“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

“qualifying bylaw means a bylaw made by a road controlling authority under section 22AB(1)(b) of this Act, section 72(1)(d) of the Transport Act 1962, section 684(1)(13) of the Local Government Act 1974, 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

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

“qualifying drug—

• “(a) means any substance, preparation, mixture, or article containing—

  • “(i) a controlled drug specified in Schedule 1 (except thalidomide), 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”.

• “(b) that person's blood contains evidence of the use of a qualifying drug.”

• “(1AA) A person driving a motor vehicle that has a warning notice given under section 22AE attached to it must comply with that notice.”

• “(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.”

“Bylaws

“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 $500, for the breach of any bylaw made under this section.

  “(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.

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

“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.

“22AD Consultation

• “(1) A road controlling authority that is a local authority may not make a bylaw under section 22AB unless it has used the special consultative procedures set out in section 83 of the Local Government Act 2002.

  “(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.

“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.

“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.”

“36AB Contravention of sections 7 and 114

• If a person commits an offence specified under section 35 or 36 in a manner that contravenes sections 7 and 114, a court, in sentencing or otherwise dealing with the person for the offence, must treat the contravention of section 114 as an aggravating factor.”

• “(3) If a person is convicted of an offence against section 114 and has previously been convicted of an offence against section 114 or, while failing to comply with section 114, exceeded the applicable speed limit or operated 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 3 months.

• “(4) If a person is convicted for a third or subsequent offence against section 114,—

  • “(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 1 year.

• “(5) A disqualification ordered under subsection (3) or (4) is cumulative on, and not concurrent with, any other disqualification that a court may order in respect of the incident that gave rise to the person's conviction under section 114.

• “(6) A person commits an offence if the person fails or refuses to provide information or provides false information with respect to any request for information made by an enforcement officer under section 118.

• “(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.”

• “(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.”

• “(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.”

• “(1AA) An enforcement officer must, if practicable, seize and impound, or seize and authorise the impoundment of, a motor vehicle for 28 days if the officer believes on reasonable grounds that—

  • “(a) the driver operated the vehicle in a manner that breached a qualifying bylaw; and

  • “(b) the vehicle is subject to a warning notice attached under section 22AF.”

• “(1AB) An enforcement officer may seize and impound, or seize and authorise the impoundment of, a motor vehicle for 28 days if the officer believes on reasonable grounds that a person driving the vehicle has failed to stop as signalled, requested, or required under section 114(1) or (2).”

• “(2A) The driver of a motor vehicle seized or impounded under this section must, if requested to do so by an enforcement officer,—

  • “(a) provide the driver's—

    • “(i) full name; and

    • “(ii) full address; and

    • “(iii) date of birth; and

    • “(iv) occupation; and

    • “(v) telephone number; and

    • “(vi) driver licence number:

  • “(b) provide, if known to the driver and the driver is not the registered person, the registered person's—

    • “(i) full name; and

    • “(ii) full address; and

    • “(iii) date of birth; and

    • “(iv) occupation; and

    • “(v) telephone number.”

• “(4) Personal property (other than property attached to or used in connection with the operation of the vehicle) present in a motor vehicle at the time of the seizure and impoundment must be released on request to a person who produces satisfactory evidence to the effect that he or she was lawfully entitled to possession of the vehicle or personal property immediately before the vehicle was moved.

• “(4A) Personal property present in a motor vehicle at the time of the seizure and impoundment must be released subsequently to—

  • “(a) a bailiff or constable who is executing a warrant to seize property:

  • “(b) a person acting on behalf of the owner of the goods if the person produces satisfactory evidence of the owner's consent to such release.”

• “(2A) The driver of a motor vehicle seized or impounded under this section must, if requested to do so by an enforcement officer,—

  • “(a) provide the driver’s—

    • “(i) full name; and

    • “(ii) full address; and

    • “(iii) date of birth; and

    • “(iv) occupation; and

    • “(v) telephone number; and

    • “(vi) driver licence number:

  • “(b) provide, if known to the driver and different from the driver, the transport service operator’s—

    • “(i) full name; and

    • “(ii) full address; and

    • “(iii) date of birth (if an individual); and

    • “(iv) telephone number.”

• “(4) Personal property (other than property attached to or used in connection with the operation of the vehicle) present in a motor vehicle at the time of the seizure and impoundment must be released on request to a person who produces satisfactory evidence to the effect that he or she was lawfully entitled to possession of the vehicle or personal property immediately before the vehicle was moved.

• “(5) Personal property present in a motor vehicle at the time of the seizure and impoundment must be released subsequently to—

  • “(a) a bailiff or constable who is executing a warrant to seize property:

  • “(b) a person acting on behalf of the owner of the goods if the person produces satisfactory evidence of the owner's consent to such release.”

• “(3A) The fees and charges referred to in subsection (2) are recoverable from the chief executive of the Ministry of Justice by the vehicle recovery service operator or storage provider if an impounded vehicle is seized or confiscated from impoundment under the Summary Proceedings Act 1957 or the Sentencing Act 2002.”

• “(6) The storage provider must immediately comply with—

  • “(a) a direction given under this Act to release the vehicle to the owner or a person authorised for the purpose by the owner; or

  • “(b) a warrant to seize property executed by a bailiff or constable under section 94 of the Summary Proceedings Act 1957; or

  • “(c) a warrant of confiscation under section 132 of the Sentencing Act 2002 executed by a Registrar, bailiff, or constable.”

• “(8) For the purposes of subsection (7), Registrar means any Registrar of the High Court or of a District Court, as the case may require, and includes a Deputy Registrar.”

• “(1) On or after the close of the 28-day impoundment period, the registered person in respect of the vehicle, or a person authorised for the purpose by the registered person, or a bailiff or a constable executing a warrant to seize property under section 94 of the Summary Proceedings Act 1957, or a Registrar, bailiff, or constable executing a warrant of confiscation under section 132 of the Sentencing Act 2002, is entitled to remove the vehicle from storage by—

  • “(a) showing the storage provider proof of identity and either,—

    • “(i) in the case of the registered person in respect of the vehicle, or a person authorised for the purpose by him or her, proof of ownership of the vehicle or the owner's copy of the notice of acknowledgement of seizure and impoundment; or

    • “(ii) in the case of a Registrar, bailiff, or constable, the warrant; and

  • “(b) paying the fees and charges for towage and storage of the vehicle, or entering into an arrangement to pay those fees and charges.”

• “(6) Before removing a vehicle under subsection (1), a bailiff or constable executing a warrant to seize property under section 94 of the Summary Proceedings Act 1957, or a Registrar, bailiff, or constable executing a warrant of confiscation under section 132 of the Sentencing Act 2002, must—

  • “(a) pay any unpaid fees and charges referred to in section 97(2) related to the vehicle to be removed; or

  • “(b) enter into an arrangement with the storage provider for the payment of any unpaid fees and charges that the owner of the impounded vehicle is liable to pay under section 97(2) in relation to the vehicle to be removed.

• “(7) Despite anything in subsections (1) to (6),—

  • “(a) in the case of a bailiff or constable executing a warrant to seize property under section 94 of the Summary Proceedings Act 1957, the period during which an impounded vehicle may be seized—

    • “(i) begins immediately on the expiry of the applicable 14-day appeal period specified in section 102; and

    • “(ii) ends when—

      • “(A) the vehicle is released under subsection (1); or

      • “(B) the storage provider becomes the owner of the vehicle under subsection (5):

  • “(b) in the case of a Registrar, bailiff, or constable executing a warrant of confiscation under section 132 of the Sentencing Act 2002, the period during which an impounded vehicle may be seized—

    • “(i) begins immediately on the impoundment of the vehicle; and

    • “(ii) ends when—

      • “(A) the vehicle is released under subsection (1); or

      • “(B) the storage provider becomes the owner of the vehicle under subsection (5).”

“Prohibiting sale or disposal of motor vehicles

“98A Commissioner may prohibit sale or disposal of certain motor vehicles

• “(1) This section applies if—

  • “(a) a person is charged with an offence under this Act or any other enactment that would, if the person is convicted of the offence, permit or require a court to order the confiscation of the person's motor vehicle under the Sentencing Act 2002; and

  • “(b) the Commissioner believes, on reasonable grounds in the circumstances, that the court would, if the person is convicted of the offence, order the confiscation of the person's motor vehicle under the Sentencing Act 2002.

  “(2) If this section applies, the Commissioner may prohibit the sale or disposal of the motor vehicle by giving notice in the prescribed form to—

  • “(a) the person who is charged; and

  • “(b) the registered person of the motor vehicle (if a person other than the person who is charged).

  “(3) A person notified under subsection (2) may not sell, or dispose of,—

  • “(a) the motor vehicle specified in the notice:

  • “(b) any parts of the motor vehicle specified in the notice.

  “(4) The Commissioner—

  • “(a) must cancel the notice given under subsection (2) if the person charged—

    • “(i) does not own, or does not have a legal or equitable interest in, the motor vehicle specified in the notice; or

    • “(ii) is not convicted of an offence that would permit or require a court to order the confiscation of the person's motor vehicle under the Sentencing Act 2002; or

    • “(iii) is convicted of such an offence but a court does not order the confiscation of the person's motor vehicle under the Sentencing Act 2002; or

  • “(b) may cancel the notice given under subsection (2) if—

    • “(i) the motor vehicle specified in the notice was stolen or converted at the time the person charged used it in a way that gave rise to the charge; or

    • “(ii) the owner of the vehicle specified in the notice took all reasonable steps to prevent the person charged from using the vehicle in a way that gave rise to the charge; or

    • “(iii) the Commissioner is satisfied that prohibiting the sale of the motor vehicle specified in the notice would entail undue hardship to the person charged, the owner of the motor vehicle, or any other person.

“98B Appeal of notice to District Court

• “(1) Any person who is given notice under section 98A may appeal to the District Court against the Commissioner's decision to give the notice.

  “(2) The court must determine the appeal on 1 or more of the grounds specified in section 98A(4).

  “(3) The court may confirm or cancel the notice.

  “(4) Every notice appealed against under this section continues in force pending the determination of the appeal, and no person is excused from complying with the notice on the ground that an appeal is pending.”

• “(f) if section 96(1A), (1AA), or (1AB) applies, the owner did not know and could not reasonably be expected to know that the operator of the vehicle would contravene section 22A(1) or (3), 22AF, or 114(1) or (2) (whichever applies); or”.

• “(g) if section 96(1A), (1AA), or (1AB) applies, the owner took all reasonable steps to prevent the operator of the vehicle from contravening section 22A(1) or (3), 22AF, or 114(1) or (2) (whichever applies); or”.

• “(1A) If a person fails to lodge an appeal under section 102 within the time specified, the person may, if an enforcement officer agrees, appeal to a District Court.

• “(1B) An enforcement officer may agree in writing to an appeal under subsection (1A) if the enforcement officer is satisfied that there are exceptional circumstances that prevented the filing of the appeal within the time specified under section 102(2).”

• “(3A) When issuing a notice under subsection (3), an enforcement officer may direct the driver or owner of the vehicle to comply with any applicable requirements with respect to the noise emitted by the vehicle's exhaust system if the enforcement officer believes on reasonable grounds that the vehicle does not comply with those requirements.

• “(3B) If a vehicle is subject to a direction under subsection (1) or (3) on the grounds that the vehicle's exhaust system exceeds any prescribed noise or decibel limits, the vehicle's exhaust system must, before new evidence of vehicle inspection may be issued, be certified as complying with the relevant limits in accordance with any prescribed testing and certification procedure.”

“121A Enforcement officer may give directions or immobilise vehicle if driver breaches certain licence conditions

• “(1) An enforcement officer may exercise all or any of the powers conferred by subsection (2) if the enforcement officer believes on reasonable grounds that a person who is for the time being in charge of a motor vehicle has, in relation to a prescribed class of motor vehicle, breached any condition of a class 1 or class 6 learner licence or a restricted licence held by that person.

  “(2) The enforcement officer may—

  • “(a) forbid the person to drive a motor vehicle until that person is able to comply with the conditions of that person's learner licence or restricted licence:

  • “(b) direct the person to drive to a specified place (for example, the person's home):

  • “(c) take possession of all ignition or other keys of the vehicle, and for that purpose require the person to deliver up immediately all such keys:

  • “(d) take any steps that may be necessary to make the motor vehicle immobile or to move the motor vehicle to a place where it does not constitute a traffic hazard.

  “(3) An enforcement officer may arrest without warrant a person who fails to comply with a power exercised under subsection (2).

  “(4) The power to take possession under subsection (2)(c) or to immobilise or move under subsection (2)(d) continues until—

  • “(a) the driver is able to drive the vehicle without breaching the conditions of that driver's licence; or

  • “(b) another person is able to drive the vehicle without breaching—

    • “(i) that person's licence:

    • “(ii) any enactment.”

“128C Enforcement officer's powers in respect of certain motor vehicles subject to service inspection and certification requirements

• “(1) This section applies if an enforcement officer has reasonable cause to suspect that a motor vehicle (other than a heavy motor vehicle) that is subject to a rule or regulation regarding in-service inspection and certification does not comply with that rule or regulation.

  “(2) If this section applies, an enforcement officer may direct the driver of that vehicle to—

  • “(a) drive the vehicle to a specified place for vehicle inspection; and

  • “(b) subject the vehicle to a vehicle inspection to determine whether it complies with any relevant enactment.

  “(3) Except where the driver has failed to stop when directed under subsection (4) or section 114, nothing in subsection (2) authorises an enforcement officer to direct a driver or person in charge to travel a distance exceeding 5 km from the place where the direction is given to a specified place for vehicle inspection.

  “(4) The driver of a motor vehicle must, whenever directed by an enforcement officer, stop the vehicle and keep it stopped so that an enforcement officer may determine whether or not to—

  • “(a) take any action under subsection (2); or

  • “(b) complete the exercise of any other power conferred on an enforcement officer by this Act.”

• “(sa) setting the number of demerit points to be recorded in respect of an offence that concerns the driving of a motor vehicle:”.