Land Transport Act 1998

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

Part 6A Offences relating to transport services and penalties

Part 6A: inserted, on 1 October 2007, by section 38 of the Land Transport Amendment Act 2005 (2005 No 77).

79A Offence to carry on transport service without licence

(1)

A person commits an offence if the person carries on (or, in relation to a small passenger service operator, facilitates) any transport service without the appropriate current licence.

(2)

The maximum penalty on conviction for an offence against subsection (1) is a fine not exceeding $10,000.

(3)

A person who is convicted of a second or subsequent offence against subsection (1) is liable on conviction to a fine not exceeding $25,000 and the court may, if it thinks appropriate, order any or every transport service vehicle used under the transport service to be immediately impounded and held at a location that the Director specifies, at the expense of the convicted person (which is in addition to the fine and any other costs (if any) ordered by the court), for a period specified by the court that does not exceed 90 days.

(4)

Any fees and charges incurred with respect to an impoundment under subsection (3) are recoverable from the convicted person by the vehicle recovery service operator or storage provider.

(5)

Nothing in subsection (4) limits or affects any rights against the owner of the vehicle, or in respect of the vehicle, that may be exercised by the vehicle recovery service operator or storage provider.

(6)

A person may not remove or release from storage an impounded motor vehicle, unless allowed to do so under this Act.

(7)

The storage provider must immediately comply with a direction under this Act to release the vehicle to the owner or a person authorised for the purpose by the owner.

(8)

The Director, or a person authorised for the purpose by the Director, may enter into such arrangements with vehicle recovery service operators and storage providers as the Director considers necessary for the purposes of this section.

Compare: 1989 No 74 s 5(2), (5), (6)

Section 79A: inserted, on 1 October 2007, by section 38 of the Land Transport Amendment Act 2005 (2005 No 77).

Section 79A(1): replaced, on 1 October 2017, by section 79(1) of the Land Transport Amendment Act 2017 (2017 No 34).

Section 79A(3): amended, on 1 April 2021, by section 64(1) of the Land Transport (NZTA) Legislation Amendment Act 2020 (2020 No 48).

Section 79A(3): amended, on 1 October 2017, by section 79(2) of the Land Transport Amendment Act 2017 (2017 No 34).

Section 79A(3): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

Section 79A(8): amended, on 1 April 2021, by section 64(2) of the Land Transport (NZTA) Legislation Amendment Act 2020 (2020 No 48).

Section 79A(8): amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).