Land Transport (Alcohol Interlock) Regulations 2012

2012/202

Coat of Arms of New Zealand

Land Transport (Alcohol Interlock) Regulations 2012

Jerry Mateparae, Governor-General

Order in Council

At Wellington this 6th day of August 2012 

Present:
His Excellency the Governor-General in Council

Pursuant to section 167(1)(ia), (ib), and (n) of the Land Transport Act 1998, His Excellency the Governor-General, acting on the advice and with the consent of the Executive Council, makes the following regulations.

Regulations

1 Title
  • These regulations are the Land Transport (Alcohol Interlock) Regulations 2012.

2 Commencement
  • These regulations come into force on 10 September 2012.

3 Interpretation
  • (1) In these regulations,—

    device means an alcohol interlock device

    lease agreement means an agreement made under regulation 4(2)(a)

    section means a section of the Land Transport Act 1998

    vehicle means a motor vehicle.

    (2) In these regulations,—

    • (a) a reference to a vehicle that a person drives includes every vehicle that the person drives; and

    • (b) a reference to a device includes every device for every vehicle that the person drives.

4 Installation and removal of alcohol interlock devices
  • (1) In this regulation,—

    driver means—

    • (a) a person who applies for a licence under the authority of an order made under section 65A(2)(b)(i); or

    • (b) a person to whom an alcohol interlock licence has been issued

    provider means an approved provider.

    Installation

    (2) A driver must—

    • (a) make an agreement with a provider to lease from the provider a device for the vehicle that the driver drives; and

    • (b) ensure that the provider gives the driver a written or electronic statement that the device was in good working order when it was installed.

    (3) A driver who wants a device removed from a vehicle that the driver drove to be installed in a vehicle that the driver drives must ensure that the device's provider—

    • (a) installs it; and

    • (b) gives the driver a written or electronic statement that the device was in good working order when it was installed.

    Removal

    (4) A driver who wants a device removed from a vehicle that the driver drove for the purpose of installing the device in a vehicle that the driver drives must ensure that the device's provider removes it.

5 Circumstances in which Agency may authorise removal of alcohol interlock devices
  • (1) In this regulation,—

    driver means a person to whom an alcohol interlock licence has been issued

    vehicle means a vehicle that a driver drives in which a device is installed.

    (2) The Agency may authorise the removal of a device from a vehicle if the Agency is satisfied that—

    • (a) the vehicle—

      • (i) has been written off; or

      • (iv) has been seized under any other enactment or rule of law; or

    • (b) the driver—

      • (i) has died; or

      • (ii) has not complied with the lease agreement; or

      • (iii) is incapable of driving; or

      • (v) has had his or her alcohol interlock licence suspended, revoked, or cancelled; or

      • (vi) has sold the vehicle; or

      • (vii) intends to sell the vehicle; or

      • (viii) has left the country; or

      • (ix) intends to leave the country; or

    • (c) the driver is not the owner of the vehicle and the owner no longer agrees to the device being installed in the vehicle.

6 Removal of alcohol interlock requirements
  • (1) In this regulation,—

    applicant means the person referred to in section 100A(1)

    vehicle means a vehicle that an applicant drives.

    (2) For the purposes of section 100A(1)(a)(ii) and (b), the requirements imposed by these regulations are that—

    • (a) the applicant has complied with the lease agreement; and

    • (b) the applicant has not—

      • (i) tampered with the device; or

      • (ii) tried to circumvent the device; or

      • (iii) failed a test administered by the device; or

      • (iv) failed at least twice to take a retest administered by the device; or

      • (v) failed at least twice to present the vehicle for a scheduled inspection by the approved provider who installed the device in the vehicle.

Michael Webster,
for Clerk of the Executive Council.


Explanatory note

This note is not part of the regulations, but is intended to indicate their general effect.

These regulations provide the detail to make the alcohol interlock initiative effective. They come into force on 10 September 2012.


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

Date of notification in Gazette: 9 August 2012.

These regulations are administered by the Ministry of Transport.