Joyce Steven: Land Transport (Enforcement Powers) Amendment Bill — In Committee Third Reading 
Joyce Steven: Land Transport (Enforcement Powers) Amendment Bill — In Committee Third Reading 
[Volume:658;Page:7225] 
Hon STEVEN JOYCE (Minister of Transport) 
: 
 I move  
That the Land Transport (Enforcement Powers) Amendment Bill be now read a third time 
. I thank members for their work on this bill. It has been given a thorough examination and the amendments have made a good bill even better. 
People who engage in illegal street racing activity—and by that I mean unauthorised races unnecessary acceleration burnouts and the pouring of diesel and other substances on the road—are a danger to themselves and to others. Current legislation already prohibits these activities but it does not go far enough in providing police with appropriate powers that reflect the wider issues associated with illegal street racing. This bill will tighten up that legislation and tackle other offending that goes hand in hand with illegal street racing. 
The select committee received many submissions from residents who said that the peace of their homes was compromised by the selfish and often intimidating behaviour of antisocial drivers. Business owners told of loss of revenue and damage to premises. People told of incessant noise and it could be said that we have heard some examples of that in the Chamber here this evening. The bill aims to reduce this nuisance and disturbance by giving road-controlling authorities such as councils the powers to create by-laws to prevent cruising. Cruising is carefully defined in the bill as the repeated circling of the same sections of road in a manner that draws attention to the power or noise of the vehicle or that forms a convoy that impedes the flow of traffic. If car enthusiasts want to meet and admire each other’s vehicles of course that is fine. However it ceases to be OK when they create a nuisance to others intimidate communities and have an adverse effect on local businesses. 
This bill will also enable police to attach warning notices on vehicles used in breaches of certain illegal street racing or cruising by-laws. The warning on the vehicle will allow the police to impound the vehicle if it is caught breaching another by-law within 90 days. Impoundment in this situation will be mandatory as it will be for all illegal street racing offences. The bill will also reduce fines for breaching the graduated driver-licensing system and provisions for noisy vehicles while increasing demerit points for those same offences. We know that fines can be largely ineffective for this group of drivers. Often the fine is paid by parents pooled and shared amongst the occupants of the cars or just completely ignored. Demerit points can lead to loss of licence which has a far higher deterrent value. Demerit points will also be attached to registration plate offences for those who deliberately obscure or use false registration plates to avoid detection. 
Police have told me of their frustration when after ticketing drivers on a learner or restricted licence for breaching their licence conditions they then watch the offenders drive away still in breach of their conditions. This bill will give the police the power to stop this by forbidding the person from driving by taking away the vehicle’s keys or by taking other necessary steps to immobilise the vehicle until it can be driven legally. Drivers who have been suspended or disqualified are supposed to surrender their photo driver’s licence card but often this does not happen. The administrative costs of a licence suspension and disqualification are borne by all licensed drivers. This bill will give the New Zealand Transport Agency the power to cancel a driver’s licence card. Drivers will have to pay to get a new card after their period of suspension or disqualification ends. 
The bill will increase penalties for those who try to evade the police by failing to stop when requested and for those who try to avoid detection by refusing to give the details of drivers and passengers involved in offences. The bill will make it mandatory for a vehicle ordered off the road by the police for excessive exhaust noise to undergo a metered noise test before obtaining a new warrant of fitness. Vehicles that pass the test will have their exhaust system indelibly marked. This will prevent exhaust swapping or tampering which is known to happen following a warrant of fitness. Police will also have the power to direct a vehicle to be inspected if the officer suspects that the vehicle has been illegally modified or is unsafe. Currently police can ask drivers to take their vehicles for an inspection but have no power to compel them to do so. 
For too long serious traffic offenders have been able to avoid having their vehicles confiscated because of a loophole in the law that allows them to transfer the registration of vehicles to friends or family members while still having full access to the vehicles. Police will now be able to prohibit the sale or disposal of vehicles prior to the vehicles being confiscated. Serious traffic offenders will lose their vehicles. Bailiffs and officers of the court will now be able to seize or confiscate a vehicle directly from an impoundment yard. This will reduce the number of vehicles that disappear between the time of being released from the impoundment yard and that of the bailiff turning up. 
Further to the increased penalties for failing to stop a Supplementary Order Paper has been introduced to give the police power to impound a vehicle for 28 days when the driver has failed to stop when signalled to do so. Failure to stop represents a deliberate attempt to evade punishment for offending. When high speeds and dangerous driving are involved the safety of all road users is jeopardised. Vehicle impoundment is an immediate sanction which will send a clear message to people who attempt to evade the police that this will not be tolerated. 
Finally following the agreement of Parliament to consider a Supplementary Order Paper amending the new drug-impaired driving legislation this bill will strengthen that legislation in an important way. It adds 34 sedative and anti-anxiety medications known collectively as benzodiazepines to the list of drugs which if found in the bloodstream of a driver who has failed the compulsory impairment test will be grounds for prosecution. Recently published research shows that benzodiazepines significantly increase the risk of motor vehicle crashes. We need to send a strong signal deterring people from driving under the influence of such drugs and this bill will help to achieve that. 
This new legislation will come into force on 1 November and I thank the House for facilitating this enhancement. The bill will give police and road controlling authorities the appropriate powers for addressing this problem. It sends a strong message that illegal street racing and the antisocial use of vehicles have no place on our roads. We are working to improve road safety further through the Safer Journeys strategy and we simply cannot tolerate wilfully dangerous behaviour on our roads. I commend this bill to the House.