Land Transport Act 1998

114 Power to require driver to stop and give name and address, etc

(1)

An enforcement officer who is in uniform, or wearing a distinctive cap, hat, or helmet, with a badge of authority affixed to it, may signal or request the driver of a vehicle to stop the vehicle as soon as is practicable.

(2)

An enforcement officer in a vehicle following another vehicle may, by displaying flashing blue, or blue and red, lights or sounding a siren, require the driver of the other vehicle to stop.

(2A)

Subject to subsections (4) and (5), the driver of a vehicle that is stopped by an enforcement officer under this Act must remain stopped for as long as is reasonably necessary for the enforcement officer to complete the exercise of any powers conferred, or duties imposed, on an enforcement officer by this Act.

(3)

An enforcement officer may require the driver of a vehicle that is stopped under this Act to—

(a)

remain stopped for as long as is reasonably necessary for an enforcement officer to obtain the particulars referred to in paragraph (b), or to complete the exercise of any other power conferred on an enforcement officer by this Act; and

(b)

on demand by an enforcement officer,—

(i)

give his or her full name, full address, date of birth, occupation, and telephone number, or such of those particulars as the enforcement officer may specify; and

(ii)

state whether or not he or she is the owner of the vehicle; and

(iii)

if the driver is not the owner of the vehicle, give the name and address of the owner or such particulars within the driver’s knowledge as may lead to the identification of the owner.

(4)

The driver of a vehicle that is stopped under subsection (2) is not obliged to remain stopped if the vehicle with flashing lights and siren does not itself stop in the near vicinity of the place where the driver has stopped.

(5)

An enforcement officer may require a driver to remain stopped on a road for as long as is reasonably necessary to enable the officer to establish the identity of the driver, but not for longer than 15 minutes if the requirement to remain stopped is made under this subsection only.

(6)

An enforcement officer may arrest a person without warrant if the officer has good cause to suspect the person of having—

(a)

failed to comply with this section or a signal or request or requirement under this section; or

(b)

given false or misleading information under this section.

Compare: 1962 No 135 s 66

Section 114(2A): inserted, on 22 June 2005, by section 64 of the Land Transport Amendment Act 2005 (2005 No 77).

Section 114(3)(b)(i): amended, on 1 December 2009, by section 30 of the Land Transport (Enforcement Powers) Amendment Act 2009 (2009 No 36).