Hon Steven Joyce
Government Bill
213—2
As reported from the Transport and Industrial Relations Committee
Commentary
Key
1 Title
2 Commencement
3 Principal Act amended
Part 1Amendments to principal Act
4 Interpretation
5 Drivers to be licensed
6 Drivers not to exceed specified alcohol limits
7 Drivers and other road users to comply with directions of enforcement officers, etc
8 New sections 16A and 16B inserted
16A Restriction of heavy traffic on roads
16B Interference with operation of speed measuring devices
9 Doctors and optometrists to give Agency medical reports of persons unfit to drive
10 Road controlling authorities may make certain bylaws
11 New section 24A inserted
24A Authorised persons may request driver licences for certain persons
12 Minimum age for driver licensing
13 Driver licences are property of Agency and are to be surrendered in certain circumstances
13A Interpretation
14 Agency may grant exemptions or approve alternative fatigue management schemes
15 New sections 30ZB and 30ZC substituted
30ZB Application of subpart
30ZC Limits on work time
16 Contravention of section 5(1)(c)
17 Contravention of section 7 or 22 involving injury or death
18 New section 36AA inserted
36AA Contravention of section 7 by causing death of another person
19 Contravention of section 22A
20 Overloading offences
21 Contravention of section 92(4)
22 New section 55A inserted
55A Offences concerning alcohol interlock devices
23 Contravention of specified breath or blood alcohol limit by person younger than 20
24 New section 57AA inserted
57AA Contravention of specified breath or blood alcohol limit by holder of alcohol interlock licence or zero alcohol licence
25 Person in charge of motor vehicle causing injury or death
26 Defences
27 Mandatory penalties for repeat offences involving use of alcohol or drugs
28 New sections 65A and 65B inserted
65A Alcohol interlock requirements for repeat offences or certain first time offences involving use of alcohol
65B Mandatory zero alcohol requirements for repeat offences involving use of alcohol
29 Blood test fee
30 Who must undergo evidential breath test
31 Who must give blood specimen at places other than hospital or surgery
32 Who must give blood specimen in hospital or surgery
33 Procedure for dealing with blood specimens
34 Certificates in blood-alcohol proceedings
35 Presumptions relating to blood specimens
36 Presumptions relating to alcohol-testing
37 Circumstances in which certificate not admissible in proceedings
38 Failure to keep or produce records or comply with conditions of exemption or approval
39 Failure to comply with prescribed work time restrictions or rest time requirements
40 Defences to work time offences
41 New section 79PA inserted
79PA Matters to be taken into account in imposing penalty for offence against section 79O
42 Failure to discharge duties regarding logbooks
43 Offences and proceedings concerning logbooks
44 New section 79V inserted
79V Search warrants in relation to offences against section 79T or 79U
45 Effect of disqualification
46 New sections 82A to 82C inserted
82A Application for reinstatement if suspended for any period (other than under section 95), or disqualified for period not exceeding 12 months
82B Transitional provision concerning application of section 82A
82C Application for reinstatement following expiry of alcohol interlock licence or zero alcohol licence
47 Particulars of court orders relating to disqualification to be sent to Agency and offender
48 Immediate suspension of transport service driver and other persons in interests of public safety
49 Procedure for suspending person under section 87D
49 New section 87E substituted
87E Procedure for suspending persons under section 87D
50 New sections 90 and 90A substituted
90 Suspension of licence or disqualification from driving under demerit points system
90A Calculation of demerit points
51 Cancellation and reinstatement of demerit points
52 Compulsory attendance at driving improvement course or dangerous goods course
53 Court may order compulsory driving test
54 Mandatory 28-day suspension of driver licence in certain circumstances
55 New section 95A inserted
95A Extension of 28-day suspension period of driver licence under section 95
56 Vehicle seized and impounded for 28 days in certain circumstances
57 Impoundment of vehicle used in transport service
58 Storage of impounded vehicles
59 Release of vehicle after 28 days
60 New section 100A inserted
100A Agency to remove alcohol interlock requirements
61 Persons who may apply to court for limited licence
62 Issue of limited licence to be delayed or prohibited in certain cases
63 Court may make order authorising grant of limited licence
64 Enforcement officers may enforce transport legislation
65 Enforcement officers may give directions prohibiting driving of vehicles
66 Powers of entry
67 Enforcement officer may immobilise vehicle, etc, if driver incapable of proper control of vehicle
68 New sections 128D and 128E inserted
128D Appointment of parking wardens
128E Powers of parking wardens
69 Owner liability for moving vehicle offences
70 New section 133A inserted
133A Owner liability for stationary vehicle offences
71 Time for instituting proceedings
72 Issue of infringement notice
73 New sections 139A and 139B inserted
139A Entitlement to infringement fees
139B Towage fees if parking offences prosecuted
74 Provisions relating to infringement fees
75 Evidence and proof
76 Evidence of certain documents
77 Evidence of rules
78 New section 152A inserted
152A Governor-General may make ordinary rules
79 Rules concerning licensing, standard-setting, etc
80 Procedure concerning ordinary rules
81 Agency may make emergency rules
82 Matters to be taken into account in making rules
83 New section 165 substituted
165 Incorporation by reference
84 Regulations
85 Regulations relating to fees and charges for land transport
86 New section 168C inserted
168C Piloting fees
87 Agency to maintain register of driver licences
88 New section 208A inserted
208A Enforcement officer appointed under section 208 may enforce special vehicle lane offences
89 Taking of blood specimens for statistical or research purposes
90 New section 209AA inserted
209AA Expiry and repeal of section 209(2A) to (2C)
91 New section 212 substituted
212 Agency to pay sum to assessment centres
92 Transfer provisions for certain employees of Land Transport Safety Agency
93 New sections 224A and 224B inserted
224A Saving of certain directions given by parking wardens
224B Savings of bylaws made under certain Acts
94 Interpretation matters applying to this Part
Part 2Repeal, revocations, and consequential amendments
95 Repeal
96 Revocations
97 Consequential amendments
Schedule 1 Consequential amendments that come into force 90 days after date of Royal assent
Schedule 2 Consequential amendments that come into force on date specified by Governor-General by Order in Council
Schedule 3 Consequential amendments that come into force on day after date of Royal assent
Legislative history
The Parliament of New Zealand enacts as follows: