Land Transport Act 1998

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Regulations

167 Regulations

(1)

The Governor-General may from time to time, by Order in Council, make regulations for all or any of the following purposes:

(a)

specifying those breaches of the rules that constitute offences against this Act:

(b)

specifying infringement offences for the purposes of this Act:

(c)

setting out defences to offences referred to in paragraph (a) or paragraph (b):

(d)

setting the maximum penalty for each offence prescribed under paragraph (a), which,—

(i)

in the case of an individual, may be a fine not exceeding $10,000; or

(ii)

in the case of a body corporate, may be a fine not exceeding $50,000:

(e)

setting the infringement fee for each offence prescribed under paragraph (b), which,—

(i)

in the case of an individual, may not exceed $2,000; or

(ii)

in the case of a body corporate, may not exceed $10,000; or

(iii)
[Repealed]

(iv)

in the case of an overloading or over-dimension offence, may not exceed $15,000:

(f)

setting the penalty for each overloading or over-dimension infringement offence against section 43:

(fa)

setting the infringement fee for a toll offence:

(g)

setting the number of demerit points to be recorded in relation to offences against this Act or any regulations (which offences are in connection with the driving of a motor vehicle), including regulations—

(i)

providing for a greater number of demerit points to be recorded in respect of a second or subsequent conviction for an offence:

(ii)

setting a graduated scale of demerit points for speeding offences:

(h)

creating offences against any regulations made under this Act; and setting the maximum penalty for each offence, which,—

(i)

in the case of an individual, may not exceed $10,000; or

(ii)

in the case of a body corporate, may not exceed $50,000:

(i)

declaring which offences against any rules, regulations, or bylaws made under this Act or the Transport (Vehicle and Driver Registration and Licensing) Act 1986 are—

(i)

moving vehicle offences:

(ii)

stationary vehicle offences:

(iii)

special vehicle lane offences:

(ia)

specifying the criteria that—

(i)

a person must meet to install or remove an alcohol interlock device:

(ii)

a person with an alcohol interlock licence must meet to apply for the removal of an alcohol interlock device from the person’s vehicle:

(ib)

specifying the circumstances in which the Agency may authorise the removal of an alcohol interlock device, whether or not the relevant person has met any criteria specified under paragraph (ia)(ii):

(j)

specifying the matters for which fees or charges are to be paid under this Act or any other enactment concerning land transport:

(k)

providing for the collection of land transport related fees and charges:

(l)

prescribing forms for the purposes of this Act:

(m)

specifying the conditions, requirements, and other provisions that must be included in arrangements the Commissioner or an authorised officer may enter into for the purposes of section 97 with vehicle recovery service operators or storage providers, including provisions specifying or providing for—

(i)

the investigations that may be carried out by the Commissioner or an authorised officer for the purposes of the arrangement:

(ii)

the qualifications or standards that must be met by employees of the operator or provider who are likely in the course of their duties to have contact with members of the public or access to impounded vehicles:

(iii)

the vetting of prospective employees of the operator or provider:

(iv)

measures to ensure the security of impounded vehicles and personal property carried in or on them:

(v)

the hours during which the Police and members of the public are to have access to the premises:

(vi)

the arrangements for the payment of fees and charges in respect of impounded vehicles:

(ma)

exempting any service or class or category of service from being a transport service for the purposes of Part 4A and Part 6A:

(mb)

exempting any vehicle or class or category of vehicle from being a transport service vehicle for the purposes of Part 4A and Part 6A:

(mc)

specifying that a substance, preparation, mixture, or article is not a qualifying drug for the purposes of this Act:

(n)

providing for such other matters as are contemplated by or necessary for giving full effect to the provisions of this Act and for its due administration.

(2)

The maximum number of demerit points that may be set by regulations made under subsection (1) in respect of any offence—

(a)

is 60 demerit points in the case of—

(i)

an offence against any of sections 35(1), 36(1), 38(1), and 39(1) (which relate to reckless or dangerous driving, careless or inconsiderate driving causing injury or death, and failing to stop after an accident):

(ii)

an offence against any of sections 56, 57, 57A, 58(1), 60(1), 61(1), 61(2), 62(1), and 62(1B) (which relate to offences involving alcohol or drugs):

(iii)

an offence against section 33(1) (which relates to applying for or obtaining a driver licence while disqualified from doing so):

(iv)

a first or second offence against section 32(1) (which relates to offences involving driving while disqualified or contrary to a limited licence or contrary to an alcohol interlock licence or a zero alcohol licence or while a licence is suspended or revoked) where the court does not order that the defendant be disqualified:

(b)

is 50 demerit points in the case of any other offence.

See secondary legislation made under this Act (if published on this website)

Compare: 1962 No 135 ss 77, 199; 1993 No 88 s 33

Section 167(1)(e)(iii): repealed, on 1 August 2012, by section 94 of the Road User Charges Act 2012 (2012 No 1).

Section 167(1)(e)(iv): added, on 22 June 2005, by section 78(1) of the Land Transport Amendment Act 2005 (2005 No 77).

Section 167(1)(e)(iv): amended, on 11 August 2017, by section 60(1)(a) of the Land Transport Amendment Act 2017 (2017 No 34).

Section 167(1)(e)(iv): amended, on 11 August 2017, by section 60(1)(b) of the Land Transport Amendment Act 2017 (2017 No 34).

Section 167(1)(f): amended, on 11 August 2017, by section 60(2) of the Land Transport Amendment Act 2017 (2017 No 34).

Section 167(1)(fa): inserted, on 13 November 2003, by section 90 of the Land Transport Management Act 2003 (2003 No 118).

Section 167(1)(i): substituted, on 10 May 2011, by section 87(1) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).

Section 167(1)(ia): inserted, on 10 May 2011, by section 87(1) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).

Section 167(1)(ib): inserted, on 10 May 2011, by section 87(1) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).

Section 167(1)(ma): inserted, on 1 October 2007, by section 78(2) of the Land Transport Amendment Act 2005 (2005 No 77).

Section 167(1)(mb): inserted, on 1 October 2007, by section 78(2) of the Land Transport Amendment Act 2005 (2005 No 77).

Section 167(1)(mc): inserted, on 1 November 2009, by section 25 of the Land Transport Amendment Act 2009 (2009 No 17).

Section 167(1)(mc): amended, on 1 November 2009, by section 34 of the Land Transport (Enforcement Powers) Amendment Act 2009 (2009 No 36).

Section 167(2)(a)(ii): amended, on 1 December 2014, by section 15 of the Land Transport Amendment Act (No 2) 2014 (2014 No 57).

Section 167(2)(a)(ii): amended, on 1 May 2011, by section 35(1) of the Land Transport Amendment Act 2009 (2009 No 17).

Section 167(2)(a)(ii): amended, on 1 November 2009, by section 39(2) of the Land Transport (Enforcement Powers) Amendment Act 2009 (2009 No 36).

Section 167(2)(a)(iv): amended, on 10 May 2011, by section 87(2) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).