Land Transport (Offences and Penalties) Regulations 1999

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), 57A, 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), 57A, 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 the New Zealand Transport Agency.

  • 2A

    If a blood sample has been taken, the suspension will cease to have effect when you are notified of the result of the blood test, but only if—

    • the blood test shows that you had a blood alcohol concentration of, or less than, 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), 57A, 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 ID:

Station:

An outline of your rights of appeal under sections 101 and 109 of the Act is printed on the reverse of this page.

Part 2

Outline of your rights of appeal against the mandatory suspension of your driver licence
What are my appeal rights?
1

In the first instance you may appeal to the New Zealand Transport Agency and, if that appeal is unsuccessful, to the District Court. These appeal rights are set out in full in sections 101 and 109 of the Act.

What are the grounds for appeal?
2

The grounds for appeal are that—

(a)

the person whose driver licence was suspended was not the driver of the vehicle at the time of the act or omission that gave rise to the suspension; or

(b)

the enforcement officer who suspended your driver licence did not believe on reasonable grounds that—

(i)

you had undergone an evidential breath test under the Act and your breath-alcohol concentration was found to exceed 650 micrograms of alcohol per litre of breath; or

(ii)

you had undergone a blood test under the Act and your blood-alcohol concentration was found to exceed 130 milligrams of alcohol per 100 millilitres of blood; or

(iii)

you failed or refused to undergo a blood test after having been required or requested to do so under section 72 or section 73 of the Act; or

(iv)

you drove a motor vehicle on a road at a speed exceeding the applicable permanent posted speed limit by more than 40 km an hour (which speed was detected by a means other than approved vehicle surveillance equipment); or

(v)

you have been convicted of a previous offence against any of sections 56(1) or (2), 57A, 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), 57A, 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 one 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 the New Zealand Transport Agency 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 form: amended, on 10 May 2011, by section 100(3) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).

Schedule 3 form: amended, on 1 August 2008, by section 50(2) of the Land Transport Management Amendment Act 2008 (2008 No 47).

Schedule 3 form: amended, on 1 August 2008, pursuant to section 50(2) of the Land Transport Management Amendment Act 2008 (2008 No 47).

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

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

Schedule 3 form: amended, on 29 December 2001, by section 14(5) of the Land Transport (Road Safety Enforcement) Amendment Act 2001 (2001 No 104).