Land Transport Act 1998

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Reprint as at 1 July 2018

Land Transport Act 1998

Public Act		1998 No 110
Date of assent		8 December 1998
Commencement		see section 1

Note

Changes authorised by subpart 2 of Part 2 of the Legislation Act 2012 have been made in this official reprint.

Note 4 at the end of this reprint provides a list of the amendments incorporated.

This Act is administered by the Ministry of Transport.

	Title
1	Short Title and commencement
	Part 1 Preliminary provisions
2	Interpretation
2A	Transitional, savings, and related provisions
3	Act to bind the Crown
	Part 2 Primary responsibilities of participants in land transport system
	General responsibilities
4	General requirements for participants in land transport system
5	Drivers to be licensed
6	Vehicles to be safe and operated in compliance with rules
7	Drivers not to be reckless or dangerous
8	Drivers not to be careless or inconsiderate
9	Loads transported by vehicles to be secured
	Responsibilities of road users under ordinary and emergency rules
10	Road users and others to comply with ordinary rules and emergency rules
	Responsibilities concerning use of alcohol or drugs
11	Drivers not to exceed specified alcohol limits
11A	Persons may not drive or attempt to drive while impaired and their blood contains evidence of use of qualifying drug
12	Persons not to drive while under influence of alcohol or drugs
	Responsibilities of drivers and other road users concerning enforcement officers
13	Drivers and other road users to comply with directions of enforcement officers, etc
	Part 3 Additional responsibilities concerning road transport
14	False or misleading information not to be given
15	Persons not to impersonate enforcement officers
16	Heavy motor vehicles not to be overloaded or in breach of dimension requirements
16A	Temporary restriction of heavy traffic on roads
16B	Interference with operation of speed measuring devices
17	Distance recorders not to be altered
18	Doctors and optometrists to give Agency medical reports of persons unfit to drive
19	Licences of certain persons subject to Mental Health (Compulsory Assessment and Treatment) Act 1992 to be suspended
20	Traffic surveys not to be conducted unless approved by Agency
21	Enforcement officers to ameliorate hazards
22	Driver’s duties where accident occurs
22A	Persons not to engage in unauthorised street or drag racing, or other related prohibited activities on roads
	Bylaws
22AB	Road controlling authorities may make certain bylaws
22AC	Minister may amend, replace, or disallow bylaws
22AD	Consultation
22AE	Publication and proof of bylaws
22AF	Warning notices
	Traction engine safety
22B	Operators of traction engines to hold appropriate current qualification
22C	Traction engine to be safe and operated in compliance with regulations and rules
	Part 4 Driver licensing
23	Issue of driver licences
24	Agency may issue temporary driver licences
24A	Authorised persons may request driver licences for certain persons
25	Minimum age for driver licensing
26	Drivers may be tested and examined
27	Suspension and revocation of licences
28	Photographic driver licence
28A	Transitional provisions for photographic driver licences
29	Certain driver licences have no effect
29A	Persons convicted of specified serious offences prohibited from holding passenger endorsement
29B	Passenger endorsement may be reinstated in certain cases
30	Driver licences are property of Agency and are to be surrendered in certain circumstances
	Part 4A Transport services licensing
	Subpart 1—Primary responsibilities of holders of transport service licences
30A	Requirements for vehicles
30B	Provision of identification information in Braille [Repealed]
	Subpart 2—Fit and proper person test
	Assessment criteria
30C	General safety criteria
30D	Additional criteria for small passenger service and vehicle recovery service
30E	Additional criteria for large passenger service
30F	Additional criteria for goods service
	Information requirements
30G	Agency may require information for fit and proper person assessment
30H	Agency’s duties concerning prejudicial information
30I	Non-disclosure by Agency of information for safety reasons
	Subpart 3—Licensing of transport services
30J	Transport service operators must be licensed
30K	Application for transport service licence
30L	Grant of licence
30M	Conditions of goods service licence
30N	Transfer, assignment, or lease of transport service licence prohibited
30O	Term of transport service licence
30P	Driver must have or drive under transport service licence
30Q	Records to be kept by facilitator of facilitated cost-sharing arrangement
30R	Agency may revoke approval [Repealed]
	Subpart 4—Revocation of transport service licences
30S	When Agency may revoke transport service licence
30T	Procedure Agency must follow before revoking transport service licence
30U	Suspension of transport service licence
	Subpart 5—Adverse decisions
30V	Interpretation
30W	Agency to notify proposal to make adverse decision
30X	Procedure for consideration of information
30Y	Agency’s determination
	Part 4B Work time and logbooks
30Z	Application of Part
30ZA	Agency may grant exemptions or approve alternative fatigue management schemes
	Subpart 1—Work time
30ZB	Application of subpart
30ZC	Limits on work time
30ZD	Records must be kept
	Subpart 2—Logbooks
30ZE	Application of subpart
30ZF	Drivers must maintain logbooks
30ZG	Agency may approve or revoke alternative means of recording matters
30ZH	Duties regarding logbooks
	Subpart 3—Evidence in proceedings
30ZI	Evidence in proceedings for offences against subpart 1 or subpart 2
	Part 5 Offences relating to driving (other than alcohol-related offences) and penalties
	Offences relating to driver licensing
31	Contravention of sections 5(1)(a), 5(1)(b), 5(4), 30(2), 30(3), or 30(4A)
32	Contravention of section 5(1)(c)
33	Contravention of section 5(2) or (3)
33A	Offence to operate as driving instructor without authorisation
	Offences relating to driving (other than offences involving alcohol)
34	Contravention of section 6
35	Contravention of section 7, or section 22 where no injury or death involved
36	Contravention of section 7 or section 22 involving injury
36AA	Contravention of section 7 by causing death of another person
36A	Contravention of section 22A
36AB	Contravention of sections 7 and 114 [Repealed]
36B	Contravention of section 22B or section 22C
37	Contravention of section 8
38	Contravention of section 8 causing injury or death
39	Aggravated careless use of vehicle causing injury or death
	Offences relating to rules
40	Contravention of ordinary rules
41	Contravention of emergency rules
	Loading offences
42	Failure to secure load
43	Overloading and over-dimension offences
43A	Courts may impose appropriate fines for infringement offences that are not overloading offences
	Other offences
44	Contravention of section 14
45	Contravention of section 17
46	Contravention of section 20
47	Contravention of section 22(2), (3), (4), or (5)
48	Contravention of section 92(4)
49	Contravention of section 97(5) or (6)
50	Contravention of section 117(2)
51	Contravention of section 198(4)
52	Contravening notices, requirements, etc, given or imposed by enforcement officers
52A	Contravention of section 114
53	Obstruction of enforcement officer or dangerous goods enforcement officer
54	Personation of enforcement officer
55	Tampering with vehicle surveillance equipment
55A	Offences concerning alcohol interlock devices
	Part 6 Driving offences involving drink or drugs, and penalties and procedures
	Offences and penalties
56	Contravention of specified breath or blood-alcohol limit
57	Contravention of specified breath or blood-alcohol limit by person younger than 20
57AA	Contravention of specified breath or blood alcohol limit by holder of alcohol interlock licence or zero alcohol licence
57A	Driving while impaired and with blood that contains evidence of use of qualifying drug
58	Contravention of section 12
59	Failure or refusal to remain at specified place or to accompany enforcement officer
60	Failure or refusal to permit blood specimen to be taken or to undergo compulsory impairment test
61	Person in charge of motor vehicle causing injury or death
62	Causing injury or death in circumstances to which section 61 does not apply
63	Further penalty in certain cases where person driving vehicle used in transport service
	Defences
64	Defences
	Mandatory disqualification and assessment for repeat offences
65	Mandatory disqualification and assessment for repeat offences
65A	Alcohol interlock requirements for repeat offences or certain first time offences involving use of alcohol [Repealed]
	Mandatory alcohol interlock sentence for repeat offences and certain first offences
65AB	Qualifying offences
65AC	Alcohol interlock sentence
65AD	Injury or death
65AE	Period of disqualification
65AF	Alcohol interlock sentence disqualifies person from driving except under alcohol interlock licence
65AG	Alcohol interlock licence requirements
65AH	When court may take alcohol interlock sentence into account
65AI	Exceptions: persons who are not to be given alcohol interlock sentence
65AJ	Effect of subsequent qualifying offences on alcohol interlock sentence
65AK	Effect of other subsequent offences on alcohol interlock licence
	Mandatory zero alcohol requirements for repeat offences
65B	Mandatory zero alcohol requirements for repeat offences and certain first offences
	Name suppression [Repealed]
66	Names of drivers convicted of alcohol or drug-related offences may not be suppressed [Repealed]
	Blood test fee
67	Blood test fee
	Enforcement procedures for offences involving intoxication
68	Who must undergo breath screening test
69	Who must undergo evidential breath test
70	Person may be required to undergo further evidential breath test if initial test fails to produce result
70A	Right to elect blood test
71	Meaning of apparently younger than 20
71A	Requirement to undergo compulsory impairment test
72	Who must give blood specimen at places other than hospital or surgery
73	Who must give blood specimen in hospital or surgery
73A	Evidence of controlled drug in blood sample taken under section 72 or 73 may not be used as evidence of use of controlled drugs in prosecutions under Misuse of Drugs Act 1975
74	Procedure for dealing with blood specimens
	Evidential provisions
75	Certificates in blood-alcohol proceedings
75A	Certificates of compliance for evidential breath-testing devices
76	Presumptions relating to blood specimens
77	Presumptions relating to alcohol-testing
78	Presumptions as to age of driver
79	Circumstances in which certificate not admissible in proceedings
	Part 6A Offences relating to transport services and penalties
79A	Offence to carry on transport service without licence
79AB	Offence to drive vehicle used in transport service without licence
79B	Provision of incorrect information
79C	Failure to present vehicle for inspection
79D	Contravention of section 30K
79E	Liability of persons who use unlicensed transport service
79F	Contravention of section 30M
79G	Contravention of section 87G
79H	Contravention of section 128A
79HA	Failure to keep or produce records
79I	Contravention of section 128B
79J	Liability of employers and principal
79K	Liability of directors of bodies corporate
79L	Court may require convicted transport service licence holder to sit examination
79M	Penalties for failure to pay service fares, etc
	Part 6B Offences relating to work time and logbooks
	Subpart 1—Work time
79N	Failure to keep or produce records or comply with conditions of exemption or approval
79O	Failure to comply with prescribed work time restrictions or rest time requirements
79P	Defences to work time offences
79PA	Matters to be taken into account in imposing penalty for offence against section 79O
	Subpart 2—Logbooks
79Q	Failure to discharge duties regarding logbooks
79R	Offences and proceedings concerning logbooks
79S	Defences to logbook offences
	Part 6C Offences relating to chain of responsibility
79T	Offence to cause or require driver to breach speed limits, maximum work time, or rest time requirements
79U	Offence to cause or require driver to breach maximum gross weight limits
79V	Search warrants in relation to offences against section 79T or 79U
	Part 7 Disqualification, demerit points, licence suspension, and vehicle impoundment
	Disqualification
80	General penalty of disqualification may be imposed if offence involves road safety
81	Mandatory disqualification: court’s discretion if special reasons relating to offence
82	Effect of disqualification
82A	Application for reinstatement if suspended for any period (other than under section 95), or disqualified for period not exceeding 12 months
82B	Transitional provision concerning application of section 82A
82C	Application for reinstatement following expiry of alcohol interlock licence or zero alcohol licence
83	Holder to undergo approved tests or courses if disqualified for more than 1 year
84	New licence to be issued if disqualified driver qualifies for specified vehicle classes
85	When disqualification starts
86	Term of disqualification if person already disqualified
87	Particulars of certain court orders to be sent to Agency and offender
	Disqualification of transport service driver and other persons
87A	Disqualification of transport service driver
87B	Disqualification of holder of transport service licence from holding transport service licence
87C	Procedure for disqualifying person under section 87A or section 87B
	Suspension of transport service driver and other persons
87D	Immediate suspension of transport service driver and other persons in interests of public safety
87E	Procedure for suspending persons under section 87D
87F	Term of suspension
	Effect of disqualification or suspension of transport service driver and other persons
87G	Effect of disqualification or suspension of transport service driver and other persons
	Demerit points system
88	Demerit points to be recorded by Agency
89	Notice of demerit points
90	Suspension of licence or disqualification from driving under demerit points system
91	Cancellation and reinstatement of demerit points
	Driver licence stop orders
91A	Interpretation
91B	Ways in which warning notice or driver licence stop order must be served
91C	Liability to driver licence stop order
91D	Warning notice to be served on defendant
91E	Imposition of driver licence stop order
91F	Effect of driver licence stop order
91G	Cancellation of driver licence stop order
91H	Termination of driver licence stop order if traffic fine paid or resolved
	Other penalties
92	Compulsory attendance at driving improvement course or dangerous goods course
93	Court may order compulsory driving test
94	Substitution of community-based sentences
	Mandatory suspension of driver licence
95	Mandatory 28-day suspension of driver licence in certain circumstances
95A	Extension of 28-day suspension period of driver licence under section 95
	Impoundment of vehicles
96	Vehicle seized and impounded for 28 days in certain circumstances
96A	Impoundment of vehicle used in transport service
97	Storage of impounded vehicles
98	Release of vehicle after 28 days
	Prohibiting sale or disposal of motor vehicles
98A	Commissioner may prohibit sale or disposal of certain motor vehicles
98B	Appeal of notice to District Court
	Part 8 Mitigation of penalties and rights of appeal
	Removal of disqualifications
99	Court may reduce disqualification
99A	Agency may approve programmes
100	Agency to remove certain disqualifications
100A	Agency may authorise removal of alcohol interlock device and certify that requirements of alcohol interlock sentence have been fulfilled
100B	Court may cancel alcohol interlock sentence and disqualify driver instead
100C	Court may impose alcohol interlock sentence if exception no longer applies
	Removal of licence suspension and return of impounded vehicles
101	Appeal to Agency against mandatory suspension of driver licence
102	Appeal to Police against impoundment of vehicle
	Grant of limited licence
103	Persons who may apply to court for limited licence
104	Issue of limited licence to be delayed or prohibited in certain cases
105	Court may make order authorising grant of limited licence
	Rights of appeal
106	General right of appeal to District Court
107	Appeals against court orders relating to disqualification or grant of limited licence, and deferral of disqualification
108	Appeal against Agency’s refusal to remove disqualification or replace alcohol interlock licence with zero alcohol licence
109	Appeal against refusal of Agency to remove suspension of driver licence
110	Appeal against refusal of Police to direct release of impounded vehicle
111	Procedure
111A	Appeal to High Court on question of law
111B	Further appeal to Court of Appeal
	Demerit points
112	Effect of appeal on demerit points
	Part 9 Enforcement of responsibilities
	General enforcement powers
113	Enforcement officers may enforce transport legislation
113A	Power to inspect records
114	Power to require driver to stop and give name and address, etc
115	Enforcement officers may give directions prohibiting driving of vehicles
116	Enforcement of directions
117	Moved vehicle not to be damaged and to be returned to person entitled to possession
118	Requirement to give information as to identity of driver or passenger
	Powers of entry, arrest, immobilisation, and impoundment
119	Powers of entry
120	Arrest of persons for alcohol or drug-related offences, or assault on enforcement officer
121	Enforcement officer may immobilise vehicle, etc, in specified circumstances
121A	Enforcement officer may give directions or immobilise vehicle if driver breaches certain licence conditions
122	Enforcement officer may seize and impound vehicle for up to 12 hours in emergency
123	Enforcement officer may seize and impound vehicle for up to 7 days in relation to certain offences
	Enforcement powers for offences involving certain vehicles
124	Inspection of vehicles required to have evidence of vehicle inspection and certificate of loading
125	Stopping, inspection, and weighing of heavy vehicles and certain transport service vehicles
126	Off-loading of overloaded vehicle
127	Protection against claims resulting from action under section 125 or section 126
128	Enforcement officer to order heavy vehicle to stop until load secured
128A	Enforcement officer’s powers in respect of non-complying small passenger service vehicles
128B	Enforcement officer’s powers in respect of non-complying vehicle recovery service vehicles
128C	Enforcement officer’s powers in respect of certain motor vehicles subject to service inspection and certification requirements
128D	Appointment of parking wardens
128E	Powers of parking wardens
128F	Powers of enforcement officers in relation to public transport service fares
	Dangerous goods
129	Vehicles may be inspected and directed to remain stopped for contravening dangerous goods rules
130	Power to inspect railway lines
131	Power to inspect premises used for loading and unloading of dangerous goods
132	Inspection powers concerning dangerous goods
	Part 10 Proceedings enforcing responsibilities
133	Owner liability for moving vehicle offences and special vehicle lane offences
133A	Owner liability for stationary vehicle offences
134	Strict liability for offences involving insecure loads and loads falling from vehicles
	Commencement of proceedings
135	Commencing proceedings, and jurisdiction, for offences
136	Time for instituting proceedings
	Certain matters not defences
137	Compliance with speed limit and certain other matters not to be defences
	Infringement offences
138	Infringement offences
139	Issue of infringement notice
139A	Towage fees if parking offences prosecuted
140	Contents of infringement and reminder notices
141	Provisions relating to infringement fees
	Evidence
142	Evidence of driver history relating to infringement fees
143	Evidence of driver licence
144	Evidence in certain proceedings
145	Evidence of approved vehicle surveillance equipment
145A	Evidence and proof
146	Evidence of testing and accuracy of speed-measuring devices, etc
147	Evidence of accuracy of weighing devices and sites
147A	Certification of accuracy of alternative weighing technology
148	Presumptions relating to axle weights and dangerous goods
149	Admissibility of certain statements by drivers of certain vehicles
150	Evidence of certain documents
151	Evidence of rules
	Part 11 Land transport subordinate legislation
152	Power of Minister to make ordinary rules
152A	Governor-General may make ordinary rules
153	Rules concerning road user behaviour
154	Rules concerning driver licensing
155	Rules concerning vehicles
156	Rules concerning dangerous goods
157	Rules concerning roads
158	Rules concerning licensing, standard-setting, etc
159	Rules concerning land transport documents
160	Other provisions concerning ordinary rules
161	Procedure concerning ordinary rules
	Emergency rules
162	Agency may make emergency rules
163	Procedure for making emergency rules
	General provisions concerning making of rules
164	Matters to have regard to when making or recommending rules
165	Incorporation by reference
166	Agency may grant exemptions
166A	Agency may grant exemptions to New Zealand Defence Force
	Regulations
167	Regulations
168	Regulations relating to fees and charges for land transport
168A	Agency may declare that vehicle is mobility device or is not motor vehicle
168B	Order in Council for certain land transport revenue [Repealed]
168C	Piloting fees
	Part 12 The Crown and land transport
169	Objectives of Minister
169A	Functions of Minister
	Part 13 Land transport strategies [Repealed]
	National land transport strategy
170	National land transport strategy [Repealed]
171	Procedure for completing national land transport strategy [Repealed]
172	Currency of national land transport strategy [Repealed]
173	Amendment or revocation of national land transport strategy [Repealed]
174	Effect of national land transport strategy [Repealed]
	Regional land transport strategies
175	Regional land transport strategies [Repealed]
176	Currency of regional land transport strategies [Repealed]
177	Copies of regional land transport strategy to be made available to certain persons [Repealed]
178	Regional land transport committees [Repealed]
179	Consultation requirements for preparation of regional land transport strategies [Repealed]
180	Regional councils to consider contracting out functions under this Act [Repealed]
181	Effect of regional land transport strategies [Repealed]
182	Annual reports on regional land transport strategy [Repealed]
183	Certain territorial authorities to prepare land transport strategy [Repealed]
	Part 14 Administrative provisions
184	Land Transport Safety Authority of New Zealand continued [Repealed]
185	Authority to be Crown entity [Repealed]
186	Director of Land Transport [Repealed]
187	Acting Director [Repealed]
188	Use of words Land Transport Safety Authority [Repealed]
	Role of Land Transport Safety Authority and Director [Repealed]
189	Principal objective of Authority [Repealed]
190	Functions of Authority [Repealed]
191	Authority to comply with policy directions [Repealed]
192	Performance agreement [Repealed]
193	Minister may determine content of agreement or amendment [Repealed]
194	Amendment of agreement [Repealed]
195	Service charter [Repealed]
	Powers and additional functions of Authority and Director [Repealed]
196	Authority to have powers of natural person [Repealed]
197	Functions and powers of Director [Repealed]
198	Inspections and audits
199	Agency to maintain register of driver licences
199A	Register of transport service licences
200	Restrictions on access to photographic images of driver licence holders
	Use of outside agencies in performance of functions [Repealed]
201	Authority to consider delegating or contracting out of functions and powers [Repealed]
202	Authority may arrange for services to be provided by outside agencies [Repealed]
	Delegations
203	Authority may delegate functions or powers to employees [Repealed]
204	Director may delegate functions or powers to employees of Authority [Repealed]
205	Director may delegate functions or powers to persons outside Authority [Repealed]
206	General provisions concerning delegations under sections 204 and 205 [Repealed]
207	Delegation of Minister’s functions or powers to Agency
	Part 15 Miscellaneous provisions
208	Appointment of enforcement officers and dangerous goods enforcement officers
209	Taking of blood specimens for statistical or research purposes
209AA	Expiry and repeal of section 209(2A) to (2C)
209A	Analysing blood specimens for statistical or research purposes related to use of drugs or alcohol
210	Service of notices
211	Commissioner to provide traffic accident reports
211A	Payment of fees
212	Agency to pay sum to assessment centres
213	Customs control over imported vehicles
213A	Public right of way at level crossings
	Part 16 Repeals, amendments to other enactments, and transitional and savings provisions
214	Repeals
215	Amendments to other enactments
216	Transitional regulations
217	Expiry of section 216 [Repealed]
218	Regulations and other enactments having effect under this Act
219	Expiry of section 218 [Repealed]
220	Rules having effect under this Act
221	Appointments
222	Saving of certain land transport documents
223	Transfer provisions for certain employees of Agency
224	Saving of certain notices issued by enforcement officers
224A	Saving of certain directions given by parking wardens
224B	Savings of bylaws made under certain Acts
225	Savings relating to court orders, proceedings, etc
226	Saving of notices suspending driver licences
227	Saving of demerit points
228	Saving of certain applications under Transport Act 1962
229	Savings relating to rules and land transport strategies
230	Savings relating to functions of Agency
231	Savings relating to blood specimens taken under Transport Act 1962
232	Savings relating to blood specimens taken under this Act and posted in accordance with Transport Act 1962
	Part 17 Motor vehicle registration and licensing
	Preliminary provisions
233	Interpretation matters applying to this Part
	Register of motor vehicles
234	Register of motor vehicles
235	Purposes of register
236	Application for information from register
237	Entitlement to receive information
238	Registrar may confirm or deny match of information
239	Further restrictions
240	Complaints procedure
241	Authorised access to name and address only
	Registration and licensing requirements
242	Motor vehicles must be registered and licensed
243	Application for registration
244	Application for, and issuing of, licence
245	Commencement of licence
246	Change of use of motor vehicle
	Change of registered person on sale or other disposition
247	Obligations of sellers and acquirers of motor vehicles
248	Prohibition against use of motor vehicle
249	Circumstances when motor vehicle may be seized and impounded
250	Personal property
251	Storage of impounded motor vehicles
252	Release of motor vehicle
253	Disposal of motor vehicle
254	Impounded motor vehicle not to be damaged
	Cancellation of registration
255	Cancellation of registration
256	Discretion to refund fees
	Registration plates
257	Issue of plates and certificates of registration
258	Supplementary plates
259	Contract to dispose of rights to personalised plates
260	Acquisition and disposal of personalised plates
261	Eligibility for trade plates
262	Application for trade plates
263	Transitional provision for existing registration plates
	General provisions relating to registration and licensing
264	Replacement of certificate of registration, licence, or registration plates
265	Surrender and seizure of registration plates and facsimile plates
266	Registrar may prohibit or decline to issue plates
267	Appeal to District Court
	Offences and penalties
268	Infringement offences
	Regulations
269	Regulations
269A	Additional fee for certain RUC vehicles
270	Fees and charges identified as land transport revenue
	Appointment
271	Appointment of Registrar
	Delegations and authorisations
272	Delegations
273	Authorisations by Registrar
	Fees and charges
274	Land transport revenue to be paid into national land transport fund
275	Other prescribed fees received under this Part
	Schedule 1 Transitional, savings, and related provisions
	Schedule 1 Provisions concerning Land Transport Safety Authority of New Zealand [Repealed]
	Schedule 2 Enactments repealed
	Schedule 3 Enactments amended
	Schedule 4 New Parts 1, 2, 5, 7, 8, 9, and 10 substituted in Schedule 2 of Transport Act 1962
	Land Transport (Enforcement Powers) Amendment Act 2009
	Reprint notes

An Act—

(a)

to promote safe road user behaviour and vehicle safety; and

(b)

to provide for a system of rules governing road user behaviour, the licensing of drivers, and technical aspects of land transport, and to recognise reciprocal obligations of persons involved; and

(c)

to consolidate and amend various enactments relating to road safety and land transport; and

(d)

to enable New Zealand to implement international agreements relating to road safety and land transport

1 Short Title and commencement

(1)

This Act may be cited as the Land Transport Act 1998.

(2)

Sections 5(4), 23, 24, 25, 28, 31(1)(c), 95, 96(1), (2), (3), and (5), and 199 come into force on a date to be appointed by the Governor-General by Order in Council; and different dates may be appointed by 1 or more Orders in Council for different provisions.

(3)

The repeals specified in clauses 1 to 14 of Part 4 of Schedule 2 come into force on a date to be appointed by the Governor-General by Order in Council; and different dates may be appointed by 1 or more Orders in Council for different provisions in that schedule.

(4)

[Repealed]

(5)

The rest of this Act comes into force on 1 March 1999.

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

Section 1(2): sections 5(4), 23, 24, 25, 28, 31(1)(c), 95, 96(1), (2), (3), and (5), and 199 brought into force, on 3 May 1999, by clause 2 of the Land Transport (Commencement of Provisions) Order 1999 (SR 1999/96).

Section 1(3): Schedule 2 Part 4 clause 9 brought into force, on 1 March 1999, by clause 2 of the Land Transport (Commencement of Repeals) Order 1999 (SR 1999/28).

Section 1(3): Schedule 2 Part 4 clauses 3, 5, and 13 brought into force, on 3 May 1999, by clause 2 of the Land Transport (Commencement of Repeals) Order (No 2) 1999 (SR 1999/97).

Section 1(3): Schedule 2 Part 4 clause 1 brought into force, on 27 February 2005, by clause 2 of the Land Transport (Commencement of Repeals) Order 2004 (SR 2004/452).

Section 1(4): repealed, on 29 June 2009, by section 4 of the Land Transport Amendment Act 2009 (2009 No 17).

Part 1 Preliminary provisions

2 Interpretation

(1)

In this Act, unless the context otherwise requires,—

accompany, in relation to the accompanying of an enforcement officer to a place, includes remaining with an enforcement officer at a place whether or not a journey is involved

Agency means the New Zealand Transport Agency established under section 93 of the Land Transport Management Act 2003

alcohol interlock device means a device that—

(a)

is a part of the starting system of a motor vehicle; and

(b)

uses breathalyser technology to determine whether the starting system should start the motor vehicle; and

(c)

is, for the purposes of sections 65AB to 65AK, approved by the Minister of Transport (after consulting the Science Minister) by notice in the Gazette

alcohol interlock licence means a driver licence issued to a person who has been authorised to obtain an alcohol interlock licence by an order of a court made under section 65AC

alcohol interlock sentence has the meaning given in section 65AC

alternative fuel system means a fuel storage and conducting system that is used to provide liquid petroleum gas, compressed natural gas, or any other pressurised liquid or gaseous fuel (other than petrol or diesel) for the purpose of propulsion of a vehicle

ambulance means a motor vehicle designed and used principally for the carriage of sick or injured persons

apparently younger than 20 has the same meaning as it has in section 71

approved analyst means—

(a)

a person who is designated by the Science Minister, by notice in the Gazette, as the analyst in charge of an approved laboratory; or

(b)

a person who works in an approved laboratory and who is authorised, by the analyst in charge of that laboratory, to act as an approved analyst, either generally or in a particular case

approved health authority means an institution approved by the Minister, with the agreement of the Minister of Health, for the purposes of section 209

approved laboratory means a laboratory approved by the Science Minister, by notice in the Gazette, for the purposes of analysing blood specimens taken for the purposes of this Act

approved provider, in relation to alcohol interlock devices, means a person approved by the Agency to install, maintain, or remove alcohol interlock devices

approved vehicle surveillance equipment means vehicle surveillance equipment of a kind approved by the Minister of Police, by notice in the Gazette

assessment centre means an establishment or individual for the time being approved as an assessment centre for the purposes of this Act by the chief executive of the Ministry of Health

axle means 1 or more shafts, spindles, or bearings in the same vertical transverse plane by means of which, in conjunction with wheels mounted on those shafts, spindles, or bearings, a portion of the weight of the vehicle is transmitted to the roadway; and, except as the provisions of this Act or of the rules otherwise provide, the following provisions apply for the purposes of this Act and the regulations and rules:

(a)

if 2 or more wheels of a motor vehicle are substantially in the same line transversely and some or all of them have separate axles, the axles of all those wheels are to be treated as 1 axle:

(b)

if the longitudinal centre line of an axle of a motor vehicle is less than 1 metre distant from the longitudinal centre line of another axle, the 2 axles are to be treated as 1 axle (a dual axle):

(c)

for the purposes of measuring the distance of a dual axle from any other axle, the measurement must be taken from the longitudinal centre line of that one of the 2 axles comprising the dual axle which is nearer to the axle from which the distance is to be measured

blood specimen means a specimen of venous blood taken in accordance with normal medical procedures

blood specimen collecting instrument means—

(a)

a needle and syringe; or

(b)

an instrument of a kind designed for the taking of blood specimens approved by the Minister of Police (after consulting the Science Minister and the Minister of Transport) by notice in the Gazette

blood specimen collecting kit means a package having endorsed on it or affixed to it or included in it a label indicating that it is a blood specimen collecting kit and that it has been supplied by or on behalf of a laboratory for the time being approved by the Science Minister, by notice in the Gazette, for the purpose of supplying or causing to be supplied blood specimen collecting kits

blood specimen collecting procedure means the taking of a blood specimen by a blood specimen collecting instrument in a manner prescribed by the Minister of Police by notice in the Gazette

blood test means the analysis of a blood specimen

blood test fee means the fee for the analysis of a blood specimen prescribed by the Minister of Police, by notice in the Gazette, under section 67

breath screening device means a device of a kind approved for the purpose of breath screening tests by the Minister of Police, by notice in the Gazette

breath screening test means a test carried out by means of a breath screening device in a manner prescribed in respect of that device by the Minister of Police, by notice in the Gazette

carriage includes haulage

certificate of compliance means a certificate given under section 75A by a person authorised by the Science Minister

certificate of loading means a certificate of loading issued under the regulations or the rules

Commissioner means the Commissioner of Police

compulsory impairment test means a test, carried out in a manner prescribed by the Minister of Police by notice in the Gazette, to determine whether a person’s capacity to drive is impaired

concurrent offence means an offence—

(a)

that is not a qualifying offence; and

(b)

that occurred as part of the same series of events as the facts that gave rise to the person’s conviction for a qualifying offence; and

(c)

for which the offender may or must be disqualified from holding or obtaining a driver licence under this Act or under section 124 of the Sentencing Act 2002

control, in relation to a transport service, means direct or indirect control of the management of the whole or part of the transport service by a shareholding or the holding of any position (however described) in the management of the whole or part of the transport service that gives the person a significant influence on the operation of the whole or part of the service (whether or not other persons are also involved)

court means the District Court

cruising means driving repeatedly in the same direction over the same section of a road in a motor vehicle in a manner that—

(a)

draws attention to the power or sound of the engine of the motor vehicle being driven; or

(b)

creates a convoy that—

(i)

is formed otherwise than in trade; and

(ii)

impedes traffic flow

cumulative work day means a period—

(a)

during which work occurs; and

(b)

that—

(i)

does not exceed 24 hours; and

(ii)

begins after a continuous period of rest time of at least 10 hours

cumulative work period means a set of cumulative work days between continuous periods of rest time of at least 24 hours

dangerous goods means goods declared by rules made under this Act to be dangerous goods

dangerous goods enforcement officer means a person appointed by warrant under section 208

design, in relation to a motor vehicle, refers to the construction of the motor vehicle, and not its use or intended use; and designed has a corresponding meaning

doctor’s surgery means a medical practitioner’s surgery or any other place where a medical examination or medical care or treatment is carried out or given

drink means alcoholic drink

driver, in relation to a vehicle, includes the rider of the motorcycle or moped or bicycle; and drive has a corresponding meaning

driver licence means a licence to drive that is issued or has effect under this Act; and includes an endorsement on a driver licence

driver licence stop order means an order imposed under section 91E

enforcement authority, in relation to an infringement offence, means (except in relation to Part 17)—

(a)

the New Zealand Police, in any case:

(b)

the Agency, in the case of an infringement offence for which an infringement notice is issued by an employee of the Agency or on behalf of the Agency:

(ba)

an airport authority:

(c)

[Repealed]

(d)

a local authority, in the case of an infringement offence for which an infringement notice is issued by an employee of the local authority or on behalf of the local authority:

(e)

a public road controlling authority that is an enforcement authority for the purposes of an Order in Council made under section 46 of the Land Transport Management Act 2003, in the case of an infringement offence that is a toll offence

enforcement officer means—

(a)

a constable:

(b)

a Police employee who is not a constable who is authorised for the purpose by the Commissioner:

(c)

a person who is appointed to that office by warrant under section 208 or who holds that office by virtue of this Act

evidence of vehicle inspection, in relation to a vehicle, means any certificate, label, or document issued under this Act as evidence of the completion of the periodic vehicle inspection requirements in respect of that vehicle

evidential breath test means a test carried out by means of an evidential breath-testing device in a manner prescribed in respect of that device by the Minister of Police, by notice in the Gazette

evidential breath-testing device means a device of a kind approved for the purpose of evidential breath tests by the Minister of Police, by notice in the Gazette

facilitate, in relation to a small passenger service,—

(a)

means to enable drivers and passengers to connect by electronic or any other means (for example, by telephone, Internet site, application, or software); but

(b)

does not include the mere provision of an answering or call centre service

facilitated cost-sharing arrangement means a small passenger service that is facilitated by a facilitator (whether or not the facilitator is paid) under which a passenger is carried in return for the driver’s costs being reimbursed, which costs—

(a)

may be up to a maximum amount per kilometre set by the Minister by notice in the Gazette (for example, the costs of fuel and reasonable vehicle wear and tear); but

(b)

may not include—

(i)

payment for the driver’s driving or travelling time; or

(ii)

any infringement fee incurred in the course of the journey; or

(iii)

registration and licensing costs for the driver or the driver’s vehicle

facilitator means a person who facilitates a small passenger service

financial year, in relation to the Agency, means the period of 12 months commencing on 1 July and ending with the close of 30 June

fire brigade includes—

(a)

a defence fire brigade and an industry brigade (as those terms are defined in section 6 of the Fire and Emergency New Zealand Act 2017); and

(b)

employed firefighters or other members of a defence fire brigade or an industry brigade; and

(c)

employees, volunteers, and contractors of Fire and Emergency New Zealand who are operational personnel delivering designated services (as those terms are defined in section 6 of the Fire and Emergency New Zealand Act 2017)

former enactment means a provision of the Transport Act 1962, or of Part 2 of the Transport (Vehicle and Driver Registration and Licensing) Act 1986, or of the Land Transport Act 1993, repealed by this Act

goods means all kinds of movable personal property; and includes articles sent by post, and animals

goods service—

(a)

means the carriage of goods on any road, whether or not for hire or reward, by means of a motor vehicle whose gross vehicle mass is 6 000 kg or more; and

(b)

includes the letting on hire of a motor vehicle whose gross vehicle mass is 6 000 kg or more by a person who drives the vehicle or provides a driver for the vehicle, where the motor vehicle is used for the carriage of goods; but

(c)

does not include—

(i)

a vehicle recovery service; or

(ii)

a service involving the carriage of goods for personal domestic purposes where the service is not operated for more than a total of 7 days in any 12-month period; or

(iii)

any carriage of goods by a passenger service vehicle where the carriage is part of a contract for the carriage of passengers or where the carriage is of such small amounts of goods, or occurs so infrequently, that it does not form a significant part of the overall operations of the vehicle; or

(iv)

the use of trucks by licensed motor vehicle dealers to carry goods for demonstration and sale purposes; or

(v)

the use of vintage vehicles to carry goods for display purposes; or

(vi)

the use of trailers towed by small passenger service vehicles to carry passengers’ luggage; or

(vii)

any service specified as an exempt goods service in the regulations or the rules

goods service licence means a licence granted or deemed to be granted under subpart 3 of Part 4A that authorises its holder to carry on a goods service

goods service vehicle—

(a)

means a motor vehicle used or capable of being used in a goods service for the carriage of goods; but

(b)

does not include a vehicle specified as an exempt goods service vehicle in the regulations or the rules

gross vehicle mass means the maximum safe operating mass for a vehicle (including the mass of any accessories, crew, passengers, or load) that is derived from the design, capabilities, and capacities of the vehicle’s construction, systems, and components, and that—

(a)

is determined by—

(i)

the Agency; or

(ii)

the manufacturer of the vehicle; or

(iii)

if the vehicle is modified after manufacture, a certifier approved by the Agency; and

(b)

may be recorded in kilograms on the register of motor vehicles

gross weight, in relation to a vehicle or combination of vehicles, means the weight of the vehicle or of the vehicles comprising the combination, together with the load that the vehicle or (as the case may be) the vehicles are for the time being carrying, including equipment and accessories; and, for the purposes of this Act and of the regulations and the rules, and without limiting the methods by which the gross weight of a vehicle may be determined, the gross weight of a vehicle may be determined by adding the weight on its axles or groups of axles

health practitioner has the same meaning as in section 5 of the Health Practitioners Competence Assurance Act 2003

heavy motor vehicle means a motor vehicle (other than a motorcar that is not used, kept, or available for the carriage of passengers for hire or reward) having a gross vehicle mass exceeding 3 500 kg

heavy traffic means—

(a)

the use of any heavy motor vehicle; or

(b)

any other traffic declared to be heavy traffic by the Agency by notice in the Gazette

hospital means a hospital care institution within the meaning of section 58(4) of the Health and Disability Services (Safety) Act 2001

image, in relation to approved vehicle surveillance equipment, includes a photograph, an electronic form of information storage, and the display and transmission of any pictorial or digital information

infringement offence means—

(a)

a moving vehicle offence:

(ab)

a stationary vehicle offence:

(b)

an overloading or over-dimension offence:

(ba)

an offence against this Act concerning logbooks that is committed by a transport service driver:

(c)

an infringement offence specified in regulations made under this Act:

(ca)

a toll offence:

(d)

any other offence against this Act or any other enactment that is specified as an infringement offence against this Act (other than an offence that carries a penalty of imprisonment or mandatory disqualification from holding or obtaining a driver licence)

large passenger service means a passenger service provided in a large passenger service vehicle

large passenger service licence means a licence granted or deemed to be granted under subpart 3 of Part 4A that authorises its holder to carry on a large passenger service

land transport means transport on land by any means and the infrastructure facilitating such transport; and includes rail, surface-effect vehicles, and harbour ferries

land transport documents means licences, permits, approvals, authorisations, exemptions, certificates, and similar documents issued under the Transport Act 1962, the Road User Charges Act 2012, the Transport (Vehicle and Driver Registration and Licensing) Act 1986, the Government Roading Powers Act 1989, or this Act

land transport register includes—

(a)

registers kept under this Act, the Railways Act 2005, or the Road User Charges Act 2012; and

(b)

other information and records relating to vehicle and operator licensing kept by the Agency

large passenger service vehicle means any passenger service vehicle that is designed or adapted to carry more than 12 persons (including the driver)

licensed means,—

(a)

in relation to a driver,—

(i)

licensed by or under this Act to drive vehicles of a specified class or classes; or

(ii)

licensed for a specified purpose or to carry out a specified activity, including an authority conferred by an endorsement on a driver licence:

(b)

in relation to a vehicle, licensed under Part 17

light rail vehicle has the same meaning as in section 4(1) of the Railways Act 2005

light rental service vehicle means a rental service vehicle having a gross vehicle mass of not more than 3 500 kg

load—

(a)

includes part of a load; and

(b)

includes covers, ropes, ties, blocks, tackles, barrows, or other equipment or object used in the securing or containing of loads on vehicles or the loading or unloading of vehicles, whether or not any other load is on the vehicle; but

(c)

does not include animal wastes discharged from animals being carried on a vehicle at the time

local authority means any regional council or territorial authority within the meaning of the Local Government Act 2002

logbook means a logbook that is in a form approved by the Agency in accordance with the rules, and includes any alternative means approved under section 30ZG

mass, in relation to a vehicle, means the quantity of material contained in or on that vehicle that, when subjected to acceleration due to gravity, will exert downwards on a level surface a force that can be measured as the weight of the vehicle

medical expenses means the expenses incurred by a medical practitioner or medical officer in taking a blood specimen

medical laboratory technologist means a health practitioner who is, or is deemed to be, registered with the Medical Sciences Council of New Zealand continued by section 114(1)(a) of the Health Practitioners Competence Assurance Act 2003 as a practitioner of the profession of medical laboratory science

medical officer means—

(a)

a person acting in a hospital and who, in the normal course of the person’s duties, takes blood specimens; or

(b)

a nurse; or

(c)

a medical laboratory technologist

medical practitioner means a health practitioner who is, or is deemed to be, registered with the Medical Council of New Zealand continued by section 114(1)(a) of the Health Practitioners Competence Assurance Act 2003 as a practitioner of the profession of medicine

member means a person appointed as a member of the Agency

Minister means the Minister of the Crown who, under the authority of any warrant or with the authority of the Prime Minister, is for the time being responsible for the administration of this Act or the relevant Part or provision of this Act

Minister of Police means, subject to any enactment, the Minister who, under authority of any warrant or with the authority of the Prime Minister, is for the time being responsible for the Police

Ministry means, subject to any enactment, the Ministry that is, with the approval of the Prime Minister, for the time being responsible for the administration of this Act

mobility device means—

(a)

a vehicle that—

(i)

is designed and constructed (not merely adapted) for use by persons who require mobility assistance due to a physical or neurological impairment; and

(ii)

is powered solely by a motor that has a maximum power output not exceeding 1 500 W; or

(b)

a vehicle that the Agency has declared under section 168A(1) to be a mobility device

moped means a motor vehicle (other than a power-assisted pedal cycle) that has—

(a)

2 or 3 wheels; and

(b)

a maximum speed not exceeding 50 kilometres per hour; and

(c)

either—

(i)

an engine cylinder capacity not exceeding 50 cc; or

(ii)

a power source other than a piston engine

motor vehicle—

(a)

means a vehicle drawn or propelled by mechanical power; and

(b)

includes a trailer; but

(c)

does not include—

(i)

a vehicle running on rails; or

(ii)

[Repealed]

(iii)

a trailer (other than a trailer designed solely for the carriage of goods) that is designed and used exclusively as part of the armament of the New Zealand Defence Force; or

(iv)

a trailer running on 1 wheel and designed exclusively as a speed measuring device or for testing the wear of vehicle tyres; or

(v)

a vehicle designed for amusement purposes and used exclusively within a place of recreation, amusement, or entertainment to which the public does not have access with motor vehicles; or

(vi)

a pedestrian-controlled machine; or

(vii)

a vehicle that the Agency has declared under section 168A is not a motor vehicle; or

(viii)

a mobility device

motorcycle—

(a)

means a motor vehicle running on 2 wheels, or not more than 3 wheels when fitted with a sidecar; and

(b)

includes a vehicle with motorcycle controls that is approved as a motorcycle by the Agency; but

(c)

does not include a moped

moving vehicle offence means an offence detected by approved vehicle surveillance equipment that is—

(a)

a speeding offence; or

(b)

an offence in respect of the failure to comply with the directions given by a traffic signal or a traffic sign that is a variable traffic or lane control sign; or

(c)

any offence against regulations made under this Act or the Transport (Vehicle and Driver Registration and Licensing) Act 1986 that is declared by regulations under this Act to be a moving vehicle offence for the purposes of this definition; or

(d)

a toll offence

non-serviced area means an area that is identified on an Internet site maintained by or on behalf of the Agency and—

(a)

is 70 km or more from an approved provider’s service centre or is on an island without an approved provider’s service centre; and

(b)

is not able to be serviced by an approved provider via remote technology

novice driver has the meaning specified by the rules

nurse means a health practitioner who is, or is deemed to be, registered with the Nursing Council of New Zealand continued by section 114(1)(a) of the Health Practitioners Competence Assurance Act 2003 as a practitioner of the profession of nursing whose scope of practice permits the performance of general nursing functions

offence against this Act includes an offence against or prescribed by the regulations

operate, in relation to a vehicle, means to drive or use the vehicle on a road, or to cause or permit the vehicle to be on a road or to be driven on a road, whether or not the person is present with the vehicle; and operator has a corresponding meaning

optometrist means a health practitioner who is, or is deemed to be, registered with the Optometrists and Dispensing Opticians Board continued by section 114(1)(a) of the Health Practitioners Competence Assurance Act 2003 as a practitioner of the profession of optometry

organised criminal activity means an activity that—

(a)

involves 2 or more persons; and

(b)

has the acquisition of income or assets by means of a continuing course of criminal conduct as one of its objects

outputs means the goods and services that are produced by the Agency

over-dimension offence means an offence against any enactment that is specified as an over-dimension offence by the regulations

overloading offence means an offence against any enactment that is specified as an overloading offence by the regulations

owner, in relation to a motor vehicle, means the person lawfully entitled to possession of the vehicle, except where—

(a)

the motor vehicle is subject to a bailment that is for a period not exceeding 28 days; or

(b)

the motor vehicle is let on hire pursuant to the terms of a rental-service licence,—

in which case owner means the person who, but for the bailment or letting on hire, would be lawfully entitled to possession of the motor vehicle; and owned and ownership have corresponding meanings

parking means,—

(a)

in relation to any portion of a road where parking is for the time being governed by the location of parking meters placed pursuant to a bylaw of a local authority, the stopping or standing of a vehicle on that portion of the road for any period exceeding 5 minutes:

(b)

in relation to any other portion of a road, the stopping or standing of a vehicle on that portion of the road

parking offence means an offence described in paragraph (a) of the definition of stationary vehicle offence

parking warden means a person appointed to hold the office of parking warden under section 128D

participant, in relation to the land transport system, means a person who does anything for which a land transport document is required

passenger service—

(a)

means—

(i)

the carriage of passengers on any road for hire or reward by means of a motor vehicle; and

(ii)

the carriage of passengers on any road, whether or not for hire or reward, by means of a large passenger service vehicle; and

(b)

includes the carriage of passengers on any road—

(i)

that involves a specific charge on passengers for transport, including part payments to cover fuel and donations (which are expected as a condition of carriage); or

(ii)

by a person or an organisation that is funded by another person or organisation specifically for the provision of transport; or

(iia)

after a connection between a passenger and a small passenger service facilitated by a facilitator; or

(iii)

in which the carriage of passengers is an integral part of, or reasonably necessary to provide, another service or activity (other than a transport service) for which payment is made; or

(iv)

in which the carriage of passengers is made using the vehicle provided by one of the passengers and the driver is paid for the carriage; or

(v)

that involves the letting on hire of a vehicle by a person who drives the vehicle or provides a driver for the vehicle if, during the hiring, the vehicle is used for the carriage of passengers; but

(c)

does not include—

(i)

private ambulance services provided by organisations primarily for their employees, being ambulance services that are available to the general public in an emergency only when public ambulance services cannot provide a service; or

(ii)

any service using a vehicle that is specified as an exempt passenger service vehicle in the regulations or the rules; or

(iii)

any service specified as an exempt passenger service in the regulations or the rules

passenger service vehicle—

(a)

means a vehicle used or available for use in a passenger service for the carriage of passengers; but

(b)

does not include—

(i)

a vehicle designed or adapted to carry 12 or fewer persons (including the driver) provided by one of the passengers being carried; or

(ii)

a vehicle specified as an exempt passenger service vehicle in the regulations or the rules

passive breath-testing device means a passive breath-testing device of a kind approved by the Minister of Police, by notice in the Gazette

permanent speed limit means a maximum speed limit set by a regulation or rule made under this Act and that is in force except when a holiday, variable, minimum, or temporary speed limit is in force

positive, in relation to an evidential breath test, means an evidential breath test that indicates,—

(a)

in the case of a person who holds an alcohol interlock licence or a zero alcohol licence, that the breath of the person who underwent the test contains alcohol; or

(b)

in the case of a person who is apparently younger than 20, that the breath of the person who underwent the test contains alcohol; or

(c)

in the case of any other person, that the proportion of alcohol in the breath of the person who underwent the test exceeds 250 micrograms of alcohol per litre of breath

premises, in sections 130 and 131, includes a vehicle, rail vehicle, carriage, box, or receptacle; but does not include a dwelling or Maori reservation constituted by or under the Maori Affairs Act 1953 or Part 17 of Te Ture Whenua Maori Act 1993

prescribed means,—

(a)

in relation to a matter under this Act, prescribed by this Act or by regulations, rules, or notice made under this Act:

(b)

in relation to a matter prescribed under any other enactment, prescribed in accordance with that enactment

prescription medicine has the same meaning as in section 3(3) of the Medicines Act 1981

private analyst means a person qualified by academic or technical training in chemical or biochemical analysis; and includes a body corporate or organisation that employs such a person

proceedings, in relation to an infringement offence, means proceedings under the Criminal Procedure Act 2011 or the Summary Proceedings Act 1957; and includes the issue of an infringement notice under section 139

qualifying bylaw means a bylaw made by a road controlling authority under section 22AB(1)(a) of this Act, or section 145 of the Local Government Act 2002 for the stated purpose of—

(a)

restricting or placing conditions on the racing of motor vehicles or any associated activities:

(b)

controlling or restricting cruising or any associated activities

qualifying drug—

(a)

means any substance, preparation, mixture, or article containing—

(i)

a controlled drug specified in Schedule 1, Schedule 2, or Part 1, 4, or 7 of Schedule 3 of the Misuse of Drugs Act 1975; and

(ii)

any of the following drugs:

(A)

Alprazolam:

(B)

Bromazepam:

(C)

Brotizolam:

(D)

Camazepam:

(E)

Chlordiazepoxide:

(F)

Clobazam:

(G)

Clonazepam:

(H)

Clotiazepam:

(I)

Cloxazolam:

(J)

Delorazepam:

(K)

Diazepam:

(L)

Estazolam:

(M)

Ethyl loflazepate:

(N)

Fludiazepam:

(O)

Flunitrazepam:

(P)

Flurazepam:

(Q)

Halazepam:

(R)

Haloxazolam:

(S)

Ketazolam:

(T)

Loprazolam:

(U)

Lorazepam:

(V)

Lormetazepam:

(W)

Medazepam:

(X)

Midazolam:

(Y)

Nimetazepam:

(Z)

Nitrazepam:

(ZA)

Nordazepam:

(ZB)

Oxazepam:

(ZC)

Oxazolam:

(ZD)

Pinazepam:

(ZE)

Prazepam:

(ZF)

Temazepam:

(ZG)

Tetrazepam:

(ZH)

Triazolam; and

(b)

includes—

(i)

any controlled drug analogue (within the meaning of controlled drug analogue in section 2(1) of the Misuse of Drugs Act 1975); and

(ii)

any prescription medicine; but

(c)

excludes any substance, preparation, mixture, or article specified in paragraph (a) or (b)(i) if it is excluded by regulations made under this Act

qualifying offence is an offence described in section 65AB(1)

rail operator has the same meaning as in section 4(1) of the Railways Act 2005

rail participant has the same meaning as in section 4(1) of the Railways Act 2005

rail vehicle has the same meaning as in section 4(1) of the Railways Act 2005

regional council means a regional council within the meaning of the Local Government Act 2002

registered, in relation to a vehicle, means registered under Part 17

Registrar, in relation to the execution of a warrant of confiscation, means any Registrar of the High Court or of the District Court, as the case may require, and includes a Deputy Registrar

the regulations means regulations made under this Act and the regulations referred to in section 218

rental service means the letting of a motor vehicle on hire for the carriage of passengers (including the driver) or of goods, or both, to a person who drives the vehicle or provides a driver for the vehicle; but does not include—

(a)

the letting of a motor vehicle under a hire purchase agreement or a bailment that is for a period exceeding 6 months; or

(b)

the hiring of trailers with a gross vehicle mass not exceeding 3 500 kg; or

(c)

any service specified as an exempt rental service in the regulations or the rules

rental service licence means a licence granted or deemed to be granted under subpart 3 of Part 4A that authorises its holder to carry on a rental service

rental service vehicle means a vehicle used or available for use in a rental service for letting on hire for the carriage of passengers or goods, or both, to a person who drives the vehicle or provides a driver for the vehicle; but does not include a vehicle specified as an exempt vehicle in this Act or the regulations or the rules

representative means an agent authorised by a small passenger service operator to—

(a)

engage with the Agency on matters relating to the operator’s compliance with the relevant requirements of this Act, the regulations, and the rules; and

(b)

accept service of legal documents on behalf of the operator

responsible clinician has the same meaning as it has in section 2(1) of the Mental Health (Compulsory Assessment and Treatment) Act 1992

rest time means all time that—

(a)

is not work time; and

(b)

is at least 30 minutes in duration; and

(c)

is not spent in a moving vehicle associated with work

road includes—

(a)

a street; and

(b)

a motorway; and

(c)

a beach; and

(d)

a place to which the public have access, whether as of right or not; and

(e)

all bridges, culverts, ferries, and fords forming part of a road or street or motorway, or a place referred to in paragraph (d); and

(f)

all sites at which vehicles may be weighed for the purposes of this Act or any other enactment

road controlling authority, in relation to a road,—

(a)

means the authority, body, or person having control of the road; and

(b)

includes a person acting under and within the terms of a delegation or authorisation given by the controlling authority

the rules means the ordinary rules and emergency rules made under this Act and the rules referred to in section 220

Science Minister means, subject to any enactment, the Minister of the Crown who, under the authority of any warrant or with the authority of the Prime Minister, is for the time being responsible for the administration of the Research, Science, and Technology Act 2010

Secretary means the chief executive of the Ministry

service, in Part 4A, includes—

(a)

an operation carried out on 1 occasion only; and

(b)

an operation carried out solely for the benefit of the persons carrying it out

site, in section 147, means a site where a dynamic axle weigher is used

small passenger service means a passenger service provided in—

(a)

a small passenger service vehicle; or

(b)

a vehicle designed or adapted to carry 12 or fewer persons (including the driver) that is provided by one of the passengers being carried; or

(c)

a vehicle designed or adapted to carry 12 or fewer persons (including the driver) that is being used in a facilitated cost-sharing arrangement

small passenger service licence means a licence granted or deemed to be granted under subpart 3 of Part 4A that authorises its holder to carry on or facilitate a small passenger service

small passenger service operator—

(a)

means a person who carries on a small passenger service; and

(b)

includes a facilitator; but

(c)

does not include any other person who is a driver in the small passenger service or who otherwise assists in the small passenger service

small passenger service vehicle means any passenger service vehicle that is designed or adapted to carry 12 or fewer persons (including the driver)

special vehicle lane has the meaning given to it in clause 1.6 of the Land Transport (Road User) Rule 2004

speed limit means a speed limit set by or under this Act, the Local Government Act 1974, the Government Roading Powers Act 1989, or the rules

speeding offence means an offence which consists solely of exceeding a speed limit

stationary vehicle offence means—

(a)

parking in any portion of a road in breach of—

(i)

any Act or regulation; or

(ii)

any bylaw made under section 22AB(1)(m) to (o):

(b)

any offence specified as a stationary vehicle offence in regulations made under this Act

storage provider means a person who stores vehicles impounded under this Act

territorial authority means a territorial authority within the meaning of the Local Government Act 2002

toll has the same meaning as in section 5 of the Land Transport Management Act 2003

toll offence means an offence against section 54(1) of the Land Transport Management Act 2003

towage fee, in respect of a parking offence, means an amount specified as the towage fee in respect of that offence by the Secretary by notice in the Gazette; and, for the purposes of this definition, the Secretary may prescribe different rates of towage fees in respect of different classes of persons, vehicles, products, or any other property or item, or on the basis of different times of use, or different distances, or on any other differential basis

traction engine means a vehicle that—

(a)

is propelled by steam power; and

(b)

is not a rail vehicle within the meaning of section 4(1) of the Railways Act 2005; and

(c)

is not designed for the carriage of goods or persons other than the driver and, if appropriate, other persons involved in its operation

traffic control device includes any—

(a)

sign, signal, or notice; or

(b)

traffic calming device; or

(c)

marking or road surface treatment—

used on a road for the purpose of traffic control

transport service—

(a)

means any goods service, passenger service, rental service, or vehicle recovery service; but

(b)

does not include—

(i)

licensed rail participants under the Railways Act 2005; and

(ii)

any service specified as an exempt transport service in the regulations or the rules

transport service driver means any person who is, or is from time to time, employed or engaged in driving a vehicle being used in a transport service other than a rental service, whether or not that person is licensed or required to hold a licence to drive such a vehicle

transport service licence means any of the following licences granted or deemed to be granted under subpart 3 of Part 4A:

(a)

a goods service licence:

(b)

a large passenger service licence:

(c)

a rental service licence:

(d)

a small passenger service licence:

(e)

a vehicle recovery service licence

transport service operator—

(a)

means a person who carries on a transport service; and

(b)

includes, in relation to a small passenger service, a facilitator; but

(c)

does not include any other person who is a driver in the transport service or who otherwise assists in the transport service

transport service vehicle means any goods service vehicle, passenger service vehicle, rental service vehicle, or vehicle recovery service vehicle; but does not include—

(a)

a rail vehicle under the Railways Act 2005; or

(b)

a vehicle running on self-laying tracks or rollers; or

(c)

a vehicle that operates solely on or in areas to which the public does not have access as of right (whether or not that vehicle is used on a road in connection with that vehicle’s inspection, servicing, or repair, or for the purposes of a practical driving test required under any enactment); or

(d)

a vehicle used as a place of abode to the extent that it is not used in a rental service; or

(e)

a vehicle listed as a farm vehicle in Part 1 of the Schedule of the Transit New Zealand (Apportionment and Refund of Excise Duty) Regulations 1998 or in any provisions made in substitution for that schedule; or

(f)

a tractor (being a motor vehicle designed principally for traction at speeds not exceeding 50 km per hour); or

(g)

a forklift (being a motor vehicle designed principally for lifting and stacking goods by means of 1 or more forks, tines, platens, or clamps); or

(h)

a hearse; or

(i)

a traction engine

unladen weight, in relation to a vehicle, means the weight of the vehicle together with the fuel in its fuel system (if any) and the equipment and accessories on it that are necessary for its operation for the purpose for which it was designed

unlicensed, in relation to a driver, includes holding an expired licence

vehicle—

(a)

means a contrivance equipped with wheels, tracks, or revolving runners on which it moves or is moved; and

(b)

includes a hovercraft, a skateboard, in-line skates, and roller skates; but

(c)

does not include—

(i)

a perambulator or pushchair:

(ii)

a shopping or sporting trundler not propelled by mechanical power:

(iii)

a wheelbarrow or hand-trolley:

(iv)

[Repealed]

(v)

a pedestrian-controlled lawnmower:

(vi)

a pedestrian-controlled agricultural machine not propelled by mechanical power:

(vii)

an article of furniture:

(viii)

a wheelchair not propelled by mechanical power:

(ix)

any other contrivance specified by the rules not to be a vehicle for the purposes of this definition:

(x)

any rail vehicle

vehicle recovery service—

(a)

means the towing or carrying on any road of a motor vehicle, irrespective of the size or design of the towing or carrying vehicle, and whether or not the towing or carrying of the vehicle is carried out by a person intending to carry out repairs on the vehicle; but

(b)

does not include—

(i)

the towing or carrying of any motorcycle or moped; or

(ii)

the towing or carrying of one motor vehicle by another where—

(A)

the towing or carrying is not carried out directly or indirectly for reward; and

(B)

the towing or carrying vehicle is not designed or adapted for the purpose of towing or carrying motor vehicles; or

(iii)

the towing or carrying of a vehicle by a person who owns the vehicle; or

(iv)

the towing of disabled vehicles using a rope or flat tow by—

(A)

a person employed by, or contracted to, a motoring association or insurance company where the towing is limited to removal of the vehicle to a place of safety; or

(B)

the owner or employee of a garage or workshop who intends to carry out repairs to the vehicle; or

(v)

the removal of vehicles by New Zealand Defence Force tow trucks at the request of an enforcement officer; or

(vi)

routine towing services operated by New Zealand Defence Force personnel in areas where there is no suitable and available commercial towing service nearby; or

(vii)

any service where the Agency has provided the transport service operator with a written notice that—

(A)

must be carried in the vehicle used in the service; and

(B)

specifies that the nature of the service is such that the carriage of vehicles should be treated as the carriage of goods; or

(viii)

any service specified as an exempt vehicle recovery service in the regulations or the rules

vehicle recovery service licence means a licence granted or deemed to be granted under subpart 3 of Part 4A that authorises its holder to carry on a vehicle recovery service

vehicle recovery service vehicle—

(a)

means a vehicle used or available for use in a vehicle recovery service for towing or carrying on a road any motor vehicle; but

(b)

does not include any vehicle specified as an exempt vehicle recovery service vehicle in the regulations or the rules

weight,—

(a)

in relation to a wheel, an axle, a group of axles, or a vehicle, means the weight, or, as the case may be, the sum of the weights, recorded or displayed on a weighing device of a type approved for the purpose by the Minister of Police, by notice in the Gazette, and used in a manner prescribed by the Minister of Police, by notice in the Gazette:

(b)

in relation to the load on a vehicle, means the gross weight of the vehicle less its unladen weight

work time includes (but is not limited to) all the time spent—

(a)

driving a vehicle to which section 30ZB(1) applies:

(b)

performing work-related duties, including (but not limited to)—

(i)

loading and unloading:

(ii)

maintenance and cleaning of vehicles (other than unpaid cleaning outside working hours):

(iii)

administration or recording:

(c)

in any paid employment (other than paid leave or paid breaks of at least 30 minutes’ duration), whether or not related to transport activities

zero alcohol licence means a licence that—

(a)

is issued to a person who is authorised to obtain the licence by a court order referred to in section 65B(1); and

(b)

authorises the person to drive on the condition that neither the person’s breath nor the person’s blood contains alcohol.

(1A)

If a transport service includes the use of vehicles that are specified as exempt vehicles in the regulations or the rules, the operation of those vehicles is not to be treated as part of the operation of the service.

(2)

A notice or replacement notice given by any Minister in the Gazette for any purpose specified in subsection (1) or in section 75A(5), and a corresponding notice given under any former enactment and continued in force by this Act, is a legislative instrument and a disallowable instrument for the purposes of the Legislation Act 2012 and may be amended from time to time, or revoked or replaced, by the responsible Minister in the same manner.

(3)

A notice or replacement notice under subsection (1) that is given by the Minister of Police in the Gazette for the purposes of approving a kind of device or a test may—

(a)

define an approved device as a device that bears or is associated by its manufacturer with such trade name or number or other expression, or any combination of those things, as may be specified in the notice:

(b)

provide for a test, or part of a test, to be carried out in accordance with instructions displayed or printed on or by a specified kind of device.

(4)

In the absence of proof to the contrary, a device is to be treated as bearing or being associated with a particular trade name or number or other expression if that name or number or other expression—

(a)

appears on the device, whether on a label or otherwise, or is shown on a display panel on the device; or

(b)

is printed out by the device on a card or on paper; or

(c)

appears on printed matter that—

(i)

accompanies the device; and

(ii)

is associated with the device or is intended by the manufacturer of the device to be associated with the device; and

(iii)

is issued by or on behalf of the manufacturer.

(5)

Despite anything in subsection (1), for the purposes of any proceedings against an offence of failing to comply with work time restrictions or rest time requirements, where no continuous period of rest of least 10 hours is or has been taken, a cumulative work day is to be treated as a period that—

(a)

begins from the commencement of any work time; and

(b)

ends only after a continuous period of rest of at least 10 hours is taken.

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

Compare: 1962 No 135 ss 2, 57A

Section 2(1) Agency: inserted, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

Section 2(1) alcohol interlock device: inserted, on 10 May 2011, by section 4(17) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).

Section 2(1) alcohol interlock device paragraph (c): amended, on 1 July 2018, by section 5(1) of the Land Transport Amendment Act 2017 (2017 No 34).

Section 2(1) alcohol interlock licence: inserted, on 10 May 2011, by section 4(17) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).

Section 2(1) alcohol interlock licence: amended, on 1 July 2018, by section 5(2) of the Land Transport Amendment Act 2017 (2017 No 34).

Section 2(1) alcohol interlock sentence: inserted, on 1 July 2018, by section 5(4) of the Land Transport Amendment Act 2017 (2017 No 34).

Section 2(1) approved provider: inserted, on 10 May 2011, by section 4(17) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).

Section 2(1) approved taxi organisation: repealed, on 1 October 2017, by section 61(1) of the Land Transport Amendment Act 2017 (2017 No 34).

Section 2(1) assessment centre: amended, on 11 August 2017, by section 89(1) of the Land Transport Amendment Act 2017 (2017 No 34).

Section 2(1) Authority: repealed, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

Section 2(1) blood specimen collecting instrument: inserted, on 5 November 2011, by section 4(18) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).

Section 2(1) blood specimen collecting procedure: inserted, on 5 November 2011, by section 4(18) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).

Section 2(1) blood test: amended, on 1 November 2009, by section 5(1) of the Land Transport Amendment Act 2009 (2009 No 17).

Section 2(1) blood test fee: amended, on 1 November 2009, by section 5(2) of the Land Transport Amendment Act 2009 (2009 No 17).

Section 2(1) Board and Transfund: repealed, on 1 December 2004, by section 3(1) of the Land Transport Amendment Act 2004 (2004 No 96).

Section 2(1) certificate of compliance: inserted, on 29 December 2001, by section 4(1) of the Land Transport (Road Safety Enforcement) Amendment Act 2001 (2001 No 104).

Section 2(1) commercial public transport service: repealed, on 13 June 2013, by section 72 of the Land Transport Management Amendment Act 2013 (2013 No 35).

Section 2(1) compulsory impairment test: inserted, on 1 November 2009, by section 5(3) of the Land Transport Amendment Act 2009 (2009 No 17).

Section 2(1) conclusive evidential breath-testing device: repealed, on 29 December 2001, by section 4(2) of the Land Transport (Road Safety Enforcement) Amendment Act 2001 (2001 No 104).

Section 2(1) concurrent offence: inserted, on 1 July 2018, by section 5(4) of the Land Transport Amendment Act 2017 (2017 No 34).

Section 2(1) control: inserted, on 1 October 2007, by section 4(3) of the Land Transport Amendment Act 2005 (2005 No 77).

Section 2(1) control: amended, on 1 October 2017, by section 61(2)(a) of the Land Transport Amendment Act 2017 (2017 No 34).

Section 2(1) control: amended, on 1 October 2017, by section 61(2)(b) of the Land Transport Amendment Act 2017 (2017 No 34).

Section 2(1) control: amended, on 1 October 2017, by section 61(2)(c) of the Land Transport Amendment Act 2017 (2017 No 34).

Section 2(1) controlled drug: repealed (without coming into force), on 1 November 2009, by section 4(2) of the Land Transport (Enforcement Powers) Amendment Act 2009 (2009 No 36).

Section 2(1) court: amended, on 1 March 2017, by section 261 of the District Court Act 2016 (2016 No 49).

Section 2(1) cruising: inserted, on 1 December 2009, by section 4(1) of the Land Transport (Enforcement Powers) Amendment Act 2009 (2009 No 36).

Section 2(1) cumulative work day: inserted, on 1 October 2007, by section 4(3) of the Land Transport Amendment Act 2005 (2005 No 77).

Section 2(1) cumulative work period: inserted, on 1 October 2007, by section 4(3) of the Land Transport Amendment Act 2005 (2005 No 77).

Section 2(1) Director: repealed, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

Section 2(1) doctor’s surgery: amended, on 18 September 2004, by section 175(1) of the Health Practitioners Competence Assurance Act 2003 (2003 No 48).

Section 2(1) driver licence stop order: inserted, on 1 November 2013, by section 4 of the Land Transport Amendment Act 2011 (2011 No 31).

Section 2(1) enforcement authority: substituted, on 28 June 2006, by section 4(1) of the Land Transport Amendment Act (No 2) 2006 (2006 No 30).

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

Section 2(1) enforcement authority paragraph (b): amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

Section 2(1) enforcement authority paragraph (ba): inserted, on 10 May 2011, by section 4(1) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).

Section 2(1) enforcement authority paragraph (c): repealed, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

Section 2(1) enforcement authority paragraph (d): substituted, on 10 May 2011, by section 4(2) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).

Section 2(1) enforcement officer paragraph (a): amended, on 1 October 2008, pursuant to section 116(a)(vii) of the Policing Act 2008 (2008 No 72).

Section 2(1) enforcement officer paragraph (b): amended, on 1 October 2008, pursuant to section 116(d) of the Policing Act 2008 (2008 No 72).

Section 2(1) facilitate: inserted, on 1 October 2017, by section 61(7) of the Land Transport Amendment Act 2017 (2017 No 34).

Section 2(1) facilitated cost-sharing arrangement: inserted, on 1 October 2017, by section 61(7) of the Land Transport Amendment Act 2017 (2017 No 34).

Section 2(1) facilitated cost-sharing arrangement: maximum amount per kilometre that may be paid to a driver under a facilitated cost-sharing arrangement as reimbursement for the driver’s costs is $0.73, on 1 October 2017, by clause 3 of the Land Transport (Facilitated Cost-sharing Arrangement Maximum Reimbursement) Notice 2017 (LI 2017/274).

Section 2(1) facilitator: inserted, on 1 October 2017, by section 61(7) of the Land Transport Amendment Act 2017 (2017 No 34).

Section 2(1) financial year: amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

Section 2(1) fire brigade: replaced, on 1 July 2017, by section 197 of the Fire and Emergency New Zealand Act 2017 (2017 No 17).

Section 2(1) goods service: substituted, on 1 October 2007, by section 4(3) of the Land Transport Amendment Act 2005 (2005 No 77).

Section 2(1) goods service paragraph (a): amended, on 11 August 2017, by section 46(1) of the Land Transport Amendment Act 2017 (2017 No 34).

Section 2(1) goods service paragraph (b): amended, on 11 August 2017, by section 46(1) of the Land Transport Amendment Act 2017 (2017 No 34).

Section 2(1) goods service licence: substituted, on 1 October 2007, by section 4(3) of the Land Transport Amendment Act 2005 (2005 No 77).

Section 2(1) goods service vehicle: substituted, on 1 October 2007, by section 4(3) of the Land Transport Amendment Act 2005 (2005 No 77).

Section 2(1) gross laden weight: repealed, on 11 August 2017, by section 46(2) of the Land Transport Amendment Act 2017 (2017 No 34).

Section 2(1) gross vehicle mass: inserted, on 11 August 2017, by section 46(3) of the Land Transport Amendment Act 2017 (2017 No 34).

Section 2(1) health practitioner: inserted, on 1 November 2009, by section 5(3) of the Land Transport Amendment Act 2009 (2009 No 17).

Section 2(1) heavy motor vehicle: amended, on 11 August 2017, by section 46(4) of the Land Transport Amendment Act 2017 (2017 No 34).

Section 2(1) heavy traffic: inserted, on 10 May 2011, by section 4(17) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).

Section 2(1) hospital: substituted, on 10 May 2011, by section 4(3) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).

Section 2(1) infringement offence paragraph (ab): inserted, on 10 May 2011, by section 4(4) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).

Section 2(1) infringement offence paragraph (b): amended, on 11 August 2017, by section 46(5) of the Land Transport Amendment Act 2017 (2017 No 34).

Section 2(1) infringement offence paragraph (ba): inserted, on 1 October 2007, by section 4(6) of the Land Transport Amendment Act 2005 (2005 No 77).

Section 2(1) infringement offence paragraph (c): amended, on 10 May 2011, by section 4(5) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).

Section 2(1) infringement offence paragraph (ca): inserted, on 13 November 2003, by section 90 of the Land Transport Management Act 2003 (2003 No 118).

Section 2(1) invalid carriage: repealed, on 22 June 2005, by section 4(2) of the Land Transport Amendment Act 2005 (2005 No 77).

Section 2(1) land transport documents: amended, on 1 August 2012, by section 94 of the Road User Charges Act 2012 (2012 No 1).

Section 2(1) land transport documents: amended, on 1 January 2009, by section 63(2) of the Public Transport Management Act 2008 (2008 No 87).

Section 2(1) land transport documents: amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

Section 2(1) land transport register paragraph (a): amended, on 1 August 2012, by section 94 of the Road User Charges Act 2012 (2012 No 1).

Section 2(1) land transport register paragraph (a): amended, on 1 October 2007, by section 4(7) of the Land Transport Amendment Act 2005 (2005 No 77).

Section 2(1) land transport register paragraph (a): amended, on 20 July 2005, by section 103(3) of the Railways Act 2005 (2005 No 37).

Section 2(1) land transport register paragraph (b): amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

Section 2(1) large passenger service: inserted, on 1 October 2017, by section 61(7) of the Land Transport Amendment Act 2017 (2017 No 34).

Section 2(1) large passenger service licence: inserted, on 1 October 2017, by section 61(7) of the Land Transport Amendment Act 2017 (2017 No 34).

Section 2(1) large passenger service vehicle: inserted, on 1 October 2007, by section 4(3) of the Land Transport Amendment Act 2005 (2005 No 77).

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

Section 2(1) light rail vehicle: inserted, on 20 July 2005, by section 103(3) of the Railways Act 2005 (2005 No 37).

Section 2(1) light rental service vehicle: amended, on 11 August 2017, by section 46(6) of the Land Transport Amendment Act 2017 (2017 No 34).

Section 2(1) local authority: substituted, on 1 July 2003, by section 262 of the Local Government Act 2002 (2002 No 84).

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

Section 2(1) logbook: amended, on 1 October 2007, by section 4(8) of the Land Transport Amendment Act 2005 (2005 No 77).

Section 2(1) medical expenses: inserted, on 1 November 2009, by section 5(3) of the Land Transport Amendment Act 2009 (2009 No 17).

Section 2(1) medical laboratory technologist: inserted, on 18 September 2004, by section 175(1) of the Health Practitioners Competence Assurance Act 2003 (2003 No 48).

Section 2(1) medical laboratory technologist: amended, on 1 August 2011, by clause 8(2) of the Health Practitioners Competence Assurance (Designation of Anaesthetic Technology Services as Health Profession) Order 2011 (SR 2011/227).

Section 2(1) medical officer: substituted, on 18 September 2004, by section 175(1) of the Health Practitioners Competence Assurance Act 2003 (2003 No 48).

Section 2(1) medical practitioner: inserted, on 18 September 2004, by section 175(1) of the Health Practitioners Competence Assurance Act 2003 (2003 No 48).

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

Section 2(1) member: amended, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

Section 2(1) Minister: substituted, on 1 December 2004, by section 3(2) of the Land Transport Amendment Act 2004 (2004 No 96).

Section 2(1) mobility device: inserted, on 22 June 2005, by section 4(4) of the Land Transport Amendment Act 2005 (2005 No 77).

Section 2(1) mobility device paragraph (b): amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

Section 2(1) moped: replaced, on 11 August 2017, by section 89(2) of the Land Transport Amendment Act 2017 (2017 No 34).

Section 2(1) motor vehicle paragraph (c)(ii): repealed, on 22 June 2005, by section 4(9) of the Land Transport Amendment Act 2005 (2005 No 77).

Section 2(1) motor vehicle paragraph (c)(vi): amended, on 22 June 2005, by section 4(10) of the Land Transport Amendment Act 2005 (2005 No 77).

Section 2(1) motor vehicle paragraph (c)(vii): added, on 22 June 2005, by section 4(10) of the Land Transport Amendment Act 2005 (2005 No 77).

Section 2(1) motor vehicle paragraph (c)(vii): amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

Section 2(1) motor vehicle paragraph (c)(viii): added, on 22 June 2005, by section 4(10) of the Land Transport Amendment Act 2005 (2005 No 77).

Section 2(1) motorcycle: inserted, on 10 May 2011, by section 4(17) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).

Section 2(1) moving vehicle offence paragraph (b): amended, on 11 August 2017, by section 89(3) of the Land Transport Amendment Act 2017 (2017 No 34).

Section 2(1) moving vehicle offence paragraph (c): amended, on 10 May 2011, by section 4(6) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).

Section 2(1) moving vehicle offence paragraph (c): amended, on 13 November 2003, by section 90 of the Land Transport Management Act 2003 (2003 No 118).

Section 2(1) moving vehicle offence paragraph (d): added, on 13 November 2003, by section 90 of the Land Transport Management Act 2003 (2003 No 118).

Section 2(1) national land transport strategy or strategy: repealed, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

Section 2(1) non-serviced area: inserted, on 1 July 2018, by section 5(4) of the Land Transport Amendment Act 2017 (2017 No 34).

Section 2(1) nurse: inserted, on 18 September 2004, by section 175(1) of the Health Practitioners Competence Assurance Act 2003 (2003 No 48).

Section 2(1) optometrist: inserted, on 18 September 2004, by section 175(1) of the Health Practitioners Competence Assurance Act 2003 (2003 No 48).

Section 2(1) organised criminal activity: inserted, on 1 October 2007, by section 4(3) of the Land Transport Amendment Act 2005 (2005 No 77).

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

Section 2(1) over-dimension offence: inserted, on 11 August 2017, by section 46(7) of the Land Transport Amendment Act 2017 (2017 No 34).

Section 2(1) parking: inserted, on 10 May 2011, by section 4(17) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).

Section 2(1) parking offence: inserted, on 10 May 2011, by section 4(17) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).

Section 2(1) parking warden: inserted, on 1 November 2009, by section 5(3) of the Land Transport Amendment Act 2009 (2009 No 17).

Section 2(1) parking warden: amended, on 10 May 2011, by section 4(7) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).

Section 2(1) parking warden second definition: repealed, on 11 August 2017, by section 89(4) of the Land Transport Amendment Act 2017 (2017 No 34).

Section 2(1) passenger service: substituted, on 1 October 2007, by section 4(3) of the Land Transport Amendment Act 2005 (2005 No 77).

Section 2(1) passenger service paragraph (b)(iia): inserted, on 1 October 2017, by section 61(3) of the Land Transport Amendment Act 2017 (2017 No 34).

Section 2(1) passenger service paragraph (b)(iii): amended, on 10 May 2011, by section 4(8) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).

Section 2(1) passenger service licence: repealed, on 1 October 2017, by section 61(4) of the Land Transport Amendment Act 2017 (2017 No 34).

Section 2(1) passenger service vehicle: substituted, on 1 October 2007, by section 4(3) of the Land Transport Amendment Act 2005 (2005 No 77).

Section 2(1) performance agreement: repealed, on 1 December 2004, by section 3(1) of the Land Transport Amendment Act 2004 (2004 No 96).

Section 2(1) permanent speed limit: inserted, on 10 May 2011, by section 4(17) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).

Section 2(1) positive: inserted, on 7 August 2011, by section 4(9) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).

Section 2(1) positive paragraph (c): amended, on 1 December 2014, by section 15 of the Land Transport Amendment Act (No 2) 2014 (2014 No 57).

Section 2(1) positive evidential breath test: repealed, on 7 August 2011, by section 4(9) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).

Section 2(1) premises: amended, on 20 July 2005, by section 103(3) of the Railways Act 2005 (2005 No 37).

Section 2(1) prescription medicine: inserted, on 1 November 2009, by section 5(3) of the Land Transport Amendment Act 2009 (2009 No 17).

Section 2(1) proceedings: amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

Section 2(1) qualifying bylaw: inserted, on 1 December 2009, by section 4(1) of the Land Transport (Enforcement Powers) Amendment Act 2009 (2009 No 36).

Section 2(1) qualifying bylaw: amended, on 10 May 2011, by section 4(10)(a) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).

Section 2(1) qualifying bylaw: amended, on 10 May 2011, by section 4(10)(b) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).

Section 2(1) qualifying drug: inserted, on 1 November 2009, by section 4(3) of the Land Transport (Enforcement Powers) Amendment Act 2009 (2009 No 36).

Section 2(1) qualifying drug paragraph (a)(i): amended, on 9 August 2011, by section 12(2) of the Misuse of Drugs Amendment Act (No 2) 2011 (2011 No 54).

Section 2(1) qualifying offence: inserted, on 1 July 2018, by section 5(4) of the Land Transport Amendment Act 2017 (2017 No 34).

Section 2(1) rail operator: inserted, on 20 July 2005, by section 103(3) of the Railways Act 2005 (2005 No 37).

Section 2(1) rail participant: inserted, on 20 July 2005, by section 103(3) of the Railways Act 2005 (2005 No 37).

Section 2(1) rail service operator: repealed, on 20 July 2005, by section 103(3) of the Railways Act 2005 (2005 No 37).

Section 2(1) rail service vehicle: repealed, on 20 July 2005, by section 103(3) of the Railways Act 2005 (2005 No 37).

Section 2(1) rail vehicle: inserted, on 20 July 2005, by section 103(3) of the Railways Act 2005 (2005 No 37).

Section 2(1) regional council: substituted, on 1 July 2003, by section 262 of the Local Government Act 2002 (2002 No 84).

Section 2(1) regional land transport strategy: repealed, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

Section 2(1) register of motor vehicles: substituted, on 1 May 2011, by section 35(1) of the Land Transport Amendment Act 2009 (2009 No 17).

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

Section 2(1) registered medical practitioner: repealed, on 18 September 2004, by section 175(1) of the Health Practitioners Competence Assurance Act 2003 (2003 No 48).

Section 2(1) registered optometrist: repealed, on 18 September 2004, by section 175(1) of the Health Practitioners Competence Assurance Act 2003 (2003 No 48).

Section 2(1) Registrar: inserted, on 1 December 2009, by section 4(1) of the Land Transport (Enforcement Powers) Amendment Act 2009 (2009 No 36).

Section 2(1) Registrar: amended, on 1 March 2017, by section 261 of the District Court Act 2016 (2016 No 49).

Section 2(1) rental service: substituted, on 1 October 2007, by section 4(3) of the Land Transport Amendment Act 2005 (2005 No 77).

Section 2(1) rental service paragraph (b): amended, on 11 August 2017, by section 46(8) of the Land Transport Amendment Act 2017 (2017 No 34).

Section 2(1) rental service licence: inserted, on 1 October 2007, by section 4(3) of the Land Transport Amendment Act 2005 (2005 No 77).

Section 2(1) rental service vehicle: substituted, on 1 October 2007, by section 4(3) of the Land Transport Amendment Act 2005 (2005 No 77).

Section 2(1) representative: inserted, on 1 October 2017, by section 61(7) of the Land Transport Amendment Act 2017 (2017 No 34).

Section 2(1) rest time: inserted, on 1 October 2007, by section 4(5) of the Land Transport Amendment Act 2005 (2005 No 77).

Section 2(1) road paragraph (e): amended, on 10 May 2011, by section 4(11) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).

Section 2(1) Science Minister: amended, on 1 February 2011, by section 18 of the Research, Science, and Technology Act 2010 (2010 No 131).

Section 2(1) service: inserted, on 1 October 2007, by section 4(3) of the Land Transport Amendment Act 2005 (2005 No 77).

Section 2(1) service charter: repealed, on 1 December 2004, by section 3(1) of the Land Transport Amendment Act 2004 (2004 No 96).

Section 2(1) small passenger service: inserted, on 1 October 2017, by section 61(7) of the Land Transport Amendment Act 2017 (2017 No 34).

Section 2(1) small passenger service licence: inserted, on 1 October 2017, by section 61(7) of the Land Transport Amendment Act 2017 (2017 No 34).

Section 2(1) small passenger service operator: inserted, on 1 October 2017, by section 61(7) of the Land Transport Amendment Act 2017 (2017 No 34).

Section 2(1) small passenger service vehicle: inserted, on 1 October 2007, by section 4(3) of the Land Transport Amendment Act 2005 (2005 No 77).

Section 2(1) special vehicle lane: inserted, on 28 June 2006, by section 4(2) of the Land Transport Amendment Act (No 2) 2006 (2006 No 30).

Section 2(1) speed limit: amended, on 10 May 2011, by section 4(12) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).

Section 2(1) speed limit: amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

Section 2(1) speed limit: amended, on 19 December 2001, by section 4(3) of the Land Transport (Road Safety Enforcement) Amendment Act 2001 (2001 No 104).

Section 2(1) stationary vehicle offence: inserted, on 10 May 2011, by section 4(17) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).

Section 2(1) taxi: repealed, on 1 October 2017, by section 61(4) of the Land Transport Amendment Act 2017 (2017 No 34).

Section 2(1) taxi service: repealed, on 1 October 2017, by section 61(4) of the Land Transport Amendment Act 2017 (2017 No 34).

Section 2(1) territorial authority: substituted, on 1 July 2003, by section 262 of the Local Government Act 2002 (2002 No 84).

Section 2(1) toll: inserted, on 13 November 2003, by section 90 of the Land Transport Management Act 2003 (2003 No 118).

Section 2(1) toll offence: inserted, on 13 November 2003, by section 90 of the Land Transport Management Act 2003 (2003 No 118).

Section 2(1) towage fee: inserted, on 10 May 2011, by section 4(17) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).

Section 2(1) traction engine: inserted, on 22 June 2005, by section 4(4) of the Land Transport Amendment Act 2005 (2005 No 77).

Section 2(1) traction engine paragraph (b): substituted, on 1 January 2009, by section 63(2) of the Public Transport Management Act 2008 (2008 No 87).

Section 2(1) Transit and Transit New Zealand: repealed, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

Section 2(1) transport service: substituted, on 1 October 2007, by section 4(3) of the Land Transport Amendment Act 2005 (2005 No 77).

Section 2(1) transport service paragraph (b)(i): substituted, on 10 May 2011, by section 4(13) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).

Section 2(1) transport service driver: inserted, on 1 October 2007, by section 4(3) of the Land Transport Amendment Act 2005 (2005 No 77).

Section 2(1) transport service licence: replaced, on 1 October 2017, by section 61(5) of the Land Transport Amendment Act 2017 (2017 No 34).

Section 2(1) transport service operator: replaced, on 1 October 2017, by section 61(6) of the Land Transport Amendment Act 2017 (2017 No 34).

Section 2(1) transport service vehicle: substituted, on 1 October 2007, by section 4(3) of the Land Transport Amendment Act 2005 (2005 No 77).

Section 2(1) transport service vehicle paragraph (a): substituted, on 10 May 2011, by section 4(14) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).

Section 2(1) transport service vehicle paragraph (f): amended, on 10 May 2011, by section 4(15) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).

Section 2(1) unlicensed: inserted, on 22 June 2005, by section 4(4) of the Land Transport Amendment Act 2005 (2005 No 77).

Section 2(1) vehicle paragraph (c)(iv): repealed, on 22 June 2005, by section 4(11) of the Land Transport Amendment Act 2005 (2005 No 77).

Section 2(1) vehicle paragraph (c)(viii): amended, on 22 June 2005, by section 4(12) of the Land Transport Amendment Act 2005 (2005 No 77).

Section 2(1) vehicle paragraph (c)(x): added, on 20 July 2005, by section 103(3) of the Railways Act 2005 (2005 No 37).

Section 2(1) vehicle recovery service: substituted, on 1 October 2007, by section 4(3) of the Land Transport Amendment Act 2005 (2005 No 77).

Section 2(1) vehicle recovery service paragraph (b)(vii): amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

Section 2(1) vehicle recovery service licence: substituted, on 1 October 2007, by section 4(3) of the Land Transport Amendment Act 2005 (2005 No 77).

Section 2(1) vehicle recovery service vehicle: substituted, on 1 October 2007, by section 4(3) of the Land Transport Amendment Act 2005 (2005 No 77).

Section 2(1) work time: substituted, on 10 May 2011, by section 4(16) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).

Section 2(1) zero alcohol licence: added, on 10 May 2011, by section 4(17) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).

Section 2(1) zero alcohol licence paragraph (a): amended, on 1 July 2018, by section 5(3) of the Land Transport Amendment Act 2017 (2017 No 34).

Section 2(1A): inserted, on 1 October 2007, by section 4(13) of the Land Transport Amendment Act 2005 (2005 No 77).

Section 2(2): amended, on 5 August 2013, by section 77(3) of the Legislation Act 2012 (2012 No 119).

Section 2(2): amended, on 10 May 2011, by section 4(19) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).

Section 2(2): amended, on 10 May 2011, by section 4(20) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).

Section 2(2): amended, on 29 December 2001, by section 4(4) of the Land Transport (Road Safety Enforcement) Amendment Act 2001 (2001 No 104).

Section 2(3): amended, on 10 May 2011, by section 4(21) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).

Section 2(5): added, on 10 May 2011, by section 4(22) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).

2A Transitional, savings, and related provisions

The transitional, savings, and related provisions set out in Schedule 1 have effect according to their terms.

Section 2A: inserted, on 11 August 2017, by section 4 of the Land Transport Amendment Act 2017 (2017 No 34).

3 Act to bind the Crown

This Act binds the Crown.

Part 2 Primary responsibilities of participants in land transport system

General responsibilities

4 General requirements for participants in land transport system

(1)

A participant in the land transport system must ensure that the appropriate land transport documents and all the necessary qualifications and other documents are held by the participant.

(2)

A participant must comply with this Act, the relevant regulations and rules, and the conditions attached to the relevant land transport documents.

(3)

A participant, other than a rail participant, must ensure that the activities or functions for which the land transport document has been granted are carried out by the participant, and by all persons for whom the participant is responsible, safely and in accordance with the relevant prescribed safety standards and practices.

(4)

A person who applies for a land transport document that authorises the provision of a service within the land transport system must, if so required by the rules, satisfy the Agency that the person is a fit and proper person; and the Agency must determine whether a person is a fit and proper person for the purposes of this subsection in accordance with subpart 2 of Part 4A, which applies with any necessary modifications.

(5)

A participant who holds a land transport document that authorises the provision of a service within the land transport system—

(a)

must, if so required by the rules, establish and follow a safety management system that will ensure compliance with the relevant prescribed safety standards and the conditions attached to the document; and

(b)

must provide training and supervision to all employees of the participant who are engaged in doing anything to which the document relates, so as to maintain compliance with the relevant prescribed safety standards and the conditions attached to the document and to promote safety; and

(c)

must provide sufficient resources to ensure compliance with the relevant prescribed safety standards and the conditions attached to the document.

Compare: 1990 No 98 s 12

Section 4(3): amended, on 20 July 2005, by section 103(3) of the Railways Act 2005 (2005 No 37).

Section 4(4): amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

Section 4(4): amended, on 1 October 2007, by section 5 of the Land Transport Amendment Act 2005 (2005 No 77).

5 Drivers to be licensed

(1)

A person may not drive a motor vehicle on a road—

(a)

without an appropriate current driver licence; or

(b)

in contravention of the conditions of the person’s driver licence; or

(c)

if the person is disqualified from holding or obtaining a driver licence, or the person’s driver licence is suspended or has been revoked, or the driving is contrary to an alcohol interlock licence, a zero alcohol licence, or a limited licence.

(2)

A person may not hold or apply for a driver licence while he or she is disqualified under this Act or any other Act from holding or obtaining a driver licence.

(3)

While a person’s driver licence is suspended under this Act or any other Act, the person may not hold or obtain a driver licence.

(4)

A person driving a motor vehicle must produce without delay his or her driver licence for inspection whenever required to do so by an enforcement officer.

(5)

Nothing in subsection (1) or subsection (4) applies if the person driving—

(a)

is driving an ambulance in an emergency, and—

(i)

the emergency requires the licensed driver to perform other duties and it is impracticable for him or her to drive the ambulance, or the licensed driver is injured or otherwise unable to drive; and

(ii)

unless the licensed driver was unable to do so, the licensed driver has requested that person to drive in place of the licensed driver; or

(b)

is a member of a fire brigade and drives a motor vehicle used by a fire brigade for attendance at emergencies, so long as the vehicle being used at the time is used on urgent fire brigade service and it is impracticable for an appropriately licensed person to drive the vehicle; or

(c)

is a Police employee and drives a motor vehicle in an emergency requiring Police attendance, and—

(i)

the emergency is not reasonably foreseeable; and

(ii)

the driving is necessary in the interests of safety or public order; and

(iii)

an appropriately licensed person is not readily available.

Compare: 1986 No 6 s 37(1), (1A), (2)

Section 5(1)(c): amended, on 10 September 2012, by section 5 of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).

Section 5(5)(c): amended, on 1 October 2008, by section 130(1) of the Policing Act 2008 (2008 No 72).

6 Vehicles to be safe and operated in compliance with rules

(1)

A person may not operate an unsafe motor vehicle on a road.

(2)

If the regulations or the rules require a vehicle to have current evidence of vehicle inspection or a current certificate of loading, or both, a person may not operate the vehicle on a road without the appropriate current evidence of vehicle inspection or certificate or both (as the case may require).

(3)

A person operating a motor vehicle that is required to have current evidence of vehicle inspection or a certificate of loading must comply with the provisions in the regulations and the rules concerning such evidence or certificate, and the operation of the vehicle.

(4)

Evidence of vehicle inspection must be displayed on the vehicle to which it applies.

(5)

A certificate of loading must be displayed on the vehicle to which it applies if required by the rules.

Compare: 1986 No 6 s 5

Section 6(5): inserted, on 11 August 2017, by section 47 of the Land Transport Amendment Act 2017 (2017 No 34).

7 Drivers not to be reckless or dangerous

(1)

A person may not drive a motor vehicle, or cause a motor vehicle to be driven, recklessly.

(2)

A person may not drive a motor vehicle, or cause a motor vehicle to be driven, at a speed or in a manner which, having regard to all the circumstances, is or might be dangerous to the public or to a person.

Compare: 1962 No 135 s 57

Section 7(1): substituted, on 22 June 2005, by section 6(1) of the Land Transport Amendment Act 2005 (2005 No 77).

Section 7(2): amended, on 22 June 2005, by section 6(2) of the Land Transport Amendment Act 2005 (2005 No 77).

8 Drivers not to be careless or inconsiderate

A person may not drive a vehicle, or cause a vehicle to be driven, carelessly or without reasonable consideration for other persons

Section 8: substituted, on 22 June 2005, by section 7 of the Land Transport Amendment Act 2005 (2005 No 77).

9 Loads transported by vehicles to be secured

A person operating a motor vehicle on a road, and any person loading that vehicle, must ensure that any load carried in or on the vehicle, or in or on a vehicle being towed by the vehicle driven by the operator, is secured and contained in such a manner that it cannot fall or escape from the vehicle.

Compare: 1962 No 135 s 70(1)

Section 9: amended, on 22 June 2005, by section 8 of the Land Transport Amendment Act 2005 (2005 No 77).

Responsibilities of road users under ordinary and emergency rules

10 Road users and others to comply with ordinary rules and emergency rules

A person must comply with the rules.

Responsibilities concerning use of alcohol or drugs

11 Drivers not to exceed specified alcohol limits

A person may not drive or attempt to drive a motor vehicle while—

(a)

the proportion of alcohol in the person’s breath, as ascertained by an evidential breath test subsequently undergone by the person under section 69, exceeds 250 micrograms of alcohol per litre of breath; or

(b)

the proportion of alcohol in the person’s blood, as ascertained from an analysis of a blood specimen subsequently taken from the person under section 72 or section 73, exceeds 50 milligrams of alcohol per 100 millilitres of blood; or

(c)

if the person is younger than 20,—

(i)

the person’s breath, as ascertained by an evidential breath test subsequently undergone by the person under section 69, contains alcohol; or

(ii)

the person’s blood, as ascertained from an analysis of a blood specimen subsequently taken from the person under section 72 or 73, contains alcohol; or

(d)

if the person holds an alcohol interlock licence or a zero alcohol licence,—

(i)

the person’s breath, as ascertained by an evidential breath test subsequently undergone by the person under section 69, contains alcohol; or

(ii)

the person’s blood, as ascertained from an analysis of a blood specimen subsequently taken from the person under section 72 or 73, contains alcohol.

Compare: 1962 No 135 ss 55(2)(b), (c), 58(1)(a), (c), (f), (g)

Section 11: amended, on 22 June 2005, by section 9 of the Land Transport Amendment Act 2005 (2005 No 77).

Section 11(a): amended, on 1 December 2014, by section 4(1) of the Land Transport Amendment Act (No 2) 2014 (2014 No 57).

Section 11(b): amended, on 1 December 2014, by section 4(2) of the Land Transport Amendment Act (No 2) 2014 (2014 No 57).

Section 11(c): substituted, on 7 August 2011, by section 6(1) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).

Section 11(d): inserted, on 10 September 2012, by section 6(2) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).

11A Persons may not drive or attempt to drive while impaired and their blood contains evidence of use of qualifying drug

A person may not drive or attempt to drive a motor vehicle while—

(a)

impaired; and

(b)

that person’s blood contains evidence of the use of a qualifying drug.

Section 11A: inserted, on 1 November 2009, by section 6 of the Land Transport Amendment Act 2009 (2009 No 17).

Section 11A heading: amended, on 1 November 2009, by section 5(1) of the Land Transport (Enforcement Powers) Amendment Act 2009 (2009 No 36).

Section 11A(b): substituted, on 1 November 2009, by section 5(2) of the Land Transport (Enforcement Powers) Amendment Act 2009 (2009 No 36).

12 Persons not to drive while under influence of alcohol or drugs

A person may not drive or attempt to drive a motor vehicle while under the influence of drink or a drug, or both, to such an extent as to be incapable of having proper control of the vehicle.

Compare: 1962 No 135 s 58(1)(e); 1988 No 170 s 7

Section 12: amended, on 22 June 2005, by section 10 of the Land Transport Amendment Act 2005 (2005 No 77).

Responsibilities of drivers and other road users concerning enforcement officers

13 Drivers and other road users to comply with directions of enforcement officers, etc

(1AA)

A person driving a motor vehicle that has a warning notice given under section 22AF attached to it must comply with that notice.

(1)

A person must comply with sections 68, 69, 70, 71A, 72, and 73 (which relate to the administration of breath screening tests, evidential breath tests, and blood tests).

(2)

A person must comply with all lawful requirements, directions, and requests made by an enforcement officer under any of sections 68, 69, 70, 71A, 72, and 73.

(3)

A person must comply with all lawful requirements and requests made by a medical practitioner or medical officer under section 72 or section 73 (which relate to the administration of blood tests).

(4)

A person may not—

(a)

remove, obscure, or render indistinguishable a notice affixed to a vehicle under section 115, unless current evidence of vehicle inspection has been obtained for the vehicle or (if the notice was given under section 96(1B)) the direction requiring the vehicle not to be driven on a road has been cancelled under section 102(3)(b) or section 110(3)(a)(ii); or

(b)

drive a vehicle to which a notice given under section 115 applies until current evidence of vehicle inspection has been obtained for, and is displayed on, the vehicle.

(5)

Drivers and other persons must comply with all other lawful requirements, directions, notices, and requests given to, and prohibitions imposed on, them under this Act by an enforcement officer or a dangerous goods enforcement officer.

Compare: 1962 No 135 s 68C

Section 13(1AA): inserted, on 1 December 2009, by section 6 of the Land Transport (Enforcement Powers) Amendment Act 2009 (2009 No 36).

Section 13(1AA): amended, on 10 May 2011, by section 7 of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).

Section 13(1): amended, on 1 May 2011, by section 35(1) of the Land Transport Amendment Act 2009 (2009 No 17).

Section 13(2): amended, on 1 May 2011, by section 35(1) of the Land Transport Amendment Act 2009 (2009 No 17).

Section 13(3): amended, on 18 September 2004, by section 175(1) of the Health Practitioners Competence Assurance Act 2003 (2003 No 48).

Section 13(4)(a): amended, on 2 May 2003, by section 4 of the Land Transport (Unauthorised Street and Drag Racing) Amendment Act 2003 (2003 No 11).

Part 3 Additional responsibilities concerning road transport

14 False or misleading information not to be given

A person who is required by or under this Act to give any specified information, or who gives a statutory declaration for any purpose under this Act, may not give in response to that requirement, or in that statutory declaration, information that the person knows to be false or misleading.

15 Persons not to impersonate enforcement officers

(1)

A person (other than an enforcement officer or a dangerous goods enforcement officer) may not by words, conduct, or demeanour pretend to be an enforcement officer or dangerous goods enforcement officer, or put on or assume the dress, name, designation, or description of an enforcement officer or dangerous goods enforcement officer.

(2)

This section does not affect section 48 of the Policing Act 2008.

Compare: 1962 No 135 s 192A

Section 15(2): amended, on 1 October 2008, by section 130(1) of the Policing Act 2008 (2008 No 72).

16 Heavy motor vehicles not to be overloaded or in breach of dimension requirements

(1)

A person operating a heavy motor vehicle or combination of vehicles must not operate the vehicle or combination of vehicles in breach of any of the following:

(a)

the prescribed maximum mass limits for axles:

(b)

the prescribed maximum mass limits for axle sets:

(c)

the prescribed maximum mass limits for groups of axles:

(d)

the prescribed maximum gross mass limits for motor vehicles.

(2)

A person must not operate a heavy motor vehicle or combination of vehicles if the vehicle or combination of vehicles exceeds the gross vehicle mass for that vehicle or vehicles.

(3)

A person must not operate a heavy motor vehicle or combination of vehicles if the vehicle or combination of vehicles breaches prescribed requirements in relation to dimensions.

Section 16: replaced, on 11 August 2017, by section 48 of the Land Transport Amendment Act 2017 (2017 No 34).

16A Temporary restriction of heavy traffic on roads

(1)

This section applies if a road controlling authority decides on reasonable grounds that there is an urgent risk of either or both of the following:

(a)

damage to a road:

(b)

danger to the safety of road users.

(2)

The road controlling authority may, for a specified period of no more than 6 months, by a road closure sign, direct that any heavy traffic, or any specified kind of heavy traffic, may not proceed between any 2 places by way of any specified road or roads.

(3)

A sign referred to in subsection (2) must be displayed in at least 1 prominent position on every road to which the sign applies.

(4)

A person commits an offence, and is liable on conviction to a fine not exceeding $1,000, if the person contravenes the requirements of any sign described in subsection (2) unless the person proves that there was no other way reasonably available for the traffic concerned to proceed.

Section 16A: replaced, on 11 August 2017, by section 49 of the Land Transport Amendment Act 2017 (2017 No 34).

16B Interference with operation of speed measuring devices

Every person commits an offence who—

(a)

uses in a motor vehicle any equipment that interferes with the operation of a speed measuring device:

(b)

possesses in a motor vehicle any equipment that is designed to interfere with the operation of a speed measuring device.

Section 16B: inserted, on 10 May 2011, by section 8 of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).

17 Distance recorders not to be altered

A person may not, with intent to cause a false record of the distance travelled by a motor vehicle to be shown or recorded, make or cause to be made any alteration to the distance recorder or to the vehicle.

Compare: 1962 No 135 s 192B

18 Doctors and optometrists to give Agency medical reports of persons unfit to drive

(1)

This section applies if a medical practitioner or optometrist, who has attended or been consulted in respect of a driver licence holder, considers that—

(a)

the mental or physical condition of the licence holder is such that, in the interests of public safety, the licence holder—

(i)

should not be permitted to drive motor vehicles of a specified class or classes; or

(ii)

should only be permitted to drive motor vehicles subject to such limitations as may be warranted by the mental or physical condition of the licence holder; and

(b)

the licence holder is likely to drive a motor vehicle.

(2)

If this section applies, the medical practitioner or optometrist must as soon as practicable give the Agency written notice of the opinion under subsection (1)(a) and the grounds on which it is based.

(3)

A medical practitioner or optometrist who gives a notice under subsection (2) in good faith is not liable to civil or professional liability because of any disclosure of personal medical information in that notice.

(4)

[Repealed]

Compare: 1986 No 6 s 45A

Section 18 heading: amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

Section 18(1): amended, on 18 September 2004, by section 175(1) of the Health Practitioners Competence Assurance Act 2003 (2003 No 48).

Section 18(2): amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

Section 18(2): amended, on 18 September 2004, by section 175(1) of the Health Practitioners Competence Assurance Act 2003 (2003 No 48).

Section 18(3): amended, on 18 September 2004, by section 175(1) of the Health Practitioners Competence Assurance Act 2003 (2003 No 48).

Section 18(4): repealed, on 10 May 2011, by section 9 of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).

19 Licences of certain persons subject to Mental Health (Compulsory Assessment and Treatment) Act 1992 to be suspended

(1)

If a person who holds a driver licence becomes subject to a compulsory treatment order that is an inpatient order or becomes a special patient under the Mental Health (Compulsory Assessment and Treatment) Act 1992,—

(a)

the person in charge of the hospital to which the person is referred or at which the person is detained must notify the Agency of the making of an inpatient order or that the person is a special patient (as the case may be); and

(b)

the licence is suspended while the holder is subject to an inpatient order or is a special patient.

(2)

A person who has possession of the driver licence of a person referred to in subsection (1) must, on the request of the person in charge of the hospital at which the holder is an inpatient, deliver the licence to the person in charge of the hospital; and the person in charge must forward the licence to the Director of Area Mental Health Services.

(3)

The Director of Area Mental Health Services must retain a driver licence received under this section until it ceases to be subject to this section, and then,—

(a)

in the case of a licence that applies to commercial vehicles, forward the licence to the Agency; or

(b)

in any other case, return the licence to the holder or to the person in possession referred to in subsection (2).

(4)

If a person to whom this section applies ceases to be a person referred to in subsection (1) and his or her responsible clinician considers that person to be unfit to hold a driver licence, the responsible clinician must advise the Director of Area Mental Health Services of that opinion and that Director must give the Agency a certificate to that effect and (if it is in his or her possession) return the licence to the Agency; and the licence has no effect unless it is returned to the holder under subsection (5).

(5)

A person referred to in subsection (4) may apply to the Agency for the return of his or her driver licence and the Agency must return the licence if satisfied the holder is fit to drive.

(6)

If—

(a)

a person to whom subsection (1) applies is, under any of sections 31, 50, and 52 of the Mental Health (Compulsory Assessment and Treatment) Act 1992, permitted to be absent on leave from a hospital under that Act; and

(b)

a responsible clinician certifies in writing that, in the clinician’s opinion, that person is fit to hold a driver licence,—

subsection (1)(b) does not apply to that person while that person is absent on leave from the hospital, and, if that person’s driver licence is held by the Director of Area Mental Health Services, the licence must be returned to the holder.

(7)

In any case to which subsection (3)(a) applies, once the holder ceases to be subject to this section, the Agency must, as soon as practicable after the Agency is satisfied the holder is eligible to hold the licence, return the licence to the holder or to the person previously in possession referred to in subsection (2).

Compare: 1986 No 6 s 46

Section 19(1)(a): amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

Section 19(1)(a): amended, on 1 December 2004, by section 10 of the Land Transport Amendment Act 2004 (2004 No 96).

Section 19(3)(a): amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

Section 19(3)(a): amended, on 1 December 2004, by section 10 of the Land Transport Amendment Act 2004 (2004 No 96).

Section 19(4): amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

Section 19(4): amended, on 1 December 2004, by section 10 of the Land Transport Amendment Act 2004 (2004 No 96).

Section 19(5): amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

Section 19(5): amended, on 1 December 2004, by section 10 of the Land Transport Amendment Act 2004 (2004 No 96).

Section 19(7): amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

Section 19(7): amended, on 1 December 2004, by section 10 of the Land Transport Amendment Act 2004 (2004 No 96).

20 Traffic surveys not to be conducted unless approved by Agency

(1)

A person may not, without the prior written consent of the Agency, conduct on a road a traffic survey that is likely to involve the stopping, delay, or diversion of vehicles.

(2)

The Agency may consent conditionally or unconditionally, and, if any condition is not complied with, the Agency may direct that the survey be discontinued.

Compare: 1962 No 135 s 76C

Section 20 heading: amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

Section 20(1): amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

Section 20(2): amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

21 Enforcement officers to ameliorate hazards

If an enforcement officer, acting in the course of his or her official duties, becomes aware of the existence on a road of a hazard to the safety of traffic (whether arising from the nature or condition of a road or otherwise), the officer must—

(a)

take such steps as may be reasonably practicable to eliminate or reduce the hazard; and

(b)

if it is not reasonably practicable for the officer to eliminate the hazard, as soon as practicable report the existence of the hazard to the road controlling authority with a view to eliminating the hazard.

Compare: 1962 No 135 s 76B

22 Driver’s duties where accident occurs

(1)

If an accident arising directly or indirectly from the operation of a vehicle occurs to a person or to a vehicle, the driver or rider of the vehicle must—

(a)

stop and ascertain whether a person has been injured; and

(b)

render all practicable assistance to any injured persons.

(2)

The driver or rider of the vehicle must, if required by an enforcement officer or any other person involved in the accident, give the officer or other person—

(a)

the driver’s or rider’s name and address; and

(b)

the name and address of the owner of the vehicle; and

(c)

if the vehicle concerned is a motor vehicle, the number or letters or other expression on the registration plates assigned to the vehicle.

(3)

If the accident involves an injury to or the death of a person, the driver or rider must report the accident to an enforcement officer as soon as reasonably practicable, and in any case not later than 24 hours after the time of the accident, unless the driver or rider is incapable of doing so by reason of injuries sustained by him or her in the accident.

(4)

If the accident involves damage to an unoccupied motor vehicle or to other property belonging to a person other than the driver or rider, the driver or rider must (unless he or she is incapable of doing so by reason of injuries sustained by him or her in the accident), not later than 48 hours after the time of the accident, report to the owner—

(a)

the driver’s or rider’s name and address; and

(b)

the number on the registration plates assigned to the motor vehicle; and

(c)

the location of the accident.

(5)

If the accident involves damage to an unoccupied motor vehicle or to other property belonging to a person other than the driver or rider, but the owner cannot readily be contacted or identified, the driver or rider must report the accident to an enforcement officer as soon as practicable and in any case within 60 hours after the time of the accident.

(6)

If the motor vehicle involved in the accident is a fire engine or an ambulance travelling to an emergency, the driver complies with subsection (1) if he or she stops the vehicle and sets down a member of the crew who is equipped with a first-aid kit and discharges all the other duties imposed on a driver by that subsection.

(7)

Subsections (3) to (5) do not apply if the driver or rider has been arrested or detained as a result of the accident.

(8)

This section does not apply to a rail vehicle unless that vehicle is a light rail vehicle.

Compare: 1962 No 135 s 65

Section 22(3): amended, on 1 October 2008, by section 124(2) of the Policing Act 2008 (2008 No 72).

Section 22(5): amended, on 1 October 2008, by section 124(3) of the Policing Act 2008 (2008 No 72).

Section 22(8): added, on 20 July 2005, by section 103(3) of the Railways Act 2005 (2005 No 37).

22A Persons not to engage in unauthorised street or drag racing, or other related prohibited activities on roads

(1)

A person must not operate a motor vehicle in a race, or in an unnecessary exhibition of speed or acceleration, on a road unless the operation of the vehicle in that manner is authorised by law.

(2)

A person must not, without reasonable excuse, intentionally pour onto, place on, or allow to spill onto a road—

(a)

any petrol, oil, or diesel fuel; or

(b)

any other substance likely to cause a vehicle to undergo loss of traction.

(3)

A person must not, without reasonable excuse, operate a motor vehicle on a road in a manner that causes the vehicle to undergo sustained loss of traction unless the operation of the vehicle in that manner is authorised by law.

(3A)

A person may not, without reasonable excuse, operate a motor vehicle on a road in a manner that contravenes a bylaw made under section 22AB or 22AC.

(4)

In this section and in section 96(9), the operation of a motor vehicle in a particular manner is authorised by law if,—

(a)

in the case of a race or an exhibition of speed or acceleration,—

(i)

the speed of the vehicle is within the applicable speed limit or speed limits; and

(ii)

the vehicle operator does not contravene any enactment other than this section that applies in relation to the operation of the vehicle; or

(b)

the operation is conducted on a road that is closed for the purpose under section 319(h) or section 342 of the Local Government Act 1974, and is conducted in accordance with the conditions (if any) imposed under Schedule 10 of that Act; or

(c)

the operation is otherwise authorised by or under an enactment other than this section.

Section 22A: inserted, on 2 May 2003, by section 5 of the Land Transport (Unauthorised Street and Drag Racing) Amendment Act 2003 (2003 No 11).

Section 22A(3A): inserted, on 1 December 2009, by section 7 of the Land Transport (Enforcement Powers) Amendment Act 2009 (2009 No 36).

Bylaws

Heading: inserted, on 1 December 2009, by section 8 of the Land Transport (Enforcement Powers) Amendment Act 2009 (2009 No 36).

22AB Road controlling authorities may make certain bylaws

(1)

A road controlling authority may make any bylaw that it thinks fit for 1 or more of the following purposes:

(a)

controlling, restricting, or prohibiting cruising, including (but not limited to)—

(i)

specifying the section of road or roads on which cruising is controlled, restricted, or prohibited:

(ii)

prescribing the period of time that must elapse between each time a driver drives on a specified section of road for the driver to avoid being regarded as cruising:

(b)

prescribing fines, not exceeding $1,000, for the breach of any bylaw made under this section.

Vehicle and road use

(c)

prohibiting or restricting, absolutely or conditionally, any specified class of traffic (whether heavy traffic or not), or any specified motor vehicles or class of motor vehicle that, by reason of its size or nature or the nature of the goods carried, is unsuitable for use on any road or roads:

(d)

for the safety of the public or for the better preservation of any road,—

(i)

fixing the maximum speed of vehicles or of specified classes of vehicles on any road:

(ii)

designating any area, where that designation will have the effect of determining the speed limit in that area:

(e)

prohibiting or restricting engine braking in any area where the permanent speed limit does not exceed 70 kilometres per hour:

(f)

prohibiting or restricting the use of vehicles on beaches:

(g)

restricting the use of motor vehicles on unformed legal roads for the purposes of protecting the environment, the road and adjoining land, and the safety of road users:

(h)

prescribing the use of roads and cycle tracks, and the construction of anything on, over, or under a road or cycle track:

Heavy traffic

(i)

providing for the giving and taking of security by or from any person that no special damage will occur to any road, bridge, culvert, ferry, or ford by reason of any heavy traffic:

(j)

prohibiting any specified class of heavy traffic that has caused or is likely to cause serious damage to any road, unless the cost of reinstating or strengthening the road, as estimated by the Minister or the relevant road controlling authority, as the case may be, is paid previously:

(k)

providing for the annual or other payment of any reasonable sum by any person concerned in any heavy traffic by way of compensation for any damage likely to occur as a result of the heavy traffic to any road, bridge, culvert, ferry, or ford:

(l)

providing for the establishment, in accordance with section 361 of the Local Government Act 1974, of a toll to be levied on any class of heavy traffic:

Parking

(m)

prohibiting or restricting, subject to the erection of the prescribed signs, the stopping, standing, or parking of vehicles on any road; limiting the stopping, standing, or parking of vehicles on any road to vehicles of any specified class or description; limiting the period of time that vehicles may park on any part of the road where parking is limited to such vehicles; and providing that a vehicle used for the time being for any specified purpose must be treated for the purposes of the bylaw to be of a specified class or description, whether or not the vehicle belongs to any other class or description for any other purpose:

(n)

prohibiting or restricting, subject to the erection of the prescribed signs, the parking of heavy motor vehicles, or any specified class or description of heavy motor vehicle, on any specified road during specified hours or for a period that exceeds a specified period:

(o)

prescribing the use of parking places and transport stations, which includes (but is not limited to)—

(i)

specifying the vehicles or classes of vehicle that may be entitled to use any parking place or transport station:

(ii)

reserving any specified parking place or transport station for use, either generally or at specified times, only by members of the judiciary, medical practitioners, members of the diplomatic corps or consular corps, or disabled persons as defined in section 2 of the Disabled Persons Community Welfare Act 1975:

(iii)

if in the relevant road controlling authority’s opinion it would be reasonable to reserve parking places or transport stations for use by persons who reside in the vicinity,—

(A)

reserving specified parking places or transport stations for those persons to use, either generally or at specified times; and

(B)

setting the fees that those persons must pay to the relevant road controlling authority, whether annual or otherwise, for the use of those parking places or transport stations (provided that the fees do not exceed the reasonable cost to the relevant road controlling authority of the service involved in granting a permit to park in any parking place or transport station, collecting fees, or otherwise in relation to the reserving of any parking place or transport station):

(iv)

prohibiting or restricting parking (being the stopping or standing of a vehicle for a period in excess of that specified in the bylaws) on specified roads or part of roads in residential areas by specified classes of vehicles, either generally or at specified times, where in the relevant road controlling authority’s opinion the parking is likely to cause a nuisance or danger:

(v)

prescribing the conditions under which any parking place or transport station may be used:

(vi)

prescribing the charges to be paid to the relevant road controlling authority in connection with the use of any parking place or transport station, as measured by parking meters or in any other manner specified in the bylaws:

(vii)

providing for the removal of vehicles from parking places or transport stations or roads where those vehicles are using those places or stations in breach of the bylaws, and requiring the payment of the reasonable cost of such removal:

Signs and markings

(p)

providing that, subject to the erection of the prescribed signs, vehicles on roads must travel in 1 specified direction only:

(q)

prohibiting, subject to the erection of the prescribed signs, vehicles on a roadway turning from facing or travelling in 1 direction to facing or travelling in the opposite direction, or prohibiting vehicles on a road, other than vehicles of a specified class, from turning to the right or to the left:

(r)

prescribing, subject to the marking of lanes on the roadway, that on any road any traffic lane may be used or any turning movement may be made only by vehicles of specified classes or vehicles carrying specified classes of loads or no fewer than a specified number of occupants:

Livestock

(s)

prohibiting, either absolutely or conditionally, the crossing of any bridge or culvert by horses, cattle, sheep, pigs, or other animals, or vehicles and regulating the times at which or the manner in which any horses, cattle, sheep, pigs, or other animals, or vehicles, may cross or be taken over any bridge or culvert:

(t)

prescribing the routes by which and the times at which horses, cattle, sheep, pigs, or other animals, or specified classes of vehicles, may pass over any road:

(u)

prohibiting the driving of loose horses, cattle, sheep, pigs, or other animals along any road, otherwise than at the times and by the routes so prescribed, except with the permission of the Minister or of the relevant road controlling authority, as the case may be, and on the conditions that the Minister or the relevant road controlling authority, as the case may be, thinks fit:

(v)

prohibiting, either absolutely or conditionally, the driving of horses, cattle, sheep, pigs, or other animals along any road, and requiring that no horses, cattle, sheep, pigs, or other animals may be taken upon or enter any road unless they are confined within a motor vehicle:

Displays, vegetation, and access

(w)

regulating the use of any means of access constructed under section 319(1) of the Local Government Act 1974:

(x)

requiring the owner or occupier of any area of land on which a building is situated or the owner or occupier of any building or part of a building, being land or a building or part of a building to which a number has been allocated under section 319B of the Local Government Act 1974, to display that number in a position visible from the road:

(y)

regulating, controlling, or prohibiting the display or continuance of the display of posters, placards, handbills, writings, pictures, or devices for advertising or other purposes on or over public buildings or bridges, or on or over buildings, walls, fences, posts, trees, pavements, or hoardings, that are situated—

(i)

in or on or adjoining any land or road that is the property of, or under the control of, the relevant road controlling authority; or

(ii)

where that display is visible from a road or public place:

(z)

restricting or prohibiting the planting or erection, at or within a specified distance from corners, bends, or intersections on roads, of trees, shrubs, hedges, scrub, or other growth, or of fences or walls, that, in the opinion of the relevant road controlling authority are, or are likely to constitute, a source of nuisance or danger to traffic, and requiring the trimming or cutting down of such trees, shrubs, hedges, scrub, or other growth:

(za)

requiring any allotment in such parts of the district as are specified in the bylaws to be fenced along its line of frontage to any road and to be kept clear of noxious plants:

(zb)

prohibiting the cutting of grass for seed on roads or on any specified roads without the previous consent in writing of the relevant road controlling authority, either at all times or during any specified part of the year:

(zc)

regulating the use of, and protecting, grass plots, flower beds, and shrubberies laid out in roads or on land vested in or under the control of the relevant road controlling authority by or under the authority of the relevant road controlling authority, and protecting trees growing on any roads or on land vested in or under the control of the relevant road controlling authority (whether or not planted by the relevant road controlling authority):

(zd)

regulating or prohibiting the construction of cellars or the making of excavations within a specified distance from any road or any adjoining land, and preventing cellars and excavations from becoming a receptacle for stagnant water or other impure matter:

Weights

(ze)

providing for—

(i)

the weighing or measurement of vehicle loads:

(ii)

the computation of the weight or measurement of loads from the cubical or superficial measurements of vehicle loads:

(zf)

prescribing the quantity of material that, for the purpose of a computation, may be conclusively treated as a specified weight or measurement of vehicle loads from the cubical or superficial measurements of vehicle loads:

(zg)

providing for the drivers of vehicles to—

(i)

give information as to vehicle loads and as to the quantity, weight, size, or measurement of vehicle loads:

(ii)

do any thing for the purpose of enabling the quantity, weight, size, or measurement of the loads to be ascertained, as may be requested by any person authorised in this regard:

(zh)

regulating the weights of vehicles or loads that may pass over bridges or culverts:

Pedlars

(zi)

prohibiting or permitting the occupation of stands or stalls (including vehicles used as stalls) by hawkers, pedlars, and keepers of mobile or travelling shops (subject, in the case of a State highway, to the prior consent of the Agency and to any conditions imposed by the Agency)—

(i)

in roads, public places, and State highways as the relevant road controlling authority thinks fit; or

(ii)

in specified roads or State highways or parts of specified roads or State highways; or

(iii)

in any public place adjoining specified roads or State highways or parts of specified roads or State highways if the presence of the stall or stand is likely to cause an obstruction or a danger to traffic:

(zj)

prescribing charges in respect of any permits that may be granted in relation to matters specified in paragraph (zi):

General

(zk)

regulating any road-related matters not addressed by paragraphs (a) to (zj), including (but not limited to) enhancing or promoting road safety or providing protection for the environment.

(2)

A bylaw made under subsection (1) may apply—

(a)

to all roads, any specified road, or any part of a specified road under the care, control, or management of the road controlling authority making the bylaw:

(b)

to all vehicles or traffic or to any specified class or classes of vehicles or traffic using a road under the care, control, or management of the road controlling authority making the bylaw:

(c)

at any specified time or times.

(3)

A bylaw made under subsection (1) may leave any matter or thing to be regulated, controlled, or prohibited by the road controlling authority by resolution generally, for any specified classes of case, or in a particular case.

(3A)

A relevant road controlling authority may, by resolution that is publicly notified, limit a parking place or transport station or any specified part of that parking place or transport station to vehicles belonging to or used by particular persons or classes of persons or to vehicles used for particular public purposes.

(3B)

If, under subsection (3A), a parking place or transport station is limited to vehicles belonging to or used by particular persons or classes of persons or to vehicles used for particular public purposes, no person in charge of any other vehicle may allow the vehicle to stand in the parking place or transport station.

(4)

A copy of every bylaw made under this section by a road controlling authority must, within 1 week after being made, be sent by the road controlling authority to the Minister, who may at any time disallow the bylaw or any part of the bylaw under section 22AC.

(5)

Nothing in this section—

(a)

applies to any railway on, over, or across any road; or

(b)

limits any provision in this Act or any other Act, or any provision in any rules or regulations made under this Act or any other Act, regarding the regulation of traffic on roads; or

(c)

limits the power to make bylaws conferred on a road controlling authority under any other Act.

(6)

In this section,—

keeper, in relation to a mobile or travelling shop, means the person by whom or on whose behalf any business is carried on by means of the mobile or travelling shop

mobile or travelling shop—

(a)

means a vehicle, whether self-propelled or not, from which goods, wares, or merchandise are offered or available for sale in the road, or from which goods, wares, or merchandise may be ordered in the road (whether or not in response to any invitation) or from which services are offered for sale in the road; but

(b)

does not include any vehicle on or from which food is sold for consumption in or at the vehicle, or any vehicle used for the purpose of transporting and delivering goods, wares, or merchandise ordered previously

parking place has the same meaning as in section 591(6) of the Local Government Act 1974

railway has the same meaning as in section 4(1) of the Railways Act 2005

transport station has the same meaning as in section 591(6) of the Local Government Act 1974.

Section 22AB: inserted, on 1 December 2009, by section 8 of the Land Transport (Enforcement Powers) Amendment Act 2009 (2009 No 36).

Section 22AB(1)(b): amended, on 11 August 2017, by section 90 of the Land Transport Amendment Act 2017 (2017 No 34).

Section 22AB(1)(c) heading: added, on 10 May 2011, by section 10(1) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).

Section 22AB(1)(c): added, on 10 May 2011, by section 10(1) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).

Section 22AB(1)(d): replaced, on 22 July 2015, by section 11 of the Land Transport (Speed Limits Validation and Other Matters) Act 2015 (2015 No 64).

Section 22AB(1)(e): added, on 10 May 2011, by section 10(1) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).

Section 22AB(1)(f): added, on 10 May 2011, by section 10(1) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).

Section 22AB(1)(g): added, on 10 May 2011, by section 10(1) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).

Section 22AB(1)(h): added, on 10 May 2011, by section 10(1) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).

Section 22AB(1)(i) heading: added, on 10 May 2011, by section 10(1) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).

Section 22AB(1)(i): added, on 10 May 2011, by section 10(1) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).

Section 22AB(1)(j): added, on 10 May 2011, by section 10(1) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).

Section 22AB(1)(k): added, on 10 May 2011, by section 10(1) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).

Section 22AB(1)(l): added, on 10 May 2011, by section 10(1) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).

Section 22AB(1)(m) heading: added, on 10 May 2011, by section 10(1) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).

Section 22AB(1)(m): added, on 10 May 2011, by section 10(1) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).

Section 22AB(1)(n): added, on 10 May 2011, by section 10(1) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).

Section 22AB(1)(o): added, on 10 May 2011, by section 10(1) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).

Section 22AB(1)(p) heading: added, on 10 May 2011, by section 10(1) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).

Section 22AB(1)(p): added, on 10 May 2011, by section 10(1) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).

Section 22AB(1)(q): added, on 10 May 2011, by section 10(1) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).

Section 22AB(1)(r): replaced, on 1 July 2017, by section 18 of the Energy Innovation (Electric Vehicles and Other Matters) Amendment Act 2017 (2017 No 27).

Section 22AB(1)(s) heading: added, on 10 May 2011, by section 10(1) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).

Section 22AB(1)(s): added, on 10 May 2011, by section 10(1) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).

Section 22AB(1)(t): added, on 10 May 2011, by section 10(1) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).

Section 22AB(1)(u): added, on 10 May 2011, by section 10(1) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).

Section 22AB(1)(v): added, on 10 May 2011, by section 10(1) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).

Section 22AB(1)(w) heading: added, on 10 May 2011, by section 10(1) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).

Section 22AB(1)(w): added, on 10 May 2011, by section 10(1) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).

Section 22AB(1)(x): added, on 10 May 2011, by section 10(1) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).

Section 22AB(1)(y): added, on 10 May 2011, by section 10(1) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).

Section 22AB(1)(z): added, on 10 May 2011, by section 10(1) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).

Section 22AB(1)(za): added, on 10 May 2011, by section 10(1) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).

Section 22AB(1)(zb): added, on 10 May 2011, by section 10(1) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).

Section 22AB(1)(zc): added, on 10 May 2011, by section 10(1) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).

Section 22AB(1)(zd): added, on 10 May 2011, by section 10(1) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).

Section 22AB(1)(ze) heading: added, on 10 May 2011, by section 10(1) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).

Section 22AB(1)(ze): added, on 10 May 2011, by section 10(1) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).

Section 22AB(1)(zf): added, on 10 May 2011, by section 10(1) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).

Section 22AB(1)(zg): added, on 10 May 2011, by section 10(1) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).

Section 22AB(1)(zh): added, on 10 May 2011, by section 10(1) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).

Section 22AB(1)(zi) heading: added, on 10 May 2011, by section 10(1) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).

Section 22AB(1)(zi): added, on 10 May 2011, by section 10(1) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).

Section 22AB(1)(zj): added, on 10 May 2011, by section 10(1) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).

Section 22AB(1)(zk) heading: added, on 10 May 2011, by section 10(1) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).

Section 22AB(1)(zk): added, on 10 May 2011, by section 10(1) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).

Section 22AB(3A): inserted, on 10 May 2011, by section 10(2) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).

Section 22AB(3B): inserted, on 10 May 2011, by section 10(2) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).

Section 22AB(6): substituted, on 10 May 2011, by section 10(3) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).

22AC Minister may amend, replace, or disallow bylaws

(1)

The Minister may, by notice published in the Gazette, amend, replace, or disallow, either wholly or in part, any bylaw made by a road controlling authority under section 22AB or any other enactment (whether before or after the commencement of this section) if the bylaw—

(a)

is inconsistent with any enactment; or

(b)

is unreasonable or undesirable in so far as it relates to or may affect traffic.

(2)

On any disallowance under subsection (1), the bylaw must, to the extent to which it is disallowed, be treated as having been revoked.

(3)

Any disallowance under subsection (1) takes effect either on the day of the publication of the notice of disallowance in the Gazette or on a later date that may be specified in the notice.

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

Section 22AC: inserted, on 1 December 2009, by section 8 of the Land Transport (Enforcement Powers) Amendment Act 2009 (2009 No 36).

22AD Consultation

(1)

Section 156 of the Local Government Act 2002 applies to a bylaw under section 22AB made by a road controlling authority that is a local authority as if that bylaw had been made under that Act.

(1A)

Section 9(4) and (5) of the Airport Authorities Act 1966 applies to any bylaw made under section 22AB by a local authority or an airport authority in respect of an airport operated by that local authority or airport authority.

(2)

A road controlling authority that is not a local authority may not make a bylaw under section 22AB unless it has consulted with—

(a)

the occupiers of any properties adjoining the road to which the proposed bylaw would apply; and

(b)

any affected road controlling authorities that are responsible for roads that join, or are located near, the road to which the proposed bylaw would apply; and

(c)

the territorial authority for the area where the road is located; and

(d)

any affected local community; and

(e)

the Commissioner of Police; and

(f)

any other organisation or road user group that the road controlling authority considers affected; and

(g)

the Agency (if the road controlling authority is not the Agency).

(3)

The road controlling authority must—

(a)

give notice in writing to the persons specified in subsection (2) of the road controlling authority’s proposal to make, amend, or replace a bylaw; and

(b)

give those persons a reasonable time, which must be specified in the notice, to make submissions on the proposal.

Section 22AD: inserted, on 1 December 2009, by section 8 of the Land Transport (Enforcement Powers) Amendment Act 2009 (2009 No 36).

Section 22AD(1): replaced, on 22 July 2015, by section 12 of the Land Transport (Speed Limits Validation and Other Matters) Act 2015 (2015 No 64).

Section 22AD(1A): inserted, on 22 July 2015, by section 12 of the Land Transport (Speed Limits Validation and Other Matters) Act 2015 (2015 No 64).

22AE Publication and proof of bylaws

(1)

As soon as practicable after a bylaw is made, the road controlling authority must give public notice of the making of the bylaw, stating—

(a)

the date on which the bylaw comes into force; and

(b)

that copies of the bylaw may be inspected and obtained at the office of the relevant road controlling authority on payment of a specified amount.

(2)

A road controlling authority must—

(a)

keep copies of all its bylaws at the office of the road controlling authority; and

(b)

make its bylaws available for public inspection, without fee, at reasonable hours at the office of the road controlling authority; and

(c)

supply to any person, on request and on payment of a reasonable charge, a copy of any of its bylaws.

(3)

The production of any document purporting to contain a printed copy of any bylaw made under section 22AB and authenticated by the road controlling authority that made it is, until the contrary is proved, sufficient evidence of the existence and provisions of the bylaw.

Section 22AE: inserted, on 1 December 2009, by section 8 of the Land Transport (Enforcement Powers) Amendment Act 2009 (2009 No 36).

22AF Warning notices

(1)

If a motor vehicle is operated in a manner that breaches a qualifying bylaw, an enforcement officer may attach a warning notice to the motor vehicle (instead of, or in addition to, issuing an applicable infringement notice).

(2)

The warning notice must be—

(a)

in the form prescribed by the Minister of Police by notice in the Gazette; and

(b)

attached to the motor vehicle subject to the warning notice in a manner that—

(i)

is visible; but

(ii)

does not interfere with the driver’s view of the road.

(3)

A warning notice attached to a motor vehicle under subsection (1)—

(a)

is in effect for a period of 90 days from the date of its attachment; and

(b)

must remain attached to the motor vehicle for that period.

Section 22AF: inserted, on 1 December 2009, by section 8 of the Land Transport (Enforcement Powers) Amendment Act 2009 (2009 No 36).

Traction engine safety

Heading: inserted, on 16 January 2006, by section 11 of the Land Transport Amendment Act 2005 (2005 No 77).

22B Operators of traction engines to hold appropriate current qualification

(1)

A person may not use a traction engine in a public place—

(a)

without an appropriate qualification provided for in the regulations or the rules; or

(b)

if the person is not permitted under this Act to drive a motor vehicle.

(2)

A person who uses a traction engine must produce without delay his or her qualification referred to in subsection (1)(a) for inspection whenever required to do so by an enforcement officer.

(3)

In this section and sections 22C and 36B, public place—

(a)

means a place that is open to, or being used by, the public, whether or not there is a charge for admission; and

(b)

includes a road and any part of a public place.

Section 22B: inserted, on 16 January 2006, by section 11 of the Land Transport Amendment Act 2005 (2005 No 77).

22C Traction engine to be safe and operated in compliance with regulations and rules

(1)

A person may not use a traction engine in a public place in a manner that, having regard to all the circumstances, is or might be dangerous to the public or to a person.

(2)

If the regulations or the rules require a traction engine to have current evidence of vehicle inspection, or any other certificate, or both, a person may not use the traction engine in a public place without the appropriate current evidence of vehicle inspection, certificate, or both (as the case may require).

(3)

A person who uses a traction engine that is required to have current evidence of vehicle inspection, or a certificate, must comply with the regulations and the rules concerning such evidence or certificate, and the use of the traction engine.

(4)

Current evidence of vehicle inspection must be displayed on the traction engine to which it applies.

Section 22C: inserted, on 16 January 2006, by section 11 of the Land Transport Amendment Act 2005 (2005 No 77).

Part 4 Driver licensing

23 Issue of driver licences

(1)

The Agency must issue driver licences in accordance with the regulations and the rules.

(2)

Except as provided in subsection (3), a driver licence may be issued for a period not exceeding 10 years and, unless the licence is extended under that subsection or for any reason ceases to have effect on an earlier date, the licence expires on the expiry date specified on the licence.

(3)

The Agency may—

(a)

issue licences for a period not exceeding 11 years in cases provided for by the rules:

(b)

extend, in accordance with the rules, the term of a driver licence by 1 further period not exceeding 12 months.

(4)

All driver licences in force immediately before this subsection comes into force continue in force and expire on a date to be determined in accordance with the rules, even though they may have been valid for more than 10 years when issued.

Compare: 1986 No 6 s 4

Section 23(1): amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

Section 23(3): amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

24 Agency may issue temporary driver licences

(1)

If an applicant for a driver licence meets the requirements for the issue of a licence of the class sought and the Agency is satisfied there will be some delay in issuing the licence, the Agency may issue to the person a temporary driver licence which—

(a)

must be in such form and contain such details as may be specified in the rules; and

(b)

is valid for such period, not exceeding 21 days, as may be specified on the temporary licence.

(2)

A temporary driver licence issued under this section has the same effect as a driver licence of the same class issued under section 23.

(3)

Despite subsection (1), in the case of a person whose licence has expired or been revoked, the Agency may issue a temporary licence, valid for a period not exceeding 1 year as specified on the temporary licence, as necessary to enable the person to continue to drive while his or her fitness to drive is assessed by the Agency or a person authorised by the Agency.

Section 24 heading: amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

Section 24(1): amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

Section 24(3): added, on 16 January 2006, by section 12 of the Land Transport Amendment Act 2005 (2005 No 77).

Section 24(3): amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

24A Authorised persons may request driver licences for certain persons

(1)

Despite section 23, the following persons may make a written request to the Agency to create and issue a driver licence for an assumed identity:

(a)

the Commissioner, for the purpose of protecting a person who—

(i)

is a Police employee or a person who is, has been, or may be a witness in any proceedings:

(ii)

needs protection because of his or her relationship to a person who is, has been, or may be a witness in any proceeding:

(iii)

needs protection because of his or her relationship to a Police employee:

(b)

the Director-General of an intelligence and security agency, for the purpose of protecting the identity of a person who is, has been, or will be an employee:

(c)

the chief executive, for the purpose of protecting a person who is, has been, or will be—

(i)

a fishery officer; or

(ii)

approved by the chief executive to undertake activities for the Ministry.

(2)

The Agency may create and issue a driver licence for an assumed identity if the Agency receives a request under subsection (1)(a), (b), or (c).

(3)

New identity information is created by the Agency by omitting, amending, or adding to—

(a)

birth information, description information, name change information, or address information (including, if necessary, the creation of other identities to support the person’s new identity information); and

(b)

operational or administrative information as necessary, so that it supports the information described in paragraph (a).

(4)

The Agency may omit, amend, or add information as necessary if the Agency receives notification that the driver licence is no longer required, or has been compromised, from—

(a)

the Commissioner, in relation to the driver licence created as a result of a request under subsection (1)(a); or

(b)

the Director-General of an intelligence and security agency, in relation to new identity information created as the result of a request under subsection (1)(b); or

(c)

the chief executive, in relation to the driver licence created as a result of a request under subsection (1)(c).

(5)

In this section,—

chief executive, fishery officer, and Ministry have the same meanings as in section 2(1) of the Fisheries Act 1996

Director-General of an intelligence and security agency has the meaning given to it by section 4 of the Intelligence and Security Act 2017

employee, in relation to an intelligence and security agency, has the meaning given to it by section 22 of the Intelligence and Security Act 2017

intelligence and security agency has the meaning given to it by section 4 of the Intelligence and Security Act 2017

Police employee means—

(a)

a person appointed under section 18 of the Policing Act 2008; or

(b)

a person—

(i)

who is a member of an overseas law enforcement agency that corresponds to the New Zealand Police; and

(ii)

whose identity is concealed for the purpose of carrying out a policing function approved by the Commissioner.

Compare: 1995 No 16 s 65

Section 24A: inserted, on 10 May 2011, by section 11 of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).

Section 24A(1)(b): replaced, on 28 September 2017, by section 281(1) of the Intelligence and Security Act 2017 (2017 No 10).

Section 24A(4)(b): replaced, on 28 September 2017, by section 281(2) of the Intelligence and Security Act 2017 (2017 No 10).

Section 24A(5) Director-General of an intelligence and security agency: inserted, on 28 September 2017, by section 281(4) of the Intelligence and Security Act 2017 (2017 No 10).

Section 24A(5) Director of Security, employee, and officer: repealed, on 28 September 2017, by section 281(3) of the Intelligence and Security Act 2017 (2017 No 10).

Section 24A(5) employee: inserted, on 28 September 2017, by section 281(4) of the Intelligence and Security Act 2017 (2017 No 10).

Section 24A(5) intelligence and security agency: inserted, on 28 September 2017, by section 281(4) of the Intelligence and Security Act 2017 (2017 No 10).

25 Minimum age for driver licensing

(1)

A person who is younger than 16 years may not hold or obtain a driver licence.

(2)

However, a person who holds a New Zealand driver licence immediately before 1 August 2011 and is younger than 16 years may continue to hold that driver licence.

(3)

A person referred to in subsection (2) may apply to the Agency to reinstate or replace that licence as necessary, or apply for a limited licence if an order has been made under section 105.

Compare: 1986 No 6 s 40(2)

Section 25(1): amended, on 1 August 2011, by section 12(1) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).

Section 25(2): added, on 1 August 2011, by section 12(2) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).

Section 25(3): added, on 1 August 2011, by section 12(2) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).

26 Drivers may be tested and examined

The Agency may require an applicant for a driver licence and holders of driver licences to—

(a)

complete courses that are approved by the Agency:

(b)

pass tests and examinations that are approved by the Agency.

Section 26: substituted, on 16 January 2006, by section 13 of the Land Transport Amendment Act 2005 (2005 No 77).

Section 26: amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

Section 26(a): amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

Section 26(b): amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

27 Suspension and revocation of licences

The Agency may suspend or revoke a driver licence in accordance with the regulations and the rules.

Section 27: amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

28 Photographic driver licence

(1)

A driver licence must be in the prescribed form and must have on it—

(a)

a photographic image of the holder; and

(b)

the holder’s name and signature; and

(c)

the holder’s date of birth; and

(d)

unique identifiers to distinguish the licence and the holder from other driver licences and holders; and

(e)

the classes to which the licence applies; and

(f)

the endorsements issued to the holder; and

(g)

the original date of issue of the licence; and

(h)

the date on which the licence expires; and

(i)

organ donor information (if applicable); and

(j)

an indication of any condition the holder must comply with while driving a motor vehicle; and

(k)

such other features as may be specified in the rules for the purposes of verifying or protecting the integrity of the licence.

(2)

In addition, a driver licence may show the holder’s address if the holder requests that those details be shown.

(3)

A driver licence may not have on it any photographic image, information, or features other than those referred to in subsection (1) or subsection (2).

(4)

This section applies to licences issued or renewed on or after the date this section comes into force, subject to subsections (4A), (4B), and (4C).

(4A)

Without limiting subsection (4), subsection (1)(g) applies to all new driver licences, including—

(a)

renewal of a current driver licence; and

(b)

renewal of an expired driver licence, whether the holder—

(i)

was previously suspended or disqualified; or

(ii)

failed to renew his or her driver licence on expiry; and

(c)

a replacement driver licence.

(4B)

Despite subsections (1)(g) and (4),—

(a)

in the case of a driver licence that has been revoked, the new driver licence must show the date of issue of the new licence; and

(b)

in the case of a person who applies to convert an overseas licence or permit to a New Zealand full driver licence, the licence must show the date of issue of that person’s first New Zealand driver licence; and

(c)

in the case of a learner licence or restricted licence issued under Part 4 of the Land Transport (Driver Licensing) Rule 1999, the original date of issue of the learner licence or restricted licence must be shown on that licence.

(4C)

Subsection (4B)(c) does not apply if the learner licence or the restricted licence adds a class to an existing licence.

(5)

The agency—

(a)

must store the photographic image used for each licence until the licence expires; and

(b)

may store the photographic image used for each licence after the licence has expired.

Section 28(1)(g): amended, on 16 January 2006, by section 14(1) of the Land Transport Amendment Act 2005 (2005 No 77).

Section 28(4): amended, on 16 January 2006, by section 14(2) of the Land Transport Amendment Act 2005 (2005 No 77).

Section 28(4A): inserted, on 16 January 2006, by section 14(3) of the Land Transport Amendment Act 2005 (2005 No 77).

Section 28(4B): inserted, on 16 January 2006, by section 14(3) of the Land Transport Amendment Act 2005 (2005 No 77).

Section 28(4C): inserted, on 16 January 2006, by section 14(3) of the Land Transport Amendment Act 2005 (2005 No 77).

Section 28(5): replaced, on 22 August 2017, by section 40 of the Enhancing Identity Verification and Border Processes Legislation Act 2017 (2017 No 42).

28A Transitional provisions for photographic driver licences

Despite section 28(1)(g) and (4), the date of issue of a driver licence continues to be shown on an existing licence until that licence is renewed or replaced under Part 12 of the Land Transport (Driver Licensing) Rule 1999.

Section 28A: inserted, on 16 January 2006, by section 15 of the Land Transport Amendment Act 2005 (2005 No 77).

29 Certain driver licences have no effect

(1)

A driver licence has no effect if—

(a)

a person is disqualified from holding, or unqualified to hold, a driver licence:

(b)

the licence is invalid or is issued invalidly:

(c)

the licence is revoked, cancelled, superseded, or replaced:

(d)

the licence is for the time being suspended under any Act.

(2)

An authority to drive vehicles of a specified class that is conferred by part of a driver licence or an endorsement on a driver licence has no effect if—

(a)

the person who obtained the authority is not qualified to drive, or is disqualified from driving, vehicles of that class; or

(b)

the relevant part of the licence or the endorsement is for the time being suspended, or has been revoked, under any Act.

Section 29(1): substituted, on 10 May 2011, by section 13 of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).

29A Persons convicted of specified serious offences prohibited from holding passenger endorsement

(1)

A person who has been convicted of a specified serious offence on, before, or after the commencement of this section may not hold a passenger endorsement on his or her driver licence.

(2)

A passenger endorsement is deemed to be expired and of no effect if held by a person who has been convicted of a specified serious offence on, before, or after the commencement of this section.

(3)

Despite subsection (1), a person may hold a passenger endorsement if—

(a)

the person has not, with respect to a conviction for a specified serious offence, been sentenced to imprisonment for a term exceeding 12 months; and

(b)

the Agency is, having regard to the criteria in section 29B(2)(b), satisfied that allowing the person to hold a passenger endorsement would not—

(i)

be contrary to the public interest; and

(ii)

pose an undue risk to public safety or security.

(4)

For the purposes of this section,—

imprisonment excludes—

(a)

corrective training; or

(b)

borstal training; or

(c)

detention centre training

specified serious offence means—

(a)

murder; or

(b)

a sexual crime under Part 7 of the Crimes Act 1961 punishable by 7 or more years’ imprisonment (other than an act that is no longer an offence); and includes a crime under section 144A or section 144C of that Act; or

(c)

an offence against any of the following sections of the Crimes Act 1961:

(i)

section 173 (attempt to murder):

(ii)

section 174 (counselling or attempting to procure murder):

(iii)

section 175 (conspiracy to murder):

(iv)

section 176 (accessory after the fact to murder):

(v)

section 188 (wounding with intent):

(vi)

section 189(1) (intent to cause bodily harm by injury):

(vii)

section 191 (aggravated wounding or injury):

(viii)

section 198 (discharging firearm or doing dangerous act with intent):

(ix)

section 199 (acid throwing):

(x)

section 200(1) (intent to cause grievous bodily harm by poison):

(xi)

section 201 (infecting with disease):

(xii)

section 208 (abduction for purposes of marriage or sexual connection):

(xiii)

section 209 (kidnapping):

(xiv)

section 210 (abduction of young person under 16):

(xv)

section 234 (robbery):

(xvi)

section 235 (aggravated robbery):

(xvii)

section 236 (assault with intent to rob):

(d)

an offence committed outside New Zealand that, if committed in New Zealand, would constitute an offence specified in paragraphs (a) to (c).

Section 29A: inserted, on 16 January 2006, by section 16 of the Land Transport Amendment Act 2005 (2005 No 77).

Section 29A heading: amended, on 21 March 2006, by section 4(1) of the Land Transport Amendment Act 2006 (2006 No 2).

Section 29A(1): amended, on 21 March 2006, by section 4(2) of the Land Transport Amendment Act 2006 (2006 No 2).

Section 29A(3): substituted, on 21 March 2006, by section 4(3) of the Land Transport Amendment Act 2006 (2006 No 2).

Section 29A(3)(b): amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

Section 29A(3)(b): amended, on 20 September 2007, by section 4 of the Land Transport Amendment Act 2007 (2007 No 66).

Section 29A(4): added, on 21 March 2006, by section 4(3) of the Land Transport Amendment Act 2006 (2006 No 2).

29B Passenger endorsement may be reinstated in certain cases

(1)

A person who has a conviction for a specified serious offence may apply to the Agency to have the passenger endorsement reinstated if—

(a)

the person’s passenger endorsement—

(i)

is deemed to be expired and of no effect under section 29A(2); or

(ii)

expired during the period beginning on 22 June 2005 and ending on the close of 15 January 2006; and

(b)

the person has not, with respect to a conviction for an offence specified in paragraph (a) or paragraph (b) of the definition of specified serious offence in section 29A(4), been sentenced to imprisonment for a term exceeding 12 months.

(2)

If an application is made under subsection (1), the Agency—

(a)

may reinstate the applicant’s passenger endorsement if satisfied that allowing the applicant to hold a passenger endorsement would not—

(i)

be contrary to the public interest; and

(ii)

pose an undue risk to public safety or security; and

(b)

must, when determining whether reinstating the applicant’s passenger endorsement would not be contrary to the public interest and would not pose an undue risk to public safety or security, have regard to—

(i)

the sentence imposed for the applicant’s last conviction for a specified serious offence; and

(ii)

the length of time since the applicant’s last conviction for a specified serious offence; and

(iii)

the nature and circumstances of each specified serious offence for which the applicant has been convicted; and

(iv)

any other convictions that the applicant has; and

(v)

the general safety criteria set out in section 30C; and

(vi)

any other matters that the Agency considers relevant, including (but not limited to) submissions by any affected party.

(3)

If the Agency decides to reinstate the person’s passenger endorsement under subsection (2) or allow a person to hold a passenger endorsement under section 29A(3), section 29A(1) does not apply with respect to the person unless the person commits a specified serious offence on or after the date of the Agency’s decision.

(4)

If the Agency decides not to reinstate the person’s passenger endorsement under subsection (2) or allow a person to hold a passenger endorsement under section 29A(3), the person may appeal to the High Court.

(5)

For the purposes of this section,—

imprisonment has the same meaning as in section 29A(4)

specified serious offence has the same meaning as in section 29A(4).

Section 29B: substituted, on 21 March 2006, by section 5(1) of the Land Transport Amendment Act 2006 (2006 No 2).

Section 29B(1): amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

Section 29B(2): amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

Section 29B(2)(b)(vi): amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

Section 29B(3): amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

Section 29B(4): amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

30 Driver licences are property of Agency and are to be surrendered in certain circumstances

(1)

Driver licences are the property of the Agency and, except where section 19 or subsection (4B) applies, must be surrendered or forwarded to the Agency in accordance with subsections (2) to (4A).

(2)

The holder of a driver licence must, immediately after receiving notice of the suspension or revocation, surrender his or her licence to the Agency if—

(a)

the licence is suspended or revoked under any Act; or

(b)

the suspension or revocation applies to any endorsement or class specified in the licence but not to the whole licence.

(3)

If the holder of a driver licence is disqualified by order of a court from holding or obtaining a driver licence, the holder must (whether or not a demand is made on him or her) immediately surrender the licence to the court where the order was made or to a constable or at any office of the Agency.

(3A)

If an enforcement officer has suspended a person’s driver licence in accordance with section 90(2), the person must immediately surrender his or her licence to the officer.

(4)

A person who receives a driver licence under subsection (3), (3A), (4A)(b) or (c), or (4B) must immediately forward it to the Agency.

(4A)

The holder of a driver licence must, if that licence is superseded by another driver licence, surrender that driver licence to—

(a)

the Agency; or

(b)

a person appointed by the Agency; or

(c)

a constable.

(4B)

A person on whom a driver licence stop order is imposed must,—

(a)

if the order is served in a way other than that described in section 91B(1)(a), deliver or post his or her driver licence to an employee or agent of the Ministry of Justice at an office of that Ministry or at the District Court:

(b)

if the order is served in the way described in section 91B(1)(a), surrender his or her driver licence to the employee or agent of the Ministry of Justice, or to the enforcement officer, who serves the order.

(5)

The Agency must, subject to sections 82A, 83, and 105(6A) and as soon as practicable after being satisfied that a person is entitled to apply for and be granted a driver licence,—

(a)

issue a new driver licence to the person when the disqualification or suspension expires or is removed; or

(b)

in the case where a court authorises the issue of an alcohol interlock licence, issue an alcohol interlock licence to the person; or

(c)

in the case where a court authorises the issue of a zero alcohol licence, issue a zero alcohol licence to the person; or

(d)

in the case where a court authorises the issue of a limited licence, issue a limited licence to the person.

Section 30 heading: amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

Section 30 heading: amended, on 22 June 2005, by section 17(1) of the Land Transport Amendment Act 2005 (2005 No 77).

Section 30(1): amended, on 1 November 2013, by section 5(1) of the Land Transport Amendment Act 2011 (2011 No 31).

Section 30(1): amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

Section 30(1): amended, on 22 June 2005, by section 17(2) of the Land Transport Amendment Act 2005 (2005 No 77).

Section 30(2): amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

Section 30(3): amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).

Section 30(3): amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

Section 30(3A): inserted, on 20 September 2007, by section 5(1) of the Land Transport Amendment Act 2007 (2007 No 66).

Section 30(4): amended, on 1 November 2013, by section 5(2) of the Land Transport Amendment Act 2011 (2011 No 31).

Section 30(4): amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

Section 30(4): amended, on 20 September 2007, by section 5(2) of the Land Transport Amendment Act 2007 (2007 No 66).

Section 30(4A): inserted, on 22 June 2005, by section 17(3) of the Land Transport Amendment Act 2005 (2005 No 77).

Section 30(4A)(a): amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

Section 30(4A)(b): amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

Section 30(4A)(c): amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).

Section 30(4B): inserted, on 1 November 2013, by section 5(3) of the Land Transport Amendment Act 2011 (2011 No 31).

Section 30(4B)(a): amended, on 1 March 2017, by section 261 of the District Court Act 2016 (2016 No 49).

Section 30(5): substituted, on 10 May 2011, by section 14 of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).

Part 4A Transport services licensing

Part 4A: inserted, on 1 October 2007, by section 18 of the Land Transport Amendment Act 2005 (2005 No 77).

Subpart 1—Primary responsibilities of holders of transport service licences

Subpart 1: inserted, on 1 October 2007, by section 18 of the Land Transport Amendment Act 2005 (2005 No 77).

30A Requirements for vehicles

(1)

A holder of a transport service licence must ensure that—

(a)

every vehicle to be used in the service is maintained in a fit and proper condition and that the requirements of any Act, regulation, or rule made for this purpose are met:

(b)

no vehicle is used in the service unless and until all fees payable in respect of the vehicle and the service under any Act, regulation, or bylaw have been duly paid or appropriate arrangements have been made for payment.

(2)

The holder of any transport service licence must, whenever required to do so by the Agency, present for inspection any transport service vehicle used in the service.

(2A)

The driver of a small passenger service vehicle must, whenever required to do so by the Agency, present the vehicle for inspection.

(3)

No evidence of vehicle inspection may be issued in respect of a transport service vehicle unless the person issuing the evidence of vehicle inspection has been notified of the transport service licence number under which the vehicle is being operated.

(4)

No person may use a transport service vehicle if that vehicle has suffered serious damage until the vehicle has been inspected and passed as being safe by a person authorised by the Agency, or the owner of the vehicle has been informed by such a person that the vehicle is not to be inspected.

(5)

Nothing in subsection (1), (3), or (4) applies to a vehicle used in a small passenger service.

(6)

Nothing in this section applies to—

(a)

the facilitator of a facilitated cost-sharing arrangement; or

(b)

a vehicle used in a facilitated cost-sharing arrangement; or

(c)

a vehicle designed or adapted to carry 12 or fewer persons (including the driver) provided by one of the passengers being carried.

Compare: 1989 No 74 ss 31, 33

Section 30A: inserted, on 1 October 2007, by section 18 of the Land Transport Amendment Act 2005 (2005 No 77).

Section 30A(1)(a): amended, on 1 October 2017, by section 62(1) of the Land Transport Amendment Act 2017 (2017 No 34).

Section 30A(1)(b): amended, on 1 October 2017, by section 62(1) of the Land Transport Amendment Act 2017 (2017 No 34).

Section 30A(2): amended, on 1 October 2017, by section 62(2) of the Land Transport Amendment Act 2017 (2017 No 34).

Section 30A(2): amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

Section 30A(2A): inserted, on 1 October 2017, by section 62(3) of the Land Transport Amendment Act 2017 (2017 No 34).

Section 30A(4): amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

Section 30A(5): inserted, on 1 October 2017, by section 62(4) of the Land Transport Amendment Act 2017 (2017 No 34).

Section 30A(6): inserted, on 1 October 2017, by section 62(4) of the Land Transport Amendment Act 2017 (2017 No 34).

30B Provision of identification information in Braille

[Repealed]

Section 30B: repealed, on 1 October 2017, by section 63 of the Land Transport Amendment Act 2017 (2017 No 34).

Subpart 2—Fit and proper person test

Subpart 2: inserted, on 1 October 2007, by section 18 of the Land Transport Amendment Act 2005 (2005 No 77).

Assessment criteria

Heading: inserted, on 1 October 2007, by section 18 of the Land Transport Amendment Act 2005 (2005 No 77).

30C General safety criteria

(1)

When assessing whether or not a person is a fit and proper person in relation to any transport service, the Agency must consider, in particular, any matter that the Agency considers should be taken into account—

(a)

in the interests of public safety; or

(b)

to ensure that the public is protected from serious or organised criminal activity.

(2)

For the purpose of determining whether or not a person is a fit and proper person for any of the purposes of this Part, the Agency may consider, and may give any relative weight that the Agency thinks fit having regard to the degree and nature of the person’s involvement in any transport service, to the following matters:

(a)

the person’s criminal history (if any):

(b)

any offending by the person in respect of transport-related offences (including any infringement offences):

(c)

any history of serious behavioural problems:

(d)

any complaints made in relation to any transport service provided or operated by the person or in which the person is involved, particularly complaints made by users of the service:

(e)

any history of persistent failure to pay fines incurred by the person in respect of transport-related offences:

(f)

any other matter that the Agency considers it is appropriate in the public interest to take into account.

(3)

In determining whether or not a person is a fit and proper person for any of the purposes of this Part, the Agency may consider—

(a)

any conviction for an offence, whether or not—

(i)

the conviction was in a New Zealand court; or

(ii)

the offence was committed before the commencement of this Part or corresponding former enactment; or

(iii)

the person incurred demerit points under this Act or a corresponding former enactment in respect of the conviction; and

(b)

the fact that the person has been charged with any offence that is of such a nature that the public interest would seem to require that a person convicted of committing such an offence not be considered to be fit and proper for the purposes of this section.

(4)

Despite subsection (3), the Agency may take into account any other matters and evidence as the Agency considers relevant.

Compare: 1989 No 74 s 24(1), (2)(d), (3)

Section 30C: inserted, on 1 October 2007 (with effect on 21 March 2006 for the purposes of section 29B(2)(b)(v)), by section 18 of the Land Transport Amendment Act 2005 (2005 No 77).

Section 30C(1): amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

Section 30C(2): amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

Section 30C(2)(f): amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

Section 30C(3): amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

Section 30C(4): amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

30D Additional criteria for small passenger service and vehicle recovery service

Without in any way limiting the matters that the Agency may consider under section 30C(2), when the Agency is assessing whether or not a person is a fit and proper person in relation to any small passenger service, or to any vehicle recovery service, the Agency must consider, in particular,—

(a)

any history of serious behavioural problems:

(b)

any offending in respect of offences of violence, sexual offences, drugs offences, arms offences, or offences involving organised criminal activities:

(c)

any offending in respect of major transport-related offences, particularly offences relating to safety or to road user charges:

(d)

any persistent offending of any kind:

(e)

any complaints in respect of the person or any transport service operated by the person that are of a persistent or serious nature.

Compare: 1989 No 74 s 24(2)(a)

Section 30D: inserted, on 1 October 2007, by section 18 of the Land Transport Amendment Act 2005 (2005 No 77).

Section 30D heading: amended, on 1 October 2017, by section 64(1) of the Land Transport Amendment Act 2017 (2017 No 34).

Section 30D: amended, on 1 October 2017, by section 64(2) of the Land Transport Amendment Act 2017 (2017 No 34).

Section 30D: amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

30E Additional criteria for large passenger service

Without in any way limiting the matters that the Agency may have regard to under section 30C(2), when the Agency is assessing whether or not a person is a fit and proper person in relation to any large passenger service, the Agency must consider, in particular,—

(a)

any history of serious behavioural problems that indicate a propensity for violence:

(b)

any offending in respect of offences of violence or sexual offences:

(c)

any offending in respect of major transport-related offences, particularly offences relating to safety or to road user charges.

Compare: 1989 No 74 s 24(2)(b)

Section 30E: inserted, on 1 October 2007, by section 18 of the Land Transport Amendment Act 2005 (2005 No 77).

Section 30E heading: amended, on 1 October 2017, by section 65(1) of the Land Transport Amendment Act 2017 (2017 No 34).

Section 30E: amended, on 1 October 2017, by section 65(2) of the Land Transport Amendment Act 2017 (2017 No 34).

Section 30E: amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

30F Additional criteria for goods service

Without in any way limiting the matters that the Agency may have regard to under section 30C(2), when the Agency is assessing whether or not a person is a fit and proper person in relation to any goods service, the Agency must consider, in particular,—

(a)

any criminal activity conducted in the course of any transport service or transport-related business or employment:

(b)

any offending in respect of major transport-related offences, particularly offences relating to safety or to road user charges.

Compare: 1989 No 74 s 24(2)(c)

Section 30F: inserted, on 1 October 2007, by section 18 of the Land Transport Amendment Act 2005 (2005 No 77).

Section 30F: amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

Information requirements

Heading: inserted, on 1 October 2007, by section 18 of the Land Transport Amendment Act 2005 (2005 No 77).

30G Agency may require information for fit and proper person assessment

The Agency may, for the purpose of determining whether or not a person is a fit and proper person for any of the purposes of this Act,—

(a)

seek and receive any information that the Agency thinks fit; and

(b)

consider information obtained from any source.

Compare: 1989 No 74 s 24(4)

Section 30G: inserted, on 1 October 2007, by section 18 of the Land Transport Amendment Act 2005 (2005 No 77).

Section 30G heading: amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

Section 30G: amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

Section 30G(a): amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

30H Agency’s duties concerning prejudicial information

If the Agency proposes to take into account any information that is or may be prejudicial to the person, the Agency must, subject to section 30I(1) and to subpart 5, disclose that information to the person and, in accordance with subpart 5, give the person a reasonable opportunity to refute or comment on it.

Compare: 1989 No 74 s 24(5)

Section 30H: inserted, on 1 October 2007, by section 18 of the Land Transport Amendment Act 2005 (2005 No 77).

Section 30H heading: amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

Section 30H: amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

30I Non-disclosure by Agency of information for safety reasons

(1)

Nothing in section 30H requires the Agency to disclose any information the disclosure of which would be likely to endanger the safety of any person.

(2)

If the Agency determines not to disclose any information in reliance on subsection (1), the Agency must inform the person of the fact of non-disclosure and,—

(a)

in the case of non-disclosure to an individual of information about the individual,—

(i)

inform the individual that he or she may, under the Privacy Act 1993, complain to the Privacy Commissioner about that non-disclosure; and

(ii)

the provisions of that Act apply to that non-disclosure as if, following a request under that Act for the information withheld, the information has been withheld in reliance on section 27(1)(d) of that Act; and

(b)

in any other case,—

(i)

inform the person that the person may seek a review by an Ombudsman of that non-disclosure under the Official Information Act 1982; and

(ii)

the provisions of that Act apply to that non-disclosure as if, following a request under that Act for the information withheld, the information had been withheld in reliance on section 6(d) of that Act.

Compare: 1989 No 74 s 24(6), (7)

Section 30I: inserted, on 1 October 2007, by section 18 of the Land Transport Amendment Act 2005 (2005 No 77).

Section 30I heading: amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

Section 30I(1): amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

Section 30I(2): amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

Subpart 3—Licensing of transport services

Subpart 3: inserted, on 1 October 2007, by section 18 of the Land Transport Amendment Act 2005 (2005 No 77).

30J Transport service operators must be licensed

A transport service operator may not carry on (or, in relation to a small passenger service operator, facilitate) any of the following transport services unless licensed to do so:

(a)

a goods service:

(b)

a large passenger service:

(c)

a rental service:

(d)

a small passenger service:

(e)

a vehicle recovery service.

Section 30J: replaced, on 1 October 2017, by section 66 of the Land Transport Amendment Act 2017 (2017 No 34).

30K Application for transport service licence

(1)

Every application for a transport service licence must be—

(a)

made in accordance with the regulations and the rules; and

(b)

accompanied by the fee (if any) required by the regulations.

(2)

A person may not hold or apply for a transport service licence while he or she is disqualified under this Act or any other Act from holding or obtaining a transport service licence.

Compare: 1989 No 74 s 6

Section 30K: inserted, on 1 October 2007, by section 18 of the Land Transport Amendment Act 2005 (2005 No 77).

30L Grant of licence

(1)

After considering an application for a transport service licence, the Agency may grant the licence only if the Agency is satisfied that—

(a)

the applicant is a fit and proper person to hold a transport service licence; and

(b)

any person who is to have, or is likely to have, control of the transport service is a fit and proper person to have such control; and

(c)

any representative meeting the requirements of subsection (1A)(b) is a fit and proper person to be a representative; and

(d)

the applicant or any person who is to have control of the transport service is the holder of the appropriate certificate (if any) required by the regulations or the rules; and

(e)

all relevant requirements of this Act, the regulations, and the rules have been complied with.

(1A)

The Agency may grant a small passenger service licence only if the Agency is satisfied that—

(a)

a person who is to have control of the small passenger service in New Zealand lives in New Zealand; or

(b)

the small passenger service operator has a representative who lives in New Zealand.

(2)

In determining whether or not a person is a fit and proper person in relation to any transport service, the Agency must consider the matters specified in subpart 2.

(3)

Subpart 5 applies to a decision not to grant a transport service licence.

Compare: 1989 No 74 s 8(1), (2)

Section 30L: inserted, on 1 October 2007, by section 18 of the Land Transport Amendment Act 2005 (2005 No 77).

Section 30L(1): replaced, on 1 October 2017, by section 67(1) of the Land Transport Amendment Act 2017 (2017 No 34).

Section 30L(1A): inserted, on 1 October 2017, by section 67(1) of the Land Transport Amendment Act 2017 (2017 No 34).

Section 30L(2): amended, on 1 October 2017, by section 67(2) of the Land Transport Amendment Act 2017 (2017 No 34).

Section 30L(2): amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

30M Conditions of goods service licence

Despite section 30L(1) and (2), the Agency may grant the licence on such conditions as the Agency may specify on the licence or in writing to the holder if the applicant applies for a goods service licence and the Agency—

(a)

is not satisfied that the applicant is a fit and proper person to operate a goods service under the licence sought; but

(b)

is satisfied that—

(i)

the applicant is a fit and proper person to operate a goods service under a licence to carry the applicant’s own goods, if specified conditions are imposed; and

(ii)

the grant of such a licence is not contrary to the public interest.

Compare: 1989 No 74 s 8(3)

Section 30M: inserted, on 1 October 2007, by section 18 of the Land Transport Amendment Act 2005 (2005 No 77).

Section 30M heading: amended, on 1 October 2017, by section 68 of the Land Transport Amendment Act 2017 (2017 No 34).

Section 30M: amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

30N Transfer, assignment, or lease of transport service licence prohibited

(1)

A transport service licence may not be transferred, leased, or assigned to any person.

(2)

Nothing in subsection (1) prevents the carrying on of a transport service under a transport service licence that was previously held by a deceased person or a person permanently mentally incapacitated, for a period not exceeding 6 months following the death or incapacitation of the person,—

(a)

by the personal representative of the deceased or incapacitated person; or

(b)

by any other person under an arrangement with the personal representative.

Compare: 1989 No 74 s 26(1), (2)

Section 30N: inserted, on 1 October 2007, by section 18 of the Land Transport Amendment Act 2005 (2005 No 77).

30O Term of transport service licence

(1)

A transport service licence takes effect on the day it is granted and continues in force until it is—

(a)

surrendered under subsection (2); or

(b)

deemed to be surrendered under subsection (3); or

(c)

revoked under section 30S.

(2)

The holder of a transport service licence may surrender the transport service licence at any time by written notice to the Agency.

(3)

If no vehicle has been operated under a transport service licence for a period of 2 years, the licence is deemed to have been surrendered.

(4)

No transport service licence for a transport service operated by any of the following may be suspended or revoked for any reason:

(a)

the New Zealand Defence Force; or

(b)

Fire and Emergency New Zealand; or

(c)

the Police; or

(d)

any emergency service organisation approved by the Agency for the purposes of this section.

Compare: 1989 No 74 ss 3(2), 27, 28

Section 30O: inserted, on 1 October 2007, by section 18 of the Land Transport Amendment Act 2005 (2005 No 77).

Section 30O(2): amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

Section 30O(4)(a): amended, on 11 August 2017, by section 50 of the Land Transport Amendment Act 2017 (2017 No 34).

Section 30O(4)(b): replaced, on 1 July 2017, by section 197 of the Fire and Emergency New Zealand Act 2017 (2017 No 17).

Section 30O(4)(d): amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

30P Driver must have or drive under transport service licence

A transport service driver must, when using a vehicle in a transport service,—

(a)

have the relevant transport service licence; or

(b)

drive on behalf of the holder of the relevant transport service licence; or

(c)

have been facilitated to connect with passengers by a facilitator who holds a small passenger service licence.

Section 30P: replaced, on 1 October 2017, by section 69 of the Land Transport Amendment Act 2017 (2017 No 34).

30Q Records to be kept by facilitator of facilitated cost-sharing arrangement

(1)

A facilitator of a facilitated cost-sharing arrangement must keep—

(a)

all records of payments to the driver; and

(b)

all records of payments made by passengers to the facilitator; and

(c)

a record of the distance travelled on each trip.

(2)

The person who keeps the records required under subsection (1) must—

(a)

keep each record for 12 months from the date it is made; and

(b)

make all records referred to in subsection (1) in the possession or control of that person available for immediate inspection on demand at any reasonable time by the Agency.

(3)

A person employed by the Agency to whom records are made available for inspection under subsection (2)(b) is entitled to make copies of those records.

Section 30Q: replaced, on 1 October 2017, by section 69 of the Land Transport Amendment Act 2017 (2017 No 34).

30R Agency may revoke approval

[Repealed]

Section 30R: repealed, on 1 October 2017, by section 69 of the Land Transport Amendment Act 2017 (2017 No 34).

Subpart 4—Revocation of transport service licences

Subpart 4: inserted, on 1 October 2007, by section 18 of the Land Transport Amendment Act 2005 (2005 No 77).

30S When Agency may revoke transport service licence

(1)

The Agency may revoke a transport service licence if the Agency is satisfied that—

(a)

the holder of the transport service licence is not a fit and proper person to be the holder of a transport service licence; or

(b)

any person who has control of the transport service is not a fit and proper person to have control of the service; or

(c)

any representative who lives in New Zealand is not a fit and proper person to be a representative; or

(d)

any driver is not a fit and proper person.

(1A)

Subsection (1)(c) does not apply in relation to drivers who are facilitated to connect with passengers under a facilitated cost-sharing arrangement.

(2)

Subpart 5 applies to a decision to revoke a transport service licence.

Compare: 1989 No 74 s 11(1)

Section 30S: inserted, on 1 October 2007, by section 18 of the Land Transport Amendment Act 2005 (2005 No 77).

Section 30S heading: amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

Section 30S(1): amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

Section 30S(1)(b): replaced, on 1 October 2017, by section 70(1) of the Land Transport Amendment Act 2017 (2017 No 34).

Section 30S(1)(c): inserted, on 1 October 2017, by section 70(1) of the Land Transport Amendment Act 2017 (2017 No 34).

Section 30S(1)(d): inserted, on 1 October 2017, by section 70(1) of the Land Transport Amendment Act 2017 (2017 No 34).

Section 30S(1A): inserted, on 1 October 2017, by section 70(2) of the Land Transport Amendment Act 2017 (2017 No 34).

30T Procedure Agency must follow before revoking transport service licence

If the proposed revocation of a licence under section 30S is on the ground that a person other than the licence holder is not a fit and proper person,—

(a)

the notice required to be given to the licence holder by section 30W must specify the steps that the Agency will require to be taken if the licence is not to be revoked, which steps may include a requirement that the person concerned cease all involvement in the service within a specified period; and

(b)

the licence must not be revoked where the licence holder complies with any such requirements of the Agency.

Compare: 1989 No 74 s 11(2), (3)

Section 30T: inserted, on 1 October 2007, by section 18 of the Land Transport Amendment Act 2005 (2005 No 77).

Section 30T heading: amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

Section 30T: amended, on 1 October 2017, by section 71 of the Land Transport Amendment Act 2017 (2017 No 34).

Section 30T(a): amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

Section 30T(b): amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

30U Suspension of transport service licence

(1)

The Agency may suspend a licence if—

(a)

the holder of a transport service licence, or any person who has control of the service, does not hold a certificate required by the regulations or the rules; or

(b)

the holder of a small passenger service licence, or any person who has control of the service, does not comply with the applicable requirements in this Part, Part 4B, the regulations, or the rules; or

(c)

the holder of a small passenger service licence does not have—

(i)

a person with control of the service in New Zealand who lives in New Zealand; or

(ii)

a representative who lives in New Zealand.

(2)

A suspension ceases immediately when the Agency is satisfied that subsection (1)(a), (b), or (c) no longer applies.

(3)

Subpart 5 applies to a decision to suspend a transport service licence.

Compare: 1989 No 74 s 18(4), (5)

Section 30U: inserted, on 1 October 2007, by section 18 of the Land Transport Amendment Act 2005 (2005 No 77).

Section 30U(1): replaced, on 1 October 2017, by section 72 of the Land Transport Amendment Act 2017 (2017 No 34).

Section 30U(2): replaced, on 1 October 2017, by section 72 of the Land Transport Amendment Act 2017 (2017 No 34).

Subpart 5—Adverse decisions

Subpart 5: inserted, on 1 October 2007, by section 18 of the Land Transport Amendment Act 2005 (2005 No 77).

30V Interpretation

In sections 30W to 30Y, unless the context otherwise requires,—

adverse decision means any decision of the Agency—

(a)

that a person is not a fit and proper person under subpart 2; or

(b)

to refuse to grant a transport service licence under section 30L; or

(c)

to grant a licence on conditions under section 30M; or

(d)

to revoke a transport service licence under section 30S; or

(e)

to suspend a transport service licence under section 30U; or

(f)

to disqualify—

(i)

a transport service driver under section 87A; or

(ii)

a transport service licence holder or person in control of a transport service under section 87B

affected licence holder, in relation to any person directly affected by an adverse decision, means the holder of or the applicant for the transport service licence for the transport service in which that person has or is to have control, whether as a driver or otherwise

person directly affected, in relation to any adverse decision, means the person who would be entitled under section 106 to appeal against that adverse decision

person on the basis of whose character the adverse decision arises, in relation to any adverse decision made or proposed to be made on the ground that any person is not a fit and proper person for the purposes of the relevant service, licence, or other matter to which the decision relates, means the person whom the Agency assesses as not being a fit and proper person.

Compare: 1989 No 74 s 25(1)

Section 30V: inserted, on 1 October 2007, by section 18 of the Land Transport Amendment Act 2005 (2005 No 77).

Section 30V adverse decision: replaced, on 1 October 2017, by section 73(1) of the Land Transport Amendment Act 2017 (2017 No 34).

Section 30V affected licence holder: amended, on 1 October 2017, by section 73(2) of the Land Transport Amendment Act 2017 (2017 No 34).

Section 30V person on the basis of whose character the adverse decision arises: amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

30W Agency to notify proposal to make adverse decision

(1)

If the Agency proposes to make an adverse decision under this Part in respect of any person, the Agency must, by notice in writing,—

(a)

notify the person directly affected of the proposed decision; and

(b)

subject to subsection (3), inform that person of the grounds for the proposed decision; and

(c)

specify a date by which submissions may be made to the Agency in respect of the proposed decision (which date must not be less than 21 days after the date on which the notice is given); and

(d)

if appropriate, specify the date on which the proposed decision will, unless the Agency otherwise determines, take effect, being a date not earlier than 28 days after the date the notice is given; and

(e)

notify the person of the person’s right of appeal under section 106, in the event of the Agency proceeding with the proposed decision; and

(f)

specify such other matters as in any particular case may be required by this Act or any other Act.

(2)

If the Agency gives a notice under subsection (1), the Agency—

(a)

must also supply a copy of the notice to—

(i)

any person on the basis of whose character the adverse decision arises, where that person is not the person directly affected:

(ii)

any affected licence holder, if the Agency considers that the proposed adverse decision is likely to have a significant impact on the operations of that licence holder:

(b)

may supply a copy of the notice to any other affected licence holder.

(3)

No notice or copy of a notice given under this section may include or be accompanied by any information referred to in section 30H except to the extent that—

(a)

the notice or copy is supplied to the person to whom the information relates; or

(b)

that person consents to the supply of that information to any other person.

Compare: 1989 No 74 s 25(2)–(4)

Section 30W: inserted, on 1 October 2007, by section 18 of the Land Transport Amendment Act 2005 (2005 No 77).

Section 30W heading: amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

Section 30W(1): amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

Section 30W(1)(c): amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

Section 30W(1)(d): amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

Section 30W(1)(e): amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

Section 30W(2): amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

Section 30W(2)(a)(ii): amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

30X Procedure for consideration of information

If any notice or copy of a notice is given to any person under section 30W,—

(a)

it is the responsibility of the person to ensure that all information that the person wishes to have considered by the Agency in relation to the proposed adverse decision is received by the Agency within the period specified in the notice under section 30W(1)(c), or within any further period that the Agency may allow in any case:

(b)

the Agency may, but is not obliged to, consider any information supplied by the person after the expiry of the period referred to in paragraph (a), other than information requested by the Agency and supplied by the person within such reasonable time as the Agency may specify:

(c)

the Agency must consider any submissions made in accordance with paragraph (a), and any information supplied pursuant to a request referred to in paragraph (b), but is not obliged to hear any person on the matter.

Compare: 1989 No 74 s 25(5)

Section 30X: inserted, on 1 October 2007, by section 18 of the Land Transport Amendment Act 2005 (2005 No 77).

Section 30X(a): amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

Section 30X(b): amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

Section 30X(c): amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

30Y Agency’s determination

After considering the matters referred to in section 30X(c), the Agency must—

(a)

finally determine whether or not to make the proposed adverse decision; and

(b)

as soon as practicable thereafter, notify in writing to the person directly affected, and any other person of a kind referred to in section 30W(2)(a), of—

(i)

the Agency’s decision; and

(ii)

if appropriate, the date on which the decision will take effect; and

(iii)

if appropriate, the right of appeal under section 106.

Compare: 1989 No 74 s 25(6)

Section 30Y: inserted, on 1 October 2007, by section 18 of the Land Transport Amendment Act 2005 (2005 No 77).

Section 30Y heading: amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

Section 30Y: amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

Section 30Y(b)(i): amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

Part 4B Work time and logbooks

Part 4B: inserted, on 1 October 2007, by section 19 of the Land Transport Amendment Act 2005 (2005 No 77).

30Z Application of Part

Nothing in this Part applies in relation to—

(a)

a vehicle used in a facilitated cost-sharing arrangement; or

(b)

any rail service vehicle.

Section 30Z: replaced, on 1 October 2017, by section 74 of the Land Transport Amendment Act 2017 (2017 No 34).

30ZA Agency may grant exemptions or approve alternative fatigue management schemes

(1)

If the Agency takes into account the criteria specified in section 166(2), the Agency may, upon any conditions that the Agency considers appropriate,—

(a)

with respect to subpart 1, grant written variations to work time requirements specified in subpart 1 or the rules:

(b)

with respect to subpart 2, grant partial or total written exemptions from some or all of the requirements to maintain logbooks:

(c)

approve, in accordance with the rules, an alternative fatigue management scheme that varies the work time restrictions or rest time requirements of any rule for specified drivers covered by the relevant transport service licence.

(2)

A variation or exemption granted, or an approval given under subsection (1), in relation to work time or logbooks may be amended or revoked at any time by the Agency in writing.

(3)

The Agency may revoke, by notice in writing, any exemption from logbook use granted under the rules if the Agency has reason to believe that the person has breached the rules or any conditions imposed under subsection (1).

(4)

Before approving an alternative fatigue management scheme under subsection (1)(c), the Agency must be satisfied that the applicant has consulted any representatives of the drivers covered by the relevant transport licence (including, but not limited to, unions).

Compare: 1962 No 135 s 70B(4), (5)

Section 30ZA: inserted, on 1 October 2007, by section 19 of the Land Transport Amendment Act 2005 (2005 No 77).

Section 30ZA heading: amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

Section 30ZA(1): amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

Section 30ZA(1)(c): amended, on 7 August 2011, by section 16 of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).

Section 30ZA(2): amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

Section 30ZA(3): amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

Section 30ZA(4): amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

Subpart 1—Work time

Subpart 1: inserted, on 1 October 2007, by section 19 of the Land Transport Amendment Act 2005 (2005 No 77).

30ZB Application of subpart

(1)

This subpart applies if, in a cumulative work period, a driver drives a vehicle that—

(a)

requires a class 2, 3, 4, or 5 licence (as specified in the rules); or

(b)

is used in—

(i)

a transport service (other than a rental service); or

(ii)

circumstances in which that vehicle must, or ought to, be operated under a transport service licence; or

(c)

is used to carry goods for hire or reward.

(2)

Subsection (1) applies whether or not the vehicle is—

(a)

engaged in any transport service; or

(b)

carrying any load or passengers.

(3)

Subsection (1) does not apply to the driver of a goods service vehicle that—

(a)

requires a class 2 licence (as specified in the rules); and

(b)

is used within a 50 km radius of the vehicle’s normal base of operation; and

(c)

is not used for hire or reward.

(4)

This section is subject to section 30Z.

Section 30ZB: substituted, on 7 August 2011, by section 17 of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).

Section 30ZB(4): inserted, on 1 October 2017, by section 75 of the Land Transport Amendment Act 2017 (2017 No 34).

30ZC Limits on work time

(1)

A driver subject to this subpart—

(a)

may not exceed the work time restrictions specified in this section, the rules, or any variation granted under section 30ZA; and

(b)

must comply with the rest time requirements specified in this section, the rules, or any variation granted under section 30ZA.

(2)

In any cumulative work day, a driver—

(a)

may not exceed 13 hours of work time; and

(b)

must have at least 10 hours of continuous rest time.

(3)

In any cumulative work period, a driver may not exceed 70 hours of work time.

(4)

To avoid doubt, the rules may extend the limits for a cumulative work day or period for a specified activity or service.

(5)

This section does not apply to a driver of an ambulance service or a fire brigade who is proceeding to or returning from an incident attended in response to a priority call specified in the rules.

Section 30ZC: substituted, on 7 August 2011, by section 17 of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).

Section 30ZC(5): amended, on 1 July 2017, by section 197 of the Fire and Emergency New Zealand Act 2017 (2017 No 17).

30ZD Records must be kept

(1AA)

Subsection (1) applies to—

(a)

a person who employs a person to drive a vehicle referred to in section 30ZB; and

(b)

a self-employed driver who drives a vehicle referred to in section 30ZB; and

(c)

a facilitator who facilitates a driver who drives a vehicle referred to in section 30ZB to connect with passengers.

(1)

A person to whom this section applies must keep all—

(a)

time records, records of payments to the driver, and employment or contractual records relating to the driver; and

(b)

accommodation records and receipts for the driver that are relevant to the driver’s transport service or transport service vehicle; and

(c)

fuel records and receipts for the relevant transport service vehicles.

(2)

The person who keeps the records required under subsection (1) must—

(a)

keep each record for 12 months from the date it is made; and

(b)

make all relevant records referred to in subsection (1) in the possession or control of that person available for immediate inspection on demand at any reasonable time by an enforcement officer.

(3)

Every enforcement officer to whom records are made available for inspection under subsection (2)(b) is entitled to make copies of those records.

Compare: 1962 No 135 s 70B(6), (6A)

Section 30ZD: inserted, on 1 October 2007, by section 19 of the Land Transport Amendment Act 2005 (2005 No 77).

Section 30ZD(1AA): inserted, on 1 October 2017, by section 76(1) of the Land Transport Amendment Act 2017 (2017 No 34).

Section 30ZD(1): replaced, on 1 October 2017, by section 76(1) of the Land Transport Amendment Act 2017 (2017 No 34).

Section 30ZD(2)(b): replaced, on 1 October 2017, by section 76(2) of the Land Transport Amendment Act 2017 (2017 No 34).

Subpart 2—Logbooks

Subpart 2: inserted, on 1 October 2007, by section 19 of the Land Transport Amendment Act 2005 (2005 No 77).

30ZE Application of subpart

(1)

This subpart applies if, in a cumulative work period,—

(a)

a driver drives a vehicle that requires a class 2, 3, 4, or 5 licence (as specified in the rules); or

(b)

a driver drives a vehicle that is used in—

(i)

a transport service (other than a rental service); or

(ii)

circumstances in which the vehicle must, or ought to, be operated under a transport service licence; or

(c)

a driver drives a vehicle that is used to carry goods for hire or reward if that vehicle is a heavy motor vehicle.

(2)

Despite subsection (1), this subpart—

(a)

applies whether or not the vehicle is—

(i)

engaged in any transport service; or

(ii)

carrying any load or passengers; but

(b)

does not apply to a driver of a goods service vehicle that—

(i)

requires a class 1 or class 2 licence (as specified in the rules); and

(ii)

is used within a 50 km radius of the vehicle’s normal base of operation; and

(iii)

is not used for hire or reward.

(3)

This section is subject to section 30Z.

Section 30ZE: inserted, on 1 October 2007, by section 19 of the Land Transport Amendment Act 2005 (2005 No 77).

Section 30ZE(3): inserted, on 1 October 2017, by section 77 of the Land Transport Amendment Act 2017 (2017 No 34).

30ZF Drivers must maintain logbooks

Unless exempted under section 30ZA(1), the regulations, or the rules, a driver must maintain a logbook in the—

(a)

manner prescribed by the rules; and

(b)

form approved by the Agency in accordance with the rules.

Compare: 1962 No 135 s 70C(1)

Section 30ZF: inserted, on 1 October 2007, by section 19 of the Land Transport Amendment Act 2005 (2005 No 77).

Section 30ZF(b): amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

30ZG Agency may approve or revoke alternative means of recording matters

The Agency may, in accordance with the rules, approve or revoke an alternative means of recording matters relevant to the monitoring of work time.

Section 30ZG: inserted, on 1 October 2007, by section 19 of the Land Transport Amendment Act 2005 (2005 No 77).

Section 30ZG heading: amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

Section 30ZG: amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

30ZH Duties regarding logbooks

(1)

A driver must—

(a)

retain a logbook required to be maintained by that driver under section 30ZF for a period of 12 months after the date of the last entry in that logbook; and

(b)

in the case of a driver who is an employee, or who is driving on behalf of a transport service operator, or who is facilitated to connect with passengers by a small passenger service operator, deliver a copy of each completed logbook record to the driver’s employer or transport service operator within 14 days after completing that record, and the employer or transport service operator must retain the copy of each logbook record for a period of 12 months from the date of the record.

(1A)

Despite anything in subsection (1), if the logbook only contains entries for a light RUC vehicle (as defined in section 5(1) of the Road User Charges Act 2012), the driver must retain the logbook only for a period of 12 months.

(2)

A driver must—

(a)

carry a logbook with him or her at all times when driving a vehicle to which section 30ZE applies; and

(b)

produce, on demand by any enforcement officer and without delay, any logbook that—

(i)

the driver is required to maintain; and

(ii)

relates to—

(A)

the day of the driver’s last rest time of at least 24 hours; and

(B)

all the days since that rest time.

(3)

If the form of the logbook required to be maintained under section 30ZF includes an identical copy made simultaneously with the original of that logbook, and the logbook has been produced to an enforcement officer, that enforcement officer is entitled, on demand,—

(a)

to remove that identical copy; or

(b)

if that identical copy has previously been removed or is illegible, to make a copy of that logbook.

(4)

A person who is required to retain a logbook or a copy of a logbook under subsection (1) must make it and all relevant time records, records of payments to the driver, and employment or contractual records relating to the driver available for immediate inspection on demand by an enforcement officer at any reasonable time during the period for which it is required to be retained.

(5)

A person to whom a logbook or a copy of a logbook or records are required to be made available for inspection under subsection (4) is entitled to make a copy of that logbook or that copy or those records.

Compare: 1962 No 135 s 70C(5)–(7A)

Section 30ZH: inserted, on 1 October 2007, by section 19 of the Land Transport Amendment Act 2005 (2005 No 77).

Section 30ZH(1)(a): amended, on 17 December 2016, by section 59 of the Statutes Amendment Act 2016 (2016 No 104).

Section 30ZH(1)(b): amended, on 1 October 2017, by section 78(1)(a) of the Land Transport Amendment Act 2017 (2017 No 34).

Section 30ZH(1)(b): amended, on 1 October 2017, by section 78(1)(b) of the Land Transport Amendment Act 2017 (2017 No 34).

Section 30ZH(1)(b): amended, on 1 October 2017, by section 78(1)(c) of the Land Transport Amendment Act 2017 (2017 No 34).

Section 30ZH(1)(b): amended, on 17 December 2016, by section 59 of the Statutes Amendment Act 2016 (2016 No 104).

Section 30ZH(1A): inserted, on 1 August 2012, by section 94 of the Road User Charges Act 2012 (2012 No 1).

Section 30ZH(2)(a): amended, on 1 October 2007, by section 6 of the Land Transport Amendment Act 2007 (2007 No 66).

Section 30ZH(4): amended, on 1 October 2017, by section 78(2) of the Land Transport Amendment Act 2017 (2017 No 34).

Subpart 3—Evidence in proceedings

Subpart 3: inserted, on 1 October 2007, by section 19 of the Land Transport Amendment Act 2005 (2005 No 77).

30ZI Evidence in proceedings for offences against subpart 1 or subpart 2

(1)

In proceedings for an offence against subpart 1 or subpart 2, the following is sufficient evidence of the contents of a log-book, unless the contrary is proved by production to the court of the logbook or of an identical copy of the logbook made simultaneously with the original logbook,—

(a)

evidence given by an enforcement officer authorised to demand the production of logbooks under section 30ZH(2)(b), or by any person who had that status at the time when the alleged offence was committed, as to the contents of any logbook as seen and recorded by that person at the time it was produced; and

(b)

an identical copy of any logbook removed, or a copy of any logbook made, by an enforcement officer in accordance with section 30ZH(3) or section 30ZH(4).

(2)

In any proceedings in respect of an offence against subpart 1 it is presumed, until the contrary is proved, that the contents of any logbook produced to an enforcement officer authorised to demand production of the logbook or removed by an enforcement officer from an accident scene where the driver is incapacitated are an accurate statement of the truth of the matter required to be recorded in the logbook by section 30ZF.

Compare: 1962 No 135 s 70D(8), (9)

Section 30ZI: inserted, on 1 October 2007, by section 19 of the Land Transport Amendment Act 2005 (2005 No 77).

Part 5 Offences relating to driving (other than alcohol-related offences) and penalties

Offences relating to driver licensing

31 Contravention of sections 5(1)(a), 5(1)(b), 5(4), 30(2), 30(3), or 30(4A)

(1)

A person commits an offence if the person—

(a)

drives a motor vehicle on a road—

(i)

with an expired driver licence; or

(ii)

without an appropriate driver licence; or

(b)

drives a motor vehicle contrary to the conditions of his or her driver licence; or

(c)

is the driver of a motor vehicle and fails to produce his or her driver licence for inspection without delay after being required to do so by an enforcement officer; or

(d)

fails to return his or her driver licence to the Agency, a person appointed by the Agency, or a constable when required to do so by subsection (2) or subsection (3) or subsection (4A) of section 30.

(2)

The maximum penalty on conviction for an offence against subsection (1) is a fine not exceeding $1,000.

Compare: 1986 No 6 s 37(3), (4)

Section 31 heading: amended, on 22 June 2005, by section 20(1) of the Land Transport Amendment Act 2005 (2005 No 77).

Section 31(1)(a): substituted, on 22 June 2005, by section 20(2) of the Land Transport Amendment Act 2005 (2005 No 77).

Section 31(1)(d): amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).

Section 31(1)(d): amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

Section 31(1)(d): amended, on 22 June 2005, by section 20(3) of the Land Transport Amendment Act 2005 (2005 No 77).

Section 31(1)(d): amended, on 22 June 2005, by section 20(4) of the Land Transport Amendment Act 2005 (2005 No 77).

32 Contravention of section 5(1)(c)

(1)

A person commits an offence if the person drives a motor vehicle on a road—

(a)

while disqualified from holding or obtaining a driver licence; or

(b)

contrary to an alcohol interlock licence, a zero alcohol licence, or a limited licence; or

(c)

while his or her driver licence is suspended or revoked.

(2)

Nothing in subsection (1) applies to any person—

(a)

who has been ordered by a court to attend an approved driving improvement course under section 92(1) or a programme approved by the Agency under section 99A or to undergo any test or examination approved by the Agency; and

(b)

who, in the course of his or her attendance at that course or programme or while undergoing such a test or examination,—

(i)

in the case of a motorcyclist, drives under the supervision of a person who holds a driving instructor or testing officer endorsement under Part 5 of the Land Transport (Driver Licensing) Rule 1999 that is relevant to a class of licence for a motorcycle:

(ii)

in any other case, drives while accompanied by a person who holds a driving instructor or testing officer endorsement under Part 5 of the Land Transport (Driver Licensing) Rule 1999.

(3)

If a person is convicted of a first or second offence against subsection (1),—

(a)

the maximum penalty is imprisonment for a term not exceeding 3 months or a fine not exceeding $4,500; and

(b)

the court must order the person to be disqualified from holding or obtaining a driver licence for 6 months or more.

(3A)

If an offence against subsection (1) is a concurrent offence in relation to a qualifying offence for an alcohol interlock sentence, then the mandatory disqualification in subsection (3)(b) does not apply and section 65AH(3)(b) applies.

(4)

If a person is convicted of a third or subsequent offence against subsection (1) (whether or not of the same kind of offence as the previous offences),—

(a)

the maximum penalty is imprisonment for a term not exceeding 2 years or a fine not exceeding $6,000; and

(b)

the court must order the person to be disqualified from holding or obtaining a driver licence for 1 year or more.

(4A)

If an offence against subsection (1) is a concurrent offence in relation to a qualifying offence for an alcohol interlock sentence, then the mandatory disqualification in subsection (4)(b) does not apply and section 65AH(3)(b) applies.

(5)

For the purposes of this section, a conviction for an offence against a provision of the Transport (Vehicle and Driver Registration and Licensing) Act 1986 or the Transport Act 1962 corresponding to an offence specified in subsection (1) is to be treated as a conviction for an offence specified in that subsection.

(6)

The imposition of a mandatory disqualification under this section is subject to section 81 (which allows a court not to order disqualification for special reasons relating to the offence).

Compare: 1962 No 135 ss 30AA(2B), (4), 35(1), (1A)

Section 32(1)(b): amended, on 10 September 2012, by section 18(1) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).

Section 32(2)(a): amended, on 10 September 2012, by section 18(2) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).

Section 32(2)(a): amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

Section 32(2)(a): amended, on 16 January 2006, by section 21(1) of the Land Transport Amendment Act 2005 (2005 No 77).

Section 32(2)(b): amended, on 16 January 2006, by section 21(2) of the Land Transport Amendment Act 2005 (2005 No 77).

Section 32(2)(b)(i): substituted, on 16 January 2006, by section 21(3) of the Land Transport Amendment Act 2005 (2005 No 77).

Section 32(2)(b)(ii): substituted, on 16 January 2006, by section 21(3) of the Land Transport Amendment Act 2005 (2005 No 77).

Section 32(3A): inserted, on 1 July 2018, by section 6(1) of the Land Transport Amendment Act 2017 (2017 No 34).

Section 32(4): replaced, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

Section 32(4A): inserted, on 1 July 2018, by section 6(2) of the Land Transport Amendment Act 2017 (2017 No 34).

Section 32(6): replaced, on 1 July 2018, by section 6(3) of the Land Transport Amendment Act 2017 (2017 No 34).

33 Contravention of section 5(2) or (3)

(1)

A person commits an offence if the person holds or applies for a driver licence while disqualified from doing so or while his or her driver licence is suspended.

(1A)

Subsection (1) does not apply in relation to—

(a)

an application for an alcohol interlock licence made in accordance with an alcohol interlock sentence; or

(b)

an application for a zero alcohol licence made in accordance with section 65B.

(2)

If a person is convicted of an offence against subsection (1),—

(a)

the maximum penalty is imprisonment for a term not exceeding 3 months or a fine not exceeding $4,500; and

(b)

the court must order the person to be disqualified from holding or obtaining a driver licence for 6 months or more.

(2A)

If an offence against subsection (1) is a concurrent offence in relation to a qualifying offence for an alcohol interlock sentence, then the mandatory disqualification in subsection (2)(b) does not apply and section 65AH(3)(b) applies.

(3)

The imposition of a mandatory disqualification under this section is subject to section 81 (which allows a court not to order disqualification for special reasons relating to the offence).

Compare: 1962 No 135 ss 30AA(3)(a), 34, 50

Section 33(1A): inserted, on 1 July 2018, by section 7(1) of the Land Transport Amendment Act 2017 (2017 No 34).

Section 33(2A): inserted, on 1 July 2018, by section 7(2) of the Land Transport Amendment Act 2017 (2017 No 34).

Section 33(3): replaced, on 1 July 2018, by section 7(3) of the Land Transport Amendment Act 2017 (2017 No 34).

33A Offence to operate as driving instructor without authorisation

(1)

A person commits an offence if the person provides, or offers or agrees to provide, driving instruction in a motor vehicle for financial or commercial gain without an appropriate current driver licence authorising the person to operate as a driving instructor.

(2)

The maximum penalty on conviction for an offence against subsection (1) is a fine not exceeding $1,000.

Section 33A: inserted, on 22 June 2005, by section 22 of the Land Transport Amendment Act 2005 (2005 No 77).

Offences relating to driving (other than offences involving alcohol)

34 Contravention of section 6

(1)

A person commits an offence if the person—

(a)

operates an unsafe motor vehicle on a road; or

(b)

operates a vehicle on a road without displaying current evidence of vehicle inspection or a certificate of loading or both (as may be required by the regulations or the rules); or

(c)

fails to comply with the provisions of the regulations or the rules concerning evidence of vehicle inspection, certificates of loading, or the operation of a vehicle that is required to have such evidence or certificate or both.

(2)

The maximum penalty on conviction for an offence against subsection (1) is a fine not exceeding $2,000.

Compare: 1962 No 135 ss 79(8), 79B(6); SR 1976/227 rr 80, 85

35 Contravention of section 7, or section 22 where no injury or death involved

(1)

A person commits an offence if the person—

(a)

operates a motor vehicle recklessly on a road; or

(b)

drives or causes a motor vehicle to be driven on a road at a speed or in a manner which, having regard to all the circumstances, is or might be dangerous to the public or to a person; or

(c)

without reasonable excuse, contravenes section 22 by failing to stop and ascertain whether any person has been injured, after an accident where no other person has been injured or killed.

(2)

If a person is convicted of an offence against subsection (1),—

(a)

the maximum penalty is imprisonment for a term not exceeding 3 months or a fine not exceeding $4,500; and

(b)

the court must order the person to be disqualified from holding or obtaining a driver licence for 6 months or more.

(2A)

If an offence against subsection (1) is a concurrent offence in relation to a qualifying offence for an alcohol interlock sentence, then the mandatory disqualification in subsection (2)(b) does not apply and section 65AH(3)(b) applies.

(3)

The imposition of a mandatory disqualification under this section is subject to section 81 (which allows a court not to order disqualification for special reasons relating to the offence).

Compare: 1962 No 135 ss 30AA(3)(d), 57, 65(5)

Section 35(2A): inserted, on 1 July 2018, by section 8(1) of the Land Transport Amendment Act 2017 (2017 No 34).

Section 35(3): replaced, on 1 July 2018, by section 8(2) of the Land Transport Amendment Act 2017 (2017 No 34).

36 Contravention of section 7 or section 22 involving injury

(1)

A person commits an offence if the person—

(a)

drives or causes to be driven a motor vehicle recklessly and by that act or omission causes an injury to another person; or

(b)

drives or causes a motor vehicle to be driven at a speed or in a manner which, having regard to all the circumstances, is or might be dangerous to the public or to a person and by that act or omission causes an injury to another person; or

(c)

without reasonable excuse, contravenes section 22 by failing to stop and ascertain whether any person has been injured, and render assistance, after an accident where a person has been injured or killed.

(2)

If a person is convicted of an offence against subsection (1),—

(a)

the maximum penalty is imprisonment for a term not exceeding 5 years or a fine not exceeding $20,000; and

(b)

the court must order the person to be disqualified from holding or obtaining a driver licence for 1 year or more.

(2A)

If an offence against subsection (1) is a concurrent offence in relation to a qualifying offence for an alcohol interlock sentence, then the mandatory disqualification in subsection (2)(b) is the period of disqualification for the purposes of section 65AE(d) (see section 65AH(3)(a)).

(3)

The imposition of a mandatory disqualification under this section is subject to section 81 (which allows a court not to order disqualification for special reasons relating to the offence).

Compare: 1962 No 135 ss 30AA(1), (2A)(b), (d), 55(1), 65(4)

Section 36 heading: amended, on 10 May 2011, by section 19(1) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).

Section 36(1): substituted, on 22 June 2005, by section 23 of the Land Transport Amendment Act 2005 (2005 No 77).

Section 36(1): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

Section 36(1)(a): amended, on 10 May 2011, by section 19(2) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).

Section 36(1)(b): amended, on 10 May 2011, by section 19(3) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).

Section 36(2A): inserted, on 1 July 2018, by section 9(1) of the Land Transport Amendment Act 2017 (2017 No 34).

Section 36(3): replaced, on 1 July 2018, by section 9(2) of the Land Transport Amendment Act 2017 (2017 No 34).

36AA Contravention of section 7 by causing death of another person

(1)

A person commits an offence if the person—

(a)

drives or causes to be driven a motor vehicle recklessly and by that act or omission causes the death of another person; or

(b)

drives or causes a motor vehicle to be driven at a speed or in a manner that, having regard to all the circumstances, is or might be dangerous to the public or to a person and, by that act or omission, causes the death of another person.

(2)

If a person is convicted of an offence against subsection (1),—

(a)

the maximum penalty is imprisonment for a term not exceeding 10 years or a fine not exceeding $20,000; and

(b)

the court must order the person to be disqualified from holding or obtaining a driver licence for 1 year or more.

(2A)

If an offence against subsection (1) is a concurrent offence in relation to a qualifying offence for an alcohol interlock sentence, then the mandatory disqualification in subsection (2)(b) is the period of disqualification for the purposes of section 65AE(d) (see section 65AH(3)(a)).

(3)

The imposition of a mandatory disqualification under this section is subject to section 81 (which allows a court not to order disqualification for special reasons relating to the offence).

Section 36AA: inserted, on 10 May 2011, by section 20 of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).

Section 36AA(1): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

Section 36AA(2A): inserted, on 1 July 2018, by section 10(1) of the Land Transport Amendment Act 2017 (2017 No 34).

Section 36AA(3): replaced, on 1 July 2018, by section 10(2) of the Land Transport Amendment Act 2017 (2017 No 34).

36A Contravention of section 22A

(1)

A person commits an offence if the person—

(a)

operates a motor vehicle in a race, or in an unnecessary exhibition of speed or acceleration, on a road in contravention of section 22A(1); or

(b)

without reasonable excuse, intentionally pours onto, places on, or allows to spill onto a road—

(i)

any petrol, oil, or diesel fuel; or

(ii)

any other substance likely to cause a vehicle to undergo loss of traction; or

(c)

without reasonable excuse, operates a motor vehicle on a road in a manner that causes the vehicle to undergo sustained loss of traction in contravention of section 22A(3).

(2)

A person who commits an offence against subsection (1)(a) or (c) and by that act or omission causes an injury to another person—

(a)

is liable on conviction to imprisonment for a term not exceeding 5 years or a fine not exceeding $20,000; and

(b)

the court must order the person to be disqualified from holding or obtaining a driver licence for 1 year or more.

(2A)

If an offence against subsection (1) is a concurrent offence in relation to a qualifying offence for an alcohol interlock sentence, then the mandatory disqualification in subsection (2)(b) is the period of disqualification for the purposes of section 65AE(d) (see section 65AH(3)(a)).

(3)

A person who commits an offence against subsection (1)(a) or (c) and by the act or omission causes the death of another person—

(a)

is liable on conviction to imprisonment for a term not exceeding 10 years or a fine not exceeding $20,000; and

(b)

the court must order the person to be disqualified from holding or obtaining a driver licence for 1 year or more.

(3A)

(4)

A person who commits an offence against subsection (1)(a) or (c) but does not, by that act or omission, cause injury to, or the death of, another person is liable on conviction to the penalties set out in section 35(2), and section 35(2), (2A), and (3) apply as if the offence were an offence against section 35(1)(a) (operating a motor vehicle recklessly on a road).

(5)

A person who commits an offence against subsection (1)(b) is liable on conviction to a fine not exceeding $3,000.

(6)

The imposition of a mandatory disqualification under this section is subject to section 81 (which allows a court not to order disqualification for special reasons relating to the offence).

Section 36A: inserted, on 2 May 2003, by section 6 of the Land Transport (Unauthorised Street and Drag Racing) Amendment Act 2003 (2003 No 11).

Section 36A(2): replaced, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

Section 36A(2A): inserted, on 1 July 2018, by section 11(1) of the Land Transport Amendment Act 2017 (2017 No 34).

Section 36A(3): replaced, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

Section 36A(3A): inserted, on 1 July 2018, by section 11(2) of the Land Transport Amendment Act 2017 (2017 No 34).

Section 36A(4): amended, on 1 July 2018, by section 11(3) of the Land Transport Amendment Act 2017 (2017 No 34).

Section 36A(4): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

Section 36A(5): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

Section 36A(6): replaced, on 1 July 2018, by section 11(4) of the Land Transport Amendment Act 2017 (2017 No 34).

36AB Contravention of sections 7 and 114

[Repealed]

Section 36AB: repealed, on 11 August 2017, by section 39 of the Land Transport Amendment Act 2017 (2017 No 34).

36B Contravention of section 22B or section 22C

(1)

A person commits an offence if the person—

(a)

uses a traction engine without an appropriate qualification provided for in the regulations or the rules, for the purpose of qualifying the person to safely use the traction engine in a public place; or

(b)

uses a traction engine in a public place in a manner that, having regard to all the circumstances, is or might be dangerous to the public or to a person; or

(c)

uses a traction engine in a public place without displaying current evidence of vehicle inspection or any other certificate or both (as may be required by the regulations or the rules); or

(d)

fails to comply with the regulations or the rules concerning evidence of vehicle inspection or any other certificate required by the regulations or the rules, or concerning the use of a traction engine that is required to have such evidence or certificate or both.

(2)

The maximum penalty on conviction for an offence against subsection (1) is a fine not exceeding $5,000.

(3)

For the purposes of this section, public place has the meaning set out in section 22B(3).

Section 36B: inserted, on 16 January 2006, by section 24 of the Land Transport Amendment Act 2005 (2005 No 77).

37 Contravention of section 8

(1)

A person commits an offence if the person operates a vehicle on a road carelessly or without reasonable consideration for other persons using the road.

(2)

If a person is convicted of an offence against subsection (1),—

(a)

the maximum penalty is a fine not exceeding $3,000; and

(b)

the court may order the person to be disqualified from holding or obtaining a driver licence for such period as the court thinks fit.

Compare: 1962 No 135 ss 30AA(6), 60

38 Contravention of section 8 causing injury or death

(1)

A person commits an offence if the person operates a vehicle on a road carelessly or without reasonable consideration for other persons using the road, and by that act or omission causes an injury to or the death of another person.

(1A)

A person commits an offence if—

(a)

the person drives a motor vehicle, or causes a motor vehicle to be driven, carelessly; and

(b)

by that act or omission, causes an injury to or the death of another person.

(2)

If a person is convicted of an offence against subsection (1) or subsection (1A),—

(a)

the maximum penalty is imprisonment for a term not exceeding 3 months or a fine not exceeding $4,500; and

(b)

the court must order the person to be disqualified from holding or obtaining a driver licence for 6 months or more.

(2A)

If an offence against subsection (1) or (1A) is a concurrent offence in relation to a qualifying offence for an alcohol interlock sentence, then the mandatory disqualification in subsection (2)(b) is the period of disqualification for the purposes of section 65AE(d) (see section 65AH(3)(a)).

(3)

The imposition of a mandatory disqualification under this section is subject to section 81 (which allows a court not to order disqualification for special reasons relating to the offence).

Compare: 1962 No 135 ss 30AA(3)(b), 56(1)

Section 38(1A): inserted, on 22 June 2005, by section 25(1) of the Land Transport Amendment Act 2005 (2005 No 77).

Section 38(2): amended, on 22 June 2005, by section 25(2) of the Land Transport Amendment Act 2005 (2005 No 77).

Section 38(2A): inserted, on 1 July 2018, by section 12(1) of the Land Transport Amendment Act 2017 (2017 No 34).

Section 38(3): replaced, on 1 July 2018, by section 12(2) of the Land Transport Amendment Act 2017 (2017 No 34).

39 Aggravated careless use of vehicle causing injury or death

(1)

A person commits an offence if the person causes bodily injury to or the death of a person by carelessly using a motor vehicle while—

(a)

driving the motor vehicle at a speed exceeding the applicable speed limit; or

(b)

driving the motor vehicle in such a manner as to commit an offence against the regulations or the rules concerning the manner in which a driver may overtake another vehicle or concerning the part of the road on which a driver may drive his or her motor vehicle.

(2)

If a person is convicted of an offence against subsection (1),—

(a)

the maximum penalty is imprisonment for a term not exceeding 3 years or a fine not exceeding $10,000; and

(b)

the court must order the person to be disqualified from holding or obtaining a driver licence for 1 year or more.

(2A)

If an offence against subsection (1) is a concurrent offence in relation to a qualifying offence for an alcohol interlock sentence, then the mandatory disqualification in subsection (2)(b) is the period of disqualification for the purposes of section 65AE(d) (see section 65AH(3)(a)).

(3)

The imposition of a mandatory disqualification under this section is subject to section 81 (which allows a court not to order disqualification for special reasons relating to the offence).

Compare: 1962 No 135 ss 30AA(2), (2A), 56(1A)

Section 39(1): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

Section 39(2A): inserted, on 1 July 2018, by section 13(1) of the Land Transport Amendment Act 2017 (2017 No 34).

Section 39(3): replaced, on 1 July 2018, by section 13(2) of the Land Transport Amendment Act 2017 (2017 No 34).

Offences relating to rules

40 Contravention of ordinary rules

(1)

A person commits an offence if the person contravenes a provision of an ordinary rule and the contravention of that provision is for the time being prescribed as an offence by regulations made under section 167.

(2)

If a person is convicted of an offence referred to in subsection (1), the person is liable to the applicable penalty set out in the regulations.

Compare: 1993 No 88 s 30

41 Contravention of emergency rules

(1)

A person commits an offence if the person, without reasonable excuse, acts in contravention of or fails to comply with an emergency rule.

(2)

If a person is convicted of an offence against subsection (1),—

(a)

the maximum fine for an individual is $2,000:

(b)

the maximum fine for a body corporate is $10,000.

Compare: 1993 No 88 s 30

Loading offences

42 Failure to secure load

(1)

A person operating a motor vehicle on a road, and any person loading that vehicle, commits an offence if the person fails to ensure that any load carried in or on the vehicle, or in or on a vehicle being towed by the vehicle driven by the operator, is secured and contained in such a manner that it cannot fall or escape from the vehicle.

(2)

If a person is convicted of an offence against subsection (1),—

(a)

the maximum fine for an individual is $2,000 and the court may disqualify the person from holding or obtaining a driver licence for such period as the court thinks fit:

(b)

the maximum fine for a body corporate is $10,000.

Compare: 1962 No 135 s 70(1)

Section 42(1): amended, on 22 June 2005, by section 26 of the Land Transport Amendment Act 2005 (2005 No 77).

43 Overloading and over-dimension offences

(1)

A person operating a heavy motor vehicle or combination of vehicles commits an infringement offence if the vehicle or combination of vehicles breaches any of the following:

(a)

the prescribed maximum mass limits for axles:

(b)

the prescribed maximum mass limits for axle sets:

(c)

the prescribed maximum mass limits for groups of axles:

(d)

the prescribed maximum gross mass limits for motor vehicles.

(2)

Separate offences are committed in respect of every axle, axle set, group of axles, and the total number of axles of a heavy motor vehicle or combination of vehicles if the mass on that axle or those axles exceeds the relevant prescribed maximum gross mass limit or prescribed maximum mass limit.

(3)

A person operating a heavy motor vehicle or combination of vehicles commits an infringement offence if the vehicle or combination of vehicles breaches the prescribed requirements in relation to dimensions.

(4)

A person operating a heavy motor vehicle or combination of vehicles commits an infringement offence if the vehicle or combination of vehicles exceeds the gross vehicle mass for that vehicle or vehicles.

(5)

If a person commits an infringement offence against this section, the person must pay the penalty prescribed by the regulations.

Section 43: replaced, on 11 August 2017, by section 51 of the Land Transport Amendment Act 2017 (2017 No 34).

43A Courts may impose appropriate fines for infringement offences that are not overloading offences

A court may impose a fine for an infringement offence, other than an overloading offence, that is not more than the maximum fine prescribed for that offence, whether the fine imposed is more than, the same as, or less than the prescribed infringement fee for that offence.

Section 43A: inserted, on 22 June 2005, by section 27 of the Land Transport Amendment Act 2005 (2005 No 77).

Other offences

44 Contravention of section 14

(1)

A person commits an offence if the person is required by or under this Act to give any specified information or gives a statutory declaration for any purpose under this Act, and, in response to that requirement, or in that declaration, gives information that the person knows to be false or misleading.

(2)

The maximum penalty on conviction for an offence against subsection (1) is a fine not exceeding $10,000.

(3)

Nothing in this section affects section 111 of the Crimes Act 1961.

Compare: 1962 No 135 s 41B(7)

45 Contravention of section 17

(1)

A person commits an offence if the person, with intent to cause a false record of the distance travelled by a motor vehicle to be shown or recorded, makes or causes to be made any alteration to the distance recorder or to the vehicle.

(2)

The maximum penalty on conviction for an offence against subsection (1) is a fine not exceeding $2,000.

Compare: 1962 No 135 s 192B

46 Contravention of section 20

(1)

A person commits an offence if the person, without reasonable excuse,—

(a)

conducts a traffic survey to which section 20 applies without the prior written consent of the Agency; or

(b)

fails to comply with any condition or direction given under section 20.

(2)

The maximum penalty on conviction for an offence against subsection (1) is a fine not exceeding $2,000.

Compare: 1962 No 135 ss 30, 193

Section 46(1)(a): amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

47 Contravention of section 22(2), (3), (4), or (5)

(1)

A person commits an offence if the person, without reasonable excuse, fails to provide the particulars specified under section 22(2) when required to do so under that section.

(2)

A person commits an offence if the person, without reasonable excuse, fails to report an accident involving an injury to or the death of a person, in accordance with section 22(3), when required to do so by that section.

(3)

A person commits an offence if the person, without reasonable excuse, fails to report damage to a motor vehicle or other property, in accordance with section 22(4) or (5), when required to do so by the applicable section.

(4)

The maximum penalty on conviction for an offence against subsection (1) or subsection (2) or subsection (3) is a fine not exceeding $5,000.

Section 47: substituted, on 22 June 2005, by section 28 of the Land Transport Amendment Act 2005 (2005 No 77).

48 Contravention of section 92(4)

(1)

A person commits an offence if the person, without reasonable excuse, fails to—

(a)

attend a driving improvement course or dangerous goods course in accordance with section 92(4), or neither attends nor pays the fee; or

(b)

complete a driving improvement course or dangerous goods course in accordance with section 92(4), or neither attends nor pays the fee; or

(c)

pay the fee for a driving improvement course or dangerous goods course in accordance with section 92(4).

(2)

The maximum penalty on conviction for an offence against subsection (1) is a fine not exceeding $2,000.

Section 48(1): replaced, on 10 September 2012, by section 23 of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).

49 Contravention of section 97(5) or (6)

(1)

A person commits an offence if—

(a)

the person, without reasonable excuse and acting without authority under this Act, removes or releases from storage a motor vehicle impounded under any of sections 96, 96A, 122, 123, and 249; or

(b)

the person is a storage provider and fails or refuses, without reasonable excuse, to comply immediately with a direction under this Act to release a vehicle impounded under any of sections 96, 96A, 122, 123, and 249 to the owner or a person authorised by the owner.

(2)

The maximum penalty on conviction for an offence against subsection (1) is a fine not exceeding $5,000.

Section 49(1)(a): amended, on 1 May 2011, by section 35(1) of the Land Transport Amendment Act 2009 (2009 No 17).

Section 49(1)(a): amended, on 1 October 2007, by section 29(1) of the Land Transport Amendment Act 2005 (2005 No 77).

Section 49(1)(b): amended, on 1 May 2011, by section 35(1) of the Land Transport Amendment Act 2009 (2009 No 17).

Section 49(1)(b): amended, on 1 October 2007, by section 29(2) of the Land Transport Amendment Act 2005 (2005 No 77).

50 Contravention of section 117(2)

(1)

A person commits an offence if the person fails or refuses to release immediately a motor vehicle to another person when required to do so by section 117(2).

(2)

The maximum penalty on conviction for an offence against subsection (1) is a fine not exceeding $2,000.

51 Contravention of section 198(4)

(1)

A person commits an offence if the person, without reasonable excuse, fails or refuses to comply with a requirement made under section 198 in relation to an audit or inspection.

(2)

The maximum penalty on conviction for an offence against subsection (1) is a fine not exceeding $5,000.

52 Contravening notices, requirements, etc, given or imposed by enforcement officers

(1)

A person commits an offence if the person—

(aa)

[Repealed]

(a)

removes, obscures, or renders indistinguishable a notice affixed to a vehicle under section 115, unless new evidence of vehicle inspection has been obtained for the vehicle or (if the notice was given under section 96(1B)) the direction requiring the vehicle not to be driven on a road has been cancelled under section 102(3)(b) or section 110(3)(a)(ii) or, if section 115(2A) applies, the enforcement officer has been notified in writing that the vehicle complies with the regulations and the rules; or

(b)

drives a vehicle to which a notice under section 115 applies (other than when driving in compliance with a condition imposed under subsection (4) or subsection (5) of that section or under section 96(1D)) before new evidence of vehicle inspection has been obtained for, and is displayed on, the vehicle; or

(c)

fails or refuses to comply with any lawful requirement, direction, notice, request, or prohibition given to or imposed on him or her under this Act by an enforcement officer or a dangerous goods enforcement officer (except for any described in section 52A); or

(d)

whether or not he or she is the person to whom the direction was given, knowingly drives a heavy motor vehicle on a road in breach of a direction given by an enforcement officer under section 128.

(2)

The maximum penalty on conviction for an offence against subsection (1) is a fine not exceeding $10,000.

(3)

[Repealed]

(4)

[Repealed]

(5)

[Repealed]

(6)

A person commits an offence if the person, in response to any request for information by an enforcement officer under section 118 and without reasonable excuse,—

(a)

fails or refuses to provide information; or

(b)

provides false or misleading information.

(7)

The maximum penalty on conviction for an offence against subsection (6) is a fine not exceeding $20,000.

(8)

If a person removes, obscures, or makes indistinguishable a warning notice attached to a motor vehicle while the notice is in effect, the person commits an offence and is liable on conviction to a fine not exceeding $10,000.

Compare: 1962 No 135 ss 30AA(5), (7), 70A(2)(b)

Section 52(1)(aa): repealed, on 11 August 2017, by section 40(1) of the Land Transport Amendment Act 2017 (2017 No 34).

Section 52(1)(a): amended, on 16 January 2006, by section 30(2) of the Land Transport Amendment Act 2005 (2005 No 77).

Section 52(1)(a): amended, on 2 May 2003, by section 7(a) of the Land Transport (Unauthorised Street and Drag Racing) Amendment Act 2003 (2003 No 11).

Section 52(1)(b): amended, on 2 May 2003, by section 7(b) of the Land Transport (Unauthorised Street and Drag Racing) Amendment Act 2003 (2003 No 11).

Section 52(1)(c): amended, on 11 August 2017, by section 40(2) of the Land Transport Amendment Act 2017 (2017 No 34).

Section 52(3): repealed, on 11 August 2017, by section 40(1) of the Land Transport Amendment Act 2017 (2017 No 34).

Section 52(4): repealed, on 11 August 2017, by section 40(1) of the Land Transport Amendment Act 2017 (2017 No 34).

Section 52(5): repealed, on 11 August 2017, by section 40(1) of the Land Transport Amendment Act 2017 (2017 No 34).

Section 52(6): replaced, on 11 August 2017, by section 40(3) of the Land Transport Amendment Act 2017 (2017 No 34).

Section 52(7): added, on 1 December 2009, by section 12 of the Land Transport (Enforcement Powers) Amendment Act 2009 (2009 No 36).

Section 52(8): added, on 1 December 2009, by section 12 of the Land Transport (Enforcement Powers) Amendment Act 2009 (2009 No 36).

52A Contravention of section 114

(1)

A person commits an offence if the person—

(a)

is the driver of a vehicle that fails to stop—

(i)

as soon as practicable when signalled or requested to stop under section 114(1); or

(ii)

when required to stop under section 114(2); or

(b)

is the driver of a vehicle that is stopped and fails to remain stopped in accordance with section 114(2A) or (3)(a); or

(c)

fails or refuses to provide information or provides false or misleading information in response to a demand for information made by an enforcement officer under section 114(3)(b).

(2)

The maximum penalty on conviction for an offence against subsection (1) is a fine not exceeding $10,000.

(3)

If a person is convicted of a first offence against subsection (1)(a) or (b) and committed the offence while exceeding the applicable speed limit or operating a motor vehicle in an otherwise dangerous manner, a court must order the person to be disqualified from holding or obtaining a driver licence for 6 months.

(4)

If a person is convicted of a second offence against subsection (1), a court must order the person to be disqualified from holding or obtaining a driver licence for 1 year.

(5)

If a person is convicted for a third or subsequent offence against subsection (1),—

(a)

the maximum penalty is imprisonment for a term not exceeding 3 months; and

(b)

the court must order the person to be disqualified from holding or obtaining a driver licence for 2 years.

(6)

A disqualification ordered under subsection (3), (4), or (5) is cumulative on, and not concurrent with, any other disqualification that a court may order in respect of the facts that gave rise to the person’s conviction for an offence described in subsection (1).

(7)

If an offence against subsection (1) is a concurrent offence in relation to a qualifying offence for an alcohol interlock sentence, then in relation to that alcohol interlock sentence—

(a)

section 65AH(3) does not apply; and

(b)

the mandatory disqualification in subsection (3), (4), or (5) is the period of disqualification for the purposes of section 65AE(d).

(8)

Subsection (6) does not apply to offending that occurs after the facts that gave rise to the person’s conviction for an offence described in subsection (1).

Section 52A: inserted, on 11 August 2017, by section 41 of the Land Transport Amendment Act 2017 (2017 No 34).

53 Obstruction of enforcement officer or dangerous goods enforcement officer

(1)

A person commits an offence if the person, without reasonable excuse, obstructs or hinders, or incites any other person to obstruct or hinder, an enforcement officer or dangerous goods enforcement officer in the execution of his or her functions or powers under this Act.

(2)

The maximum penalty on conviction for an offence against subsection (1) is a fine not exceeding $10,000.

Compare: 1962 No 135 s 80(2)(a)

54 Personation of enforcement officer

(1)

A person commits an offence if the person (other than an enforcement officer or a dangerous goods enforcement officer), without reasonable excuse, by words, conduct, or demeanour pretends to be an enforcement officer or a dangerous goods enforcement officer, or puts on or assumes the dress, name, designation, or description of an enforcement officer or dangerous goods enforcement officer.

(2)

The maximum penalty on conviction for an offence against subsection (1) is a fine not exceeding $10,000.

(3)

Subsection (1) does not affect section 48 of the Policing Act 2008.

Compare: 1962 No 135 s 192A

Section 54(3): amended, on 1 October 2008, by section 130(1) of the Policing Act 2008 (2008 No 72).

55 Tampering with vehicle surveillance equipment

(1)

A person commits an offence if the person—

(a)

tampers with approved vehicle surveillance equipment; or

(b)

interferes with—

(i)

approved vehicle surveillance equipment; or

(ii)

the operation of approved vehicle surveillance equipment.

(2)

The maximum penalty on conviction for an offence against subsection (1) is a fine not exceeding $5,000.

Compare: 1962 No 135 s 42(2)

55A Offences concerning alcohol interlock devices

(1)

This section applies if a person tampers with, or attempts to tamper with, an alcohol interlock device, or uses an alcohol interlock device in contravention of an alcohol interlock sentence.

(2)

If this section applies,—

(a)

the person who holds the alcohol interlock licence to which the alcohol interlock device applies commits an offence; or

(b)

the person who tampered with, or attempted to tamper with, the alcohol interlock device or used the alcohol interlock device in contravention of an alcohol interlock sentence commits an offence.

(3)

It is a defence to proceedings for an offence against subsection (2)(a) if the person who holds an alcohol interlock licence establishes that the person—

(a)

did not tamper with, or attempt to tamper with, the alcohol interlock device or use the alcohol interlock device in contravention of an alcohol interlock sentence; and

(b)

was not involved in the commission of the offence against subsection (2)(b).

(4)

The maximum penalty on conviction for an offence against subsection (2)(a) or (b) is a fine not exceeding $3,000.

Section 55A: inserted, on 10 September 2012, by section 24 of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).

Section 55A(1): amended, on 1 July 2018, by section 14(1) of the Land Transport Amendment Act 2017 (2017 No 34).

Section 55A(2)(b): amended, on 1 July 2018, by section 14(2) of the Land Transport Amendment Act 2017 (2017 No 34).

Section 55A(3)(a): amended, on 1 July 2018, by section 14(2) of the Land Transport Amendment Act 2017 (2017 No 34).

Part 6 Driving offences involving drink or drugs, and penalties and procedures

Offences and penalties

56 Contravention of specified breath or blood-alcohol limit

(1)

A person commits an offence if the person drives or attempts to drive a motor vehicle on a road while the proportion of alcohol in the person’s breath, as ascertained by an evidential breath test subsequently undergone by the person under section 69, exceeds 400 micrograms of alcohol per litre of breath.

(1A)

A person commits an infringement offence if the person drives or attempts to drive a motor vehicle on a road while the proportion of alcohol in the person’s breath, as ascertained by an evidential breath test subsequently undergone by the person under section 69, exceeds 250 micrograms of alcohol per litre of breath but does not exceed 400 micrograms of alcohol per litre of breath.

(2)

A person commits an offence if the person drives or attempts to drive a motor vehicle on a road while the proportion of alcohol in the person’s blood, as ascertained from an analysis of a blood specimen subsequently taken from the person under section 72 or section 73, exceeds 80 milligrams of alcohol per 100 millilitres of blood.

(2A)

A person commits an infringement offence if the person drives or attempts to drive a motor vehicle on a road while the proportion of alcohol in the person’s blood, as ascertained from an analysis of a blood specimen subsequently taken from the person under section 72(1)(b) to (e) or 73, exceeds 50 milligrams of alcohol per 100 millilitres of blood but does not exceed 80 milligrams of alcohol per 100 millilitres of blood.

(2B)

A person commits an infringement offence if—

(a)

the person fails or refuses to undergo an evidential breath test after having been required to do so under section 69; and

(b)

analysis of a blood specimen subsequently taken from the person under section 72(1)(a) indicates that the person drove or attempted to drive a motor vehicle on a road while the proportion of alcohol in the person’s blood exceeded 50 milligrams of alcohol per 100 millilitres of blood but did not exceed 80 milligrams of alcohol per 100 millilitres of blood.

(3)

If a person is convicted of a first or second offence against subsection (1) or subsection (2),—

(a)

the maximum penalty is imprisonment for a term not exceeding 3 months or a fine not exceeding $4,500; and

(b)

the court must order the person to be disqualified from holding or obtaining a driver licence for 6 months or more.

(3A)

The mandatory disqualification in subsection (3)(b) does not apply if—

(a)

an order is made under section 65; or

(b)

an alcohol interlock sentence is ordered under section 65AC(1).

(4)

If a person is convicted of a third or subsequent offence against subsection (1) or subsection (2), or any of sections 57A(1), 58(1), 60(1), or 61(1) or (2) (whether or not that offence is of the same kind as the person’s first or second offence against any of those provisions),—

(a)

the maximum penalty is imprisonment for a term not exceeding 2 years or a fine not exceeding $6,000; and

(b)

the court must order the person to be disqualified from holding or obtaining a driver licence for more than 1 year.

(4A)

The mandatory disqualification in subsection (4)(b) does not apply if—

(a)

an order is made under section 65; or

(b)

an alcohol interlock sentence is ordered under section 65AC(1).

(5)

For the purposes of this section, a conviction for an offence against a provision of the Transport Act 1962 corresponding to an offence specified in subsection (4) is to be treated as a conviction for an offence specified in that subsection.

(6)

The imposition of a mandatory disqualification under this section is subject to section 81 (which allows a court not to order disqualification for special reasons relating to the offence).

Compare: 1962 No 135 ss 30AB(2), 58(1)(a), (c)

Section 56(1A): inserted, on 1 December 2014, by section 5(1) of the Land Transport Amendment Act (No 2) 2014 (2014 No 57).

Section 56(2A): inserted, on 1 December 2014, by section 5(2) of the Land Transport Amendment Act (No 2) 2014 (2014 No 57).

Section 56(2B): inserted, on 1 December 2014, by section 5(2) of the Land Transport Amendment Act (No 2) 2014 (2014 No 57).

Section 56(3A): inserted, on 1 July 2018, by section 15(1) of the Land Transport Amendment Act 2017 (2017 No 34).

Section 56(4): replaced, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

Section 56(4A): replaced, on 1 July 2018, by section 15(2) of the Land Transport Amendment Act 2017 (2017 No 34).

Section 56(6): replaced, on 1 July 2018, by section 15(3) of the Land Transport Amendment Act 2017 (2017 No 34).

57 Contravention of specified breath or blood-alcohol limit by person younger than 20

(1)

A person younger than 20 commits an offence if the person drives or attempts to drive a motor vehicle on a road while the proportion of alcohol in the person’s breath, as ascertained by an evidential breath test subsequently undergone by the person under section 69, exceeds 150 micrograms of alcohol per litre of breath.

(1A)

A person younger than 20 commits an infringement offence if the person drives or attempts to drive a motor vehicle on a road while the person’s breath, as ascertained by an evidential breath test subsequently undergone by the person under section 69, contains alcohol but the proportion of alcohol does not exceed 150 micrograms of alcohol per litre of breath.

(2)

A person younger than 20 commits an offence if the person drives or attempts to drive a motor vehicle on a road while the proportion of alcohol in the person’s blood, as ascertained from an analysis of a blood specimen subsequently taken from the person under section 72 or section 73, exceeds 30 milligrams of alcohol per 100 millilitres of blood.

(2A)

A person younger than 20 commits an infringement offence if the person drives or attempts to drive a motor vehicle on a road while the person’s blood, as ascertained from an analysis of a blood specimen subsequently taken from the person under section 72 or 73, contains alcohol but the proportion of alcohol does not exceed 30 milligrams of alcohol per 100 millilitres of blood.

(3)

If a person commits an offence against subsection (1) or subsection (2),—

(a)

the maximum penalty is imprisonment for a term not exceeding 3 months or a fine not exceeding $2,250; and

(b)

the court must order the person to be disqualified from holding or obtaining a driver licence for 3 months or more.

(4)

The mandatory disqualification in subsection (3)(b) does not apply if—

(a)

an order is made under section 65; or

(b)

an alcohol interlock sentence is ordered under section 65AC(1).

(5)

The imposition of a mandatory disqualification under this section is subject to section 81 (which allows a court not to order disqualification for special reasons relating to the offence).

Compare: 1962 No 135 ss 30AB(2A), 58(1)(f), (g)

Section 57(1A): inserted, on 7 August 2011, by section 25(1) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).

Section 57(2A): inserted, on 7 August 2011, by section 25(2) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).

Section 57(4): replaced, on 1 July 2018, by section 16 of the Land Transport Amendment Act 2017 (2017 No 34).

Section 57(5): inserted, on 1 July 2018, by section 16 of the Land Transport Amendment Act 2017 (2017 No 34).

57AA Contravention of specified breath or blood alcohol limit by holder of alcohol interlock licence or zero alcohol licence

(1)

A person who holds an alcohol interlock licence or a zero alcohol licence commits an offence if the person drives or attempts to drive a motor vehicle on a road while the person’s breath, as ascertained by an evidential breath test subsequently undergone by the person under section 69, contains alcohol but the proportion of alcohol does not exceed 250 micrograms of alcohol per litre of breath.

(2)

A person who holds an alcohol interlock licence or a zero alcohol licence commits an offence if the person drives or attempts to drive a motor vehicle on a road while the person’s blood, as ascertained from an analysis of a blood specimen subsequently taken from the person under section 72 or 73, contains alcohol but the proportion of alcohol does not exceed 50 milligrams of alcohol per 100 millilitres of blood.

(3)

If a person is convicted of an offence against subsection (1) or (2),—

(a)

the maximum penalty is imprisonment for a term not exceeding 3 months or a fine not exceeding $2,250; and

(b)

the court must order the person to be disqualified from holding or obtaining a driver licence for 3 months or more.

(3A)

The mandatory disqualification in subsection (3)(b) does not apply if—

(a)

an order is made under section 65; or

(b)

an alcohol interlock sentence is ordered under section 65AC(1).

(4)

A person who holds an alcohol interlock licence or a zero alcohol licence commits an offence if the person drives or attempts to drive a motor vehicle on a road while the proportion of alcohol in the person’s breath, as ascertained by an evidential breath test subsequently undergone by the person under section 69, exceeds 250 micrograms of alcohol per litre of breath.

(5)

A person who holds an alcohol interlock licence or a zero alcohol licence commits an offence if the person drives or attempts to drive a motor vehicle on a road while the proportion of alcohol in the person’s blood, as ascertained from an analysis of a blood specimen subsequently taken from the person under section 72 or 73, exceeds 50 milligrams of alcohol per 100 millilitres of blood.

(6)

If a person is convicted of an offence against subsection (4) or (5),—

(a)

the maximum penalty is imprisonment for a term not exceeding 2 years or a fine not exceeding $6,000; and

(b)

the court must order the person to be disqualified from holding or obtaining a driver licence for 1 year or more.

(7)

The mandatory disqualification in subsection (6)(b) does not apply if—

(a)

an order is made under section 65; or

(b)

an alcohol interlock sentence is ordered under section 65AC(1).

(8)

The imposition of a mandatory disqualification under this section is subject to section 81 (which allows a court not to order disqualification for special reasons relating to the offence).

Section 57AA: inserted, on 10 September 2012, by section 26 of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).

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

Section 57AA(1): amended, on 1 July 2013, pursuant to section 413 of the Criminal Procedure Act 2011 (2011 No 81).

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

Section 57AA(2): amended, on 1 July 2013, pursuant to section 413 of the Criminal Procedure Act 2011 (2011 No 81).

Section 57AA(3A): inserted, on 1 July 2018, by section 17(1) of the Land Transport Amendment Act 2017 (2017 No 34).

Section 57AA(4): amended, on 1 December 2014, by section 15 of the Land Transport Amendment Act (No 2) 2014 (2014 No 57).

Section 57AA(4): amended, on 1 July 2013, pursuant to section 413 of the Criminal Procedure Act 2011 (2011 No 81).

Section 57AA(5): amended, on 1 December 2014, by section 15 of the Land Transport Amendment Act (No 2) 2014 (2014 No 57).

Section 57AA(5): amended, on 1 July 2013, pursuant to section 413 of the Criminal Procedure Act 2011 (2011 No 81).

Section 57AA(7): replaced, on 1 July 2018, by section 17(2) of the Land Transport Amendment Act 2017 (2017 No 34).

Section 57AA(8): inserted, on 1 July 2018, by section 17(2) of the Land Transport Amendment Act 2017 (2017 No 34).

57A Driving while impaired and with blood that contains evidence of use of qualifying drug

(1)

A person who drives or attempts to drive a motor vehicle on a road commits an offence if—

(a)

the person does not complete a compulsory impairment test in a manner satisfactory to an enforcement officer, who is trained to give the test, when required to do so by an enforcement officer under section 71A; and

(b)

the person’s blood, as ascertained from an analysis of a blood specimen subsequently taken under section 72 or 73, contains evidence of the use of a qualifying drug.

(2)

If a person is convicted of a first or second offence against subsection (1),—

(a)

the maximum penalty is imprisonment for a term not exceeding 3 months or a fine not exceeding $4,500; and

(b)

the court must order the person to be disqualified from holding or obtaining a driver licence for 6 months or more.

(2A)

If an offence against subsection (1) is a concurrent offence in relation to a qualifying offence for an alcohol interlock sentence, then the mandatory disqualification in subsection (2)(b) does not apply and section 65AH(3)(b) applies.

(3)

If a person is convicted of a third or subsequent offence against subsection (1) or any of sections 56(1), 56(2), 58(1), 60(1), 61(1), and 61(2) (whether or not that offence is of the same kind as the person’s first or second offence against any of those provisions),—

(a)

the maximum penalty is imprisonment for a term not exceeding 2 years or a fine not exceeding $6,000; and

(b)

the court must order the person to be disqualified from holding or obtaining a driver licence for more than 1 year.

(3A)

(4)

Subsection (3)(b) does not apply if an order is made under section 65.

(5)

For the purposes of this section, a conviction for an offence against a provision of the Transport Act 1962 that corresponds to an offence specified in subsection (3) is to be treated as a conviction for an offence specified in that subsection.

(6)

The imposition of a mandatory disqualification under this section is subject to section 81 (which allows a court not to order disqualification for special reasons relating to the offence).

Section 57A: inserted, on 1 November 2009, by section 7 of the Land Transport Amendment Act 2009 (2009 No 17).

Section 57A heading: amended, on 1 November 2009, by section 13(1) of the Land Transport (Enforcement Powers) Amendment Act 2009 (2009 No 36).

Section 57A(1)(b): substituted, on 1 November 2009, by section 13(2) of the Land Transport (Enforcement Powers) Amendment Act 2009 (2009 No 36).

Section 57A(2A): inserted, on 1 July 2018, by section 18(1) of the Land Transport Amendment Act 2017 (2017 No 34).

Section 57A(3): replaced, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

Section 57A(3A): inserted, on 1 July 2018, by section 18(2) of the Land Transport Amendment Act 2017 (2017 No 34).

Section 57A(6): replaced, on 1 July 2018, by section 18(3) of the Land Transport Amendment Act 2017 (2017 No 34).

58 Contravention of section 12

(1)

A person commits an offence if the person drives or attempts to drive a motor vehicle on a road—

(a)

while under the influence of drink or a drug, or both, to such an extent as to be incapable of having proper control of the vehicle; or

(b)

if the person’s blood, as ascertained from an analysis of a blood specimen subsequently taken under section 73, contains evidence of the use of a controlled drug specified in Schedule 1 of the Misuse of Drugs Act 1975.

(1A)

To avoid doubt, subsection (1)(b) does not limit subsection (1)(a).

(2)

If a person is convicted of a first or second offence against subsection (1),—

(a)

the maximum penalty is imprisonment for a term not exceeding 3 months or a fine not exceeding $4,500; and

(b)

the court must order the person to be disqualified from holding or obtaining a driver licence for 6 months or more.

(2A)

The mandatory disqualification in subsection (2)(b) does not apply to an offence against subsection (1)(a) that is a qualifying offence if—

(a)

an order is made under section 65; or

(b)

an alcohol interlock sentence is ordered under section 65AC(1).

(2B)

(3)

If a person is convicted of a third or subsequent offence against subsection (1) or any of sections 56(1), 56(2), 57A(1), 60(1), and 61(1) and (2) (whether or not that offence is of the same kind as the person’s first or second offence against any of those provisions),—

(a)

the maximum penalty is imprisonment for a term not exceeding 2 years or a fine not exceeding $6,000; and

(b)

the court must order the person to be disqualified from holding or obtaining a driver licence for more than 1 year.

(3A)

The mandatory disqualification in subsection (3)(b) does not apply to an offence against subsection (1)(a) that is a qualifying offence if—

(a)

an order is made under section 65; or

(b)

an alcohol interlock sentence is ordered under section 65AC(1).

(3B)

(4)

For the purposes of this section, a conviction for an offence against a provision of the Transport Act 1962 corresponding to an offence specified in subsection (3) is to be treated as a conviction for an offence specified in that subsection.

(5)

The imposition of a mandatory disqualification under this section is subject to section 81 (which allows a court not to order disqualification for special reasons relating to the offence).

Compare: 1962 No 135 s 58(1)(e)

Section 58(1): substituted, on 1 November 2009, by section 8 of the Land Transport Amendment Act 2009 (2009 No 17).

Section 58(1)(b): amended, on 9 August 2011, by section 12(3) of the Misuse of Drugs Amendment Act (No 2) 2011 (2011 No 54).

Section 58(1A): inserted, on 1 November 2009, by section 8 of the Land Transport Amendment Act 2009 (2009 No 17).

Section 58(2A): inserted, on 1 July 2018, by section 19(1) of the Land Transport Amendment Act 2017 (2017 No 34).

Section 58(2B): inserted, on 1 July 2018, by section 19(1) of the Land Transport Amendment Act 2017 (2017 No 34).

Section 58(3): replaced, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

Section 58(3A): replaced, on 1 July 2018, by section 19(2) of the Land Transport Amendment Act 2017 (2017 No 34).

Section 58(3B): inserted, on 1 July 2018, by section 19(2) of the Land Transport Amendment Act 2017 (2017 No 34).

Section 58(5): replaced, on 1 July 2018, by section 19(3) of the Land Transport Amendment Act 2017 (2017 No 34).

59 Failure or refusal to remain at specified place or to accompany enforcement officer

(1)

A person commits an offence if the person—

(a)

fails or refuses to remain at the place where the person underwent a breath screening test under section 68 until after the result of the test is ascertained; or

(b)

fails or refuses to accompany without delay an enforcement officer to a place when required to do so under section 69, 71A, or 72; or

(c)

having accompanied an enforcement officer to a place under a requirement under section 69, 71A, or 72,—

(i)

fails or refuses to remain at that place until the person is required either to undergo an evidential breath test or a blood test or a compulsory impairment test under this Act; or

(ii)

fails or refuses to accompany an enforcement officer to another place under any of those sections; or

(d)

having undergone an evidential breath test under a requirement under section 69 or a compulsory impairment test under section 71A, fails or refuses to remain at the place where the person underwent the test until after the result of the test is ascertained.

(2)

If a person is convicted of an offence against subsection (1),—

(a)

the maximum penalty is a fine not exceeding $4,500; and

(b)

the court may disqualify the person from holding or obtaining a driver licence for such period as the court thinks fit.

Compare: 1962 No 135 ss 30AB(3), 58A(4), 58B(5), 58C(5)

Section 59(1)(b): amended, on 1 November 2009, by section 9(1) of the Land Transport Amendment Act 2009 (2009 No 17).

Section 59(1)(c): amended, on 1 November 2009, by section 9(2) of the Land Transport Amendment Act 2009 (2009 No 17).

Section 59(1)(c)(i): amended, on 1 November 2009, by section 9(3) of the Land Transport Amendment Act 2009 (2009 No 17).

Section 59(1)(c)(ii): amended, on 1 November 2009, by section 9(4) of the Land Transport Amendment Act 2009 (2009 No 17).

Section 59(1)(d): amended, on 1 November 2009, by section 9(5) of the Land Transport Amendment Act 2009 (2009 No 17).

60 Failure or refusal to permit blood specimen to be taken or to undergo compulsory impairment test

(1)

A person commits an offence if the person—

(a)

fails or refuses to permit a blood specimen to be taken after having been required to do so under section 72 by an enforcement officer; or

(b)

fails or refuses to permit a blood specimen to be taken without delay after having been requested to do so under section 72 by a medical practitioner or medical officer; or

(c)

is a person from whom a medical practitioner or medical officer may take a blood specimen under section 73 and refuses or fails to permit such a person to take a blood specimen; or

(d)

fails or refuses to undergo a compulsory impairment test under section 71A.

(2)

If a person is convicted of a first or second offence against subsection (1),—

(a)

the maximum penalty is imprisonment for a term not exceeding 3 months or a fine not exceeding $4,500; and

(b)

the court must order the person to be disqualified from holding or obtaining a driver licence for 6 months or more.

(2A)

The mandatory disqualification in subsection (2)(b) does not apply if—

(a)

an order is made under section 65; or

(b)

an alcohol interlock sentence is ordered under section 65AC(1).

(3)

If a person is convicted of a third or subsequent offence against subsection (1) or any of sections 56(1), 56(2), 57A(1), 58(1), and 61(1) and (2) (whether or not that offence is of the same kind as the person’s first or second offence against any of those provisions),—

(a)

the maximum penalty is imprisonment for a term not exceeding 2 years or a fine not exceeding $6,000; and

(b)

the court must order the person to be disqualified from holding or obtaining a driver licence for more than 1 year.

(3A)

The mandatory disqualification in subsection (3)(b) does not apply if—

(a)

an order is made under section 65; or

(b)

an alcohol interlock sentence is ordered under section 65AC(1).

(3B)

Subsection (3C) applies to a person who—

(a)

is required to permit a blood specimen to be taken under section 72(1)(a), (b), or (e); and

(b)

when required, on a previous occasion, to permit a blood specimen to be taken under section 72(1)(a), (b), or (e), was medically or physically unable to provide a blood specimen.

(3C)

A person described in subsection (3B) who is medically or physically unable to provide a blood specimen is presumed, in the absence of proof to the contrary, to have refused to permit a blood specimen to be taken.

(4)

(5)

The imposition of a mandatory disqualification under this section is subject to section 81 (which allows a court not to order disqualification for special reasons relating to the offence).

Compare: 1962 No 135 ss 30AB(2), 58E

Section 60 heading: amended, on 1 November 2009, by section 10(1) of the Land Transport Amendment Act 2009 (2009 No 17).

Section 60(1)(b): amended, on 18 September 2004, by section 175(1) of the Health Practitioners Competence Assurance Act 2003 (2003 No 48).

Section 60(1)(c): amended, on 1 November 2009, by section 10(2) of the Land Transport Amendment Act 2009 (2009 No 17).

Section 60(1)(c): amended, on 18 September 2004, by section 175(1) of the Health Practitioners Competence Assurance Act 2003 (2003 No 48).

Section 60(1)(d): added, on 1 November 2009, by section 10(2) of the Land Transport Amendment Act 2009 (2009 No 17).

Section 60(2A): inserted, on 1 July 2018, by section 20(1) of the Land Transport Amendment Act 2017 (2017 No 34).

Section 60(3): replaced, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

Section 60(3A): replaced, on 1 July 2018, by section 20(2) of the Land Transport Amendment Act 2017 (2017 No 34).

Section 60(3B): inserted, on 1 December 2014, by section 6 of the Land Transport Amendment Act (No 2) 2014 (2014 No 57).

Section 60(3C): inserted, on 1 December 2014, by section 6 of the Land Transport Amendment Act (No 2) 2014 (2014 No 57).

Section 60(5): replaced, on 1 July 2018, by section 20(3) of the Land Transport Amendment Act 2017 (2017 No 34).

61 Person in charge of motor vehicle causing injury or death

(1)

A person commits an offence if the person is in charge of a motor vehicle and causes bodily injury to or the death of a person while—

(a)

the proportion of alcohol in the breath of the person in charge, as ascertained by an evidential breath test subsequently undergone by that person under section 69, exceeds 400 micrograms of alcohol per litre of breath; or

(b)

the proportion of alcohol in the blood of the person in charge, as ascertained from an analysis of a blood specimen subsequently taken from that person under section 72 or section 73, exceeds 80 milligrams of alcohol per 100 millilitres of blood.

(2)

A person commits an offence if the person is in charge of a motor vehicle and causes bodily injury to, or the death of, a person—

(a)

while under the influence of drink or a drug, or both, to such an extent as to be incapable of having proper control of the vehicle; or

(b)

if the blood of the person in charge, as ascertained from an analysis of a blood specimen subsequently taken under section 73, contains evidence of the use of a controlled drug specified in Schedule 1 of the Misuse of Drugs Act 1975; or

(c)

if—

(i)

(ii)

the person’s blood, as ascertained from an analysis of a blood specimen subsequently taken under section 72 or 73, contains evidence of the use of a qualifying drug.

(2A)

To avoid doubt, subsection (2)(b) or (2)(c) does not limit subsection (2)(a).

(3)

If a person is convicted of an offence against subsection (1) or (2) that causes bodily injury to another person,—

(a)

the maximum penalty is imprisonment for a term not exceeding 5 years or a fine not exceeding $20,000; and

(b)

the court must order the person to be disqualified from holding or obtaining a driver licence for 1 year or more in the case of a first or second offence against this section or section 56(1) or (2), or section 58(1), or section 60(1).

(3AA)

If a person is convicted of an offence against subsection (1) or (2) that causes the death of another person,—

(a)

the maximum penalty is imprisonment for a term not exceeding 10 years or a fine not exceeding $20,000; and

(b)

(3A)

If a person is convicted of a third or subsequent offence against this section or section 56(1) or (2), or section 57A(1), or section 58(1), or section 60(1) (whether or not that offence is of the same kind as the person’s first or second offence against any of those provisions), the court must order the person to be disqualified from holding or obtaining a driver licence for more than 1 year.

(3B)

Subsection (3A) does not apply if an order is made under section 65.

(3BA)

If an alcohol interlock sentence is ordered under section 65AC(1) for an offence against subsection (1) or (2)(a) that is a qualifying offence, then the mandatory disqualification in subsection (3)(b), (3AA)(b), or (3A) (whichever applies) is the period of disqualification for the purposes of section 65AE(d) (see section 65AD).

(3BB)

If an offence against subsection (2) is a concurrent offence in relation to a qualifying offence for an alcohol interlock sentence, then the mandatory disqualification in subsection (3)(b), (3AA)(b), or (3A) (whichever applies) is the period of disqualification for the purposes of section 65AE(d) (see section 65AH(3)(a)).

(3C)

For the purposes of this section, a conviction for an offence against a provision of the Transport Act 1962 corresponding to an offence specified in subsection (3A) is to be treated as a conviction for an offence specified in that subsection.

(4)

The imposition of a mandatory disqualification under this section is subject to section 81 (which allows a court not to order disqualification for special reasons relating to the offence).

Compare: 1962 No 135 ss 30AB(1), (1A), 55(2)

Section 61(1): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

Section 61(1): amended, on 16 January 2006, by section 34(1) of the Land Transport Amendment Act 2005 (2005 No 77).

Section 61(2): substituted, on 1 November 2009, by section 11 of the Land Transport Amendment Act 2009 (2009 No 17).

Section 61(2): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

Section 61(2)(b): amended, on 9 August 2011, by section 12(4) of the Misuse of Drugs Amendment Act (No 2) 2011 (2011 No 54).

Section 61(2)(b): amended, on 10 May 2011, by section 27(1) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).

Section 61(2)(c): added, on 10 May 2011, by section 27(1) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).

Section 61(2A): inserted, on 1 November 2009, by section 11 of the Land Transport Amendment Act 2009 (2009 No 17).

Section 61(2A): amended, on 10 May 2011, by section 27(2) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).

Section 61(3): amended, on 10 May 2011, by section 27(3) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).

Section 61(3)(b): substituted, on 16 January 2006, by section 34(2) of the Land Transport Amendment Act 2005 (2005 No 77).

Section 61(3AA): inserted, on 10 May 2011, by section 27(4) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).

Section 61(3A): inserted, on 16 January 2006, by section 34(3) of the Land Transport Amendment Act 2005 (2005 No 77).

Section 61(3A): amended, on 1 May 2011, by section 35(1) of the Land Transport Amendment Act 2009 (2009 No 17).

Section 61(3B): inserted, on 16 January 2006, by section 34(3) of the Land Transport Amendment Act 2005 (2005 No 77).

Section 61(3BA): inserted, on 1 July 2018, by section 21(1) of the Land Transport Amendment Act 2017 (2017 No 34).

Section 61(3BB): inserted, on 1 July 2018, by section 21(1) of the Land Transport Amendment Act 2017 (2017 No 34).

Section 61(3C): inserted, on 10 May 2011, by section 27(5) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).

Section 61(4): replaced, on 1 July 2018, by section 21(2) of the Land Transport Amendment Act 2017 (2017 No 34).

62 Causing injury or death in circumstances to which section 61 does not apply

(1)

A person commits an offence if the person causes bodily injury to or the death of a person by carelessly driving a motor vehicle (in a manner that is not an offence against section 61)—

(a)

while under the influence of drink or a drug, or both; or

(b)

if the blood of the person driving, as ascertained from an analysis of a blood specimen subsequently taken under section 73, contains evidence of the use of a controlled drug specified in Schedule 1 of the Misuse of Drugs Act 1975.

(1A)

To avoid doubt, subsection (1)(b) does not limit subsection (1)(a).

(1B)

A person commits an offence if—

(a)

the person causes bodily injury to, or the death of, a person by driving or attempting to drive a motor vehicle; and

(b)

(c)

the person’s blood, as ascertained from an analysis of a blood specimen subsequently taken under section 72 or 73, contains evidence of the use of a qualifying drug.

(2)

If a person commits an offence against subsection (1) or (1B),—

(a)

the maximum penalty is imprisonment for a term not exceeding 3 years or a fine not exceeding $10,000; and

(b)

the court must order the person to be disqualified from holding or obtaining a driver licence for 1 year or more.

(3)

Subsection (2)(b) does not apply if an order is made under section 65.

(4)

If an alcohol interlock sentence is ordered under section 65AC(1) for an offence described in subsection (1)(a) that is a qualifying offence, then the mandatory disqualification in subsection (2)(b) is the period of disqualification for the purposes of section 65AE(d) (see section 65AD).

(5)

If an offence against subsection (1) or (1B) is a concurrent offence in relation to a qualifying offence for an alcohol interlock sentence, then the mandatory disqualification in subsection (2)(b) is the period of disqualification for the purposes of section 65AE(d) (see section 65AH(3)(a)).

(6)

The imposition of a mandatory disqualification under this section is subject to section 81 (which allows a court not to order disqualification for special reasons relating to the offence).

Compare: 1962 No 135 ss 30AA(2), (2A), 56(1A)(b)

Section 62(1): substituted, on 1 November 2009, by section 12(1) of the Land Transport Amendment Act 2009 (2009 No 17).

Section 62(1): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

Section 62(1)(b): amended, on 9 August 2011, by section 12(5) of the Misuse of Drugs Amendment Act (No 2) 2011 (2011 No 54).

Section 62(1A): inserted, on 1 November 2009, by section 12(1) of the Land Transport Amendment Act 2009 (2009 No 17).

Section 62(1B): inserted, on 1 November 2009, by section 12(1) of the Land Transport Amendment Act 2009 (2009 No 17).

Section 62(1B): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

Section 62(1B)(c): substituted, on 1 November 2009, by section 14 of the Land Transport (Enforcement Powers) Amendment Act 2009 (2009 No 36).

Section 62(2): amended, on 1 November 2009, by section 12(2) of the Land Transport Amendment Act 2009 (2009 No 17).

Section 62(3): replaced, on 1 July 2018, by section 22 of the Land Transport Amendment Act 2017 (2017 No 34).

Section 62(4): inserted, on 1 July 2018, by section 22 of the Land Transport Amendment Act 2017 (2017 No 34).

Section 62(5): inserted, on 1 July 2018, by section 22 of the Land Transport Amendment Act 2017 (2017 No 34).

Section 62(6): inserted, on 1 July 2018, by section 22 of the Land Transport Amendment Act 2017 (2017 No 34).

63 Further penalty in certain cases where person driving vehicle used in transport service

(1)

If a person is convicted of an offence against any of sections 56 to 62 that relates to the driving or attempted driving by that person of a vehicle being used in a transport service (other than a rental service), the court must, in addition to any other penalty the court may impose, disqualify that person from driving a vehicle being used in a transport service (other than a rental service) for such period exceeding 1 year but not more than 10 years as the court thinks fit.

(2)

This section does not limit the power of a court under any other provision of this Act to disqualify a person for a period exceeding 10 years.

(3)

This section overrides section 94 (which allows a court to substitute disqualification with a community-based sentence).

Compare: 1962 No 135 s 30AD

Section 63(3): amended, on 1 July 2018, by section 23 of the Land Transport Amendment Act 2017 (2017 No 34).

Defences

64 Defences

(1)

It is a defence to proceedings for an offence against section 60 (which relates to failing or refusing to supply a blood specimen) if the court is satisfied, on the evidence of a medical practitioner, that the taking of a blood specimen from the defendant would have been prejudicial to the defendant’s health.

(1AA)

Subsection (1) is subject to section 60(3B) and (3C).

(1A)

It is a defence to proceedings for an offence against section 57A(1) or 62(1B) if the court is satisfied that the person has consumed the relevant qualifying drug—

(a)

in accordance with—

(i)

a current and valid prescription written for that person by a health practitioner; and

(ii)

any instructions from a health practitioner or from the manufacturer of the qualifying drug; or

(b)

because it was administered by a health practitioner, provided that the person complied with the instructions (if any) that the health practitioner has given.

(1B)

It is a defence to proceedings for an offence against section 60(1)(d) if the court is satisfied that the person’s failure or refusal to undergo a compulsory impairment test is because of—

(a)

a pre-existing medical condition or pre-existing disability that precludes undergoing the test:

(b)

an injury, sustained in a motor vehicle accident giving rise to an obligation to undergo the test, that precludes undergoing the test.

(2)

It is no defence to proceedings for an offence that a provision forming part of sections 68 to 75A, and 77 has not been strictly complied with or has not been complied with at all, provided there has been reasonable compliance with such of those provisions as apply.

(3)

In any proceedings against any person for an offence against section 52(1)(c) arising out of circumstances in which an enforcement officer exercised powers under section 121(2) and in respect of which a breath screening test or an evidential breath test or a blood test was undergone by the person, it is no defence that—

(a)

the breath screening test or evidential breath test indicated that,—

(i)

in the case of a person apparently younger than 20, the person’s breath did not contain alcohol; or

(ii)

in the case of a person who holds an alcohol interlock licence or a zero alcohol licence, the person’s breath did not contain alcohol; or

(iii)

in any other case, the proportion of alcohol in the person’s breath did not exceed 250 micrograms of alcohol per litre of breath; or

(b)

any evidence given in respect of the results of a blood test indicates that,—

(i)

in the case of a person apparently younger than 20, the person’s blood did not contain alcohol; or

(ii)

in the case of a person who holds an alcohol interlock licence or a zero alcohol licence, the person’s blood did not contain alcohol; or

(iii)

in any other case, the proportion of alcohol in the person’s blood did not exceed 50 milligrams of alcohol per 100 millilitres of blood.

(3A)

It is no defence to proceedings for an offence against section 60 (which relates to failing or refusing to supply a blood specimen) that—

(a)

there was or may have been an error in the result of the breath screening test or evidential breath test; or

(b)

the occurrence or likely occurrence of any such error did not entitle or empower a person to request or require an evidential breath test or a blood test.

(4)

It is no defence to proceedings for an offence against this Act in respect of the proportion of alcohol in a person’s breath—

(a)

that there was or may have been an error in the result of the breath screening test or evidential breath test; or

(b)

that the occurrence or likely occurrence of any such error did not entitle or empower a person to request or require an evidential breath test.

(5)

It is no defence to proceedings for an offence against this Act in respect of the proportion of alcohol in a person’s blood—

(a)

that there was or may have been an error in the result of the breath screening test or evidential breath test; or

(b)

that the occurrence or likely occurrence of any such error did not entitle or empower a person to request or require an evidential breath test or a blood test.

Compare: 1962 No 135 ss 58(6), 58I, 63(3)

Section 64(1): amended, on 18 September 2004, by section 175(1) of the Health Practitioners Competence Assurance Act 2003 (2003 No 48).

Section 64(1AA): inserted, on 1 December 2014, by section 7 of the Land Transport Amendment Act (No 2) 2014 (2014 No 57).

Section 64(1A): inserted, on 1 November 2009, by section 13 of the Land Transport Amendment Act 2009 (2009 No 17).

Section 64(1A): amended, on 1 November 2009, by section 15(1) of the Land Transport (Enforcement Powers) Amendment Act 2009 (2009 No 36).

Section 64(1A)(a)(ii): amended, on 1 November 2009, by section 15(2) of the Land Transport (Enforcement Powers) Amendment Act 2009 (2009 No 36).

Section 64(1B): inserted, on 1 November 2009, by section 13 of the Land Transport Amendment Act 2009 (2009 No 17).

Section 64(2): amended, on 29 December 2001, by section 5(1) of the Land Transport (Road Safety Enforcement) Amendment Act 2001 (2001 No 104).

Section 64(3): substituted, on 7 August 2011, by section 28 of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).

Section 64(3)(a)(iii): amended, on 1 December 2014, by section 15 of the Land Transport Amendment Act (No 2) 2014 (2014 No 57).

Section 64(3)(b)(iii): amended, on 1 December 2014, by section 15 of the Land Transport Amendment Act (No 2) 2014 (2014 No 57).

Section 64(3A): inserted, on 22 June 2005, by section 35 of the Land Transport Amendment Act 2005 (2005 No 77).

Section 64(4)(a): amended, on 29 December 2001, by section 5(2) of the Land Transport (Road Safety Enforcement) Amendment Act 2001 (2001 No 104).

Mandatory disqualification and assessment for repeat offences

Heading: replaced, on 1 July 2018, by section 24 of the Land Transport Amendment Act 2017 (2017 No 34).

65 Mandatory disqualification and assessment for repeat offences

(1)

This section applies to offences against any of sections 56 to 62.

(2)

A court must make an order requiring a person to attend an assessment centre and disqualifying the person from holding or obtaining a driver licence until the Agency removes that disqualification under section 100 if—

(a)

the court convicts that person of a second or subsequent offence against any of sections 56 to 62; and

(b)

the previous offence was committed within 5 years of the date of the commission of the offence being dealt with by the court.

(3)

Despite subsection (2), the court may not make an order referred to in subsection (2) unless at least 1 of the offences was—

(a)

an offence to which this section applies where either—

(i)

the proportion of alcohol in the person’s breath, as ascertained by an evidential breath test, exceeded 1 000 micrograms of alcohol per litre of breath; or

(ii)

the proportion of alcohol in the person’s blood, as ascertained from an analysis of a blood specimen, exceeded 200 milligrams of alcohol per 100 millilitres of blood; or

(b)

an offence against section 59 or section 60 (which relate to failing to remain or to accompany or to permit a blood specimen to be taken for the purposes of the administration of breath tests and blood tests).

(3A)

The mandatory disqualification in subsection (2) is replaced by any alcohol interlock sentence ordered under section 65AC(1) (whether or not the alcohol interlock sentence is ordered at the same time as, or after, the order made under subsection (2)).

(4)

The court must make an order that requires a person to attend an assessment centre and that disqualifies that person from holding or obtaining a driver licence until the Agency removes that disqualification under section 100 if—

(a)

the court convicts that person of a third or subsequent offence to which this section applies; and

(b)

the 2 or more previous offences were committed within 5 years of the date of the commission of the offence being dealt with by the court.

(4A)

The mandatory disqualification in subsection (4) is replaced by any alcohol interlock sentence ordered under section 65AC(1) (whether or not the alcohol interlock sentence is ordered at the same time as, or after, the order made under subsection (4)).

(5)

For the purposes of this section, a conviction for an offence against a provision of the Transport Act 1962 corresponding to an offence to which this section applies is to be treated as a conviction for an offence specified in subsection (1).

Compare: 1962 No 135 s 30A

Section 65 heading: replaced, on 1 July 2018, by section 25(1) of the Land Transport Amendment Act 2017 (2017 No 34).

Section 65(2): substituted, on 10 May 2011, by section 29(2) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).

Section 65(3): amended, on 10 May 2011, by section 29(3) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).

Section 65(3A): inserted, on 1 July 2018, by section 25(2) of the Land Transport Amendment Act 2017 (2017 No 34).

Section 65(4): substituted, on 16 January 2006, by section 36 of the Land Transport Amendment Act 2005 (2005 No 77).

Section 65(4): amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

Section 65(4A): inserted, on 1 July 2018, by section 25(3) of the Land Transport Amendment Act 2017 (2017 No 34).

65A Alcohol interlock requirements for repeat offences or certain first time offences involving use of alcohol

[Repealed]

Section 65A: repealed, on 1 July 2018, by section 26 of the Land Transport Amendment Act 2017 (2017 No 34).

Mandatory alcohol interlock sentence for repeat offences and certain first offences

Heading: inserted, on 1 July 2018, by section 26 of the Land Transport Amendment Act 2017 (2017 No 34).

65AB Qualifying offences

(1)

Section 65AC applies if a court convicts a person of an offence in relation to alcohol against any of sections 56(1), 56(2), 57(1), 57(2), 57AA, 58(1)(a), 60(1)(a) to (c), 61(1), 61(2)(a), and 62(1)(a) and either—

(a)

the person convicted has previously been convicted of such an offence committed within 5 years of the date of the commission of the offence being dealt with by the court (whether or not section 65(2) or (4) also applies); or

(b)

the offence for which the person is convicted involves either or both of the following:

(i)

the proportion of alcohol in the person’s breath, as ascertained by an evidential breath test subsequently undergone by the person under section 69, is or exceeds 800 micrograms of alcohol per litre of breath:

(ii)

the proportion of alcohol in the person’s blood, as ascertained from an analysis of a blood specimen subsequently taken from the person under section 72 or 73, is or exceeds 160 milligrams of alcohol per 100 millilitres of blood.

(2)

However, section 65AI applies instead of section 65AC if a person described in subsection (1)—

(a)

has a medical condition (as certified by an appropriately qualified health practitioner) that renders him or her incapable of providing a valid breath sample to activate an alcohol interlock device; or

(b)

usually lives in a non-serviced area and is not prepared to drive to a serviced area for an initial installation and any necessary service; or

(c)

has never held a New Zealand licence; or

(d)

holds a licence that has been revoked or is suspended (except one that is suspended under section 90, 95, or 95A); or

(e)

is not likely, during the term of any alcohol interlock sentence that would otherwise apply, to—

(i)

have lawful possession of a motor vehicle to the extent of being able to use it and fit it with an alcohol interlock device; or

(ii)

have the type of possession described in subparagraph (i) of a motor vehicle that is technically able to be fitted with an alcohol interlock device.

Section 65AB: inserted, on 1 July 2018, by section 26 of the Land Transport Amendment Act 2017 (2017 No 34).

65AC Alcohol interlock sentence

(1)

If this section applies, the court must order an alcohol interlock sentence.

(2)

An alcohol interlock sentence—

(a)

disqualifies the person from holding or obtaining a driver licence for the period required by section 65AE; and

(b)

authorises the person to apply for an alcohol interlock licence at the end of that period; and

(c)

disqualifies the person from holding or obtaining any licence except an alcohol interlock licence; and

(d)

authorises the person, after complying with the alcohol interlock licence requirements, to apply to replace the alcohol interlock licence with a zero alcohol licence.

(3)

Subsection (1) applies unless for special reasons relating to the qualifying offence the court thinks fit to order otherwise and, if so,—

(a)

section 94 may apply (and a reference to disqualification in section 94 must be treated as if it referred to an alcohol interlock sentence); but

(b)

an alcohol interlock sentence may not otherwise be substituted by a community-based sentence.

Section 65AC: inserted, on 1 July 2018, by section 26 of the Land Transport Amendment Act 2017 (2017 No 34).

65AD Injury or death

If a qualifying offence resulted in injury or death, the court must disqualify the person from holding or obtaining a driver licence for the period of disqualification that is appropriate under the provision relating to the qualifying offence.

Section 65AD: inserted, on 1 July 2018, by section 26 of the Land Transport Amendment Act 2017 (2017 No 34).

65AE Period of disqualification

The period of disqualification for an alcohol interlock sentence is the greatest of the following periods:

(a)

28 days; and

(b)

any period when the person’s licence is expired or suspended under section 90, 95, or 95A; and

(c)

any period when the person is in prison (because of the qualifying offence or otherwise); and

(d)

any period when the person is disqualified from holding or obtaining a driver licence, including—

(i)

under section 65AD; or

(ii)

under section 65AH(3); or

(iii)

because of an existing disqualification (except a disqualification under section 65(2) or (4): see section 65(3A) and (4A)).

Section 65AE: inserted, on 1 July 2018, by section 26 of the Land Transport Amendment Act 2017 (2017 No 34).

65AF Alcohol interlock sentence disqualifies person from driving except under alcohol interlock licence

A person who is subject to an alcohol interlock sentence and who does not apply for an alcohol interlock licence is disqualified from holding or obtaining a driver licence.

Section 65AF: inserted, on 1 July 2018, by section 26 of the Land Transport Amendment Act 2017 (2017 No 34).

65AG Alcohol interlock licence requirements

(1)

An alcohol interlock licence replaces any licence held by a person.

(2)

An alcohol interlock licence requires a person holding it to drive only a motor vehicle or vehicles to which an alcohol interlock device is fitted.

(3)

A person may apply under section 100A to replace an alcohol interlock licence with a zero alcohol licence if—

(a)

every motor vehicle the person has driven for 12 months (or more) had an alcohol interlock device fitted and operating; and

(b)

in relation to a person who is required to attend an assessment centre under section 65 (or any other section), the person has attended and been assessed as being a fit person to hold a driver licence; and

(c)

during the previous 6 months, the person—

(i)

has not attempted to drive while the person’s breath contained a proportion of alcohol above the level to which the device is set; and

(ii)

has not committed a qualifying offence or an offence against section 55A; and

(iii)

has complied with any relevant regulations made under this Act.

(4)

The 6-month period referred to in subsection (3)(c) may be reduced to 3 months if the person has been assessed at an assessment centre (whether the attendance was voluntary or ordered by a court) as a fit person to hold a driver licence.

Section 65AG: inserted, on 1 July 2018, by section 26 of the Land Transport Amendment Act 2017 (2017 No 34).

65AH When court may take alcohol interlock sentence into account

Fines, imprisonment, assessments, or community-based sentences

(1)

A court must order any fine, imprisonment, assessment, or community-based sentence that is appropriate for a qualifying offence or a concurrent offence regardless of the requirement to impose an alcohol interlock sentence.

(2)

However, the court may take into account the cost of an alcohol interlock sentence and may discount the amount of any fine.

Disqualifications

(3)

For a concurrent offence,—

Injury or death

(a)

that resulted in injury or death, the court must disqualify the person from holding or obtaining a driver licence for the period of disqualification that is appropriate under the provision relating to the concurrent offence:

No injury or death

(b)

that did not result in injury or death, the court may, taking into account the alcohol interlock sentence that must be ordered for the qualifying offence under section 65AC, choose not to order any disqualification that might otherwise apply to the concurrent offence.

Section 65AH: inserted, on 1 July 2018, by section 26 of the Land Transport Amendment Act 2017 (2017 No 34).

65AI Exceptions: persons who are not to be given alcohol interlock sentence

If this section applies because an exception described in section 65AB(2) applies to the person, a court must—

(a)

disqualify the person from holding or obtaining a driver licence for the period that is appropriate under the provision relating to the qualifying offence; and

(b)

order any fine, imprisonment, assessment, or community-based sentence that is appropriate for the qualifying offence; and

(c)

if a disqualification is ordered, authorise the person to apply for a zero alcohol licence at the end of the period of disqualification.

Section 65AI: inserted, on 1 July 2018, by section 26 of the Land Transport Amendment Act 2017 (2017 No 34).

65AJ Effect of subsequent qualifying offences on alcohol interlock sentence

(1)

This section applies to a person with an alcohol interlock sentence who is convicted of a subsequent qualifying offence.

(2)

The court must replace the alcohol interlock sentence with a new alcohol interlock sentence under section 65AC unless—

(a)

section 65AC(3) applies to the subsequent qualifying offence; or

(b)

an exception described in section 65AB(2) now applies to the person (in which case, section 65AI applies).

(3)

Sections 65AC to 65AI apply to the new alcohol interlock sentence as if a reference to a qualifying offence in those sections were a reference to the subsequent qualifying offence.

Section 65AJ: inserted, on 1 July 2018, by section 26 of the Land Transport Amendment Act 2017 (2017 No 34).

65AK Effect of other subsequent offences on alcohol interlock licence

(1)

This section applies to a person with an existing alcohol interlock licence—

(a)

who is convicted of a subsequent offence that is not a qualifying offence; and

(b)

who is disqualified under this Act or under section 124 of the Sentencing Act 2002 from holding or obtaining a driver licence for that subsequent offence.

(2)

In order to continue the existing alcohol interlock licence, the court must authorise the person to apply for a new alcohol interlock licence at the end of the disqualification referred to in subsection (1)(b).

(3)

Sections 65AG, 65AJ, and this section continue to apply to the new alcohol interlock licence as if it were the previous alcohol interlock licence and the previous alcohol interlock licence had not been interrupted by the disqualification.

(4)

When the person applies under section 100A(1) in relation to the new alcohol interlock licence, the Agency must accept any compliance with the requirements of section 65AG in relation to the person’s previous alcohol interlock licence as compliance with the requirements of section 65AG in relation to the person’s new alcohol interlock licence.

Section 65AK: inserted, on 1 July 2018, by section 26 of the Land Transport Amendment Act 2017 (2017 No 34).

Mandatory zero alcohol requirements for repeat offences

Heading: inserted, on 1 July 2018, by section 26 of the Land Transport Amendment Act 2017 (2017 No 34).

65B Mandatory zero alcohol requirements for repeat offences and certain first offences

(1)

This section applies if a court has authorised a person to apply for a zero alcohol licence under any of the following sections:

(2)

A zero alcohol licence has effect for a period of 3 years from the date the licence is issued.

(3)

A person authorised under a section referred to in subsection (1) may apply for a zero alcohol licence,—

(a)

in the case of a person who is subject to 1 or more orders of disqualification, no earlier than the day after the end of the last period of disqualification to which the person is subject; or

(b)

in the case of a person who is subject to an alcohol interlock sentence, when the Agency makes an order under section 100A(1).

(4)

A person who has been authorised to apply for a zero alcohol licence and who does not apply for a zero alcohol licence is disqualified from holding or obtaining a driver licence.

Section 65B: inserted, on 10 September 2012, by section 30 of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).

Section 65B heading: amended, on 1 July 2018, by section 27(1) of the Land Transport Amendment Act 2017 (2017 No 34).

Section 65B(1): replaced, on 1 July 2018, by section 27(2) of the Land Transport Amendment Act 2017 (2017 No 34).

Section 65B(2): replaced, on 1 July 2018, by section 27(2) of the Land Transport Amendment Act 2017 (2017 No 34).

Section 65B(3): amended, on 1 July 2018, by section 27(3) of the Land Transport Amendment Act 2017 (2017 No 34).

Section 65B(3)(b): amended, on 1 July 2018, by section 27(4) of the Land Transport Amendment Act 2017 (2017 No 34).

Section 65B(4): replaced, on 1 July 2018, by section 27(5) of the Land Transport Amendment Act 2017 (2017 No 34).

Name suppression[Repealed]

Heading: repealed, on 5 March 2012, pursuant to section 393 of the Criminal Procedure Act 2011 (2011 No 81).

66 Names of drivers convicted of alcohol or drug-related offences may not be suppressed

[Repealed]

Section 66: repealed, on 5 March 2012 (applying in relation to a proceeding for an offence that was commenced before that date), by section 393 of the Criminal Procedure Act 2011 (2011 No 81).

Blood test fee

67 Blood test fee

(1)

The following persons who undergo a blood test are liable to pay the blood test fee that applied on the date of that test and any associated medical expenses:

(a)

any person who—

(i)

elects or is required to undergo the blood test under section 70A(1) or 72(1); and

(ii)

before undergoing the blood test is advised in accordance with section 69(4A)(d), 72(1D), or 72(1E):

(b)

any person who undergoes a blood test under section 73.

(1A)

Subsection (1) does not apply if the result of the blood test indicates that the person has committed an infringement offence against section 56(2B).

(1B)

The blood test fee and any associated medical expenses payable by a person under subsection (1),—

(a)

in the case of a person who is convicted of an offence against any of sections 56(2), 57(2), 57AA, 57A, 58, 61(1)(b), 61(2), and 62, are deemed to be a fine imposed on the conviction of the person for that offence; and

(b)

in all other cases, are recoverable from the person as a debt due to the Crown.

(1C)

An enforcement officer may waive or refund the blood test fee and any associated medical expenses payable or paid by a person under subsection (1) if—

(a)

the result of the blood test does not indicate that the person contravened a specified blood-alcohol limit; and

(b)

the blood test—

(i)

was taken under section 72(1)(a) and the enforcement officer is satisfied, on the evidence of a medical practitioner, that the person’s failure or refusal to undergo an evidential breath test was because of—

(A)

a pre-existing medical condition or pre-existing disability that precluded undergoing the test; or

(B)

an injury, sustained in a motor vehicle accident that gave rise to the obligation to undergo the test; or

(ii)

was taken under section 73.

(2)

For the purposes of subsection (1), the Minister of Police may from time to time, by notice in the Gazette, prescribe a fee for each type of blood test that is carried out under this Act.

(3)

The medical expenses referred to in subsection (1) may not exceed the actual and reasonable medical expenses associated with the taking of a blood specimen.

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

Compare: 1962 No 135 s 30AB(4)

Section 67(1): replaced, on 1 December 2014, by section 8 of the Land Transport Amendment Act (No 2) 2014 (2014 No 57).

Section 67(1A): inserted, on 1 December 2014, by section 8 of the Land Transport Amendment Act (No 2) 2014 (2014 No 57).

Section 67(1B): inserted, on 1 December 2014, by section 8 of the Land Transport Amendment Act (No 2) 2014 (2014 No 57).

Section 67(1C): inserted, on 1 December 2014, by section 8 of the Land Transport Amendment Act (No 2) 2014 (2014 No 57).

Section 67(2): substituted, on 1 November 2009, by section 14(4) of the Land Transport Amendment Act 2009 (2009 No 17).

Section 67(3): added, on 1 November 2009, by section 14(4) of the Land Transport Amendment Act 2009 (2009 No 17).

Enforcement procedures for offences involving intoxication

68 Who must undergo breath screening test

(1)

An enforcement officer may require any of the following persons to undergo a breath screening test without delay:

(a)

a driver of, or a person attempting to drive, a motor vehicle on a road:

(b)

a person whom the officer has good cause to suspect has recently committed an offence against this Act that involves the driving of a motor vehicle:

(c)

if an accident has occurred involving a motor vehicle,—

(i)

the driver of the vehicle at the time of the accident; or

(ii)

if the enforcement officer is unable to ascertain who the driver of the motor vehicle was at the time of the accident, a person whom the officer has good cause to suspect was in the motor vehicle at the time of the accident.

(2)

An enforcement officer may not require a person who is in a hospital or doctor’s surgery as a result of an accident involving a motor vehicle to undergo a breath screening test.

(3)

A person who has undergone a breath screening test under this section must remain at the place where the person underwent the test until after the result of the test is ascertained, and an enforcement officer may arrest the person without warrant if the person refuses or fails to remain at that place.

(4)

If an enforcement officer is entitled to require a person to undergo a breath screening test, the officer may also require that person to undergo a test using a passive breath-testing device, which test is one where the officer holds a passive breath-testing device near the person’s mouth for the purpose of ascertaining whether or not there is any alcohol in the person’s breath.

(5)

The use or non-use of a passive breath-testing device does not of itself affect the validity of a breath screening test.

Compare: 1962 No 135 s 58A

69 Who must undergo evidential breath test

(1)

An enforcement officer may require a person to accompany an enforcement officer to a place where it is likely that the person can undergo an evidential breath test or a blood test (or both) when required to do so by the officer, if,—

(a)

in the case of a person who holds an alcohol interlock licence or a zero alcohol licence, the person has undergone a breath screening test under section 68 and it appears to the officer that the breath of the person who underwent the test contains alcohol; or

(aa)

in the case of a person who is apparently younger than 20, the person has undergone a breath screening test under section 68 and it appears to the officer that the breath of the person who underwent the test contains alcohol; or

(ab)

in the case of any other person, the person has undergone a breath screening test under section 68 and it appears to the officer that the proportion of alcohol in the breath of the person who underwent the test exceeds 250 micrograms of alcohol per litre of breath; or

(b)

[Repealed]

(c)

the person fails or refuses to undergo a breath screening test without delay after having been required to do so by the officer under section 68; or

(d)

the person could be required to undergo a breath screening test without delay under section 68 but cannot be tested because either a breath screening device is not readily available or for any reason a breath screening test cannot then be carried out, and there is good cause to suspect that the person has consumed drink.

(2)

If it is not practicable for a person to undergo an evidential breath test at a place to which the person has accompanied an enforcement officer under subsection (1), an enforcement officer may require the person to accompany the officer to any other place where it is likely that the person can undergo an evidential breath test or a blood test (or both).

(3)

For the avoidance of doubt, it is declared that an enforcement officer may require a person to accompany the officer to a place under subsection (1) if—

(a)

it is likely that the person can undergo an evidential breath test at that place, whether or not it is likely that the person can undergo a blood test at that place; or

(b)

it is likely that the person can undergo a blood test at that place, whether or not it is likely that the person can undergo an evidential breath test at that place.

(4)

If a person—

(a)

has accompanied an enforcement officer to a place under this section; or

(b)

has been arrested under subsection (6) and taken to or detained at a place,—

an enforcement officer may require the person to undergo without delay at that place an evidential breath test (whether or not the person has already undergone a breath screening test).

(4A)

An enforcement officer who requires a person to undergo an evidential breath test under subsection (4) must, without delay, advise the person—

(a)

that if the person fails or refuses to undergo the evidential breath test, the person will be required to permit the taking of a blood specimen under section 72(1)(a); and

(b)

that if the result of a blood test indicates the presence of alcohol in the person’s blood the person may be issued with an infringement offence notice or charged with an offence, depending on the proportion of alcohol; and

(c)

of the infringement fee payable for a breach of section 56(2B); and

(d)

that the person may be liable to pay a blood test fee and associated medical costs, whether or not the result of the blood test establishes that the person has committed an offence against this Act.

(5)

A person must—

(a)

accompany the officer to a place when required to do so under this section:

(b)

if the person has accompanied an enforcement officer to a place under this section, remain at that place until the person is required either to undergo an evidential breath test or a blood test under this Act, or to accompany an enforcement officer to another place under this section:

(c)

if the person has undergone an evidential breath test under this section, remain at the place where the person underwent the test until after the result of the test is ascertained.

(6)

An enforcement officer may arrest without warrant a person who contravenes subsection (5).

(7)

An enforcement officer may not require a person who is in a hospital or doctor’s surgery as a result of an accident involving a motor vehicle to undergo an evidential breath test.

Compare: 1962 No 135 s 58B

Section 69(1): amended, on 7 August 2011, by section 32(1) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).

Section 69(1)(a): substituted, on 7 August 2011, by section 32(2) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).

Section 69(1)(aa): inserted, on 7 August 2011, by section 32(2) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).

Section 69(1)(ab): inserted, on 7 August 2011, by section 32(2) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).

Section 69(1)(ab): amended, on 1 December 2014, by section 15 of the Land Transport Amendment Act (No 2) 2014 (2014 No 57).

Section 69(1)(b): repealed, on 7 August 2011, by section 32(3) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).

Section 69(4A): inserted, on 1 December 2014, by section 9 of the Land Transport Amendment Act (No 2) 2014 (2014 No 57).

70 Person may be required to undergo further evidential breath test if initial test fails to produce result

(1)

If for any reason an evidential breath test carried out under section 69 by an enforcement officer fails to produce a result, the enforcement officer may, at his or her discretion, either require the person to undergo without delay a further evidential breath test or proceed as if section 72(1)(c) applies.

(2)

A requirement made under subsection (1) is deemed to be a requirement under section 69(4).

70A Right to elect blood test

(1)

A person has the right, within 10 minutes of being advised by an enforcement officer of the matters specified in section 77(3)(a) (which sets out the conditions of the admissibility of the test), to elect to have a blood test to assess the proportion of alcohol in his or her blood, if the result of that person’s evidential breath test appears to be positive, and—

(a)

the result of the person’s evidential breath test indicates that the proportion of alcohol in the person’s breath exceeds 400 micrograms of alcohol per litre of breath; or

(b)

the person is apparently younger than 20; or

(c)

the person holds an alcohol interlock licence or a zero alcohol licence.

(2)

A person does not have the right to elect to have a blood test to assess the proportion of alcohol in his or her blood if the result of the person’s positive evidential breath test indicates that the proportion of alcohol in the person’s breath exceeds 250 micrograms of alcohol per litre of breath but does not exceed 400 micrograms of alcohol per litre of breath.

(3)

Subsection (2) does not apply to a person who is apparently younger than 20 or who holds an alcohol interlock licence or a zero alcohol licence.

Section 70A: replaced, on 1 December 2014, by section 10 of the Land Transport Amendment Act (No 2) 2014 (2014 No 57).

71 Meaning of apparently younger than 20

(1)

For the purposes of section 69(1)(aa), an enforcement officer is entitled to regard a person as being younger than 20 if—

(a)

the person produces a driver licence showing that the person is younger than 20; or

(b)

the person produces a driver licence showing that the person is 20 or older, but the officer has good cause to suspect that the licence has been issued to some other person or is invalid or that the person who produced the licence is younger than 20; or

(c)

the person fails to produce a driver licence and is unable to satisfy the officer by some other means that the person is 20 or older.

(2)

An enforcement officer is not obliged to take any further steps, other than requiring the production of a driver licence, to ascertain the age of a person for the purposes of section 69.

Compare: 1962 No 135 s 58B(1A)

Section 71(1): amended, on 1 December 2014, by section 15 of the Land Transport Amendment Act (No 2) 2014 (2014 No 57).

71A Requirement to undergo compulsory impairment test

(1)

An enforcement officer may require any of the following persons to undergo a compulsory impairment test given by an enforcement officer trained to give the test if the enforcement officer has good cause to suspect that the person has consumed a drug or drugs:

(a)

a driver of, or a person attempting to drive, a motor vehicle on a road:

(b)

a person whom the officer has good cause to suspect has recently committed an offence against this Act that involves the driving of a motor vehicle:

(c)

if an accident has occurred involving a motor vehicle,—

(i)

the driver of the vehicle at the time of the accident; or

(ii)

(2)

An enforcement officer may require a person specified under subsection (1) to—

(a)

remain in the place where stopped, for a period of time that is reasonable in the circumstances, to undergo the compulsory impairment test; or

(b)

accompany an enforcement officer to another place to undergo the compulsory impairment test if it would enhance road safety, personal safety, the person’s privacy, or the giving or taking of the test.

(3)

A person who has undergone a compulsory impairment test must remain at the place where the person underwent the test until after the result of the test is ascertained.

(4)

An enforcement officer may arrest a person without warrant if the person refuses or fails to comply with subsection (2) or (3).

(5)

An enforcement officer may exercise the powers in subsections (1) and (2) in addition to any breath screening tests under section 68 or evidential breath tests under section 69 and regardless of the outcome of any such tests.

Section 71A: inserted, on 1 November 2009, by section 15 of the Land Transport Amendment Act 2009 (2009 No 17).

72 Who must give blood specimen at places other than hospital or surgery

(1)

A person must permit a medical practitioner or medical officer to take a blood specimen from the person when required to do so by an enforcement officer if—

(a)

the person fails or refuses to undergo without delay an evidential breath test after having been required to do so by an enforcement officer under section 69; or

(b)

the person has undergone an evidential breath test under section 69(4), and—

(i)

it appears to the officer that the test is positive; and

(ii)

within 10 minutes of being advised by an enforcement officer of the matters specified in section 77(3)(a) (which sets out the conditions of the admissibility of the test), the person advises the officer that the person wishes to undergo a blood test; or

(c)

an evidential breath testing device is not readily available at the place to which the person has accompanied an enforcement officer under section 69 (whether or not at the time the requirement was made it was likely that the person could undergo an evidential breath test at that place) or to which the person has been taken under arrest (as the case may be), or for any reason an evidential breath test cannot then be carried out at that place; or

(d)

the officer has arrested the person under section 120(1) and has good cause to suspect that the person has committed an offence against any of sections 56 to 62, and either—

(i)

a medical practitioner has examined the person and believes that the person may be under the influence of drink or a drug, or both; or

(ii)

the person has refused to be examined by a medical practitioner for the purposes of this paragraph; or

(e)

(1AA)

Subsection (1)(b) does not apply in the case of a person (other than a person who is apparently younger than 20 or who holds an alcohol interlock licence or a zero alcohol licence) if the result of the evidential breath test under section 69(4) indicates that the proportion of alcohol in the person’s breath exceeds 250 micrograms of alcohol per litre of breath but does not exceed 400 micrograms of alcohol per litre of breath.

(1A)

Subsection (1)(e) only applies if an enforcement officer has good cause to suspect that the person has consumed a drug or drugs.

(1B)

Subsection (1)(e) applies regardless of whether the person has failed any breath screening tests under section 68 or evidential breath tests under section 69 and regardless of the outcome of any such tests.

(1C)

An enforcement officer may exercise the powers in subsections (1) and (2) in addition to any breath screening tests under section 68 or evidential breath tests under section 69.

(1D)

An enforcement officer who advises a person of the matters specified in section 77(3)(a) (wh

List of access keys

Land Transport Act 1998

Land Transport Act 1998

Note

Contents

(a)

(b)

(c)

(d)

1 Short Title and commencement

Part 1 Preliminary provisions

2 Interpretation

(a)

(b)

(c)

(a)

(b)

(a)

(b)

(c)

(a)

(b)

(a)

(b)

(c)

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(b)

(i)

(ii)

(a)

(b)

(i)

(ii)

(a)

(b)

(ba)

(c)

(d)

(e)

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(b)

(c)

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(b)

(a)

(b)

(i)

(ii)

(iii)

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(b)

(c)

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(c)

(i)

(ii)

(iii)

(iv)

(v)

(vi)

(vii)

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(b)

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(ii)

(iii)

(b)

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(a)

(ab)

(b)

(ba)

(c)

(ca)

(d)

(a)

(b)