New Zealand Legislation: Regulations
Regulations are laws made under Acts
Schedule 4 |
Notice No:
Driver's name: [first names] [family name]
Address:
DOB:
Occupation:
Dlic. No:
Owner's name:
Address:
Time of seizure:
Date:
Street:
Location:
Time of offence:
Date:
ADVICE TO DRIVER OR OPERATOR
I am required to seize and impound, or seize and authorise the impoundment of, the motor vehicle described below for 28 days because I believe, on reasonable grounds, that you drove the vehicle on a road while—
(Tick appropriate box)
*(a)you were disqualified from holding or obtaining a driver licence authorising you to drive that vehicle; or
*(b)your driver licence was for the time being suspended or was revoked; or
*(c)ou 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.
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.
THE VEHICLE DRIVEN OR OPERATOR 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 2 May 2003, by section 11 of the Land Transport (Unauthorised Street and Drag Racing) Amendment Act 2003 (2003 No 11).
Schedule 4 Part 1paragraph (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).
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.
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.
3 If you are the owner of the motor vehicle which has been seized and impounded, you may appeal against the seizure and impoundment of the vehicle. In the first instance you may appeal to the Police and, if that appeal is unsuccessful, to the District Court. These appeal rights are set out in full in sections 102 and 110 of the Act.
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
(B) had been convicted of 2 or more offences against section 56(1) or (2), section 58(1), section 60(1), or section 61(1) or (2) of the Act within the last 4 years; or
(c) the enforcement officer who seized the vehicle did not comply with the notice requirements set out in section 96(2) of the Act; or
(d) the owner did not know and could not reasonably have been expected to know that the driver was not permitted to drive; or
(e) the owner took all reasonable steps to prevent the driver from driving the vehicle; or
(f) the driver drove the vehicle in a serious medical emergency (including carrying a person who was about to give birth to a child); or
(g) if section 96(1A) of the Act applies, the owner did not know and could not reasonably be expected to know that the operator of the vehicle would contravene section 22A(1) or (3) of the Act (whichever applies); or
(h) if section 96(1A) of the Act applies, the owner took all reasonable steps to prevent the operator of the vehicle from contravening section 22A(1) or (3) of the Act (whichever applies).
Schedule 4 Part 2 clause 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 clause 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 clause 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 clause 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 clause 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 clause 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 clause 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).
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.
6 The initial appeal against the impoundment of a vehicle will be determined by an enforcement officer.
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.
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.
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.
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.
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.
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.)
Schedule 4 Part 2 clause 12: amended, on 2 May 2003, by section 11 of the Land Transport (Unauthorised Street and Drag Racing) Amendment Act 2003 (2003 No 11).
13 The storage provider may apply to an enforcement officer authorised by the Commissioner of Police for approval to dispose of the impounded vehicle if—
(a) 10 days have elapsed since the close of the impoundment period; and
(b) The vehicle owner or a person authorised by the owner has not claimed the vehicle and has not paid the towage and storage fees and charges or entered into an arrangement to pay those fees and charges; and
(c) No other person has established to the satisfaction of the authorised officer that the person is entitled to possession of the vehicle.
Schedule 4 Part 2 clause 13(a): amended, on 16 January 2006, by section 95(9) of the Land Transport Amendment Act 2005 (2005 No 77).