Land Transport Act 1998

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).