Land Transport Amendment Bill

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Hon Simon Bridges

Land Transport Amendment Bill

Government Bill

173—1

Contents

Explanatory note
1Title
2Commencement
Part 1
Amendments to Land Transport Act 1998
3Principal Act
4New section 2A inserted (Transitional, savings, and related provisions)
2ATransitional, savings, and related provisions
Subpart 1—Alcohol interlock sentences
5Section 2 amended (Interpretation)
6Section 33 amended (Contravention of section 5(2) or (3))
7Section 55A amended (Offences concerning alcohol interlock devices)
8Section 56 amended (Contravention of specified breath or blood-alcohol limit)
9Section 57 amended (Contravention of specified breath or blood-alcohol limit by person younger than 20)
10Section 57AA amended (Contravention of specified breath or blood alcohol limit by holder of alcohol interlock licence or zero alcohol licence)
11Section 57A amended (Driving while impaired and with blood that contains evidence of use of qualifying drug)
12Section 58 amended (Contravention of section 12)
13Section 60 amended (Failure or refusal to permit blood specimen to be taken or to undergo compulsory impairment test)
14Section 61 amended (Person in charge of motor vehicle causing injury or death)
15Section 62 amended (Causing injury or death in circumstances to which section 61 does not apply)
16Section 63 amended (Further penalty in certain cases where person driving vehicle used in transport service)
17Cross-heading above section 65 replaced
Mandatory disqualification and assessment for repeat offences
18Section 65 amended (Mandatory penalties for repeat offences involving use of alcohol or drugs)
19Section 65A replaced (Alcohol interlock requirements for repeat offences or certain first time offences involving use of alcohol)
Mandatory alcohol interlock sentence for repeat offences and certain first offences
65ABQualifying offences
65ACAlcohol interlock sentence
65ADInjury or death
65AEPeriod of disqualification
65AFAlcohol interlock sentence disqualifies person from driving except under alcohol interlock licence
65AGAlcohol interlock licence requirements
65AHCourt may take alcohol interlock sentence into account
65AIExceptions: persons who are not to be given alcohol interlock sentence
65AJEffect of subsequent qualifying offences on alcohol interlock licence
65AKEffect of other subsequent offences on alcohol interlock licence
Mandatory zero alcohol requirements for repeat offences
20Section 65B amended (Mandatory zero alcohol requirements for repeat offences involving use of alcohol)
21Section 81 amended (Provisions relating to mandatory disqualification)
22Section 87 amended (Particulars of certain court orders to be sent to Agency and offender)
23Section 94 amended (Substitution of community-based sentences)
24Section 99 amended (Court may reduce disqualification)
25Section 100 amended (Agency to remove certain disqualifications)
26Section 100A replaced (Agency to remove alcohol interlock requirements)
100AAgency may replace alcohol interlock licence with zero alcohol licence
100BCourt may cancel alcohol interlock sentence
27Section 103 amended (Persons who may apply to court for limited licence)
28Section 108 replaced (Appeal against Agency’s refusal to remove disqualification)
108Appeal against Agency’s refusal to remove disqualification or replace alcohol interlock licence with zero alcohol licence
Subpart 2—Fare evasion
29Section 79M replaced (Penalties for failure to pay passenger service fares)
79MPenalties for failure to pay service fares, etc
30New section 128F inserted (Powers of enforcement officers in relation to public transport service fares)
128FPowers of enforcement officers in relation to public transport service fares
31Section 167 amended (Regulations)
Subpart 3—Fleeing drivers
32Section 36AB repealed (Contravention of sections 7 and 114)
33Section 52 amended (Contravening notices, requirements, etc, given or imposed by enforcement officers)
34New section 52A inserted (Contravention of section 114)
52AContravention of section 114
35Section 96 amended (Vehicle seized and impounded for 28 days in certain circumstances)
36Section 102 amended (Appeal to Police against impoundment of vehicle)
37Section 118 amended (Owner or hirer or licence holder to give information as to identity of driver or passenger)
38Section 123 amended (Enforcement officer may seize and impound vehicle for up to 7 days where serious accident or hit and run offence or for failure to stop)
Subpart 4—Heavy vehicles
39Section 2 amended (Interpretation)
40Section 6 amended (Vehicles to be safe and operated in compliance with rules)
41Section 16 replaced (Heavy motor vehicles not to be overloaded)
16Heavy motor vehicles not to be overloaded or in breach of dimension requirements
42Section 16A replaced (Restriction of heavy traffic on roads)
16ATemporary restriction of heavy traffic on roads
43Section 30O amended (Term of transport service licence)
44Section 43 replaced (Overloading offences)
43Overloading and over-dimension offences
45Section 113A amended (Power to inspect records)
46Section 125 amended (Stopping, inspection, and weighing of heavy vehicles and certain transport service vehicles)
47Section 126 amended (Off-loading of overweight vehicle)
48Section 147 amended (Evidence of accuracy of weighing devices and sites)
49New section 147A inserted (Certification of accuracy of alternative weighing technology)
147ACertification of accuracy of alternative weighing technology
50Section 152 amended (Power of Minister to make ordinary rules)
51Section 164 amended (Matters to have regard to when making or recommending rules)
52Section 166 amended (Agency may grant exemptions)
53New section 166A inserted (Agency may grant exemptions to New Zealand Defence Force)
166AAgency may grant exemptions to New Zealand Defence Force
54Section 167 amended (Regulations)
Subpart 5—Small passenger services
55Section 2 amended (Interpretation)
56Section 22AB amended (Road controlling authorities may make certain bylaws)
57Section 30A amended (Requirements for vehicles)
58Section 30B repealed (Provision of identification information in Braille)
59Section 30D amended (Additional criteria for small passenger service vehicles and vehicle recovery service)
60Section 30E amended (Additional criteria for large passenger service vehicles)
61Section 30J replaced (Transport service operators may not carry on certain transport services unless licensed to do so)
30JTransport service operators must be licensed
62Section 30L amended (Grant of licence)
63Section 30M amended (Conditions of transport service licences)
64Sections 30P to 30R replaced
30PDriver must have or drive under transport service licence
30QRecords to be kept by facilitator of facilitated cost-sharing arrangement
65Section 30S amended (When Agency may revoke transport service licence)
66Section 30T amended (Procedure Agency must follow before revoking transport service licence)
67Section 30U amended (Suspension of transport service licence)
68Section 30V amended (Interpretation)
69Section 30Z replaced (Application of Part)
30ZApplication of Part
70Section 30ZD amended (Records must be kept)
71Section 30ZH amended (Duties regarding logbooks)
72Section 79A amended (Offence to carry on transport service without licence)
73New section 79AB inserted (Offence to drive vehicle used in transport service without licence)
79ABOffence to drive vehicle used in transport service without licence
74Section 79C amended (Failure to present vehicle for inspection)
75Section 79H amended (Contravention of section 128A)
76Section 87B amended (Disqualification of holder of transport service licence from holding transport service licence)
77Section 128A amended (Enforcement officer’s powers in respect of non-complying small passenger service vehicles)
78Section 158 amended (Rules concerning licensing, standard-setting, etc)
79Section 199A amended (Register of transport service licences)
Subpart 6—Miscellaneous amendments
80Section 2 amended (Interpretation)
81Section 22AB amended (Road controlling authorities may make certain bylaws)
82Section 90 amended (Suspension of licence or disqualification from driving under demerit points system)
83Section 95 amended (Mandatory 28-day suspension of driver licence in certain circumstances)
84Section 119 amended (Powers of entry)
85Section 121 amended (Enforcement officer may immobilise vehicle, etc, in specified circumstances)
86Section 129 amended (Vehicles may be inspected and directed to remain stopped for contravening dangerous goods rules)
87Section 132 amended (Inspection powers concerning dangerous goods)
88Section 139 amended (Issue of infringement notice)
89Section 140 amended (Contents of infringement and reminder notices)
90Section 168 amended (Regulations relating to fees and charges for land transport)
91Section 242 amended (Motor vehicles must be registered and licensed)
92Section 269 amended (Regulations)
Part 2
Related and consequential amendments
Amendment to Government Roading Powers Act 1989
93Amendment to Government Roading Powers Act 1989
Amendment to Road User Charges Act 2012
94Amendment to Road User Charges Act 2012
Amendments to Sentencing Act 2002
95Amendments to Sentencing Act 2002
Transitional, savings, and related provisions
96New Schedule 1 inserted and amended
Consequential amendments to enactments
97Consequential amendments to enactments
Schedule 1
New Schedule 1 inserted
Schedule 2
Consequential amendments to Acts
Schedule 3
Consequential amendments to other enactments

The Parliament of New Zealand enacts as follows: