Land Transport (Road Safety and Other Matters) Amendment Act 2011

1: Title
This Act is the Land Transport (Road Safety and Other Matters) Amendment Act 2011.
2: Commencement
1: Sections 4(9), 6(1) 16 17 25 28 32 40 68 91 92 100(1)
2: Sections 4(18) 33 to 37 39
3: Sections 12 100(4)
4: Sections 5 6(2) 18 23 24 26 30 38 48(2) 50 53(2) 54 55 59(1) 63 64 100(2)
5: The rest of this Act comes into force on the day after the date of Royal assent. Section 2(4) sections 5, 6(2), 18, 23, 24, 26, 30, 38, 48(2), 50, 55, 59(1), 63, 64, and 100(2) and Schedule 2 brought into force 10 September 2012 Land Transport (Road Safety and Other Matters) Amendment Act 2011 Commencement Order 2012 (SR 2012/203)
3: Principal Act amended
This Act amends the Land Transport Act 1998 2011-08-07 Land Transport Act 1998 See section 2(1) 2011-11-05 Land Transport Act 1998 See section 2(2) 2011-08-01 Land Transport Act 1998 See section 2(3) OIC SR 2012/203 2012-09-10 Land Transport Act 1998 Sections 5, 6(2), 18, 23, 24, 26, 30, 38, 48(2), 50, 55, 59(1), 63, 64, and 100(2) and Schedule 2 of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 come into force on 10 September 2012. Note: [From Section 2(4) above] sections 53(2) and section 54 haven’t commenced; section 53(2) repealed on 11 August 2017. OIC Land Transport Act 1998 section 54 hasn’t commenced; section 53(2) repealed on 11 August 2017. 2011-05-10 Land Transport Act 1998 See section 2(5)
1: Amendments to principal Act
4: Interpretation
1: The definition of enforcement authority section 2(1)
ba: an airport authority: .
2: The definition of enforcement authority section 2(1)
d: a local authority, in the case of an infringement offence for which an infringement notice is issued by an employee of the local authority or on behalf of the local authority: .
3: Section 2(1) hospital hospital .
4: The definition of infringement offence section 2(1)
ab: a stationary vehicle offence: .
5: Paragraph (c) of the definition of infringement offence section 2(1) Schedule 2 of the Transport Act 1962 regulations made under this Act
6: Paragraph (c) of the definition of moving vehicle offence section 2(1) , or against the Transport Act 1962 or any regulations or bylaws made under that Act,
7: The definition of parking warden section 2(1) section 7(1) of the Transport Act 1962 section 128D
8: Paragraph (b)﻿(iii) of the definition of passenger service section 2(1) made made; or
9: Section 2(1) positive evidential breath test positive
a: in the case of a person who holds an alcohol interlock licence or a zero alcohol licence, that the breath of the person who underwent the test contains alcohol; or
b: in the case of a person who is apparently younger than 20, that the breath of the person who underwent the test contains alcohol; or
c: in the case of any other person, that the proportion of alcohol in the breath of the person who underwent the test exceeds 400 micrograms of alcohol per litre of breath .
10: The definition of qualifying bylaw section 2(1)
a: omitting section 22AB(1)﻿(b) section 22AB(1)﻿(a)
b: omitting , section 72(1)﻿(d) of the Transport Act 1962, section 684(1)﻿(13) of the Local Government Act 1974,
11: Paragraph (e) of the definition of road section 2(1) paragraph (d): paragraph (d); and
12: The definition of speed limit section 2(1) the Transport Act 1962,
13: Paragraph (b) of the definition of transport service section 2(1)
i: licensed rail participants under the Railways Act 2005; and .
14: The definition of transport service vehicle section 2(1)
a: a rail vehicle under the Railways Act 2005; or .
15: Paragraph (f) of the definition of transport service vehicle section 2(1) hour hour)
16: Section 2(1) work time work time
a: driving a vehicle to which section 30ZB(1)
b: performing work-related duties, including (but not limited to)—
i: loading and unloading:
ii: maintenance and cleaning of vehicles (other than unpaid cleaning outside working hours):
iii: administration or recording:
c: in any paid employment (other than paid leave or paid breaks of at least 30 minutes' duration), whether or not related to transport activities .
17: Section 2(1) alcohol interlock device
a: is a part of the starting system of a motor vehicle; and
b: uses breathalyser technology to determine whether the starting system should start the motor vehicle; and
c: is, for the purposes of section 65A Gazette alcohol interlock licence section 65A(2) approved provider heavy traffic
a: the use of any heavy motor vehicle; or
b: any other traffic declared to be heavy traffic by the Agency by notice in the Gazette moped
a: means a motor vehicle (other than a power-assisted pedal cycle) that has—
i: 2 wheels; and
ii: a maximum speed not exceeding 50 kilometres per hour; and
iii: either—
A: an engine cylinder capacity not exceeding 50 cc; or
B: a power source other than a piston engine; and
b: includes a motor vehicle running on 3 wheels if the vehicle—
i: was registered before paragraph (a)
ii: falls within the definition of moped in section 2(1) of the Transport (Vehicle and Driver Registration and Licensing) Act 1986 motorcycle
a: means a motor vehicle running on 2 wheels, or not more than 3 wheels when fitted with a sidecar; and
b: includes a vehicle with motorcycle controls that is approved as a motorcycle by the Agency; but
c: does not include a moped parking
a: in relation to any portion of a road where parking is for the time being governed by the location of parking meters placed pursuant to a bylaw of a local authority, the stopping or standing of a vehicle on that portion of the road for any period exceeding 5 minutes:
b: in relation to any other portion of a road, the stopping or standing of a vehicle on that portion of the road parking offence paragraph (a) parking warden section 128D permanent speed limit stationary vehicle offence
a: parking in any portion of a road in breach of—
i: any Act or regulation; or
ii: any bylaw made under section 22AB(1)﻿(m) to (o)
b: any offence specified as a stationary vehicle offence in regulations made under this Act towage fee Gazette zero alcohol licence
a: is issued to a person who is authorised to obtain the licence by a court order made under section 65B(2)
b: authorises the person to drive on the condition that neither the person’s breath nor the person’s blood contains alcohol .
18: Section 2(1) blood specimen collecting instrument
a: a needle and syringe; or
b: an instrument of a kind designed for the taking of blood specimens approved by the Minister of Police (after consulting the Science Minister and the Minister of Transport) by notice in the Gazette blood specimen collecting procedure Gazette .
19: Section 2(2) or replacement notice A notice
20: Section 2(2) or replaced or revoked
21: Section 2(3) or replacement notice A notice
22: Section 2
5: Despite anything in subsection (1)
a: begins from the commencement of any work time; and
b: ends only after a continuous period of rest of at least 10 hours is taken. 1962 No 135 s 41A(1)
5: Drivers to be licensed
Section 5(1)﻿(c) a limited licence an alcohol interlock licence, a zero alcohol licence, or a limited licence
6: Drivers not to exceed specified alcohol limits
1: Section 11
c: if the person is younger than 20,—
i: the person’s breath, as ascertained by an evidential breath test subsequently undergone by the person under section 69, contains alcohol; or
ii: the person’s blood, as ascertained from an analysis of a blood specimen subsequently taken from the person under section 72 or 73, contains alcohol; or .
2: Section 11
d: if the person holds an alcohol interlock licence or a zero alcohol licence,—
i: the person’s breath, as ascertained by an evidential breath test subsequently undergone by the person under section 69, contains alcohol; or
ii: the person’s blood, as ascertained from an analysis of a blood specimen subsequently taken from the person under section 72 or 73, contains alcohol.
7: Drivers and other road users to comply with directions of enforcement officers, etc
Section 13(1AA) section 22AE section 22AF
8: New sections 16A and 16B inserted
The following sections are inserted after section 16
16A: Restriction of heavy traffic on roads
1: The Agency (in relation to a State highway, the control of which has not been delegated to a territorial authority under Part 4 of the Government Roading Powers Act 1989) or another road controlling authority (in relation to any road under its control) may, by public notice, direct that any heavy traffic, or any specified kind of heavy traffic defined in the notice, may not proceed between any 2 places by way of any road or roads specified in the notice.
2: A copy of every notice under this section must be displayed in at least 1 prominent position on every road to which the notice applies.
3: Every person commits an offence, and is liable on conviction to a fine not exceeding $1,000, who contravenes the requirements of any notice under this section unless the person proves that there was no other way reasonably available for the traffic concerned to proceed. 1962 No 135 s 70AA
16B: Interference with operation of speed measuring devices
Every person commits an offence who—
a: uses in a motor vehicle any equipment that interferes with the operation of a speed measuring device:
b: possesses in a motor vehicle any equipment that is designed to interfere with the operation of a speed measuring device.
9: Doctors and optometrists to give Agency medical reports of persons unfit to drive
Section 18(4)
10: Road controlling authorities may make certain bylaws
1: Section 22AB(1) Vehicle and road use
c: prohibiting or restricting, absolutely or conditionally, any specified class of traffic (whether heavy traffic or not), or any specified motor vehicles or class of motor vehicle that, by reason of its size or nature or the nature of the goods carried, is unsuitable for use on any road or roads:
d: in the case of Ministers of the Crown only, fixing, for the safety of the public or for the better preservation of the road, the maximum speed of vehicles or of specified classes of vehicles on any road:
e: prohibiting or restricting engine braking in any area where the permanent speed limit does not exceed 70 kilometres per hour:
f: prohibiting or restricting the use of vehicles on beaches:
g: restricting the use of motor vehicles on unformed legal roads for the purposes of protecting the environment, the road and adjoining land, and the safety of road users:
h: prescribing the use of roads and cycle tracks, and the construction of anything on, over, or under a road or cycle track: Heavy traffic
i: providing for the giving and taking of security by or from any person that no special damage will occur to any road, bridge, culvert, ferry, or ford by reason of any heavy traffic:
j: prohibiting any specified class of heavy traffic that has caused or is likely to cause serious damage to any road, unless the cost of reinstating or strengthening the road, as estimated by the Minister or the relevant road controlling authority, as the case may be, is paid previously:
k: providing for the annual or other payment of any reasonable sum by any person concerned in any heavy traffic by way of compensation for any damage likely to occur as a result of the heavy traffic to any road, bridge, culvert, ferry, or ford:
l: providing for the establishment, in accordance with section 361 of the Local Government Act 1974, of a toll to be levied on any class of heavy traffic: Parking
m: prohibiting or restricting, subject to the erection of the prescribed signs, the stopping, standing, or parking of vehicles on any road; limiting the stopping, standing, or parking of vehicles on any road to vehicles of any specified class or description; limiting the period of time that vehicles may park on any part of the road where parking is limited to such vehicles; and providing that a vehicle used for the time being for any specified purpose must be treated for the purposes of the bylaw to be of a specified class or description, whether or not the vehicle belongs to any other class or description for any other purpose:
n: prohibiting or restricting, subject to the erection of the prescribed signs, the parking of heavy motor vehicles, or any specified class or description of heavy motor vehicle, on any specified road during specified hours or for a period that exceeds a specified period:
o: prescribing the use of parking places and transport stations, which includes (but is not limited to)—
i: specifying the vehicles or classes of vehicle that may be entitled to use any parking place or transport station:
ii: reserving any specified parking place or transport station for use, either generally or at specified times, only by members of the judiciary, medical practitioners, members of the diplomatic corps or consular corps, or disabled persons as defined in section 2 of the Disabled Persons Community Welfare Act 1975:
iii: if in the relevant road controlling authority's opinion it would be reasonable to reserve parking places or transport stations for use by persons who reside in the vicinity,—
A: reserving specified parking places or transport stations for those persons to use, either generally or at specified times; and
B: setting the fees that those persons must pay to the relevant road controlling authority, whether annual or otherwise, for the use of those parking places or transport stations (provided that the fees do not exceed the reasonable cost to the relevant road controlling authority of the service involved in granting a permit to park in any parking place or transport station, collecting fees, or otherwise in relation to the reserving of any parking place or transport station):
iv: prohibiting or restricting parking (being the stopping or standing of a vehicle for a period in excess of that specified in the bylaws) on specified roads or part of roads in residential areas by specified classes of vehicles, either generally or at specified times, where in the relevant road controlling authority's opinion the parking is likely to cause a nuisance or danger:
v: prescribing the conditions under which any parking place or transport station may be used:
vi: prescribing the charges to be paid to the relevant road controlling authority in connection with the use of any parking place or transport station, as measured by parking meters or in any other manner specified in the bylaws:
vii: providing for the removal of vehicles from parking places or transport stations or roads where those vehicles are using those places or stations in breach of the bylaws, and requiring the payment of the reasonable cost of such removal: Signs and markings
p: providing that, subject to the erection of the prescribed signs, vehicles on roads must travel in 1 specified direction only:
q: prohibiting, subject to the erection of the prescribed signs, vehicles on a roadway turning from facing or travelling in 1 direction to facing or travelling in the opposite direction, or prohibiting vehicles on a road, other than vehicles of a specified class, from turning to the right or to the left:
r: prescribing, subject to the marking of lanes on the roadway, that on any road any traffic lane may be used or any turning movement may be made only by buses, taxis, or vehicles of other specified classes or vehicles carrying specified classes of loads or no fewer than a specified number of occupants: Livestock
s: prohibiting, either absolutely or conditionally, the crossing of any bridge or culvert by horses, cattle, sheep, pigs, or other animals, or vehicles and regulating the times at which or the manner in which any horses, cattle, sheep, pigs, or other animals, or vehicles, may cross or be taken over any bridge or culvert:
t: prescribing the routes by which and the times at which horses, cattle, sheep, pigs, or other animals, or specified classes of vehicles, may pass over any road:
u: prohibiting the driving of loose horses, cattle, sheep, pigs, or other animals along any road, otherwise than at the times and by the routes so prescribed, except with the permission of the Minister or of the relevant road controlling authority, as the case may be, and on the conditions that the Minister or the relevant road controlling authority, as the case may be, thinks fit:
v: prohibiting, either absolutely or conditionally, the driving of horses, cattle, sheep, pigs, or other animals along any road, and requiring that no horses, cattle, sheep, pigs, or other animals may be taken upon or enter any road unless they are confined within a motor vehicle: Displays, vegetation, and access
w: regulating the use of any means of access constructed under section 319(1) of the Local Government Act 1974:
x: requiring the owner or occupier of any area of land on which a building is situated or the owner or occupier of any building or part of a building, being land or a building or part of a building to which a number has been allocated under section 319B of the Local Government Act 1974, to display that number in a position visible from the road:
y: regulating, controlling, or prohibiting the display or continuance of the display of posters, placards, handbills, writings, pictures, or devices for advertising or other purposes on or over public buildings or bridges, or on or over buildings, walls, fences, posts, trees, pavements, or hoardings, that are situated—
i: in or on or adjoining any land or road that is the property of, or under the control of, the relevant road controlling authority; or
ii: where that display is visible from a road or public place:
z: restricting or prohibiting the planting or erection, at or within a specified distance from corners, bends, or intersections on roads, of trees, shrubs, hedges, scrub, or other growth, or of fences or walls, that, in the opinion of the relevant road controlling authority are, or are likely to constitute, a source of nuisance or danger to traffic, and requiring the trimming or cutting down of such trees, shrubs, hedges, scrub, or other growth:
za: requiring any allotment in such parts of the district as are specified in the bylaws to be fenced along its line of frontage to any road and to be kept clear of noxious plants:
zb: prohibiting the cutting of grass for seed on roads or on any specified roads without the previous consent in writing of the relevant road controlling authority, either at all times or during any specified part of the year:
zc: regulating the use of, and protecting, grass plots, flower beds, and shrubberies laid out in roads or on land vested in or under the control of the relevant road controlling authority by or under the authority of the relevant road controlling authority, and protecting trees growing on any roads or on land vested in or under the control of the relevant road controlling authority (whether or not planted by the relevant road controlling authority):
zd: regulating or prohibiting the construction of cellars or the making of excavations within a specified distance from any road or any adjoining land, and preventing cellars and excavations from becoming a receptacle for stagnant water or other impure matter: Weights
ze: providing for—
i: the weighing or measurement of vehicle loads:
ii: the computation of the weight or measurement of loads from the cubical or superficial measurements of vehicle loads:
zf: prescribing the quantity of material that, for the purpose of a computation, may be conclusively treated as a specified weight or measurement of vehicle loads from the cubical or superficial measurements of vehicle loads:
zg: providing for the drivers of vehicles to—
i: give information as to vehicle loads and as to the quantity, weight, size, or measurement of vehicle loads:
ii: do any thing for the purpose of enabling the quantity, weight, size, or measurement of the loads to be ascertained, as may be requested by any person authorised in this regard:
zh: regulating the weights of vehicles or loads that may pass over bridges or culverts: Pedlars
zi: prohibiting or permitting the occupation of stands or stalls (including vehicles used as stalls) by hawkers, pedlars, and keepers of mobile or travelling shops (subject, in the case of a State highway, to the prior consent of the Agency and to any conditions imposed by the Agency)—
i: in roads, public places, and State highways as the relevant road controlling authority thinks fit; or
ii: in specified roads or State highways or parts of specified roads or State highways; or
iii: in any public place adjoining specified roads or State highways or parts of specified roads or State highways if the presence of the stall or stand is likely to cause an obstruction or a danger to traffic:
zj: prescribing charges in respect of any permits that may be granted in relation to matters specified in paragraph (zi) General
zk: regulating any road-related matters not addressed by paragraphs (a) to (zj)
2: Section 22AB
3A: A relevant road controlling authority may, by resolution that is publicly notified, limit a parking place or transport station or any specified part of that parking place or transport station to vehicles belonging to or used by particular persons or classes of persons or to vehicles used for particular public purposes.
3B: If, under subsection (3A)
3: Section 22AB
6: In this section,— keeper mobile or travelling shop
a: means a vehicle, whether self-propelled or not, from which goods, wares, or merchandise are offered or available for sale in the road, or from which goods, wares, or merchandise may be ordered in the road (whether or not in response to any invitation) or from which services are offered for sale in the road; but
b: does not include any vehicle on or from which food is sold for consumption in or at the vehicle, or any vehicle used for the purpose of transporting and delivering goods, wares, or merchandise ordered previously parking place railway transport station 1962 No 135 s 72 ss 591A 684
11: New section 24A inserted
The following section is inserted after section 24
24A: Authorised persons may request driver licences for certain persons
1: Despite section 23, the following persons may make a written request to the Agency to create and issue a driver licence for an assumed identity:
a: the Commissioner, for the purpose of protecting a person who—
i: is a Police employee or a person who is, has been, or may be a witness in any proceedings:
ii: needs protection because of his or her relationship to a person who is, has been, or may be a witness in any proceeding:
iii: needs protection because of his or her relationship to a Police employee:
b: the Director of Security, for the purpose of protecting a person who is, has been, or will be—
i: an employee or officer of the New Zealand Security Intelligence Service; or
ii: approved by the Director of Security to undertake activities for the New Zealand Security Intelligence Service:
c: the chief executive, for the purpose of protecting a person who is, has been, or will be—
i: a fishery officer; or
ii: approved by the chief executive to undertake activities for the Ministry.
2: The Agency may create and issue a driver licence for an assumed identity if the Agency receives a request under subsection (1)﻿(a), (b), or (c)
3: New identity information is created by the Agency by omitting, amending, or adding to—
a: birth information, description information, name change information, or address information (including, if necessary, the creation of other identities to support the person's new identity information); and
b: operational or administrative information as necessary, so that it supports the information described in paragraph (a)
4: The Agency may omit, amend, or add information as necessary if the Agency receives notification that the driver licence is no longer required, or has been compromised, from—
a: the Commissioner, in relation to the driver licence created as a result of a request under subsection (1)﻿(a)
b: the Director of Security, in relation to new identity information created as a result of a request under subsection (1)﻿(b)
c: the chief executive, in relation to the driver licence created as a result of a request under subsection (1)﻿(c)
5: In this section,— chief executive fishery officer Ministry Director of Security employee officer Police employee
a: a person appointed under section 18 of the Policing Act 2008; or
b: a person—
i: who is a member of an overseas law enforcement agency that corresponds to the New Zealand Police; and
ii: whose identity is concealed for the purpose of carrying out a policing function approved by the Commissioner. 1995 No 16 s 65 .
12: Minimum age for driver licensing
1: Section 25 15 16 years
2: Section 25
2: However, a person who holds a New Zealand driver licence immediately before 1 August 2011 and is younger than 16 years may continue to hold that driver licence.
3: A person referred to in subsection (2)
13: Certain driver licences have no effect
Section 29
1: A driver licence has no effect if—
a: a person is disqualified from holding, or unqualified to hold, a driver licence:
b: the licence is invalid or is issued invalidly:
c: the licence is revoked, cancelled, superseded, or replaced:
d: the licence is for the time being suspended under any Act.
14: Driver licences are property of Agency and are to be surrendered in certain circumstances
Section 30
5: The Agency must, subject to sections 82A 105(6A)
a: issue a new driver licence to the person when the disqualification or suspension expires or is removed; or
b: in the case where a court authorises the issue of an alcohol interlock licence, issue an alcohol interlock licence to the person; or
c: in the case where a court authorises the issue of a zero alcohol licence, issue a zero alcohol licence to the person; or
d: in the case where a court authorises the issue of a limited licence, issue a limited licence to the person.
15: Interpretation
Paragraph (e)﻿(ii) of the definition of adverse decision section 30V
16: Agency may grant exemptions or approve alternative fatigue management schemes
Section 30ZA(1)﻿(c) all specified
17: New sections 30ZB and 30ZC substituted
Sections 30ZB 30ZC
30ZB: Application of subpart
1: This subpart applies if, in a cumulative work period, a driver drives a vehicle that—
a: requires a class 2, 3, 4, or 5 licence (as specified in the rules); or
b: is used in—
i: a transport service (other than a rental service); or
ii: circumstances in which that vehicle must, or ought to, be operated under a transport service licence; or
c: is used to carry goods for hire or reward.
2: Subsection (1)
a: engaged in any transport service; or
b: carrying any load or passengers.
3: Subsection (1)
a: requires a class 2 licence (as specified in the rules); and
b: is used within a 50 km radius of the vehicle's normal base of operation; and
c: is not used for hire or reward.
30ZC: Limits on work time
1: A driver subject to this subpart—
a: may not exceed the work time restrictions specified in this section, the rules, or any variation granted under section 30ZA
b: must comply with the rest time requirements specified in this section, the rules, or any variation granted under section 30ZA
2: In any cumulative work day, a driver—
a: may not exceed 13 hours of work time; and
b: must have at least 10 hours of continuous rest time.
3: In any cumulative work period, a driver may not exceed 70 hours of work time.
4: To avoid doubt, the rules may extend the limits for a cumulative work day or period for a specified activity or service.
5: This section does not apply to a driver of an ambulance service, a fire brigade, or a rural fire party who is proceeding to or returning from an incident attended in response to a priority call specified in the rules.
18: Contravention of section 5(1)﻿(c)
1: Section 32(1)﻿(b) a limited licence an alcohol interlock licence, a zero alcohol licence, or a limited licence
2: Section 32(2)﻿(a) prescribed for a driver licence or endorsement approved by the Agency
19: Contravention of section 7 or 22 involving injury or death
1: The heading to section 36 or death
2: Section 36(1)﻿(a) or the death of
3: Section 36(1)﻿(b) or death of
20: New section 36AA inserted
The following section is inserted after section 36
36AA: Contravention of section 7 by causing death of another person
1: A person commits an indictable offence if the person—
a: drives or causes to be driven a motor vehicle recklessly and by that act or omission causes the death of another person; or
b: drives or causes a motor vehicle to be driven at a speed or in a manner that, having regard to all the circumstances, is or might be dangerous to the public or to a person and, by that act or omission, causes the death of another person.
2: If a person is convicted of an offence against subsection (1)
a: the maximum penalty is imprisonment for a term not exceeding 10 years or a fine not exceeding $20,000; and
b: the court must order the person to be disqualified from holding or obtaining a driver licence for 1 year or more.
3: The imposition of a mandatory disqualification under this section is subject to section 81.
21: Contravention of section 22A
1: Section 36A
2: A person commits an indictable offence if the person commits an offence against subsection (1)﻿(a) or (c) and by that act or omission causes—
a: an injury to another person; or
b: the death of another person.
3: If a person is convicted of an indictable offence specified—
a: under subsection (2)﻿(a)
i: the person is liable to imprisonment for a term not exceeding 5 years or a fine not exceeding $20,000; and
ii: the court must order the person to be disqualified from holding or obtaining a driver licence for 1 year or more:
b: under subsection (2)﻿(b)
i: the person is liable to imprisonment for a term not exceeding 10 years or a fine not exceeding $20,000; and
ii: the court must order the person to be disqualified from holding or obtaining a driver licence for 1 year or more.
2: Section 36A
6: The imposition of a mandatory disqualification under this section is subject to section 81.
22: Overloading offences
Section 43(3) or (if no such penalty is prescribed) the appropriate penalty specified in or under the Transport Act 1962
23: Contravention of section 92(4)
Section 48
1: A person commits an offence if the person, without reasonable excuse, fails to—
a: attend a driving improvement course or dangerous goods course in accordance with section 92(4)
b: complete a driving improvement course or dangerous goods course in accordance with section 92(4)
c: pay the fee for a driving improvement course or dangerous goods course in accordance with section 92(4)
24: New section 55A inserted
The following section is inserted after section 55
55A: Offences concerning alcohol interlock devices
1: This section applies if a person tampers with, or attempts to tamper with, an alcohol interlock device, or uses an alcohol interlock device in contravention of an order made by a court under section 65A(2)
2: If this section applies,—
a: the person who holds the alcohol interlock licence to which the alcohol interlock device applies commits an offence; or
b: the person who tampered with, or attempted to tamper with, the alcohol interlock device or used the alcohol interlock device in contravention of an order made under section 65A(2)
3: It is a defence to proceedings for an offence against subsection (2)﻿(a)
a: did not tamper with, or attempt to tamper with, the alcohol interlock device or use the alcohol interlock device in contravention of an order made under section 65A(2)
b: was not involved in the commission of the offence against subsection (2)﻿(b)
4: The maximum penalty on conviction for an offence against subsection (2)﻿(a) or (b)
25: Contravention of specified breath or blood alcohol limit by person younger than 20
1: Section 57
1A: A person younger than 20 commits an infringement offence if the person drives or attempts to drive a motor vehicle on a road while the person’s breath, as ascertained by an evidential breath test subsequently undergone by the person under section 69, contains alcohol but the proportion of alcohol does not exceed 150 micrograms of alcohol per litre of breath.
2: Section 57
2A: A person younger than 20 commits an infringement offence if the person drives or attempts to drive a motor vehicle on a road while the person’s blood, as ascertained from an analysis of a blood specimen subsequently taken from the person under section 72 or 73, contains alcohol but the proportion of alcohol does not exceed 30 milligrams of alcohol per 100 millilitres of blood.
26: New section 57AA inserted
The following section is inserted after section 57
57AA: Contravention of specified breath or blood alcohol limit by holder of alcohol interlock licence or zero alcohol licence
1: A person who holds an alcohol interlock licence or a zero alcohol licence commits an
2: A person who holds an alcohol interlock licence or a zero alcohol licence commits an
3: If a person is convicted of an offence against subsection (1) or (2)
a: the maximum penalty is imprisonment for a term not exceeding 3 months or a fine not exceeding $2,250; and
b: the court must order the person to be disqualified from holding or obtaining a driver licence for 3 months or more.
4: A person who holds an alcohol interlock licence or a zero alcohol licence commits an
5: A person who holds an alcohol interlock licence or a zero alcohol licence commits an
6: If a person is convicted of an offence against subsection (4) or (5)
a: the maximum penalty is imprisonment for a term not exceeding 2 years or a fine not exceeding $6,000; and
b: the court must order the person to be disqualified from holding or obtaining a driver licence for 1 year or more.
7: The imposition of a mandatory disqualification under this section is subject to section 81. Section 26 amended 1 July 2013 section 413 Criminal Procedure Act 2011
27: Person in charge of motor vehicle causing injury or death
1: Section 61(2) ; or
c: if—
i: the person does not complete a compulsory impairment test in a manner satisfactory to an enforcement officer, who is trained to give the test, when required to do so by an enforcement officer under section 71A; and
ii: 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.
2: Section 61(2A) or (2)﻿(c) subsection (2)﻿(b)
3: Section 61(3) or subsection (2) or (2) that causes bodily injury to another person
4: Section 61
3AA: If a person is convicted of an offence against subsection (1) or (2) that causes the death of another person,—
a: the maximum penalty is imprisonment for a term not exceeding 10 years or a fine not exceeding $20,000; and
b: the court must order the person to be disqualified from holding or obtaining a driver licence for 1 year or more in the case of a first or second offence against this section or section 56(1) or (2), 58(1), or 60(1).
5: Section 61
3C: For the purposes of this section, a conviction for an offence against a provision of the Transport Act 1962 corresponding to an offence specified in subsection (3A) is to be treated as a conviction for an offence specified in that subsection.
28: Defences
Section 64
3: In any proceedings against any person for an offence against section 52(1)﻿(c) arising out of circumstances in which an enforcement officer exercised powers under section 121(2) and in respect of which a breath screening test or an evidential breath test or a blood test was undergone by the person, it is no defence that—
a: the breath screening test or evidential breath test indicated that,—
i: in the case of a person apparently younger than 20, the person’s breath did not contain alcohol; or
ii: in the case of a person who holds an alcohol interlock licence or a zero alcohol licence, the person's breath did not contain alcohol; or
iii: in any other case, the proportion of alcohol in the person’s breath did not exceed 400 micrograms of alcohol per litre of breath; or
b: any evidence given in respect of the results of a blood test indicates that,—
i: in the case of a person apparently younger than 20, the person’s blood did not contain alcohol; or
ii: in the case of a person who holds an alcohol interlock licence or a zero alcohol licence, the person's blood did not contain alcohol; or
iii: in any other case, the proportion of alcohol in the person’s blood did not exceed 80 milligrams of alcohol per 100 millilitres of blood.
29: Mandatory penalties for repeat offences involving use of alcohol or drugs
1: The heading above section 65 and certain first time offences
2: Section 65
2: A court must make an order requiring a person to attend an assessment centre and disqualifying the person from holding or obtaining a driver licence until the Agency removes that disqualification under section 100 if—
a: the court convicts that person of a second or subsequent offence against any of sections 56 to 62; and
b: the previous offence was committed within 5 years of the date of the commission of the offence being dealt with by the court.
3: Section 65(3) The Despite subsection (2)
30: New sections 65A and 65B inserted
The following sections are inserted after section 65
65A: Alcohol interlock requirements for repeat offences or certain first time offences involving use of alcohol
1: This section applies if—
a: a court convicts a person of an offence involving the use of alcohol against any of sections 56(1), 56(2), 57(1), 57(2), 58(1)﻿(a), 60(1)﻿(a) to (c), 61(1), 61(2), and 62(1)﻿(a); and
b: either—
i: the person convicted has previously been convicted of such an offence committed within 5 years of the date of the commission of the offence being dealt with by the court; or
ii: the offence for which the person is convicted under paragraph (a)
A: the proportion of alcohol in the person’s breath, as ascertained by an evidential breath test subsequently undergone by the person under section 69, is 800 micrograms of alcohol per litre of breath or higher:
B: the proportion of alcohol in the person’s blood, as ascertained from an analysis of a blood specimen subsequently taken from the person under section 72 or 73, is 160 milligrams of alcohol per 100 millilitres of blood or higher.
2: If this section applies, the court must, if the court imposes a sentence for an alcohol interlock licence disqualification,—
a: disqualify the person from holding any driver licence for a period of 3 months; and
b: make an order that—
i: authorises the person to apply for an alcohol interlock licence at the end of the 3-month disqualification period; and
ii: requires the person, while holding an alcohol interlock licence, to—
A: drive only a vehicle or vehicles to which an alcohol interlock device is fitted; and
B: apply for a zero alcohol licence, which the Agency may issue only on successful completion of the criteria specified in subparagraph (iv)
iii: provides that the person may apply for any other driver licence (including, but not limited to, a limited licence) only if the person has obtained, and has satisfied the requirements of, the alcohol interlock licence; and
iv: provides that the alcohol interlock device in the person's vehicle may be removed only if the person—
A: has held the alcohol interlock licence for at least 12 months; and
B: has not violated any of the requirements of the alcohol interlock licence during the 6-month period preceding the date on which the alcohol interlock device is removed, or has completed an assessment and has not violated any of the requirements of the alcohol interlock licence during the 3-month period preceding the date on which the alcohol interlock device is removed; and
v: ends the person's disqualification under section 65, if the person was disqualified under section 65.
3: The imposition of a mandatory disqualification under this section is subject to section 81.
4: A person who is subject to an order under subsection (2)
65B: Mandatory zero alcohol requirements for repeat offences involving use of alcohol
1: This section applies if—
a: a court convicts a person of an offence against any of sections 56(1), 56(2), 57(1), 57(2), 57AA
b: the person convicted has previously been convicted of such an offence committed within 5 years of the date of the commission of the offence being dealt with by the court.
2: If this section applies, the court must make an order authorising the person to apply for a zero alcohol licence that has effect for a period of 3 years from the issue of the licence.
3: A person authorised under subsection (2)
a: in the case of a person who is subject to 1 or more orders of disqualification, no earlier than the day after the end of the last period of disqualification to which the person is subject; or
b: in the case of a person who is subject to an order made under section 65A(2)﻿(b) section 100A(1)
4: A person who is subject to an order under subsection (2)
31: Blood test fee
Section 67(1) sections 56(2), 57(2), 57A, sections 56(2), 57(2), 57A, 57AA
32: Who must undergo evidential breath test
1: Section 69(1) if if,
2: Section 69(1)
a: in the case of a person who holds an alcohol interlock licence or a zero alcohol licence, the person has undergone a breath screening test under section 68 and it appears to the officer that the breath of the person who underwent the test contains alcohol; or
aa: in the case of a person who is apparently younger than 20, the person has undergone a breath screening test under section 68 and it appears to the officer that the breath of the person who underwent the test contains alcohol; or
ab: in the case of any other person, the person has undergone a breath screening test under section 68 and it appears to the officer that the proportion of alcohol in the breath of the person who underwent the test exceeds 400 micrograms of alcohol per litre of breath; or .
3: Section 69(1)﻿(b)
33: Who must give blood specimen at places other than hospital or surgery
1: Section 72(4) to be divided into 2 parts in accordance with section 74(1) for the purposes of the relevant blood specimen collecting procedure
2: Section 72(4)﻿(a) to so to do so
34: Who must give blood specimen in hospital or surgery
1: Section 73(3)﻿(a) take a blood specimen or may
2: Section 73(4) to be divided into 2 parts in accordance with section 74(1) for the purposes of the relevant blood specimen collecting procedure
3: Section 73(5) subsection (3)﻿(b) subsection (3)
4: Section 73(7) analyst laboratory
35: Procedure for dealing with blood specimens
1: Section 74
1: A blood specimen taken under section 72 or 73 must be dealt with in accordance with the relevant blood specimen collecting procedure.
2: Section 74(3) both parts of the blood specimen to an approved analyst for the analysis of 1 of those parts and the custody of the other the blood specimen to an approved laboratory for its analysis and custody in accordance with the relevant blood specimen collecting procedure
3: Section 74(4)﻿(a) both parts of the blood specimen to an approved analyst for the analysis of 1 of those parts and the custody of the other the blood specimen to an approved laboratory for its analysis and custody in accordance with the relevant blood specimen collecting procedure
4: Section 74(4)﻿(b) give if, at the time the blood specimen is taken, there is more than 1 approved laboratory, give
5: Section 74(4)﻿(b)
i: identifying the approved laboratory to whom the blood specimen was (or is being) delivered or posted; and .
6: Section 74(5)﻿(b)﻿(i) analyst laboratory
7: Section 74(5)﻿(b)
ii: that laboratory must send by registered post, personal delivery, or delivery by courier the blood specimen, held for the purpose, to the private analyst specified in the application.
8: Section 74(6) analyst laboratory
9: Section 74(8) analyst laboratory
36: Certificates in blood alcohol proceedings
1: Section 75
2: This section applies to a certificate purporting to be signed by a medical practitioner or medical officer and certifying that—
a: a specimen of venous blood was taken by the practitioner or medical officer in accordance with the blood specimen collecting procedure specified in the certificate from a person named in the certificate; and
b: for the purposes of the specified blood specimen collecting procedure,—
i: the specimen was sufficient; or
ii: the specimen was insufficient and the practitioner or medical officer took a further specimen; and
c: in accordance with the specified blood specimen collecting procedure, the practitioner or medical officer kept the specimen in the appropriate container or containers (as applicable); and
d: each such container was received by the practitioner or medical officer in a sealed blood specimen collecting kit; and
e: the practitioner or medical officer handed each such container to an enforcement officer named in the certificate.
2: Section 75(3)
c: the practitioner has reasonable grounds to suspect that the person is in the hospital or doctor’s surgery as a result of—
i: an accident or incident involving a motor vehicle:
ii: an injury or a medical condition arising subsequent to an accident or incident involving a motor vehicle; and .
3: Section 75(4)﻿(b) both parts of the specimen (or both specimens) to a specified approved analyst the specimen to a specified approved laboratory
4: Section 75(4)
c: that, if at the time the blood specimen was taken more than 1 approved laboratory exists, the practitioner or medical officer has notified the Commissioner in writing of the approved laboratory to which the specimen was delivered or posted.
5: Section 75(5)﻿(a) bottle container
6: Section 75(6) a part of
37: Presumptions relating to blood specimens
Section 76(1)﻿(c) bottle container
38: Presumptions relating to alcohol-testing
Section 77(3)﻿(a)﻿(ii) older older, or holds an alcohol interlock licence or a zero alcohol licence,
39: Circumstances in which certificate not admissible in proceedings
1: Section 79(2)﻿(a) 1 part of
2: Section 79(2)﻿(b) that part of
3: Section 79(3) 1 part of
4: Section 79(3)﻿(b) the part of
5: Section 79(4)﻿(c)
i: in the case of a defendant who (at the time of the commission of the offence) was younger than 20 or held an alcohol interlock licence or a zero alcohol licence, no alcohol; or .
40: Failure to keep or produce records or comply with conditions of exemption or approval
1: Section 79N(a) a vehicle any vehicle
2: Section 79N(a)﻿(i) ; and ; or
3: Section 79N(a)﻿(ii) ; and ; or
41: Failure to comply with prescribed work time restrictions or rest time requirements
1: Section 79O(a)﻿(i) a vehicle any vehicle
2: Section 79O(a)﻿(i)﻿(A) ; and ; or
3: Section 79O(a)﻿(i)﻿(B) ; and ; or
4: Section 79O(b) a vehicle any vehicle
5: Section 79O(b)﻿(i) ; and ; or
6: Section 79O(b)﻿(ii) ; and ; or
7: Section 79O(c) a vehicle any vehicle
8: Section 79O(c)﻿(i) ; and ; or
9: Section 79O(c)﻿(ii) ; and ; or
42: Defences to work time offences
Section 79P
3: It is not a defence in any proceedings for an offence against section 79O that a continuous period of rest time of at least 10 hours was taken before the commencement of the work time to which the relevant cumulative work day relates.
4: It is not a defence in any proceedings for an offence against section 79O that a continuous period of rest time of at least 24 hours was taken before the commencement of the first cumulative work day to which the relevant cumulative work period relates.
43: New section 79PA inserted
The following section is inserted after section 79P
79PA: Matters to be taken into account in imposing penalty for offence against section 79O
In determining the penalty to be imposed for an offence against section 79O, the court must take into account each of the following:
a: the cumulative effect of abbreviated, broken, or omitted periods of rest time:
b: the accumulated hours of work time:
c: the degree of risk to the public.
44: Failure to discharge duties regarding logbooks
1: Section 79Q(a) a vehicle any vehicle
2: Section 79Q(a)﻿(i) ; and ; or
3: Section 79Q(a)﻿(ii) ; and ; or
45: Offences and proceedings concerning logbooks
1: Section 79R(4)﻿(a) a vehicle any vehicle
2: Section 79R(4)﻿(a)﻿(i) ; and ; or
3: Section 79R(4)﻿(a)﻿(ii) ; and ; or
46: New section 79V inserted
The following section is inserted after section 79U
79V: Search warrants in relation to offences against section 79T or 79U
Even though offences under section 79T or 79U are not punishable by imprisonment, a court may issue a search warrant under section 198 of the Summary Proceedings Act 1957 in relation to an incident giving rise to an offence under section 79T or 79U if a constable believes on reasonable grounds that a person has committed an offence against section 79T or 79U.
47: Effect of disqualification
Section 82(3)
48: New sections 82A to 82C inserted
1: The following sections are inserted after section 82
82A: Application for reinstatement if suspended for any period (other than under section 95), or disqualified for period not exceeding 12 months
1: This section applies to a person if—
a: the person’s driver licence is suspended for any period (other than under section 95); or
b: the person’s disqualification does not exceed 12 months.
2: If this section applies, a person’s driver licence remains of no effect when the period of suspension or disqualification ends until—
a: the person applies to the Agency to have the licence reinstated; and
b: the Agency reinstates, if permitted by the regulations or the rules, the person’s licence in accordance with the regulations and the rules.
82B: Transitional provision concerning application of section 82A
To avoid doubt, section 82A
2: The following section is inserted in its appropriate order:
82C: Application for reinstatement following expiry of alcohol interlock licence or zero alcohol licence
1: This section applies to a person whose alcohol interlock licence or zero alcohol licence (as the case may be) has expired.
2: If this section applies, a person’s driver licence remains of no effect when the alcohol interlock licence or zero alcohol licence expires until—
a: the person applies to the Agency to have the licence reinstated; and
b: the Agency reinstates, if permitted by the regulations or the rules, the person’s licence in accordance with the regulations and the rules.
49: New licence or endorsement to be issued if disqualified driver qualifies for specified vehicle classes
1: The heading to section 84 or endorsement
2: Section 84(1)﻿(a) section 83(1) section 82A
3: Section 84
2: If this section applies, then the Agency must issue a new licence to that person to authorise that person to drive the relevant class of motor vehicle and all lower classes of motor vehicles for which that person held a licence immediately before he or she was disqualified.
50: Particulars of court orders relating to disqualification to be sent to Agency and offender
1: The heading to section 87 court orders relating to disqualification certain court orders
2: Section 87
1: This section applies to the following orders:
a: an order disqualifying a person from holding or obtaining a driver licence:
b: an order under section 65A(2)﻿(b)﻿(i)
c: an order under section 65B(2)
d: an order under section 99 (reducing a disqualification):
e: an order under section 105 (authorising the issue of a limited licence).
2: If a court makes an order to which this section applies, the Registrar of the court must notify the Agency and the offender in writing of the particulars of the order.
51: Immediate suspension of transport service driver and other persons in interests of public safety
Section 87D(1) immediately concerned,
52: New section 87E substituted
Section 87E
87E: Procedure for suspending persons under section 87D
1: If the Agency suspends a person under section 87D, the notice must—
a: inform the person of the grounds of the suspension; and
b: advise the person that—
i: the suspension has effect from the day on which the notice was received by the person, or any later date that is specified in the notice; and
ii: the person may make submissions on the matter to the Agency and notify the person of the right of appeal under section 106.
2: The Agency must, as soon as practicable, consider any submissions on the matter made by the person and notify the person of the result of the consideration.
53: New sections 90 and 90A substituted
1: Section 90
90: Suspension of licence or disqualification from driving under demerit points system
1: If, in any 2-year period, a person has accumulated a total of 100 or more demerit points, the Agency must give notice in writing advising the person that—
a: the person has accumulated 100 or more demerit points; and
b: the penalty specified in subsection (3) or (5)
2: The notice given under subsection (1)
a: the Agency; or
b: a person approved for the purpose by the Agency; or
c: an enforcement officer.
3: If the person holds a current driver licence, the effect of a notice given under subsection (1)
a: is suspended for a period of 3 months or, if longer than 3 months, the period calculated under section 90A
b: remains of no effect when the period of suspension ends until the person applies to the Agency to have the licence reinstated and the Agency reinstates the licence.
4: A person whose driver licence has been suspended under subsection (3)
5: If the person does not hold a current driver licence, the person is disqualified from holding or obtaining a driver licence for a period of 3 months or, if longer than 3 months, the period calculated under section 90A
6: A suspension or disqualification under this section begins on the date specified in the notice, which may not be earlier than the date on which the notice is served on the person.
2: Section 53(2) repealed 11 August 2017 section 103(2) Land Transport Amendment Act 2017
54: Cancellation and reinstatement of demerit points
Section 91
2: If a suspension under section 90 section 90 section 90A(1)
55: Compulsory attendance at driving improvement course or dangerous goods course
Section 92
4: A person who has been ordered under subsection (1) or (2) to attend a course must,—
a: within 21 days after being required to do so, pay to the person in charge of the course the fee usually charged for that course; and
b: within 90 days after being required to do so, complete the course; and
c: if the person has successfully completed the course, provide the court with evidence that verifies that the person has successfully completed the course.
5: Despite subsection (4)﻿(b)
a: grant an extension as the court considers appropriate in the circumstances; or
b: suspend or cancel the order requiring the person to complete the course.
56: Court may order compulsory driving test
1: Section 93(1) prescribed for a driver licence or endorsement approved by the Agency
2: Section 93(4) prescribed approved
3: Section 93(5) prescribed approved
4: Section 93(6) prescribed approved
57: Mandatory 28-day suspension of driver licence in certain circumstances
1: Section 95(1)﻿(a)﻿(i) 57A, 56(1) or (2),
2: Section 95(1)﻿(a)﻿(ii)﻿(B) ; and ; or
3: Section 95
9: For the purposes of this section, driver licence
58: New section 95A inserted
The following section is inserted after section 95
95A: Extension of 28-day suspension period of driver licence under section 95
1: A Police employee holding the office of constable and who is of or above the position of inspector may, after giving notice in writing to the person whose driver licence has been suspended, apply to a District Court Judge for an order extending the 28-day suspension period referred to in section 95(2)﻿(b).
2: An application must specify the circumstances that make it necessary to extend the 28-day suspension period.
3: The maximum number of applications that may be made under this section in respect of a suspended driver licence is 3.
4: A District Court may order that the driver licence be suspended for a further period not exceeding 28 days.
5: A person whose driver licence has been suspended for a further period not exceeding 28 days by an order made under subsection (4)
6: The High Court may confirm, reverse, or modify the order appealed against.
7: Every order appealed against under this section continues in force pending the determination of the appeal, and no person is excused from complying with any of the provisions of this Act on the ground that any appeal is pending.
59: Vehicle seized and impounded for 28 days in certain circumstances
1: Section 96(1)
ba: in the case of a person who is the holder of an alcohol interlock licence, the person operated that vehicle contrary to the conditions of that licence; or .
2: Section 96(1)﻿(d)
ii: had received convictions for 2 or more previous offences against any of sections 56(1) or (2), 57, 57AA
60: Impoundment of vehicle used in transport service
Section 96A
61: Storage of impounded vehicles
Section 97
2A: For the purposes of subsection (2), owner
62: Release of vehicle after 28 days
1: The second subsection (7) in section 98 subsections (1) to (6) subsections (1) to (8)
2: Section 98
a: the second subsection (6) as subsection (7); and
b: the first subsection (7) as subsection (8); and
c: the second subsection (7) as subsection (9).
63: New section 100A inserted
The following section is inserted after section 100
100A: Agency to remove alcohol interlock requirements
1: If orders have been made under section 65A(2) applicant
a: both of the following:
i: a report from a medical practitioner attached to an assessment centre that is made available to the Agency by the applicant or the assessment centre; and
ii: the applicant establishing to the satisfaction of the Agency that the applicant has complied with every requirement imposed by those orders, and by this Act or the rules or regulations made under this Act in relation to those orders, for a period of at least 3 months immediately before the applicant applied to have the requirements relating to the orders made under section 65A(2)
b: the applicant establishing to the satisfaction of the Agency that the applicant has complied with every requirement imposed by those orders, and by this Act or the rules or regulations made under this Act in relation to those orders, for a period of at least 6 months immediately before the applicant applied to have the requirements relating to the orders made under section 65A(2)
2: If the Agency makes an order under subsection (1) section 65A(2)
3: No order may be made under subsection (1)
4: If the Agency decides not to remove the requirements imposed by the orders made under section 65A(2)
64: Persons who may apply to court for limited licence
Section 103(2)
e: a person who—
i: is subject to the requirements of an alcohol interlock licence; or
ii: is subject to an order under section 65A
65: Issue of limited licence to be delayed or prohibited in certain cases
Section 104(2) or endorsement driver licence
66: Court may make order authorising grant of limited licence
1: Section 105(2)
ab: the applicant meets the criteria specified in sections 103 and 104; and .
2: Section 105(6) If Subject to subsection (6A) section 30(5)
3: Section 105
6A: If, after the court makes an order under this section, the Agency becomes aware that the applicant is not entitled to apply for or be granted a limited licence in accordance with sections 103 and 104, the Agency may—
a: decline to issue the limited licence; and
b: refer the applicant to the right of appeal under section 106.
67: Enforcement officers may enforce transport legislation
Section 113(1)﻿(a) the Transport Act 1962,
68: Enforcement officers may give directions prohibiting driving of vehicles
1: Section 115(1)﻿(a) Agency Minister
2: Section 115(1)﻿(b) Agency Minister
3: Section 115(3)﻿(a) Agency Minister
4: Section 115(6) Agency Minister
69: Powers of entry
Section 119(3)﻿(d) subparagraph (c) (c)
70: Enforcement officer may immobilise vehicle, etc, if driver incapable of proper control of vehicle
The heading to section 121 if driver incapable of proper control of vehicle in specified circumstances
71: New sections 128D and 128E inserted
The following sections are inserted after section 128C
128D: Appointment of parking wardens
1: A local authority may appoint a person to hold the office of parking warden.
2: A person who holds the office of parking warden at the commencement of this section is to be treated as having been appointed under subsection (1)
3: A parking warden may perform the functions and duties, and exercise the powers, of a parking warden that are conferred or imposed by or under this or any other Act only on a road within the district or region of the local authority that appointed the parking warden.
4: A local authority that appoints a person under subsection (1)
a: that person were an officer or employee of the local authority (whether or not that is the case); and
b: any directions given or control exercised by any other person over the parking warden in that capacity were directions given or control exercised by the local authority.
128E: Powers of parking wardens
1: A parking warden in uniform or in possession of a warrant or other evidence of authority as a parking warden—
a: may enforce the provisions of any stationary vehicle offence or special vehicle lane offence:
b: may, in relation to enforcing the provisions of any stationary vehicle offence or special vehicle lane offence, direct any person on any road, and apparently in charge of or in any vehicle, to—
i: provide the person's name and address and give any other particulars required as to the person's identity:
ii: give any information that is within the person's knowledge and that may lead to the identification of the driver or person in charge of any vehicle:
c: may direct the driver or person in charge of any vehicle on any road to remove the vehicle from the road or any specified part of any road, if the parking warden believes on reasonable grounds that—
i: the vehicle causes an obstruction in the road or to any vehicle entrance to any property; or
ii: the removal of the vehicle is desirable in the interests of road safety or for the convenience or in the interests of the public:
d: may, if the parking warden believes on reasonable grounds that a vehicle on a road causes an obstruction in the road or to any vehicle entrance to any property or that the removal of the vehicle is desirable in the interests of road safety or for the convenience or in the interests of the public,—
i: enter, or authorise another person to enter, the vehicle for the purpose of moving it or preparing it for movement; and
ii: move, or authorise another person to move, the vehicle to any place where it does not constitute a traffic hazard.
2: Every person commits an offence and is liable to a fine not exceeding $1,000 who—
a: fails to comply with any direction given under subsection (1)﻿(b)
b: gives, in response to a direction given under subsection (1)﻿(b)
3: Every person to whom any direction is given under the authority of subsection (1) subsection (1)
4: A person who is authorised by a parking warden to enter a vehicle for the purpose of moving it or preparing it for movement or to move a vehicle to a place where it does not constitute a traffic hazard may do so, but must do everything reasonably necessary to ensure that the vehicle is not damaged while doing so.
5: Every person commits an offence and is liable for a fine not exceeding $1,000 if the person—
a: has possession of a vehicle as a result of its being moved under subsection (1)﻿(d)
b: fails to deliver possession of the vehicle, as soon as practicable, to a person who produces satisfactory evidence, at any reasonable time, to the effect that the person was lawfully entitled to possession of the vehicle immediately before it was moved.
72: Owner liability for moving vehicle offences
1: The heading to section 133 and special vehicle lane offences
2: Section 133(1) or a special vehicle lane offence vehicle offence
3: Section 133(2) it is to be conclusively presumed that in the absence of proof to the contrary, it must be presumed that
4: Section 133(2)﻿(a) accordingly
5: Section 133(3) or a special vehicle lane offence vehicle offence
6: Section 133(5) or a special vehicle lane offence offence
73: New section 133A inserted
The following section is inserted after section 133
133A: Owner liability for stationary vehicle offences
1: Proceedings for a stationary vehicle offence may be taken against 1 or more of the following persons (whether or not, in the case of a person referred to in paragraph (b) or (c)
a: the person who allegedly committed the offence:
b: the person who, at the time of the alleged offence,—
i: was registered as the owner, or one of the owners, of the vehicle involved in the offence in a register kept under section 18 of the Transport (Vehicle and Driver Registration and Licensing) Act 1986; or
ii: was the registered person in respect of the vehicle under Part 17 of this Act:
c: the person who, at the time of the alleged offence, was lawfully entitled to possession of the vehicle involved in the offence (whether or not jointly with any other person).
2: Subject to subsection (4) subsection (1)﻿(b) or (c)
a: the person was the driver, person in charge, and user of the vehicle at the time of the alleged offence (whether or not the person is an individual); and
b: the acts or omissions of the driver, person in charge, or user of the vehicle at that time were the acts or omissions of the first-mentioned person.
3: It is a defence to proceedings taken against a person for a stationary vehicle offence if the person proves that another person has, by virtue of an order under the Summary Proceedings Act 1957, become liable to pay a fine or costs, or both, in respect of the offence.
4: It is a defence to proceedings taken against a person under subsection (1)﻿(b) or (c)
a: the person proves that, at the time the alleged offence was committed,—
i: he or she was not lawfully entitled to possession of the vehicle (either jointly with any other person or individually); or
ii: another person was unlawfully in charge of the vehicle; and
b: as soon as practicable after becoming aware of the alleged offence, he or she advised the enforcement authority in writing that, at the time the offence was committed, he or she was not lawfully entitled to possession of the vehicle or another person unlawfully had charge of the vehicle, as the case may be; and
c: he or she has done everything reasonably possible on his or her part to comply with all requests of the enforcement authority to supply to the enforcement authority information regarding the person lawfully entitled to possession, or the person who was in charge, of the vehicle at the time of the alleged offence.
5: In the case of any stationary vehicle offence, any defence available under subsection (3) or (4) 1962 No 135 s 41A .
74: Time for instituting proceedings
1: Section 136(3)
a: an offence against—
i: section 32 that involves driving while disqualified or contrary to the conditions of a licence, an alcohol interlock licence, a zero alcohol licence, or a limited licence; or
ii: section 44 that involves giving information that the person knows to be false or misleading; or .
2: Section 136(3)﻿(b)
iia: the chain of responsibility under Part 6C; or .
75: Issue of infringement notice
Section 139
6: If a parking warden has reason to believe that the user of a vehicle has committed an infringement offence that may be enforced by a parking warden under section 128E
a: the user of the vehicle may be proceeded against for the alleged offence under the Summary Proceedings Act 1957; or
b: the parking warden may issue an infringement notice in respect of the alleged offence.
7: For the purposes of any proceedings in respect of an infringement offence that is an offence against a bylaw made under section 9(1)﻿(e) or (g) of the Airport Authorities Act 1966, enforcement officer
76: New section 139A inserted
The following section is inserted after section 139
139A: Towage fees if parking offences prosecuted
1: The court must order the defendant to pay, in addition to any fine and any costs ordered by the court, the amount of the appropriate towage fee if, in proceedings in respect of a parking offence,—
a: the defendant is found guilty of, or pleads guilty to, the offence; and
b: the court is satisfied that expenses have been incurred by an enforcement authority in respect of the movement or proposed movement of the vehicle involved in the offence (whether or not the vehicle was in fact moved).
2: If, in proceedings in respect of a parking offence (including proceedings commenced by the filing of a copy of a reminder notice under section 21(5) of the Summary Proceedings Act 1957 or the provision of particulars of a reminder notice under section 21 of that Act), the defendant is ordered to pay an amount in respect of a towage fee, the amount of the fee recovered must be paid to the enforcement authority that incurred the towage expenses. 1962 No 135 s 43A .
77: New section 141 substituted
Section 141
141: Provisions relating to infringement fees
1: The infringement fee payable in respect of an infringement offence is the appropriate infringement fee prescribed in respect of the relevant offence by or under this Act.
2: If an infringement fee is paid to an enforcement authority other than the Police, the enforcement authority must give the Commissioner the particulars of the infringement and of the payment that the Commissioner requires.
3: Subject to subsections (4) and (5)
4: An enforcement authority that is the Agency or a local authority may retain the portion of the infringement fees received by it under this Act—
a: that the Minister of Finance from time to time approves; and
b: that is received in respect of an infringement offence in relation to the use of a special vehicle lane.
5: An enforcement authority that is a road controlling authority may retain—
a: all infringement fees that it receives in respect of offences that involve—
i: parking in breach of a bylaw of the road controlling authority on any portion of a road where parking is for the time being governed by the location of parking meters placed pursuant to a bylaw of the road controlling authority; or
ii: parking on any other portion of a road in breach of a bylaw of the road controlling authority that prohibits parking for a period in excess of the period fixed by the bylaw where the infringement notice in respect of the offence was issued by an officer or other person appointed by the road controlling authority; and
b: all towage fees received by it; and
c: the portion of all other infringement fees received by it that the Minister of Finance from time to time approves.
6: The Commissioner must from time to time, out of money appropriated by Parliament for the purpose, pay to a road controlling authority the portions of the infringement fees (other than towage fees) that the Minister of Finance from time to time approves and that the Commissioner receives in respect of other offences that involve breaches of the road controlling authority's bylaws (not being offences that are also offences against an Act or a regulation).
7: For the purposes of subsections (4) and (5)
8: For the purposes of this section, road controlling authority
78: Evidence and proof
1: Section 145A(b) any officer of the Agency authorised for that purpose by the Agency an officer of the Agency or a Police employee
2: Section 145A(c) an officer of the Agency authorised for that purpose by the Agency an officer of the Agency or a Police employee
3: Section 145A(d) an officer of the Agency authorised by the Agency an officer of the Agency or a Police employee
79: Evidence of certain documents
Section 150
1: In proceedings for an offence against this Act,—
a: a document that purports to be issued by an employee of the Agency who is authorised by the Agency for the purpose, and that is certified by that person to be a true copy of a certificate or other document issued under this Act or the regulations or the rules, is (in the absence of evidence to the contrary) sufficient evidence of the facts stated in the copy:
b: a document that is certified by an employee of the Agency authorised by the Agency for the purpose to be a true copy of a person's demerit points record, including any attempts by the employee to notify the person under section 90(1), is (in the absence of evidence to the contrary) sufficient evidence of the facts stated in the copy:
c: a scanned copy of a document specified in paragraph (a) or (b)
80: Evidence of rules
Section 151(a) or the Governor-General Minister
81: New section 152A inserted
The following section is inserted after section 152
152A: Governor-General may make ordinary rules
1: Despite anything in this Part, the Governor-General may, by Order in Council, on the recommendation of the Minister, make, amend, or revoke an ordinary rule for any of the purposes for which the Minister may make, amend, or revoke an ordinary rule under this Part.
2: The Minister must have regard to the criteria specified in section 164(2) before making a recommendation under subsection (1)
3: Section 161(1)﻿(a) and (2) do not apply to an ordinary rule made by Order in Council under subsection (1)
4: An ordinary rule or an amendment to an ordinary rule made by Order in Council under subsection (1)
5: The Minister may amend or revoke an ordinary rule or an amendment to an ordinary rule made by Order in Council under subsection (1)
6: An Order in Council made under subsection (1)
a: is a regulation or an instrument for the purposes of the Regulations (Disallowance) Act 1989; but
b: is not a regulation or an instrument for the purposes of the Acts and Regulations Publication Act 1989. 1990 No 98 s 34A .
82: Rules concerning licensing, standard-setting, etc
Section 158(b)
vii: set out the categories of performance for transport service operators and approved taxi organisations; and
viia: specify the publication requirements for the performance levels for the categories of performance; and
viib: provide the means for assessing and re-assessing levels of performance; and
viic: provide incentives and rewards for transport service operators and approved taxi organisations that meet specified levels of performance: .
83: Procedure concerning ordinary rules
1: Section 161(2)
a: publish a notice of his or her intention to make the rule; and .
2: Section 161(3) by the Agency
3: Section 161(4)
84: Agency may make emergency rules
Section 162(2) , or recommend that ordinary rules be made, ordinary rules
85: Matters to be taken into account in making rules
1: The heading to section 164 be taken into account in making rules have regard to when making or recommending rules
2: Section 164(1)
3: Section 164(2) In making a rule, the Minister or the Agency (as the case may be) must have regard to, and give such weight as the Agency The Minister in making or recommending a rule, or the Agency in making a rule, must have regard to, and give such weight as the Minister or the Agency (as the case may be)
4: Section 164(2)
eb: New Zealand's international obligations concerning land transport safety: .
86: New section 165 substituted
Section 165
165: Incorporation by reference
1: The following, whether in written or electronic form, may be incorporated by reference in a rule made by the Minister, the Governor-General, or the Agency:
a: standards, requirements, or recommended practices of another State or an international organisation:
b: standards, requirements, or rules of the New Zealand Standards Association, or a body or organisation outside New Zealand that has functions corresponding to the functions of the New Zealand Standards Council:
c: material formulated by a specialist public sector organisation or a specialist private sector organisation:
d: any other material or document that, in the opinion of the Minister or the Agency, is too large or impractical to be printed as part of the rule.
2: Material may be incorporated by reference in a rule—
a: in whole or in part; and
b: with modifications, additions, or variations specified in the rule.
3: A copy of any material incorporated by reference in rules, including any amendment to, or replacement of, the material, must be—
a: certified as a correct copy of the material by the Minister or the Agency (as the case may be); and
b: retained by the Agency.
4: Any material incorporated in a rule by reference under subsection (1)
5: The Agency must give notice on the Agency's Internet site stating—
a: that the material is incorporated in the rule and the date on which the rule was made; and
b: that the material is available for inspection during working hours, free of charge; and
c: the place where the material can be inspected; and
d: that copies of the material can be purchased; and
e: the place where the material can be purchased; and
f: if copies of the material are available in other ways, the details of where or how the material can be accessed or obtained.
6: All material incorporated by reference under subsection (1) or (2)
7: The Acts and Regulations Publication Act 1989 does not apply to material incorporated by reference in a rule or to an amendment to, or a replacement of, that material.
8: Nothing in section 4 of the Regulations (Disallowance) Act 1989 requires material that is incorporated by reference in a rule to be presented to the House of Representatives.
9: Subsections (1) to (8) 1990 No 98 s 36 .
87: Regulations
1: Section 167(1)
i: declaring which offences against any rules, regulations, or bylaws made under this Act or the Transport (Vehicle and Driver Registration and Licensing) Act 1986 are—
i: moving vehicle offences:
ii: stationary vehicle offences:
iii: special vehicle lane offences:
ia: specifying the criteria that—
i: a person must meet to install or remove an alcohol interlock device:
ii: a person with an alcohol interlock licence must meet to apply for the removal of an alcohol interlock device from the person's vehicle:
ib: specifying the circumstances in which the Agency may authorise the removal of an alcohol interlock device, whether or not the relevant person has met any criteria specified under paragraph (ia)﻿(ii) .
2: Section 167(2)﻿(a)﻿(iv) or contrary to an alcohol interlock licence or a zero alcohol licence limited licence
88: Regulations relating to fees and charges for land transport
Section 168(1)﻿(a) the Transport Act 1962,
89: New section 168C inserted
The following section is inserted after section 168B
168C: Piloting fees
1: In any case where the Agency gives written permission under any regulations made under this Part for the use on any road of any motor vehicle that, or the load of which, exceeds any maximum dimension prescribed by the regulations, the Agency may, as a condition of that permission, require that—
a: the motor vehicle be used only under the supervision of 1 or more enforcement officers; and
b: the person to whom the permission is given pay to the Commissioner any fee that the Commissioner fixes to cover the costs incurred by the Police in providing that supervision.
2: Any fee payable to the Commissioner under subsection (1) 1962 No 135 s 78A .
90: Agency to maintain register of driver licences
1: Section 199(2)﻿(a) gender, address,
2: Section 199(2)
ia: information about any court order under this Act authorising the issue of an alcohol interlock licence or zero alcohol licence to the holder: .
3: Section 199
4: A person (being the licence holder or another person who obtains the consent of the licence holder) who applies to the Agency and pays the prescribed fee (if any), is entitled to information about the driver licence that is referred to in subsection (2)﻿(b) or (p).
4: Section 199 section 87(6)
12: For the purposes of this section, driver licence
91: Taking of blood specimens for statistical or research purposes
Section 209
2A: A constable or Police employee may, for research purposes, examine a breath specimen taken under section 68 or a blood specimen taken under section 72 or 73 to determine the alcohol level of any driver involved in a serious injury or fatal accident who the constable or Police employee believes has been drinking.
2B: If the breath screening test of the breath specimen examined under subsection (2A)
2C: If the blood test of the blood specimen examined under subsection (2A)
92: New section 209AA inserted
The following section is inserted after section 209
209AA: Expiry and repeal of section 209(2A) to (2C)
Subsections (2A) to (2C)
93: Transfer provisions for certain employees of Land Transport Safety Agency
The heading to section 223 Land Transport Safety
94: Repeals
Section 214(3)
95: New sections 224A and 224B inserted
The following sections are inserted after section 224
224A: Saving of certain directions given by parking wardens
A direction under section 68BA(2) of the Transport Act 1962 that is in effect immediately before the commencement of this section is to be treated as if it were given under section 128E
224B: Savings of bylaws made under certain Acts
A bylaw made under the Local Government Act 1974 or the Transport Act 1962 that concerns a matter specified in section 22AB and that is in force immediately before the commencement of this section is to be treated as if it were made under section 22AB.
96: Interpretation matters applying to this Part
1: Section 233(1) moped
2: Section 233(1) motorcycle
97: Schedule 2 amended
Part 5
2: Repeal, revocations, and consequential amendments
98: Repeal
The Transport Act 1962 2011-05-10 Transport Act 1962
99: Revocations
The following regulations are revoked:
a: Transport (Amendments to Schedules of Transport Act 1962) Order 2004
b: Transport (Driving Hours Logbook Exemption) Notice 2003 ( Gazette
c: Transport (Offence) Order 2004
d: Transport (Offences) Order 1999
e: Transport (Offences) Order 2004 2011-05-10 Transport (Amendments to Schedules of Transport Act 1962) Order 2004 Transport (Offence) Order 2004 Transport (Offences) Order 1999 Transport (Offences) Order 2004
100: Consequential amendments
1: The enactments specified in Schedule 1
2: The enactments specified in Schedule 2
3: The enactments specified in Schedule 3
4: The enactments specified in Schedule 4 2011-08-07 Land Transport (Offences and Penalties) Regulations 1999 see section 100(1) OIC SR 2012/203 2012-09-10 Sentencing Act 2002 Summary Proceedings Act 1957 Land Transport (Driver Licensing and Driver Testing Fees) Regulations 1999 Land Transport (Offences and Penalties) Regulations 1999 Land Transport (Driver Licensing) Rule 1999 see section 100(2) 2011-05-10 Accident Compensation Act 2001 Airport Authorities Act 1966 Auckland Harbour Bridge Authority Dissolution Act 1983 Children, Young Persons, and Their Families Act 1989 Christchurch-Lyttelton Road Tunnel Authority Dissolution Act 1978 Criminal Investigations (Bodily Samples) Act 1995 Gas Act 1992 Government Roading Powers Act 1989 Human Tissue Act 2008 Income Tax Act 2007 Insurance Companies' Deposits Act 1953 Land Transport Amendment Act 2009 Land Transport (Enforcement Powers) Amendment Act 2009 Land Transport Management Act 2003 Land Transport Management Amendment Act 2008 Local Government Act 1974 Local Government (Auckland Council) Act 2009 New Zealand Railways Corporation Act 1981 Ngāi Tahu Claims Settlement Act 1998 Petroleum Demand Restraint Act 1981 Policing Act 2008 Road User Charges Act 1977 Sentencing Act 2002 Summary Proceedings Act 1957 Transport (Vehicle and Driver Registration and Licensing) Act 1986 Auckland International Airport By-laws Approval Order 1989 Christchurch International Airport By-laws Approval Order 1989 Goods Service Vehicle (Constructional) Regulations 1936 Hazardous Substances (Classes 1 to 5 Controls) Regulations 2001 Heavy Motor Vehicle Regulations 1974 Land Transport (Driver Licensing and Driver Testing Fees) Regulations 1999 Land Transport (Driver Licensing) Rule 1999 Land Transport (Infringement and Reminder Notices) Regulations 1998 Land Transport Management (Apportionment and Refund of Excise Duty and Excise-Equivalent Duty) Regulations 2004 Land Transport (Offences and Penalties) Regulations 1999 Land Transport (Road User) Rule 2004 Mutual Insurance Regulation 1956 Personal Property Securities Regulations 2001 Product Safety Standards (Pedal Bicycles) Regulations 2000 Summary Proceedings Regulations 1958 Traffic Regulations 1976 Transport (Towage Fees) Notice 2004 Transport (Vehicular Traffic Road Closure) Regulations 1965 Wellington International Airport Bylaws Approval Order 1995 Land Transport (Driver Licensing) Rule 1999 see section 100(3) 2011-08-01 Land Transport (Driver Licensing) Rule 1999 see section 100(4)