutive axles and all axles of vehicle or combination of vehicles (table 2)
OffenceInfringement 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 kg150
- more than 1 000 kg but not more than 2 000 kg350
- more than 2 000 kg but not more than 3 000 kg600
- more than 3 000 kg but not more than 4 000 kg900
- more than 4 000 kg but not more than 5 000 kg1,250
- more than 5 000 kg but not more than 6 000 kg1,700
- more than 6 000 kg but not more than 7 000 kg2,250
- more than 7 000 kg but not more than 8 000 kg2,900
- more than 8 000 kg but not more than 9 000 kg3,650
- more than 9 000 kg but not more than 10 000 kg4,550
- more than 10 000 kg but not more than 11 000 kg5,600
- more than 11 000 kg but not more than 12 000 kg6,850
- more than 12 000 kg but not more than 13 000 kg8,300
- more than 13 000 kg10,000
1 Each axle weight

  • 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.

2 2 or more consecutive axle weights

  • 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.

3 Total axle weight of vehicle

  • 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.

4 Total axle weight of combination of vehicles

  • 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.

5 Weighing tolerances

  • 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
Scale of demerit points

r 6

Part 1
Offences other than speeding offences

Enactment Section or
regulation		General description of offenceNumber of demerit points
1The Land Transport Act 1998 31(1)(b)Drives a motor vehicle contrary to the conditions of his or her driver licence25
   37(1)Careless or inconsiderate use of motor vehicle35
   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 199835
   52(1)(c)Failure to remain stopped for an enforcement officer, as required under section 114 of the Land Transport Act 199835
   52(1)(c)Driving or attempting to drive when forbidden by an enforcement officer under section 121 of the Land Transport Act 199835
   57(1) or (2)Person younger than 20 driving or attempting to drive with excessive breath-alcohol or blood-alcohol concentration50
   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
    

  • to remain for evidential breath test or blood test

50
   79RPerson produces logbook with 1–5 omissions10
   79RPerson produces logbook with 6–10 omissions20
   79RPerson produces logbook with 11 or more omissions30
   79RPerson fails to produce logbook35
1A.Land Transport (Driver Licensing) Rule 1999 (91001) 16(1)(a), (c)(ii) or (iii), or (d)(ii), 18, or 57Drives motor vehicle contrary to the conditions of his or her driver licence (other than conditions relating to display of L plate) in a manner that breaches clause 16(1)(a), (c)(ii) or (iii), or (d)(ii), 18, or 5735
   16(1)(b), (c)(i), or (d)(i)Failure to display L plate as required25
1B.Transport (Vehicle and Driver Registration and Licensing) Act 1986 17Use of unauthorised, deceptive, or obscured plates25
2Land Transport (Road User) Rule 2004 (61001) 2.1(1)Fail to drive as near as practicable to the left of the roadway20
   2.1(2)Fail to allow impeded traffic to pass20
   2.6(1)Unsafe passing35
   2.6(3)Impeding vehicle when passing35
   2.9Passing to right of no-passing line35
   2.1Passing at school crossing point or pedestrian crossing20
   2.12(3)Drive in emergency stopping lane10
   3.8(2)Fail to comply with handheld stop sign20
   4Fail to comply with school patrol sign20
   4.1(1)(a)Driver fails to stop at stop sign20
   4.1(1)(b)Driver fails to give way at stop sign20
   4.1(2)Driver fails to give way at give-way sign20
   4.1(3)Driver fails to give way at give-way sign controlling a one-way section of road25
   4.2(2)Driver of vehicle changing lanes or turning fails to give way to vehicle not changing lanes or turning20
   2.2(2A)Driver of left-turning vehicle fails to give way to an approaching right-turning vehicle20
   4.2(3)Driver at intersection fails to give-way to vehicle approaching from right20
   4Driver fails to give way to road user on footpath when entering/exiting driveway20
   4.6(1)Driver entering roundabout fails to give way20
   5.9(1)Exceed speed for stopping distance20
   5.9(2)Exceed speed for stopping distance on road not marked in lanes20
   5.9(3)Drive too close to vehicle in front20
   . . .  
   . . .  
   . . .  
   7.1(2)Driver permits riding dangerously20
   7.3ADriver uses mobile phone while driving a vehicle20
   7.4(1)Operate vehicle that creates excessive noise25
   7.4(2)Create excessive noise within or on vehicle25
   7.12(1)Drive or ride all terrain vehicle, motorcycle, or moped without securely fastened approved helmet25
   7.12(7)Drive or ride all terrain vehicle, motorcycle, or moped with damaged, etc, safety helmet25
   9.1(2)Driver fails to give way to rail vehicle approaching level crossing20
   9.1(4)Drive etc, cycle, vehicle, or animal across level crossing when risk of collision with rail vehicle20
   9.2(1)(a)Fail to comply with stop sign at level crossing20
   9.2(1)(b)Fail to remain stationary at stop sign until level crossing clear20
   9.2(3)Driver enters controlled area of level crossing when red signal displayed20
   9.2(4)Driver enters controlled area of level crossing when barrier arm lowered20
   10.1(1)Driver fails to give way at pedestrian crossing35
   10.1(2)Driver enters pedestrian crossing when passage blocked35
   10.2(1)Driver of vehicle fails to give way to pedestrian on shared zone35
3Land Transport Rule: Work Time and Logbooks 2007 (62001) 3.4(7)Requirement to produce approved alternative record to an enforcement officer on demand35
   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 records35
4.Land Transport Rule: Vehicle Equipment 2004 (32017/2) 2.7(8) or 3.1(3)Failure to operate a motor vehicle with an exhaust system that complies with relevant noise output standards25

  • Schedule 2 Part 1: amended, on 1 December 2009, by section 40(1) of the Land Transport (Enforcement Powers) Amendment Act 2009 (2009 No 36).

  • 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) 4.1(3): inserted, on 1 November 2009, by regulation 5 of the Land Transport (Offences and Penalties) Amendment Regulations 2009 (SR 2009/290).

  • Schedule 2 Part 1 Land Transport (Road User) Rule 2004 (61001)4.2(2): 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) 2.2(2A): inserted, 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 Land Transport (Road User) Rule 2004 (61001) 7.3A: inserted, on 1 November 2009, by regulation 5 of the Land Transport (Offences and Penalties) Amendment Regulations 2009 (SR 2009/290).

  • 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).

  • Schedule 2 Item 2: substituted, on 27 February 2005, by regulation 10 of the Land Transport (Offences and Penalties) Amendment Regulations 2004 (SR 2004/448).

  • Schedule 2 Item 2: amended, on 11 March 2005, by regulation 3 of the Land Transport (Offences and Penalties) Amendment Regulations 2005 (SR 2005/56).

  • Items 7.4(1) and 7.4(2): inserted, on 16 January 2006, by section 95(9) of the Land Transport Amendment Act 2005 (2005 No 77).

Part 2
Speeding offences

 Speeding offences Number of demerit points
1Speeding offence in which the speed limit fixed is exceeded by not more than 10 km/h 10
2Speeding offence in which the speed limit fixed is exceeded by more than 10 km/h but not more than 20 km/h 20
3Speeding offence in which the speed limit fixed is exceeded by more than 20 km/h but not more than 30 km/h 35
4Speeding offence in which the speed limit fixed is exceeded by more than 30 km/h but not more than 35 km/h 40
5Speeding offence in which the speed limit fixed is exceeded by more than 35 km/h 50

Schedule 3
Notice of mandatory suspension of driver licence

r 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 650 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 130 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 permanent posted speed limit by more than 40 km/h (which speed was detected by a means other than approved vehicle surveillance equipment); or

    • *(e)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

    • *(f)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

    • *(g)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).

  • 2.You are required to immediately surrender your driver licence to me. It will be forwarded to New Zealand Transport Agency.

  • 2AIf 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, 130 milligrams of alcohol per 100 millilitres of blood 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; 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 I.D.:

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]

  • Schedule 3 Part 1 clause 1(a): amended, on 16 January 2006, by section 95(9) of the Land Transport Amendment Act 2005 (2005 No 77).

  • Schedule 3 Part 1 clause 1(b): amended, on 16 January 2006, by section 95(9) of the Land Transport Amendment Act 2005 (2005 No 77).

  • Schedule 3 Part 1 clause 1(d): amended, on 16 January 2006, by section 95(9) of the Land Transport Amendment Act 2005 (2005 No 77).

  • Schedule 3 Part 1 clause 1(d): amended, on 16 January 2006, by 9section 5(9) of the Land Transport Amendment Act 2005 (2005 No 77).

  • Schedule 3 Part 1 clause 1(d): amended, on 16 January 2006, by section 95(9) of the Land Transport Amendment Act 2005 (2005 No 77).

  • Schedule 3 Part 1 clause 1(e): inserted, on 16 January 2006, by section 95(9) of the Land Transport Amendment Act 2005 (2005 No 77).

  • Schedule 3 Part 1 clause 1(f): inserted, on 16 January 2006, by section 95(9) of the Land Transport Amendment Act 2005 (2005 No 77).

  • Clause 1(g) in Part 1: inserted, on 16 January 2006, by section 95(9) of the Land Transport Amendment Act 2005 (2005 No 77).

  • 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).

  • Schedule 3 Part 1 clause 2: amended, on 1 December 2004, by section 19(2) of the Land Transport Management Amendment Act 2004 (2004 No 97).

  • Schedule 3 Part 1 clause 2A: inserted, on 29 December 2001, by section 14(5) of the Land Transport (Road Safety Enforcement) Amendment Act 2001 (2001 No 104).

  • Schedule 3 Part 1 clause 2A: amended, on 16 January 2006, by section 95(9) of the Land Transport Amendment Act 2005 (2005 No 77).

  • 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).

  • Schedule 3 Part 2 clause 1: amended, on 1 December 2004, by section 19(2) of the Land Transport Management Amendment Act 2004 (2004 No 97).

  • Schedule 3 Part 2 clause 1: amended, on 1 December 2004, by section 19(2) of the Land Transport Management Amendment Act 2004 (2004 No 97).

  • Schedule 3 Part 2 clause 2(b)(i): amended, on 16 January 2006, by section 95(9) of the Land Transport Amendment Act 2005 (2005 No 77).

  • Schedule 3 Part 2 clause 2(b)(ii): amended, on 16 January 2006, by section 95(9) of the Land Transport Amendment Act 2005 (2005 No 77).

  • Schedule 3 Part 2 clause 2(b)(iii): amended, on 16 January 2006, by section 95(9) of the Land Transport Amendment Act 2005 (2005 No 77).

  • Schedule 3 Part 2 clause 2(b)(iv): amended, on 16 January 2006, by section 95(9) of the Land Transport Amendment Act 2005 (2005 No 77).

  • Schedule 3 Part 2 clause 2(b)(iv): amended, on 16 January 2006, by section 95(9) of the Land Transport Amendment Act 2005 (2005 No 77).

  • Schedule 3 Part 2 clause 2(b)(v): inserted, on 16 January 2006, by section 95(9) of the Land Transport Amendment Act 2005 (2005 No 77).

  • Schedule 3 Part 2 clause 2(b)(vi): inserted, on 16 January 2006, by section 95(9) of the Land Transport Amendment Act 2005 (2005 No 77).

  • Schedule 3 Part 2 clause 2(b)(vii): inserted, on 16 January 2006, by section 95(9) of the Land Transport Amendment Act 2005 (2005 No 77).

  • 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).

  • Schedule 3 Part 2 clause 3: amended, on 1 December 2004, by section 19(2) of the Land Transport Management Amendment Act 2004 (2004 No 97).

  • Schedule 3 Part 2 clause 4: amended, on 1 December 2004, by section 19(2) of the Land Transport Management Amendment Act 2004 (2004 No 97).

  • Schedule 3 Part 2 clause 5: amended, on 1 December 2004, by section 19(2) of the Land Transport Management Amendment Act 2004 (2004 No 97).

  • Schedule 3 Part 2 clause 6: amended, on 1 December 2004, by section 19(2) of the Land Transport Management Amendment Act 2004 (2004 No 97).

  • Schedule 3 Part 2 clause 8: amended, on 1 December 2004, by section 19(2) of the Land Transport Management Amendment Act 2004 (2004 No 97).

  • Schedule 3 Part 2 clause 10: amended, on 1 December 2004, by section 19(2) of the Land Transport Management Amendment Act 2004 (2004 No 97).

  • Schedule 3 Part 2 clause 10: amended, on 1 December 2004, by section 19(2) of the Land Transport Management Amendment Act 2004 (2004 No 97).

Schedule 4
Vehicle seizure and impoundment notice

r 8

Notice No:

(Issued under section 96 of the Land Transport Act 1998 (“the Act”))

Part 1

Driver's full name: [first names] [family name]

Full address:

DOB:

Occupation:

Telephone number:

Dlic. No:

Owner's name:

Full address:

DOB:

Occupation:

Telephone number:

Dlic. No:

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

    • *(d)you had a breath alcohol concentration exceeding 400 micrograms of alcohol per litre of breath or a blood alcohol concentration exceeding 80 milligrams of alcohol per 100 millilitres of blood, 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; or

    • *(e)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, 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.

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—

    • *(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; or

    • *(c)you failed to stop in the circumstances referred to in section 96(1AA) of the Act; or

    • *(d)you failed to stop in the circumstances referred to in section 96(1AB) of the Act.

THE VEHICLE DRIVEN OR OPERATED BY YOU

Reg. No or V.I.N.:

Make:

Year:

IS SEIZED AND IMPOUNDED FOR 28 DAYS.

It is to be impounded at:

Enforcement officer I.D.:

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.

  • If a blood sample has been taken, the impounded vehicle will be released to you when you are notified of the result of the blood test, but only if—

    • (a)the blood test shows you had a blood concentration of, or less than, 80 milligrams of alcohol per 100 millilitres of blood; and

    • (b)the result of the blood test is notified to you before the close of the 28-day impoundment period.

  • Schedule 4 Part 1: amended, on 1 December 2009, by section 40(1) of the Land Transport (Enforcement Powers) Amendment Act 2009 (2009 No 36).

  • Schedule 4 Part 1: amended, on 2 May 2003, by section 11 of the Land Transport (Unauthorised Street and Drag Racing) Amendment Act 2003 (2003 No 11).

  • Schedule 4 Part 1 paragraph (c): amended, on 16 January 2006, by section 95(9) of the Land Transport Amendment Act 2005 (2005 No 77).

  • Schedule 4 Part 1 paragraph (d): inserted, on 16 January 2006, by section 95(9) of the Land Transport Amendment Act 2005 (2005 No 77).

  • Schedule 4 Part 1 paragraph (e): inserted, on 16 January 2006, by section 95(9) of the Land Transport Amendment Act 2005 (2005 No 77).

  • Schedule 4 Part 1 paragraph (e): amended, on 16 January 2006, by regulation 3 of the Land Transport (Offences and Penalties) Amendment Regulations (No 3) 2005 (SR 2005/335).

  • Schedule 4 Part 1: amended, on 16 January 2006, by section 95(9) of the Land Transport Amendment Act 2005 (2005 No 77).

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 or released to a bailiff or constable executing a warrant to seize property under section 94 of the Summary Proceedings Act 1957.

    • Schedule 4 Part 2 paragraph 1: amended, on 1 December 2009, by section 40(1) of the Land Transport (Enforcement Powers) Amendment Act 2009 (2009 No 36).

  • 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. If you decide to appeal to the Police, you must lodge your appeal with the Police within 14 days of the date on which the vehicle was seized and impounded. After that time, you may appeal to the District Court only with the agreement of the Police, who must be satisfied that exceptional circumstances exist for not appealing to the Police within the 14-day period. These appeal rights are set out in full in sections 102 and 110 of the Act.

    • Schedule 4 Part 2 paragraph 3: amended, on 1 December 2009, by section 40(1) of the Land Transport (Enforcement Powers) Amendment Act 2009 (2009 No 36).

  • 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) or (1AB) 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

    • Schedule 4 Part 2 paragraph 4(b): amended, on 2 May 2003, by regulation 3(1) of the Land Transport (Offences and Penalties) Amendment Regulations 2003 (SR 2003/82).

    • Schedule 4 Part 2 paragraph 4(b)(iv): inserted, on 2 May 2003, by regulation 3(2) of the Land Transport (Offences and Penalties) Amendment Regulations 2003 (SR 2003/82).

    • Schedule 4 Part 2 paragraph 4(b)(v): inserted, on 2 May 2003, by regulation 3(2) of the Land Transport (Offences and Penalties) Amendment Regulations 2003 (SR 2003/82).

    • Schedule 4 Part 2 paragraph 4(b)(vi): inserted, on 16 January 2006, by section 95(9) of the Land Transport Amendment Act 2005 (2005 No 77).

    • Schedule 4 Part 2 paragraph 4(f): amended, on 2 May 2003, by section 11 of the Land Transport (Unauthorised Street and Drag Racing) Amendment Act 2003 (2003 No 11).

    • Schedule 4 Part 2 paragraph 4(g): inserted, on 2 May 2003, by section 11 of the Land Transport (Unauthorised Street and Drag Racing) Amendment Act 2003 (2003 No 11).

    • Schedule 4 Part 2 paragraph 4(g): amended, on 1 December 2009, by section 40(1) of the Land Transport (Enforcement Powers) Amendment Act 2009 (2009 No 36).

    • Schedule 4 Part 2 paragraph 4(h): inserted, on 2 May 2003, by section 11 of the Land Transport (Unauthorised Street and Drag Racing) Amendment Act 2003 (2003 No 11).

    • Schedule 4 Part 2 paragraph 4(h): amended, on 1 December 2009, by section 40(1) of the Land Transport (Enforcement Powers) Amendment Act 2009 (2009 No 36).

  • 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. You must lodge your appeal with the Police within 14 days of the date on which the vehicle was seized and impounded.

    • Schedule 4 Part 2 paragraph 5: amended, on 1 December 2009, by section 40(1) of the Land Transport (Enforcement Powers) Amendment Act 2009 (2009 No 36).

  • 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.)

    In addition, the vehicle may be seized by a bailiff or constable executing a warrant to seize property under section 94 of the Summary Proceedings Act 1957 or by a Registrar, bailiff, or constable executing a warrant of confiscation under section 132 of the Sentencing Act 2002.

    • Schedule 4 Part 2 paragraph 12: amended, on 1 December 2009, by section 40(1) of the Land Transport (Enforcement Powers) Amendment Act 2009 (2009 No 36).

    • Schedule 4 Part 2 paragraph 12: amended, on 2 May 2003, by section 11 of the Land Transport (Unauthorised Street and Drag Racing) Amendment Act 2003 (2003 No 11).

  • Vehicle and personal property 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, and any personal property found in the 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 or any personal property found in the vehicle.

    • Schedule 4 Part 2 paragraph 13 heading: amended, on 1 December 2009, by section 40(1) of the Land Transport (Enforcement Powers) Amendment Act 2009 (2009 No 36).

    • Schedule 4 Part 2 paragraph 13: amended, on 1 December 2009, by section 40(1) of the Land Transport (Enforcement Powers) Amendment Act 2009 (2009 No 36).

    • Schedule 4 Part 2 paragraph 13(a): amended, on 16 January 2006, by section 95(9) of the Land Transport Amendment Act 2005 (2005 No 77).

    • Schedule 4 Part 2 paragraph 13(c): amended, on 1 December 2009, by section 40(1) of the Land Transport (Enforcement Powers) Amendment Act 2009 (2009 No 36).

Schedule 5
Form of vehicle seizure and impoundment notice

r 8A

  • 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).

Form
Vehicle seizure and impoundment notice

Section 96A, Land Transport Act 1998

Notice No:

Driver's full name:

Full address:

   

Date of birth:

Occupation:

Telephone number:

Driver licence No:

Transport Service Operator's full name:

Full address:

   

Date of birth:

Time of seizure:

Date:

Street:

Location:

Telephone number:

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 or to a bailiff or constable executing a warrant to seize property under section 94 of the Summary Proceedings Act 1957.

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. You must lodge your appeal with the Police within 14 days of the date on which the vehicle was seized and impounded.

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.)

If you decide to appeal to the Police, you must lodge your appeal with the Police within 14 days of the date on which the vehicle was seized and impounded. After that time, you may only appeal to the District Court with the agreement of the Police, who must be satisfied that exceptional circumstances exist for not appealing to the Police within the 14-day period. In addition, the vehicle may be seized by a bailiff or constable executing a warrant to seize property under section 94 of the Summary Proceedings Act 1957 or by a Registrar, bailiff, or constable executing a warrant of confiscation under section 132 of the Sentencing Act 2002.

Vehicle and personal property 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, and any personal property found in the vehicle,—

  • (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 or any personal property found in the vehicle.

  • Schedule 5 form: amended, on 1 December 2009, by section 40(1) of the Land Transport (Enforcement Powers) Amendment Act 2009 (2009 No 36).

Marie Shroff,
Clerk of the Executive Council.

Issued under the authority of the Acts and Regulations Publication Act 1989.

Date of notification in Gazette: 1 April 1999.

Contents

  • 1General

  • 2About this eprint

  • 3List of amendments incorporated in this eprint (most recent first)

Notes
1 General

  • This is an eprint of the Land Transport (Offences and Penalties) Regulations 1999. It incorporates all the amendments to the regulations as at 1 December 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. For more information, see http://www.pco.parliament.govt.nz/reprints/.

2 About this eprint

  • 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.

3 List of amendments incorporated in this eprint (most recent first)