Land Transport Act 1998

If you need more information about this Act, please contact the administering agency: Ministry of Transport
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).