Address for correspondence and payment:
To defendant
Full name: [first name(s), family name]
The enforcement authority shown above alleges that you committed an infringement offence on [date] at [time] at [place] in that you [details of the offence, including the vehicle registration number of any vehicle used in the offence].
This is an offence against [specify enactment and provision applicable.]
[In the case of a speeding offence, set out the applicable speed limit and the speed at which the driver was travelling at the time of the offence.]
[In the case of an infringement offence (other than a speeding offence) in respect of which a scale of infringement fees is prescribed depending on the extent of the offence, here set out the extent of the infringement offence alleged.]
Being:
*1AA
A public transport service offence
*1
A moving vehicle infringement offence
*2
A special vehicle lane offence
*3
An overloading infringement offence
*4
A stationary vehicle infringement offence
*5
Any offence (other than those listed above or a toll offence) specified in Schedule 1 of the Land Transport (Offences and Penalties) Regulations 1999
*7
An offence against section 10(2) of the Road User Charges Act 2012
Infringement notice issued by: [name or number, if any, of officer who issued notice]
Penalty for offence
Infringement fee/amount of the infringement fee remaining unpaid (excluding towage fee): $[amount]
You must pay the infringement fee within 28 days after the service of this notice. The last date for payment is [date].
[Specify method(s) of payment.]
Service details
(To be provided for filing in court)
Infringement notice served by attaching to vehicle/personal service/prepaid post/electronically (if permitted)*.
Reminder notice served by personal service/prepaid post/electronically (if permitted)* at [full address at which the reminder notice was served].
Court record
Information
If there is anything in these notes you do not understand, you should consult a lawyer.
The type of infringement offence that you are alleged to have committed appears on the front of this form.
Payment
1
If you pay the infringement fee or the amount of the infringement fee remaining unpaid (including any towage fees) within 28 days after the service of this notice, no further enforcement action will be taken against you.
Defence
2
You will have a complete defence against proceedings relating to the alleged offence if you can show the infringement fee or the amount of the infringement fee remaining unpaid (including any towage fees) has been paid to the enforcement authority and received at the address shown on the front of this notice within 28 days after the service of this notice.
3
Late payment, or payment made to any other address, will not constitute a defence to proceedings in respect of the alleged offence.
Note: Demerit points apply to a range of traffic offences. If the offence alleged against you is an offence to which demerit points apply they will be recorded against you upon payment of the infringement fee (or upon conviction for the offence). However, demerit points take effect from the date the offence was committed. If 2 or more offences arising out of the same set of circumstances are committed, demerit points will be recorded in respect of the offence carrying the highest number.
Further action
4
You must write to the enforcement authority if you wish to do any of the following things:
(a)
raise a matter concerning the circumstances of the alleged offence for consideration by the enforcement authority; or
(b)
deny liability for the alleged offence and request a court hearing; or
(c)
admit liability for the offence, but have the court consider submissions as to penalty or otherwise. In your letter you must request a hearing, admit liability in respect of the offence, and set out the submissions that you would like the court to consider.
You must ensure that your request is received on or before the last day for payment.
If you deny liability and request a court hearing, the enforcement authority will then, if it decides to commence court proceedings in respect of the alleged offence, serve you with a notice of hearing setting out the place and time at which the matter will be heard by the court.
If you admit liability but wish to have the court consider submissions, the enforcement authority will then, if it decides to commence court proceedings in respect of the offence, file your letter with the court. You are not entitled to make oral submissions to the court.
If the court finds you guilty or you make submissions, costs will be imposed in addition to any penalty.
Note: If the offence alleged against you is an overloading offence or an offence against section 10(2) of the Road User Charges Act 2012, you should not make written submissions as to penalty because the penalty for the offence is fixed and may not be reduced by the court.
Information about moving vehicle offences and special vehicle lane offences
5
Section 133 of the Land Transport Act 1998 provides that proceedings for a moving vehicle offence or a special vehicle lane offence may be taken against 1 or more of the following persons:
(a)
the person who allegedly committed the offence:
(b)
the person who, at the time of the alleged offence, was registered under section 18 of the Transport (Vehicle and Driver Registration and Licensing) Act 1986 or Part 17 of the Land Transport Act 1998 in respect of the vehicle involved in the offence:
(c)
a person who, at the time of the alleged offence, was lawfully entitled to possession of the vehicle involved in the offence (whether jointly with any other person or not),—
whether or not, if item (b) or (c) applies, the person is an individual or was the driver or person in charge of the vehicle at the time the alleged offence was committed.
6
Where proceedings in respect of a moving vehicle offence or a special vehicle lane offence are taken against you not as the person who allegedly committed the offence but as a person referred to in paragraph 5(b) or (c), the acts or omissions of the driver or person in charge of the vehicle at the time of the alleged offence are presumed to be your acts or omissions unless you establish the defence described in paragraph 8.
Defences relating to moving vehicle offences and special vehicle lane offences
8
Where the acts or omissions of another person are presumed to be yours (as set out in paragraph 6) you may have a complete defence (in addition to those indicated in paragraphs 2 and 7) to any proceedings against you for the moving vehicle offence or the special vehicle lane offence if you prove that,—
(a)
at the time the alleged offence was committed,—
(i)
you were not lawfully entitled to possession of the vehicle (either jointly with another person or as an individual); or
(ii)
another person was driving the vehicle; and
(b)
you advised the enforcement authority in writing of this immediately after becoming aware of the alleged offence; and
(c)
you gave to the enforcement authority a statutory declaration—
(i)
identifying the driver, by giving the full name and full address of the driver and any other identifying particulars, so far as they are within your knowledge, such as the driver’s date of birth, occupation, and telephone number; or
(ii)
establishing that you could not identify the driver, after taking all reasonable steps to do so.
Information relating to stationary vehicle offences
9
Section 133A of the Land Transport Act 1998 provides that proceedings for a stationary vehicle offence may be taken against 1 or more of the following persons (whether or not, if item (b) or (c) applies, the person is an individual or was the driver, person in charge, or user of the vehicle at the time the alleged offence was committed):
(a)
the person who allegedly committed the offence:
(b)
the person who, at the time of the alleged offence, was registered under section 18 of the Transport (Vehicle and Driver Registration and Licensing) Act 1986 or Part 17 of the Land Transport Act 1998 in respect of the vehicle involved in the offence:
(c)
the person who, at the time of the alleged offence, was lawfully entitled to possession of the vehicle involved in the offence (whether jointly with any other person or not).
10
Where proceedings in respect of a stationary vehicle offence are taken against you not as the person who allegedly committed the offence but as a person referred to in paragraph 9(b) or (c), the acts or omissions of the driver, person in charge or user of the vehicle at the time of the alleged offence are presumed to be your acts or omissions unless you establish the defence described below in paragraph 12.
Defences relating to stationary vehicle offences
12
Where the acts or omissions of another person are presumed to be yours (as set out in paragraph 10), you may have a complete defence (in addition to those indicated in paragraphs 2 and 11) to any proceedings against you for the stationary vehicle offence if you prove that,—
(a)
at the time the alleged offence was committed,—
(i)
you were not lawfully entitled to possession of the vehicle (either jointly with any other person or as an individual); or
(ii)
another person was unlawfully in charge of the vehicle; and
(b)
you advised the enforcement authority in writing of this as soon as practicable after becoming aware of the alleged offence; and
(c)
you gave the enforcement authority a statutory declaration—
(i)
identifying another person who was, at the time of the alleged offence, lawfully entitled to possession, or was unlawfully in charge of the vehicle, by providing the full name and full address and any other identifying particulars of the other person that you know, for example, the other person’s date of birth, occupation, and telephone number; or
(ii)
establishing that you could not identify the other person after taking all reasonable steps to do so.
Defence relating to public transport service offences
13
You have a defence if you made reasonable attempts to pay the fare and there were no available means of paying.
Next steps
If you do not request a hearing and you do not pay the infringement fee or the amount of the infringement fee remaining unpaid (including any towage fees) within 28 days after the service of this notice, you will become liable to pay a fine and court costs.
Note: All payments, queries, and correspondence regarding this notice must be directed to the enforcement authority at the address shown on the front of this notice. When writing, please include the date of the alleged infringement offence, the reminder notice number, the vehicle registration number (if shown on the front of this form), and your address for replies.
Schedule 5: amended, on 18 June 2018, by regulation 9(1) of the Land Transport (Infringement and Reminder Notices) Amendment Regulations 2018 (LI 2018/70).
Schedule 5: amended, on 18 June 2018, by regulation 9(2) of the Land Transport (Infringement and Reminder Notices) Amendment Regulations 2018 (LI 2018/70).
Schedule 5: amended, on 4 October 2013, by regulation 3(2) of the Criminal Procedure (Consequential Amendments) Regulations 2013 (SR 2013/409).